The Netherlands recently became the fourth country to sign, subject to approval, the Nairobi
International Convention on the Removal of Wrecks 2007. The Netherlands joins Estonia, France and Italy, which have signed subject to ratification.
This convention, adopted in May of last year, provides the legal basis for states to remove wrecks that potentially have an adverse impact on safety of life, the marine environment and goods and property. It will enter into force twelve months after ten states have ratified or otherwise accepted the instrument.
The signature by the Netherlands was welcomed by IMO Secretary-General Efthimios E. Mitropoulos. He called on other states to follow suit as soon as possible, so that, “as intended, the Nairobi Wreck Removal Convention can fill a gap in the existing international legal framework, by providing the first set of uniform international rules aimed at ensuring the prompt and effective removal of wrecks beyond the territorial sea.”
Under the new convention, the registered owner is liable for the costs of locating, marking and removing a wreck. An insurance requirement applies to ships of 300 GT and above, to cover this liability. An optional clause allows states party to the convention to apply some of the provisions in their territory, including the territorial sea.
According to the IMO, the number of abandoned wrecks totals around 1300 worldwide. This population of abandoned wrecks is said to be on the increase and, “as a result, the problems they cause to Coastal States and shipping in general have, if anything, become more acute.”
Source: ISU Salvage World, December 2008
