Seanad debates

Thursday, 23 October 2003

Sea Pollution (Miscellaneous Provisions) Bill 2003: Second Stage.

 

In November 2001, the European Commission made a proposal for a decision of the Council authorising the ratification of the Bunkers Convention. The regulatory objective of the convention is to provide adequate, prompt and effective financial compensation to persons who suffer damage caused by spills of oil when carried as fuel in ships' bunkers. It is applicable to damage caused in the territory, including the territorial sea and in exclusive economic zones of states parties. This authorisation was necessary because there was a legislative gap between EU law, on one hand, and international liability conventions, on the other. As a consequence, member states did not have the authority to ratify this convention by themselves as only the Union has the right to negotiate, conclude and fulfil the international commitments set up by it. However, only states may become contracting parties to the convention and, therefore, a situation arose whereby neither EU member states nor the Union were in a position to approve the convention. The Council decision exceptionally authorising ratification of the convention by member states was proposed in order to solve this problem.

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