Publication: Rotterdam Court 9th October 2018 ECLI:NL:RBROT:2018:9174
On her way to the assigned berth for loading in the Rotterdam Port, the Bow Jubail made contact with the jetty and accidentally ruptured the hull. This caused a release of about 217 tons of heavy fuel oil (HFO) from the fuel tank inside into the water causing considerable spill and environmental damages to the port water, jettison and other objects at the location of the incident, whilst the usual traffic of ships to and from the terminal was severely disrupted as a result of cleaning operations during the subsequent days.
Shortly after the incident the vessel’s owners commenced limitation proceedings before the Rotterdam Court. In the application the owners requested the Court to allow a limitation subject to the International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) concluded in London in 2001.
The Court decided, however, that on the basis of the information and evidence submitted by the owners it could not establish whether the vessel did not qualify as a ship within the meaning of the the International Convention on Civil Liability for Oil Pollution Damage, 1992, which provides for a higher limitation amount then the convention relied upon by shipowners.
The discussion held during the proceedings referred to the question whether the “Bow Jubail” that it could be excluded that the vessel actually carried oil products or residues of such cargo at the time of the incident. The Court decided that the remaining uncertainty should be attributed to owners of the “Bow Jubail” and as a result the application for a limitation subject to the International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) concluded in London in 2001 should be denied.
