NAIROBI CONVENTION

TH E W RECK REM O VAL CO NVENTI O N 20 07

GROUP- D

P R E PA R E D B Y D H A R A M T R I PAT H Y
 Nairobi International Convention on the
Removal of Wrecks (Wreck Removal
Convention) 2007

A convention concerning wreck removal had been the subject of discussion for a long
time. The need for such a convention was recognized already in the 1970s.
This makes the Nairobi Convention the convention that has taken the longest time to
develop within the framework of the IMO.
The Wreck Removal Convention was adopted at an International Maritime
Organization Diplomatic Conference in Nairobi in 2007.
The Convention entered into force on 14 April 2015. There were 15 states party to
the Convention when it entered into force and other states are continuing to ratify it.
 PURPOSE
Three central questions arise when dealing with shipwrecks:
Who is responsible for wreck removal?
What measures need to be taken based on such a responsibility?
How can the responsibility be enforced?

The Nairobi Convention on the Removal of Wrecks addresses these questions.

The purpose of the Nairobi Convention is to harmonize the regulations on wreck

removal.
The convention is meant to fill a gap in international law by providing Coastal States
with clear mandates of wreck removal when it comes to wrecks situated outside of
the territorial sea while at the same time enabling them to claim compensation for
incurred costs as a result of the removal.
Currently 25 countries have ratified the convention including the United Kingdom. 
 Contents of the convention
The conventions contains 21 articles and 1 annex.

The following slides cover the key elements of the convention needed to develop an
understanding of it for Ship Masters.
The Nairobi Convention is applicable in what is called the Convention area. This is
defined in article. 1.1 WRC.
The Convention applies only to wrecks located in the Member States’ Exclusive
Economic Zone (EEZ).  However a Member State may choose to extend the scope of
the Convention to its own territory, including its territorial sea. 
 If a State Party has not established an EEZ, an area extending up to ≤ 200 miles from
the baseline from where territorial sea is measured.
 Key Definitions as per the Convention
Ship means a seagoing vessel of any type including hydrofoil boats, air-cushion vehicles, submersibles, floating
craft and floating platforms, except platforms on location engaged in exploration, exploitation or production of
seabed mineral resources. There is no minimum gross tonnage in this respect.
Wreck means the following resulting from a maritime casualty :
 Sunken or stranded ship or any part thereof or any object there from.
 Stranded, sunken or adrift object lost at sea from a ship.
 Ship, which is about to sink or strand, where effective measures to assist the ship are not already being taken.

Hazard means any condition which poses a danger or impediment to navigation or May result in major harmful
consequences to marine environment or coastline or related interests.
Operator of ship means owner, manager or bareboat charterer who has assumed duties and responsibilities from
the owner under the ISM Code.
Affected State means the State where the wreck is located
 EXCLUSIONS
This convention shall not apply to:
Measures taken under INTERVENTION convention 1969 and its protocol of 1973.

Warship or ship owned or operated by a State on government non-commercial service, unless that State
decides otherwise, in which case it shall notify IMO.

REPORTING WRECKS
Flag State shall require either the Master or operator of its ship to report to the Affected State when that ship
is involved in a casualty, which results in a wreck.

Following information shall be provided :

 Name and principal place of business of the owner.
 Precise location of wreck. Its type, size and construction.
 Nature of damage to, and condition of the wreck.
 Nature and quantity of cargo, particularly hazardous and noxious substances.
 Amount and types of oil, including bunkers, on board.
 REPORTING, LOCATING AND DEALING WITH A WRECK
The duty to report is to the Affected State which in turn is to determine whether the wreck poses a
hazard in accordance with the specified criteria.
The Affected State is to establish the precise location of the wreck, to promulgate its position and the
threat it poses and, as necessary, mark its position utilizing the international system of buoyage. 

REMOVAL OF WRECKS
If Affected State determines that a wreck constitutes a hazard, then it shall take following
steps :
• Inform the Flag State and owner of ship about details of the wreck.
• Lay down conditions for its removal, consistent with the safety and protection of environment.
• Intervene during removal process as necessary for the safety and protection of environment, if
the hazard becomes particularly severe.
• Set a deadline for its removal, depending on nature of the hazard, and inform the owner in
writing.
• If owner does not remove the wreck within the deadline, or if he cannot be contacted, or if
immediate action is required, the Affected State may remove it.
 OWNER SHALL TAKE FOLLOWING STEPS
• Remove the wreck, may be by contracting the work to any salvor or person subject to the law of the
Affected State.
• Provide evidence of insurance to the Affected State
LIABILITY OF THE OWNER

Owner shall be liable for costs of locating, marking and removing the wreck except if the casualty
that caused the wreck was due to the following circumstances :
• Act of war, hostilities, civil war or insurrection.
• Natural phenomena of exceptional, inevitable and irresistible character.
• Act done with intent to cause damage by a third party.
• Negligence of government or other authority responsible for maintenance of navigational aids.

Owner shall be able to limit his liability under any National or International law, like the LLMC
convention. Owner shall not be liable for costs if it conflicts with CLC convention 1969, HNS
convention 1996, Bunker Convention 2001, Convention on third party liability in the field of nuclear
energy 1960. Convention on civil liability for nuclear damage 1963
 INSURANCE

• Owner of a ship of GT ≥ 300 tons shall maintain insurance or other financial security like bank
guarantee, to cover his liability under this convention, equal to limit of liability under National or
International laws, but ≤ limit calculated in accordance with the LLMC convention.
• Owner of a ships ≤ 300 GT is not compulsorily requires to maintain insurance under this convention.
• Flag State shall issue certificate to the ship attesting that above requirement is complied with.

TIME LIMITS

• Right to recover costs under this convention shall be extinguished unless action is brought within 3
years after the hazard was determined.
• Action cannot be brought after 6 years from the date of casualty.
 OBTAINING A CERTIFICATE
The registered owners must obtain a "blue card" from their Club confirming that the Club accepts the
responsibilities which the Convention places on the insurer. The blue card will be in pdf or similar
electronic format.
Owners send the blue card with their application to the authorities of the state issuing the Certificate.

Ship registered in a State Party to the Convention

Owners apply to the authorities of that state.
Ship not registered in a State Party to the Convention
Owners apply to a state which is party to the Convention and willing to issue Certificates.

The Certificate will be issued in the form prescribed in the Convention. The original must be carried on
board.
This Photo by Unknown Author is licensed under CC BY-NC