KARACHI, Feb 26: Pakistan accedes to International Convention on Civil Liability for oil pollution damage which will enable the country to meet the liability regime for compensation against any claims due to pollution by persistent oil escape or discharge from a ship , official sources said on Saturday.

The Civil Liability Convention (CLC-92) ensures that adequate compensation was available to persons who suffer oil pollution damage resulting from maritime casualties involving 1oil-carrying ships.

Pakistan submitted the instrument of accession for the ratification of CLC-92 to International Maritime Organization (IMO) on February 12, 2005. With the accession to CLC-92 Pakistan has so far ratified a total of 27 international instruments of IMO, sources said.

The Ministry of Ports and Shipping, being a focal point for all matters related to IMO, has finally succeeded in acceding to CLC-92, which was a long awaited requirement for meeting the liability regime for compensation against any claims due to pollution by persistent oil escape.

The case of accession to CLC-92 was initiated by Captain Anwar Shah, Director General, Ports and Shipping in September 2003 and it has borne fruit now.

The sources said that it would now be in the larger interest of the country that efforts were initiated to joine International Oil Pollution Compensation Fund, 1992 (Fund-92), which would enhance the liability regime further.

However, the ratification of Fund-92 is not in the ambit of Ministry of Ports and Shipping alone, as all persistent oil importing entities of the country have to agree, since they would be required to contribute towards Fund-92, official sources added.

The convention places the liability of such damage on the owner of the ship which discharges the polluting oil.

Subject to a number of specific exceptions, this liability is strict; it is the duty of the owner to prove in each case that any of the exceptions should in fact operate. However, except where the owner has been guilty of actual fault, they may limit liability in respect of any one incident to: i) For a ship not exceeding 5000 gross tonnage, liability is limited to 4.51 million Special Drawing Rights (SDR) of IMF, ii) For a ship 5000 to 140,000 gross tonnage, liability is limited to 4.51 million SDR plus 631 SDR for each additional gross ton over 5000, iii) For a ship over 140,000 gross tonnage, liability is limited to 89.77 million SDR.

As of January 31, 2005, 104 states have ratified CLC-92. Ratification of CLC-92 provides an easy recourse, without lengthy litigation, to financial compensation to persons who may suffer losses due to oil pollution by an oil tanker. There are well laid down international standards for assessing the oil pollution damage and the compensation to be paid, the official sources said.

It may be noted that as per CLC all oil tankers are required to have on board a Certificate of Insurance or other financial security in respect of civil liability for oil pollution damage.

Sources said that all Pakistani oil tankers, already carry this certificate. And as such there is no additional financial cost on oil tankers owned by PNSC due to the ratification of CLC-92 by Pakistan.