Discover the top 8 wreck removal duties outlined in the Nairobi International WRC. Learn how this international convention shapes coastal safety, maritime insurance, and environmental protection in global waters.
Why the Nairobi WRC Matters in Modern Maritime Operations
Shipwrecks aren’t just relics of the past—they’re modern risks. A wrecked vessel can block shipping lanes, leak hazardous substances, threaten marine biodiversity, or create safety hazards for fishing and recreational boats. Recognizing the growing number of maritime casualties and their complex liabilities, the International Maritime Organization (IMO) introduced the Nairobi International Convention on the Removal of Wrecks (WRC), 2007.
Entering into force in 2015, the Nairobi WRC is the first global treaty to uniformly address wreck removal responsibilities. It empowers coastal states to act swiftly while ensuring that shipowners remain financially and legally responsible.
Let’s dive into the eight key duties this convention outlines.
1. Duty to Report a Wreck Immediately
Under Article 5 of the Convention, the shipowner or master must report a wreck without delay to the affected coastal state. This applies whether the wreck results from grounding, collision, or abandonment.
Reporting Must Include:
- Location and nature of the wreck
- Type and quantity of cargo and fuel
- Potential hazards to navigation or environment
Real-World Relevance: Timely reporting prevents navigational disasters. The MV Rena spill off New Zealand (2011) showed the risks of delayed communication—fuel oil spread rapidly while wreck details remained vague.
2. Duty to Mark the Wreck Clearly
Once a wreck is reported, the coastal state is obligated to mark it visibly and effectively, especially if it’s deemed a hazard. According to Article 7:
- The marking must be maintained until the wreck is removed or no longer a danger.
- Modern technologies like AIS beacons, buoys, or radar reflectors are often used.
IMO Guidelines: The marking must conform to standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA).
Case Example: The marking of Costa Concordia off Giglio Island helped Italian and international authorities organize salvage while safeguarding nearby navigation.
3. Duty to Determine Hazard Level
The Convention outlines detailed criteria to assess whether a wreck constitutes a hazard. These include:
- Location (e.g., near shipping routes or fishing grounds)
- Type and volume of cargo (e.g., oil, chemicals)
- Depth of water at the wreck site
- Environmental and economic importance of the area
Authority: The affected coastal state makes this determination but must notify the flag state and the IMO.
Analogy: Like a building inspector assessing earthquake risk—except here, the inspector is evaluating submerged steel.
4. Duty of the Shipowner to Remove the Wreck
If the wreck is a hazard, the shipowner is legally required to remove it, at their own expense and within a reasonable timeframe.
This obligation is strict liability-based, meaning that negligence does not have to be proven. It applies to:
- Registered shipowners (not charterers)
- All ships of 300 gross tonnage or more flying the flag of a state party
Insurance Mandate: Article 12 requires all such vessels to carry wreck removal insurance or financial security (e.g., P&I Clubs).
Recent Example: In the case of MV Wakashio (Mauritius, 2020), the shipowner had to fund extensive wreck removal following a major oil spill.
5. Duty to Inform and Coordinate with Other States
In incidents involving shared waters, EEZ overlaps, or foreign-flagged ships, coordination is vital. The Convention encourages coastal states to:
- Inform the flag state of their decisions
- Notify adjacent states if transboundary impacts are possible
- Work in line with IMO’s Marine Casualty Investigation Code and UNCLOS provisions
Case Study: During the 2018 wreck of the Iranian tanker Sanchi, both Japan and China had to coordinate salvage and pollution control despite overlapping interests in the East China Sea.
6. Duty of Coastal States to Step In If the Owner Fails
If a shipowner doesn’t act promptly, the coastal state may intervene to remove the wreck—but they can recover costs from the owner or their insurer.
Legal Power: States are authorized under Article 9 to contract third-party salvors, impose liens on the vessel, or freeze insurance payouts.
Best Practice: Coastal authorities work with IACS-classified wreck removal companies (e.g., SMIT Salvage, Resolve Marine) for technical execution.
Important Stat: According to EMSA reports (2023), over 45% of wrecks removed in European waters between 2015–2022 were due to state intervention after non-compliance.
7. Duty to Provide Wreck Removal Certification
All vessels of 300 GT or above must carry a Wreck Removal Certificate issued by their flag state or an authorized entity. This certificate verifies:
- Valid wreck removal insurance
- Compliance with Convention requirements
Inspection Risk: Port State Control authorities under Paris MoU or Tokyo MoU may detain vessels lacking valid certification.
Technology Note: Flag registries (e.g., Marshall Islands, Liberia) now issue digital certificates via blockchain-based systems to prevent forgery.
8. Duty to Respect Sovereignty and International Law
While the Convention grants powers to coastal states, it also respects the rights of the flag state and conforms with UNCLOS and IMO’s global legal framework.
Key Safeguard: Coastal states must notify and consult before removing foreign-flagged wrecks, except in emergencies.
Balance: This ensures that wreck removal does not become an excuse for unjustified interference in another state’s maritime affairs.
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Real-World Applications and Recent Developments
The Nairobi WRC has changed how the maritime world views wrecks—not just as tragic events, but as manageable liabilities.
Insurance Evolution: All major P&I Clubs (e.g., Gard, UK Club, NorthStandard) now offer WRC-compliant cover.
Legal Example: In 2021, the UK Maritime and Coastguard Agency (MCA) invoked the Convention for the removal of a sunken barge off Dover, marking one of its first applications under national law.
Future Trend: As climate change increases storm intensity, more wrecks are expected in coastal zones. Countries like Australia and Canada have begun integrating WRC provisions into national disaster preparedness plans.
FAQ Section
Q1: Does the Convention apply to wrecks inside territorial waters?
No. The Nairobi WRC primarily covers wrecks in the exclusive economic zone (EEZ). However, states may extend it to their territorial sea.
Q2: Are fishing boats or yachts included?
Only vessels of 300 GT or more are required to carry insurance and certificates.
Q3: Who pays for wreck removal?
The shipowner or their insurer. If the coastal state intervenes, they can recover costs.
Q4: What if the owner is bankrupt or unknown?
The Convention mandates financial security, but if unavailable, states may rely on national funds or regional mechanisms (e.g., EMSA emergency funding).
Q5: How is a wreck defined legally?
It includes any sunken, stranded, or abandoned vessel, part of a vessel, or cargo that poses a hazard.
Conclusion
The Nairobi International WRC is a modern legal tool designed to protect oceans, safeguard navigation, and hold shipowners accountable. These eight duties form a framework that empowers states while ensuring responsible ship operations.
For maritime professionals, insurers, and coastal managers, understanding this Convention is no longer optional—it’s essential to staying compliant, prepared, and environmentally responsible in a risk-prone industry.
References
- International Maritime Organization (www.imo.org)
- Nairobi International Convention on the Removal of Wrecks (IMO Text)
- EMSA Wreck Removal Reports 2015–2023
- Lloyd’s List Intelligence: Salvage and Recovery Case Studies
- The Nautical Institute: WRC Compliance Modules
- UK Maritime and Coastguard Agency (MCA) – Legal Updates
- Gard P&I Club: Nairobi WRC Guidelines
- IACS Recommendations on Wreck Certification
- Paris MoU Annual Detention Lists
- IALA Guidelines on Wreck Marking
- UNCLOS (United Nations Convention on the Law of the Sea)
- BIMCO: Legal Briefs on Wreck Liability