LIABILITY FOR OIL POLLUTION IN THE NETHERLANDS ANTILLES
Limitation of liability can be invoked up to a certain amount
In the Netherlands Antilles the liability for oil pollution is dealt with in the National Ordinance liability oil tankships 1998 (“Landsverordening Aansprakelijkheid Olietankschepen”). This Ordinance implements two treaties:
– The Treaty of 27 November 1992, entered into in London, the United Kingdom, relating to the statutory liability for damages by oil pollution, and
– The Treaty of 19 November 1976 entered into in London, the United Kingdom, relating to the limitation of liability for maritime claims.
The Ordinance provides that the owner of the ship which carries oil “in bulk” as cargo is liable, even though there is no fault or wrongful act on his side, for damages which are caused by loss of oil from the ship or threatened loss of oil, such with some minor exceptions of limited meaning. The owner of a ship which carries more than two thousand tons of oil is furthermore obliged to maintain financial security for said liability up to the amount to which he may limit such liability when no personal blame to the event causing the damage can be attributed to him.
The provisions of the Ordinance considerably strengthens the position of the party suffering damages as a result of oil pollution. At all times such party can indicate a party who is liable for such damages i.e. the owner of the ship and through the obligatory insurance it is to a large extent insured that recovery of damages is possible.
The owner can invoke limitation of his liability up to a certain amount, with which the possibility of insuring the risk has been taking into account. The Ordinance specifies the manner of calculation. However, invoking this limitation of liability is not possible in case of an intentional act or omission or gross negligence on the part of the ship’s owner causing the damages.
Karel Frielink
Attorney (Lawyer) / Partner
