Rule 6 Liabilities in respect of pollution

Section 1 Pollution liabilities

Liabilities, costs or expenses incurred as a result of the discharge or escape from the entered ship of oil or any other substance or the threat of such discharge or escape unless such liabilities, costs or expenses form part or could form part of General Average under the York/Antwerp Rules 1994 or 2016.

Unless the Association shall otherwise decide, there is no cover in respect of any liability for loss, damage, costs and expenses arising as a consequence of the discharge or escape, or the threat of discharge or escape, of any hazardous waste previously carried on the vessel from any landbased dump, storage or disposal facility.

Section 2 Oil pollution limitation of cover

Subject to (a) and (b) below the Association’s liability for any and all claims in respect of oil pollution shall be limited to such sum or sums and be subject to such terms and conditions as the Association may from time to time determine.

(a) If the Association shall determine that claims on the Association shall be limited to a specified sum in respect of any one entered ship each accident or occurrence, then, unless the Association shall otherwise decide, the limit shall apply irrespective of whether the accident or occurrence involves the escape of oil from one ship or more than one ship and to all claims brought by the Owner or Joint Owners of the ship in respect of such accident or occurrence whether under one Rule or more than one Rule. If the aggregate of such claims exceeds that limit, the liability of the Association for each claim shall be such proportion of the sum determined by the Association as such claim bears to the aggregate of all such claims.

(b) Unless the Association shall otherwise decide, where the ship provides salvage or other assistance to another ship following a casualty, a claim by the Member in respect of oil pollution arising out of the salvage, the assistance or the casualty shall be aggregated with any liabilities or costs incurred in respect of oil pollution by any other ships similarly engaged in connection with the same casualty when such other ships are either

(i) insured by the Association in respect of oil pollution or

(ii) covered for those risks with any other Association which participates in the Pooling Agreement and the Group Excess Reinsurance Policies.

In these circumstances the limit of the liability of the Association shall be such proportion of the sum determined by the Association as the claim by the owner of the ship bears to the aggregate of all the said claims.

If the total amount of any oil pollution claim against the Member under Rule 6 Section 1 exceeds a sum to which the Association has determined to limit its liability according to Rule 6 Section 2, the Association will not be liable to make any payment in respect of any amount by which the claim exceeds the sum to which the Association has determined to limit its liability.