IOPC Funds publishes revised guidance for Member States on the definition of ‘ship’

The IOPC Funds Secretariat has published a revised guidance for Member States on the consideration of the definition of ‘ship’ under the 1992 Civil Liability Convention (1992 CLC).

At its May 2023 session, the 1992 Fund Executive Committee requested that the Director explore the development of a standard procedure for determining when a vessel ceases to be a ‘ship’ under the 1992 CLC. Following consultations with industry representatives, the Director’s proposal to present the revised guidance as a footnote to the existing guidance adopted by the 1992 Fund Administrative Council in October 2015 was approved by the governing bodies at their November 2025 meeting.

The revised text will assist States in determining, in principle, whether compensation should be paid following an oil pollution incident, particularly in cases involving tankers capable of carrying both persistent oil and other chemical substances as cargo. It clarifies the treatment of ‘residues’, defined under the 1992 CLC as remnants of a persistent oil cargo in quantities that present a material pollution risk, and outlines the relevant tank-cleaning processes and related requirements under the International Convention for the Prevention of Pollution from Ships (MARPOL).

At the November 2025 meeting, the governing bodies further instructed the Director to inform the International Maritime Organization (IMO) of this decision by submitting an information document to the Marine Environment Protection Committee and the Legal Committee.

The latest version of the guidance is now available for download in the Publications section of the IOPC Funds’ website.