What is the Convention all about?

The Nairobi International Convention on the Removal of Wrecks 2007 comes into force on 14 April 2015. When the Convention applies, it will impose strict liability and insurance obligations on the registered owners of all ships that become or cause wrecks. The Convention applies to all ships and platforms (floating ships and production drilling units are only excluded while on location and engaged in work), but the compulsory insurance and reporting obligations will only apply to ships flagged in a State Party. The Convention applies to wrecks (the definition includes parts of ships, cargo and a ship that is likely to sink or strand) occurring in the EEZ of a State Party (up to 200 nautical miles from the coast, but not within its territorial waters (from the coastline to a maximum of 12 nautical miles) unless the State Party has opted in to its territorial waters also being covered.

Shipowners’ responsibilities -

The owner and any manager or demise charterer which operates a ship flagged in a State Party have an obligation to report any wreck without delay to the State Party (in whose waters the incident has occurred). Although only 15 states have ratified to date, the Marshall Islands, Liberia and the UK have all ratified, meaning that about one third of the world’s ships will be covered by the compulsory insurance and reporting obligations from the start.