1996 (January 15)
Official Gazette No. 42,692, of January 18, 1996
Through which the "International Convention on the Establishment of an International Fund for Compensation for Damage Caused by Oil Pollution", signed in Brussels on 18 December 1971 and its Amending Protocol of 19 November approved 1976. Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "International Convention on the Establishment of an International Fund for Compensation for Damage Caused by Oil Pollution", signed in Brussels on 18 December 1971 and its Amending Protocol of 19 November 1976
Conference on the Establishment of an International Fund for Compensation
for Oil Pollution, 1971.
INTERNATIONAL ESTABLISHMENT oF aN AGREEMENT
INTERNATIONAL FUND FOR COMPENSATION FOR POLLUTION CAUSED
RESOLUTION ADOPTED BY THE CONFERENCE.
Intergovernmental Maritime Consultative Organization, London. Copy
certified the official translation in Spanish.
For the Secretary General of the Intergovernmental Maritime Consultative Organization
International Convention on the Establishment of an International Fund for Compensation
for Oil Pollution.
(Supplementary to the International Convention on Civil Liability for Damage Caused by Oil Pollution 1969).
The States Parties to this Convention, also
As participants in the International Convention on Civil Liability for Damage Caused by Oil Pollution, adopted in Brussels on 29 November 1969,
Aware of the dangers of pollution creating international shipping of oil in bulk,
Convinced of the need to ensure adequate victims of pollution damage caused by spills or discharge of oil from ships compensation
Whereas the International Convention November 29, 1969 on civil liability for damage caused by oil pollution, thus represents considerable progress in establishing a system of compensation for damages incurred in the Contracting States by pollution and the costs of those measures adopted preventive anywhere to avoid or limit such damage,
Whereas this regime, which is for the owner an additional financial obligation, but does not provide in all cases full to the victims of damage pollution compensation hydrocarbons
Considering further that the economic consequences of damage from spills or discharge of oil carried in bulk by sea should not be borne solely by the shipping industry but also by cargo interests, Convinced
the need to create a system of compensation and compensation to supplement the provisions of the International Convention on civil liability for damage caused by oil pollution to ensure full compensation for victims of pollution damage and exonerate the same time the owner of additional financial obligations under the Convention,
Considering the Resolution on the establishment of an International fund for compensation for damage caused by oil pollution, adopted on 29 November 1969 by the International Legal Conference on damage caused by pollution of the sea waters, Have agreed
GENERAL PROVISIONS ARTICLE 1o. For the purposes of this Convention:
1. The term "Liability Convention" means the International Convention on Civil Liability for Damage Caused by Oil Pollution adopted in Brussels on 29 November 1969.
2. The terms "boat", "person", "owner", "Oil", "pollution damage", "preventive measures", "sinister" and "organization" have the same meaning as given in Article 1 liability Convention, it being understood however that, for the purposes of these terms, the notion of "oil" is limited to persistent mineral hydrocarbons.
3. By "contributing oil" means the "crude oil" and "fuel oil", as defined in paragraphs a) and b) below:
A) "crude oil" means any liquid hydrocarbon mixture occurring naturally in the earth whether treated or not understood for easy transport. They likewise include crude oils that has been removed them some distillation fractions (sometimes called "raw without overhead fraction"), or those who have added certain distillation fractions (also known as "spiked" or "reconstituted");
B) "fuel oil" means heavy distillates or residues from crude oil or blends of such materials intended for use as fuel for the production of heat or power of a quality equivalent specifications "American Society for Testing Materials Specification for Fuel Oil No. 4". (Designation D 396-69) or higher.
4. "Ex" means the unit referred to in Article V, paragraph 9, of the Liability Convention.
5. By "tonnage" means the provisions of Article V, paragraph 10, of the Liability Convention.
6. "Tonne", applied to hydrocarbon refers to metric tons.
7. By "guarantor" means any person providing insurance or other financial security to cover an owner's liability as set out in paragraph 1, Article VII of the Liability Convention.
8. The term "terminal installation" refers to any place of storage of oil in bulk which is capable of receiving transported by sea, including any facility situated on the sea and linked to such site.
9. When an incident consists of a series of events will be considered the date of the first of these as the loss.
1. By this Convention is an International Fund for Compensation for Damage Caused by Oil Pollution, hereinafter called "the Fund". The aims of the Fund:
a) compensation to victims of pollution damage to the extent that the protection afforded by the Liability Convention is inadequate;
B) exempting owners additional financial obligations for them under the Convention of responsibility, under the conditions provided to ensure compliance with the Convention on the Safety of Life at Sea and other conventions;
C) To achieve the related objectives under this Convention.
2. Each Contracting State shall recognize the legal personality capable of taking under their respective legislation rights and obligations Fund and of being a party in legal proceedings before the courts of that State. Each Contracting State shall recognize the Director of the Fund (hereinafter "Fund Manager") as the legal representative.
ARTICLE 3. This Convention extends:
1. As for the compensation provided in Article 4, only to damage caused by pollution in the territory or territorial sea of a Contracting State and those measures taken to prevent or limit the damage.
2. As for the compensation to the owners and their guarantors under Article 5, only to damage caused by pollution in the territory or territorial sea of a State Party to the Convention of responsibility for a boat registered or flying the flag a Contracting State, and measures to prevent or limit the damage.
Redress and compensation.
1. To fulfill the purposes set out in paragraph 1 a) Article 2, the Fund will compensate all victims of pollution damage to the extent that it has not received a full and adequate compensation under the circumstances envisaged in the Liability Convention:
a) not foresee the Convention liability for the damage in question;
B) because the owner liable for the damage under the Liability Convention is unable for financial reasons to comply fully with its obligations and the financial guarantee provided for in Article VII of the Convention does not cover or does not fully satisfy the demands for compensation raised up; an owner is considered unable for financial reasons to comply with its obligations and the financial guarantee is deemed insufficient, when the victim, having taken all reasonable steps to pursue the legal remedies available, may have not fully get the amount of compensation owed under the liability Convention;
C) because the damage exceeds the limits of liability of the owner set out in Article V, paragraph 1 of the Convention of responsibility, or the terms of any other international Convention in force or open for signature, ratification or accession the date of this Agreement.
For the purposes of this article, expenses or sacrifices reasonably incurred by the owner voluntarily to prevent or reduce contamination are considered pollution damage.
2. The Fund shall be exempt from any obligation prescribed in the preceding paragraph, if
a) Proof that the damage is the result of an act of war, hostilities, civil war or insurrection or was caused by a spill or discharge of oil from a warship or any other ship belonging to a State or operated by him and exclusively affection, at the time of the incident, a Government non-commercial service;
B) The applicant can not prove that the damage is a result of the loss of one or more ships.
3. If the Fund proves that the damage has been caused, in whole or in part, for having acted or failed to act the victim with malice or negligence of this intention, it may be relieved to compensate all or part of its obligations, except for those preventive measures compensated under paragraph 1. in any case, the Fund will be exonerated to the extent that the owner may have to be under Article III, paragraph 3 of the Convention of responsibility.
4. a) Except as provided in paragraph b) of this section the total amount of compensation payable by the Fund for each incident added to the compensation paid under the Convention of liability for damages in the territory of the Contracting States, and including all compensation payable by the Fund to the owner under the terms of Article 5, paragraph 1 of this agreement shall not exceed 450 million francs;
B) The total amount paid by the Fund under this Article for damage resulting from a natural phenomenon of an exceptional inevitable and uncontrollable, shall not exceed 450 million francs.
5. If the amount of the claims made against the Fund exceeds the total amount of compensation payable by it under paragraph 4, the available amount shall be divided so that the ratio of each claim and the actual amount of compensation received by the terms of the liability Convention and this Agreement is the same for all claimants.
6. The Assembly of the Fund (hereinafter "the Assembly") may, in the light of the experience gained by previous losses and particularly the amount of resulting damage, as well as fluctuations in the money market, change the amount of 450 million francs cited in paragraphs a) and b) of paragraph 4, provided that the resulting figure does not in any case exceed 900 million francs or less than the 450 million francs. the new limit to incidents occurring after the date it has been adopted the decision to amend the initial amount will be applied.
7. When requested by a Contracting State, the Fund will make available the necessary services to help you get without delay the personnel, equipment and aids required to prevent or mitigate those damages for which would apply to the compensation fund under this Agreement.
8. Under conditions to be laid down in its rules, the Fund may provide credits to take preventive measures against those damages resulting from an accident for which compensation would apply to the Fund under this Convention.
The 5th ITEM.
1. To fulfill the purposes set out in paragraph 1 b) Article 2 of this Agreement, the Fund will compensate the owners and their guarantors for the portion of the total limit of their responsibility that requires them the Liability Convention which: | || a) exceed 1,500 francs for each ton of the ship, or the amount of 125 million francs, whichever is less, and
b) not exceed 2.00 francs per tonne ship, or an amount of 210 million francs, whichever is less, provided that the Fund is exonerated from any liability under this paragraph, if the damage was the result of the willful misconduct of the owner himself.
2. Under conditions to be fixed by the fund rules, the Assembly may authorize it to assume the obligations of those vessels referred to in paragraph 2, Article 3 for the portion of liability referred to in paragraph 1 of this article. However, the Fund will assume these obligations only on request of the owner, provided that it has signed an insurance or other financial security to cover part of its liability for the Convention liability up to an amount equivalent to 1,500 francs per ton of tonnage of boat or 125 million francs if this amount is lower. When the Fund assume these obligations will be considered in each of the Contracting States that the owner has complied with the provisions of Article VII of the Liability Convention in that part of their responsibility mentioned above.
3. The Fund will partially or fully exempted from obligations to the owners and their sureties resulting from paragraphs 1 and 2 of this Article, if it can demonstrate that, by fault or negligence on the owner:
a) where the ship has oil spilled causing damage had not complied with the requirements set out in:
i) the International Convention for the prevention of pollution of the sea by oil, 1954, as amended in 1962; or
ii) The International Convention for the Safety of Life at Sea, 1960; or
iii) The International Convention on Load Lines 1966; or
iv) The International Regulations for Preventing Collisions at Sea, 1960; or
v) The amendments to these Conventions which have been declared important in accordance with Article XV15. the Convention referred to in paragraph i), Article IX e) of the Vienna Convention in paragraph i) or Article 29.32 d) or 4. d) of the Convention referred to in paragraph IIII), provided that these amendments have It has been in effect during the twelve months preceding the date of the incident, and
b) the incident resulted in all or part of the breach of these provisions.
The provisions of this paragraph shall apply even if the State flag or the registration number of vessel not part of the instrument.
4. Upon entry into force a new agreement intended to replace in whole or in part one of the instruments referred to in the preceding paragraph, the Assembly stipulate six months in advance at least the date on which the new agreement fully or partially replace the purposes of paragraph cited the instrument in question. However, any State Party to this Convention may before that date, notify the Director of the Fund does not accept the substitution; in such a case, the decision of the Assembly is ineffective for vehicles registered or flying the flag of that State at the time of the accident ships. The notification may be withdrawn at any time thereafter, and in any case cease to have effect when the State concerned access to the new agreement.
5. If a ship meets the conditions set out in an amendment to one of the instruments referred to in paragraph 3 or in a new agreement when the amendment or agreement are intended to replace all or part of the instrument shall be deemed for the purposes of application of that paragraph 3 that the ship has fulfilled the requirements of the instrument.
6. When the Fund as guarantor under the terms of paragraph 2, has paid compensation for damage in accordance with the provisions of the Liability Convention, you may appeal against the owner to the extent that he had been exonerated by paragraph 3 of its obligations incumbent on him under paragraph 1.
7. For the purposes of this article, expenses and sacrifices reasonably spoiled by the owner voluntarily to prevent or limit contamination will be considered covered by your responsibility.
1. The right to compensation referred to in Article 4 or compensation referred to in Article 5 shall expire three years after the damage occurred if previously not been initiated court action pursuant to those articles, or would not have made the notification I referred to in paragraph 6. Article 7 in any case, within six years from the date of loss can not attempt any judicial action.
2. However, the provisions of the preceding paragraph the right of the owner or his guarantor, to claim from the Fund for compensation under the terms of Article 5, paragraph 1, will not be extinguished in any case within six months from the date they have aware of the legal action taken against them under the liability Convention.
1. Subject to the following provisions of this article, all claims for damages or compensation against the Fund initiated on the basis of Articles 4 and 5 respectively of this Agreement shall be filed only in the courts specified in Article IX of the Liability Convention to prosecute those owners responsible for damage resulting from an accident or who have been responsible for the absence of the provisions of Article III, paragraph 2, of the liability Convention.
2. Each Contracting State shall be required to give their courts required to hear any action against the Fund pursuant to paragraph 1.
3 competition. When before a competent court an action for damages is initiated for damages against an owner or his guarantor under the terms of Article IX of the Liability Convention, such court shall have exclusive jurisdiction to hear any claim for compensation or compensation filed against the Fund the same damages under articles 4 or 5 of this Convention. However if the claim for damages under the Liability Convention is brought before a court of a State which is a party to the Convention but not to this, any action against the Fund under Article 4 or 5, paragraph 1, it can be attempted to option of the plaintiff in a court of the State where the headquarters of the Fund is or before any court of a State Party to this Convention competent under Article IX of the liability Convention.
4. Each Contracting State shall take the necessary measures to enable the Fund to intervene as a party in any legal proceedings commenced in accordance with Article IX of the Liability Convention, against an owner or his guarantor before a competent court of that State.
5. Except contrary provisions contained in paragraph 6, the Fund shall not be bound by any agreement, or by any judgment or decision handed down in court proceedings which have not been part.
6. Notwithstanding paragraph 4, when before the competent court of a Contracting State has taken action against an owner or his guarantor for damages under the terms of the Liability Convention, any party to the conflict may, in accordance with the laws of the State concerned, notify such action to the Fund. If such notification has been made with the formalities required by the laws of the court considering the matter, and the Fund has had sufficient time to effectively intervene in the proceedings the judgment given by the court of final and executory for that State, it will be mandatory for the Fund in the sense that it can not question their motivations and conclusions, even if they did not take part in the proceedings.
Article 8. Subject to the allocation provisions of paragraph 5 of Article 4, any judgment given against the Fund by a competent court under Article 7, paragraphs 1 and 3, when it mandatory compliance and State of origin and is not there subject to no ordinary review procedure, enforceable in each Contracting State on the same conditions as are prescribed in Article X of the liability Convention.
1. Subject to the provisions of Article 5, and in relation to any amount of compensation for damage paid pursuant to Article 4, paragraph 1, of this Convention, the Fund shall all rights under the Liability Convention that relates to the indemnified victim against the owner or his guarantor.
2. Nothing in this Convention shall affect the right of recourse or subrogation of the Fund against persons other than those in the preceding paragraphs. In any case, the Fund shall have a right of subrogation against them as favorable as the insurer of the victim who has been paid compensation or compensation.
3. Without prejudice to any other rights of subrogation or recourse against the Fund, a Contracting State or agency of the State which has paid compensation for pollution damage under their national law, it acquires all rights by subrogation the victim will enjoy under this Convention.
1. Contributions to the Fund shall be paid, within the scope of each Contracting State by any person during the calendar year referred to in Article II, paragraph 1 as made initial contributions, and Article 12, paragraph 2 a) or b ) as regards annual contributions, has received in total 150,000 tons above amounts. of:
a) Contributing oil carried by sea to ports or terminal installations in the territory of that State, and
b) Contributing oil carried by sea and discharged in a port or terminal installation of a non-Contracting State, and subsequently taken to a facility located in a Contracting State, but only contributing oil shall be accounted for under this paragraph, upon first receipt in a Contracting State after its download the Contracting State.
2. a) For the purposes of paragraph 1 of this Article, when the total of the amounts received during a calendar year by a person in the territory of a Contracting State, together with the amounts received during the same year in that State by one or more associated exceed 150,000 tons. such person is obliged to pay contributions based on the amount actually received by it, even if not exceed 150,000 tons;
B) "Associate" means any subsidiary or entity under common control. The national law of the State concerned shall determine the persons included in this definition.
1. In the area of each Contracting State, the amount of initial contributions due by the persons referred to in Article 10 shall be calculated on the basis of a fixed amount per tonne of hydrocarbon taxable, received by it during the preceding calendar year the entry into force of this Convention in that State.
2. The amount referred to in paragraph 1 shall be fixed by the Assembly within two months of the entry into force of this Convention. As far as possible, the Assembly shall set that amount so that the total amount of initial contributions by contributing oil to reach 90 percent of seaborne, reaches 75 million francs.
3. Initial contributions shall be paid in that each Contracting State is concerned, in the course of following the entry into force of the Convention in that State three months.
1. To determine, if any, the amount of annual contributions due from each person referred to in Article 10, the Assembly, taking into account the need for sufficient liquidity, establish for each calendar year make an estimate in the form budget:
a) costs and expenses of administering the Fund in the relevant year and any deficit from operations in preceding years;
B) Payments to the Fund in the relevant year for the satisfaction claims based on Articles 4 and 5 to the extent that the total amount of compensation, including repayments on loans previously taken to fulfill those obligations does not exceed 15 million francs per claim;
C) Payments to the Fund in the relevant year for the satisfaction claims based on Articles 4 and 5, to the extent that the total amount of compensation, including repayments on loans previously taken for compliance with those obligations exceeding 15 million francs per claim.
a) surplus funds from operations in preceding years, including any interest that may have been perceived;
B) Initial contributions that are to be paid during the year concerned;
C) Annual contributions as far as necessary to balance the budget;
D) All other income.
2. The Assembly shall fix the amount of the annual contribution of each person referred to in Article 10. This amount shall be calculated within the scope of each Contracting State:
A) To the extent that it is designed to meet payments amount referred to in paragraph 1, i), a) and b) on the basis of a fixed amount per tonne of contributing oil received by such person in the State Contracting during the preceding calendar year, and
b) to the extent that it is designed to meet payments amounts referred to in paragraph 1, i), e) of this Article, on the basis of a fixed amount per tonne of oil subject to contribution received by such person during the calendar year preceding that in which the incident occurred, provided that State Party to the Convention on the date it took place.
3. The amounts mentioned in the preceding paragraph shall be calculated by dividing the total contributions required by the total amount of contributing oil received during the year in question in all Contracting States.
4. The Assembly shall decide the proportion of the annual contribution to be paid immediately in cash, as well as the date on which payment must be made. The remainder of the annual contribution due will be paid when the Director of the Fund so requires.
5. In the circumstances and conditions established by the Regulation, the Director may require a taxpayer to provide a financial guarantee for amounts due.
6. Any demand for payments based on paragraph 4, will be divided pro rata among all taxpayers.
1. All overdue contribution due under Article 12 will be recharged with an interest rate which will be established by the Assembly for each calendar year and may even set different rates depending on the circumstances.
2. Each Contracting State shall take appropriate that any contribution owed to the Fund under this Convention received oil is duly paid its territory; so it will take all appropriate legislative measures, including sanctions it deems necessary, so that these obligations are effectively complied with, provided that such measures apply only to the obligation to contribute to the Fund people.
3. When a person under the provisions of Articles 10 and 11 are called off contribution does not comply in whole or in part with its obligation and late payment exceeding three months, the Director shall, on behalf of the Fund, all appropriate measures against this person to collect the amount owed measures. However, if the taxpayer is discovered it is manifestly insolvent or if circumstances warrant, the Assembly may, upon recommendation of the Director, waive any action against him.
1. Any Contracting State may, when depositing its instrument of ratification or accession or at any subsequent circumstances, declare that it assumes the obligations under the terms of this Agreement incumbent upon those called for in Article 10, paragraph 1, to contribute to background hydrocarbons which received in the territory of that State. Such statement shall be in writing and specifying the obligations assumed.
2. If the declaration under paragraph 1 is, in accordance with Article 40, before the entry into force of this Agreement shall be dirigid the Secretary General of the Organization, who in turn inform the Director following the entry into force the Convention.
3. Any declaration made under paragraph 1 after the entry into force of this Convention shall be addressed to the Director.
4. Any State which has made a declaration under the provisions of this article may be withdrawn by written notification to the Director. The notification shall enter into force three months after being received by this.
5. Any State which has committed the declaration under this Article, is forced to resign in legal proceedings against him are exercised before a competent court, the immunity of jurisdiction could be invoked in relation to the obligations assumed by that declaration.
1. Each Contracting State shall ensure that any obligation to contribute to the Fund to receive in its territory subject to contribution hydrocarbons in excess of the minimum amounts designated person on a list to be kept up to date by the Director in accordance with the following provisions.
2. For the purposes of paragraph 1, each Contracting State shall communicate in writing to the Director in the manner and on the date to be fixed by the Reglarnento the Fund, the name and address of persons subject in that State to taxation under Article 10 as well as data concerning the quantities of oil received by such person during the preceding calendar year.
3. The list will raw faith facie liable persons in a particular to contribute under Article 10, paragraph 1 point, and, where appropriate, of the quantities of oil on the basis of which it had fixed the amount of their contributions .
ORGANIZATION AND ADMINISTRATION
ARTICLE 16. The Fund shall consist of an Assembly, a Secretariat headed by a Director and under the terms of Article 21 by an Executive Committee. ASSEMBLY
ARTICLE 17. The Assembly shall consist of all Contracting States.
ARTICLE 18. Subject to Article 26, will be functions of the Assembly:
1. Choose at each regular session a President and dosVicepresidentes, who will serve until the next period.
2. Adopt its own rules of procedure as it is not covered by the provisions of this Agreement.
3. Approving the Fund's regulations, necessary for smooth operation.
4. Appoint the Director; provide for the appointment of staff deemed necessary, and determine the conditions of employment of the Director and other staff.
5. Approve the annual budget and fix the annual contributions.
6. To appoint auditors and approve the accounts of the Fund.
7. Satisfy claims against the Fund; decide between the various claimants the distribution of the quantities available to compensate damage according to Article 4 paragraph 5; and establish the conditions for making interim payments, so that victims are compensated for as quickly as possible.
8. Choose among the members of the Assembly to the Executive Committee in accordance with Articles 21, 22 and 23.
9. Create those subsidiaries, permanent or temporary organs as it deems necessary.
10. Authorize States outside the Convention and international intergovernmental or non-governmental organizations, to participate, without vote, in the sessions of the Assembly, the Executive Committee or of the subsidiary bodies.
11. Give the Director, the Executive Committee and subsidiary bodies instructions related to the management of the Fund.
12. Review and approve the reports and activities of the Executive Committee.
13. Monitor the effective implementation of the provisions of the Convention and its own decisions.
14. Fulfill any other functions under the terms of this Convention within its competence or deemed appropriate for the proper operation of the Fund.
1. A convocation by the Director, the Assembly shall meet in regular session once a year; however, in the event that the Assembly had delegated to the Executive Committee the functions provided for in paragraph 5, only hold regular meetings every two years Article 18.
2. A convocation by the Director, the Assembly shall meet in special session when requested by the Executive Committee or at least one third of the members of the Assembly. It may further be convened at the initiative of the Director after consultation with the President of the Assembly. Members will be informed of these meetings by the Director at least thirty days in advance.
ARTICLE 20. Most members of the Assembly is quóum necessary for its meetings.
THE EXECUTIVE COMMITTEE
ARTICLE 21. The Executive Committee shall be constituted at the first regular session of the Assembly following the date on which fifteen States have become part of this Agreement.
ARTICLE 22. The Executive Committee is the third of the members of the Assembly compound, this figure can not be less than seven or more than fifteen. When the number of members of the Assembly is not divisible by three, it said third will be calculated from the next higher multiple of three.
2. In electing the members of the Executive Committee, the Assembly:
a) ensure equitable geographical distribution of seats in the Committee, based on adequate representation of States Parties to the Convention are particularly exposed to the risks of oil pollution , and those States Parties to the Convention that have large fleets of oil tankers, and
B) elect half the members of the Committee, or if the total members to choose is odd, equivalent to half the total number of members minus one number among the States Parties to the Convention in whose territories have received during the preceding calendar year, the highest amounts of hydrocarbons to be considered under Article 10, it being understood that the number of eligible States under the terms of this paragraph shall imitate as follows: Total number memberresources of
ComitéNúmero States eligible under paragraph b) Number of States to choose under paragraph b)
753 864 964
1396 | 14117 ||
15117 3. A member of the Assembly eligible but not elected under the provisions of paragraph b) may not be submitted to the election of the other seats on the Executive Committee.
1. Members of the Executive Committee shall hold office until the close of the next ordinary session of the Assembly.
2. No State of the Assembly may be elected to the Executive Committee for more than two consecutive terms, except in compliance with Article 22.
1. The Executive Committee shall meet once a year at least, convened thirty days in advance by the Director on its own initiative or at the request of the President or at least one third of its members. It meets where deemed appropriate.
ARTICLE 25. The presence of two thirds of the Executive Committee shall constitute a quorum for its meetings.
1. The functions of the Executive Committee:
a) to elect its Chairman and adopt for all those issues are not the subject of specific provisions of the Convention, its own rules of procedure;
B) To assume and exercise in place of the Assembly the following functions:
i) To make rules for the appointment of necessary personnel, except the Director and determine the terms of employment of such personnel;
Ii) To satisfy the claims against the Fund for this purpose and take all other necessary measures provided for in Article 18, paragraph 7;
Iii) To instruct the Director for the smooth running of the administration of the Fund and ensure that it effectively implement the Convention, decisions of the Assembly and the Committee's own decisions;
C) To fulfill any other mission entrusted to it by the Assembly.
2. The Executive Committee shall prepare and publish an annual report on the activities of the Fund during the preceding year.
ARTICLE 27. Members of the Assembly who are not part of the Executive Committee may attend its meetings as observers. SECRETARY
1. The Secretariat shall consist of a Director and the necessary staff to manage the Fund.
1. The Director shall be the most senior officer of the Fund. Subject to the instructions given by the Assembly and the Executive Committee shall exercise the functions that give the Convention, the Internal Regulations and few assigned by the Assembly and the Executive Committee.
2. It is incumbent in particular:
a) Appoint the need for administration of Fund;
B) take all appropriate measures for the proper administration of the capital of the Fund measures;
C) collect the contributions due under this Convention, meeting in particular the provisions of Article 13, paragraph 3;
D) use the services of legal experts, financial or other, to the extent they are necessary to resolve the claims against the Fund and perform other functions thereof;
E) Within the limits and conditions to be set by the Regulation, to take whatever measures are necessary to meet claims against the Fund, including demands definitive arrangements without prior authorization of the Assembly or the Executive Committee when the Regulation so provides;
F) Prepare and submit to the Assembly or the Executive Committee, as appropriate, the accounts and budgets of each year;
G) To assist the Executive Committee in the preparation of the report, paragraph 2 of Article 26;
H) Collecting, prepare and circulate the papers, documents, agenda, minutes and information that were necessary for the functioning of the Assembly, the Executive Committee and subsidiary organs.
ARTICLE 30. Neither the director nor his staff may, in the exercise of their duties, seek or accept instructions from any government or any authority external to the Fund. They shall refrain from any action incompatible with their position as international officials. Each Contracting State shall respect for its part the exclusively international character of the responsibilities of the Director, the appointed staff and experts appointed by him, and not try to influence them in the performance of its mission. FINANCE
1. Each State Party to the Convention shall pay the salary, travel and other expenses of its delegation to the Assembly, as well as their representatives on the Executive Committee and the subsidiary bodies.
2. All other expenses for operation of the Fund shall be borne by it.
ARTICLE 32. The voting of the Assembly and the Executive Committee shall be governed by the following provisions:
a) Each member shall have one vote;
B) Subject to the provisions to the contrary in Article 33, decisions of the Assembly and the Executive Committee shall be taken by majority vote of members present and voting;
C) When three-fourths majority or two-thirds is required, decisions shall be taken by the respective majority of members present;
D) For the purposes of this article, "members present" who are in session at the time of the vote will be considered. The phrase "members present and voting" means members present and casting their vote in the affirmative or negative. Members who abstain shall be considered as not voting.
1. They will be adopted by majority of three quarters the following decisions of the Assembly:
a) Increase the maximum amount of compensation payable by the Fund, according to the provisions of Article 4, paragraph 6;
B) The refers to the replacement of the instruments mentioned therein in accordance with the provisions of Article 5, paragraph 4;
C) Allocation to the Executive Committee of the tasks set out in paragraph 5. Article 18
2. They shall be adopted by two-thirds majority the following decisions of the Assembly:
a) The it relates to the provisions of Article 13, paragraph 3, to waive legal action against a contributor;
B) Appointment of the Director of the Fund pursuant to the provisions of Article 18, paragraph 4;
C) Establishment of subsidiary bodies under Article 18, paragraph 9.
1. The Fund, its capital, its benefits, including contributions and other property shall be exempt from taxation in the territory of the Contracting States.
2. If the Fund bought important movable or immovable property, or counted in the exercise of its official activities important provision of services taxed by indirect taxes or taxes on sales, the Governments of the States Parties shall, to the extent possible, any provisions deem appropriate for the remission or refund of such taxes.
3. It is not considered any exemption from taxes, levies or duties that constitute mere remuneration for public utility services.
4. The Fund shall be exempt from all customs duties, tax or other similar taxes on those imported or exported for official use by itself or on behalf of objects. The imported objects and will not be transferred to consideration or in the country in which they were imported except under conditions agreed with the Government.
5. People who contribute to the Fund and victims and owners receiving compensation thereof, shall be subject to the tax laws of the State of which they are taxpayers, without which this Convention gives them special exemption or other tax benefit.
6. The information on each taxpayer provided for the purposes of this Convention shall not be disclosable, except when it is absolutely necessary to enable the Fund to fulfill its functions mainly as a plaintiff or defense in a court action.
7. Whatever the current or future legislation on exchange control or capital transfers, Contracting States shall authorize without restriction, few transfers and payment of contributions to the Fund and any compensation paid by it. TRANSITIONAL PROVISIONS
1. The Fund will not incur any obligations for claims under Articles 4 and 5 to one hundred and twenty days after the entry into force of this Agreement.
2. Claims for compensation under Article 4 and compensation claims Article 5 claims occurred between one hundred and twenty days and two hundred and forty days after the entry into force of this Agreement shall not be submitted to the Fund until expiry of the deadline mentioned .
ARTICLE 36. The Secretary General of the Organization shall convene the Assembly at its first session. These sessions will be held as soon as possible, and in any case not later than thirty days from the entry n force of this Convention. FINAL PROVISIONS
1. this Convention for signature by States which have signed or acceded to the Liability Convention and all States present at the International Conference of 1971 on the Establishment of an International Fund for Compensation for Damage opens oil pollution. The Agreement shall remain open for signature until 31 December 1972.
2. Subject to the provisions of paragraph 4, this Convention shall be ratified, accepted or approved by States which have signed it.
3. Subject to the provisions of paragraph 4, states that have not signed this Convention may adhere to it.
4. Only states that have ratified, accepted or approved the Liability Convention or acceded subsequent thereto, may ratify, accept or approve this Convention or accede to it.
1. ratification, acceptance, approval or accession shall be effected by the deposit of an instrument in good and due form with the Secretary General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention applicable to all its members, or after completion of all formalities required for the entry into force of amendments by these States, shall considered applicable to modified by the amendment Convention.
ARTICLE 39. Prior to the entry into force of this Convention, each State, when depositing the instrument of acceptance provided for in paragraph 1 item 38 and then annually on a date designated by the Secretary General of the Organization, communicate to it the name and address of persons in the area of that state they are obliged to contribute to the Fund under Article 10, and few data are required on the quantities of hydrocarbons subject to contribution received by them in their territory during the previous year.
1. This Agreement shall enter into force ninety days from the date have been fulfilled the following conditions:
a) at least eight States have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General of the Organization, and
b) that the Secretary General of the Organization has been informed in accordance with Article 39, which required these states to contribute to the Fund under Article 10 persons have received during the preceding year so least 750 million tons of contributing oil.
2. However, this Convention shall not enter into force before the entry into force of the Convention of responsibility.
3. For each of the States which ratify, accept, approve or accede to it subsequently, the Convention shall enter into force on the ninetieth day after the deposit by that State of the instrument.
1. This Agreement may be denounced by any Contracting State at any time from the date of its entry into force in that State.
2. Denunciation shall be effected by the deposit of an instrument with the Secretary General of the Organization.
3. Denunciation shall take effect a year after the deposit of the instrument with the Secretary General of the Organization, or the expiration of such longer period as may be specified in the instrument.
4. Any denunciation of the Liability Convention is a denunciation of this Convention. This will take effect from the date on which it has the denunciation of responsibility, in accordance with paragraph 3 of Article XVI of that Convention.
5. However the claim that a Contracting State may make under this article, the provisions of the Convention relating to the obligation to contribute under Article 10 for a casualty in the conditions provided for in Article 12, paragraph 2 b) prior to the denunciation becomes effective, will continue to apply.
1. Any Contracting State may, within ninety days after being deposited an instrument of resignation in his opinion involves a considerable increase in the contributions of the other Contracting States, request the Director to convene the Assembly in extraordinary sessions. The Director shall convene the Assembly within the date of receipt of the request sixty days.
2. The Director may on its own initiative to the Assembly convene special sessions within sixty days after the deposit of an instrument of denunciation that in his opinion involves a considerable increase in the contributions of the other Contracting States.
3. If in the course of the extraordinary meetings held in accordance with paragraphs 1 or 2, the Assembly decides that the denunciation will mean a considerable increase in the contributions of the other Contracting States may these in the course of one hundred and twenty days before the entry into force of the complaint, denounce this Convention time. Both complaints take effect from the same date.
1. This Convention shall cease to have effect if the number of Contracting States might become less than three.
2. Contracting States bound by this Convention the day before it ceases to have effect, take all necessary measures to enable the Fund to carry out its functions under Article 44, and that purpose only, will continue linked to this Agreement.
1. In the event that this Convention ceases to have effect, the Fund:
a) should assume all obligations arising from an incident occurring before the Convention has ceased to be in force;
B) may claim the contributions due to the extent they are necessary to meet the obligations laid down in paragraph a), including administrative expenses necessary for this purpose.
2. The Assembly shall take appropriate measures to carry out the liquidation of the Fund, including the equitable distribution of their capital and their property among people who have contributed to the measures.
3. For the purposes of this Article, the Fund will maintain its legal personality.
1. The Organization may convene a conference intended to revise or amend this Agreement.
2. The organization convene a conference of the Contracting States to revise or amend this Agreement if requested by at least one third of all Contracting States.
1. This Agreement shall be deposited with the Secretary General of the Organization.
2. The Secretary General of the Organization:
a) inform all States which have signed the Convention or acceded thereto;
I) of any new deposit or signing new instrument and the date on which such signature has taken place or the deposit;
Ii) the date of entry into force of the Convention;
Iii) of any denunciation of the Convention as well as of the date of taking effect;
B) transmit certified copies of this Convention to all signatory States of it and all States to adhere to it.
ARTICLE 47. Upon entry into force of this Convention, the Secretary General of the Organization shall transmit to the Secretary of the United Nations, a certficada copy for registration and publication in accordance with Article 102 of the Charter of Nations You together.
ARTICLE 48. This Convention extends in a single copy in English and French languages, both texts being equally authentic. The Secretary of the Organization shall prepare official translations into Russian and Spanish languages, to be deposited with the duly signed original copy.
In witness whereof the undersigned plenipotentiaries,
duly authorized, have signed the present Convention.
Done at Brussels, 18 December 1971.
Editor's note: have not been included signatures.
RESOLUTION OF THE CONFERENCE.
States represented at the Conference on the Establishment of an International Fund for Compensation for damage caused by oil pollution.
Having adopted the International Convention on the Establishment of the fund,
aware that, before the Convention enters into force for some time and then it will be necessary to take certain administrative and organizational measures in order to ensure that from the date entry into force of the Agreement, the Fund can function properly without prejudging the location of the headquarters of the Fund,
They pray that the Intergovernmental Maritime Consultative Organization, understood that all expenses incurred will be reimbursed by the Fund, please do:
1. Request the Secretary-General of IMCO to convene, in accordance with Article 36 of the Convention, in effect making the necessary preparation, the first session of the Assembly of the Fund.
2. Provide all necessary assistance for the organization of the Fund.
3. Provide accommodation and ancillary services, as appropriate.
4. Provide temporary assistance as necessary.
PROTOCOL FOR THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION CAUSED BY OIL POLLUTION, 1971.
The Parties to this Protocol,
Considering the study have made the International Convention on the Establishment of an International Fund for Compensation for Damage Caused by Oil Pollution, done at Brussels on 17 December 1971, HAVE AGREED
ARTICLE I. For the purposes of this Protocol:
1. "Convention" means the International Convention on the Establishment of an International Fund for Compensation for Damage Caused by Oil Pollution, 1971.
2. The term "Liability Convention" shall have the meaning given to it in the Convention.
3. In "Organization" shall have the meaning given to it in the Convention.
4. "Secretary General" means the Secretary General of the Organization.
ARTICLE II. paragraph 4 of Article 1 of the Convention is replaced by the following:
By "unit of account" or "monetary unit" means the unit of account or monetary unit, as appropriate, referred to in Article V of the liability Convention, as amended by the Protocol adopted on 19 November 1976.