Notices to Members No.14 2025/26 - Amended guidance on definition of ‘ship’ under 1992 CLC Erin Walton Assistant Corporate Director December 2025 IOPC Funds Amended Guidance for Member States on the definition of ‘ship’ under the 1992 Civil Liability Convention (1992 CLC) Download PDF At the November 2025 Sessions of the IOPC Funds’ Governing Bodies, the Executive Committee of the IOPC Funds approved a new footnote for inclusion in the IOPC Funds’ publication ‘ Guidance for Member States – Consideration of the definition of ‘ship’ under the 1992 Civil Liability Convention ’.  The footnote sets out guidance on a standard procedure for determining when a ship which can serve as a qualifying ship under both the 1992 CLC and the 2001 Bunkers Convention, ceases to be a “ship” under the 1992 CLC.   This Notice provides Members with an overview of the reason for the change and guidance for tankers that switch between MARPOL Annex I [1] and MARPOL Annex II cargoes. [1]  Not all MARPOL Annex I cargoes are persistent hydrocarbon mineral oils for the purposes of the 1992 CLC or 2001 Bunkers Convention, but to avoid uncertainty about whether a cargo is persistent or non-persistent, we recommend following this guidance when switching between any MARPOL Annex I and Annex II cargoes. Legal framework Overview of compensation regime for oil pollution damage from tankers carrying persistent oil The 1992 CLC, 1992 Fund Convention and 2003 Supplementary Fund Protocol establish a liability regime for pollution damage caused by spills of persistent oil from tankers, which occur in the territory or exclusive economic zone of a State Party to the respective Convention. The 1992 CLC governs liability for oil pollution damage under which the registered owner is held strictly liable for pollution damage caused by the escape or discharge of persistent oil from the ship.  In return for this strict liability, the registered owner is able to limit its liability based on the si