Liability for Oil Pollution Damage

Civil liability certificates for oil tankers under the International Convention on Civil Liability for Oil Pollution Damage of 1992 (1992 Liability Convention)

Legal basis

• International Convention on Civil Liability for Oil Pollution Damage of 1992 (1992 Liability Convention)
• Act to amend the Oil Pollution Damage Act and other Shipping Law regulations
• Oil Pollution Damage Act
• Ordinance on the Issuance of Certificates under the Oil Pollution Damage Act

General information

The owners of seagoing vessels carrying more than 2000 tons of oil in bulk and registered in a State Party to the 1992 Liability Convention are required to maintain insurance (so-called "Blue Card") or to provide other financial security (e.g. bank guarantee) under the 1992 Liability Convention covering any pollution damage caused.

The same applies to the owners of vessels registered in a state that is not party to the 1992 Liability Convention if such vessels operate in the territory of a State Party.

By issuing a Civil Liability Certificate under the 1992 Liability Convention (CLC), the Federal Maritime and Hydrographic Agency (Bundesamt für Seeschifffahrt und Hydrographie - BSH) confirms that such insurance or other financial security is in place.
The period of validity of the CLC is the same as that of the insurance in place or other financial security provided.

The CLC must be carried on board at all times.

Application for a certificate (CLC)

To obtain a Civil Liability Certificate under the 1992 Liability Convention (CLC) from the BSH, a written application in German or English has to be submitted. In case the language of the application or of any of the documents enclosed with the application is neither German nor English, a translation by an officially certified translator has to be enclosed with the application.

Applications are not allowed to be submitted in electronic format.

Please use current forms for your application.

The application shall contain the following particulars:

• name of ship, distinctive number or letters and port of registry;
• name of the registered owner;
• address of the principal place of business of the registered owner incl. telephone number and, if available, fax number;
• type and duration of the insurance or other financial security

The application form for a Civil Liability Certificate under the 1992 Liability Convention (CLC) incl. pertinent queries is available here.

The following documents have to be enclosed with the application:

• statement by the provider of security that
• the security is in compliance with the 1992 Liability Convention, and
• early termination or modification of the security causing non-compliance with the requirements shall not become effective vis-à-vis third parties before three months have elapsed from the date on which notice of its termination or modification is given to Bundesamt für Seeschifffahrt und Hydrographie;
• documentation of the ship's tonnage;
• in case the ship is not entitled to fly the German flag, the name and address of a person authorised to accept service whose permanent residence is in the area covered by the Ordinance and who holds a power of attorney. The authorisation form for the authorised recipient (CLBC) is available here (PDF, 37 KB).

The BSH issues Civil Liability Certificate under the 1992 Liability Convention (CLC), upon application, to vessels covered by the 1992 Liability Convention which are either listed in the German Shipping Register or are registered in states which are not party to the 1992 Liability Convention.

Fees

Under Art. 1 para. 2 of the Cost Ordinance for Official Acts of Federal Maritime and Hydrographic Agency (BSHKostV), in conjunction with the annexed list of fees, the following fees are charged for the issue of a Civil Liability Certificate under the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC):

The German text is authentic.