Tomorrow, on the 11 February 2025, the Nairobi Convention on the Removal of Wrecks will enter into force in Norway. The Convention will simultaneously be adopted into national law through provisions in the Norwegian Maritime Code. The new rules will apply to all seagoing vessels within Norway's territorial waters and exclusive economic zone.
The Convention, which was adopted in Nairobi in 2007, and entered into force on 14 April 2015, has since been ratified by 70 states. The purpose of the convention is to establish uniform rules for the prompt and effective removal of shipwrecks located in the exclusive economic zone (EEZ) of a member state.
The Convention applies to all maritime vessels and crafts, with the term 'wreck' including any shipborne object. Norway, along with almost half of the Convention's signatories, has chosen to extend the Convention's application beyond the Exclusive Economic Zone (EEZ) to encompass its territorial waters. This means the Convention will apply to all seagoing vessels up to 200 nautical miles from the Norwegian coastal baseline.
Compulsory Insurance Regime
A significant feature of the Convention is the compulsory insurance regime, based on the system of other IMO Liability Conventions. Mainly it entails that shipowners of vessels of 300 gross tonnage (gt) or more are required to maintain insurance or other financial security to cover the costs of wreck removal. Certificates evidencing such insurance, issued by a state party to the Convention, must be carried on board.
The Convention also provides the authorities a right of direct action against the ship's insurers for reimbursement of the wreck removal costs, provided that the costs have been incurred and the conditions of the Convention are met.
Shipowner Liability
The Convention imposes strict liability on the registered shipowner for the location, marking, and removal of wrecks considered hazardous. The Convention categorises a wreck as hazardous based on defined criteria, although it primarily concerns where the wreck is a threat to navigation, the marine environment, coastal integrity, or associated interests. In essence, the liability regime is structured to ensure that shipowners are financially accountable for the consequences of their sunken or stranded vessels, irrespective of fault.
Exclusions and Limitation of Liability
The Convention's liability regime excludes damage resulting from acts of war (excluding terrorism), damage caused solely by the actions of third parties or negligent maintenance of navigational aids, as well as pollution damage claims that fall under conflicting conventions.
Additionally, the Convention does not affect the shipowners' right (if any) to limit liability under any applicable national or international regimes, such as the 1976 Convention on Limitation of Liability for Maritime Claims (amended 1996).
The practical impact of the Convention remains to be seen, as the current national rules on wreck removal will continue to apply side-by-side with the Convention rules. Regardless, the implementation of the Nairobi Convention marks a commitment to international cooperation in addressing the increasing challenges posed by shipwrecks.
Kvale's shipping team stands ready to provide assistance with any questions concerning the Nairobi Convention or its implementation in Norway.
