1996 ACT 257
Official Journal No. 42,692 of 18 January 1996
622 2006 >
By means of which the "International Convention of the Constitution of an International Fund for Damages Caused by the Pollution of Hydrocarbons" is approved, signed in Brussels on 18 December 1971 and its Amending Protocol of 19 November 1976.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "International Convention on the Constitution of an International Fund for the Damage of Hydrocarbons Caused by the Pollution of Hydrocarbons", signed in Brussels on 18 December 1971 and its Amending Protocol of 19 November 1976.
Conference on the Constitution of a Fund
Caused Damage Compensation International
for the Pollution of Hydrocarbons, 1971.
A FUND ' S INTERNATIONAL CONSTITUTION CONVENTION
DAMAGES COMPENSATION INTERNATIONAL
FOR HYDROCARBON CONTAMINATION AND
INTERGOVERNMENTAL MARITIME ADVISORY ORGANIZATION, LONDON.
certified copy of the
official translation in Spanish.
By the Secretary General of the Organization
Intergovernmental Maritime Consultative.
International Convention on the Constitution of a Fund
Caused Damage Compensation International
for the Pollution of Hydrocarbons.
(Complementary to the International Convention on Civil Liability for Damage caused by the Pollution of Hydrocarbons of 1969).
States Parties to this Convention,
Being also a member of the International Convention on Civil Liability for Oil Pollution Damage, adopted in Brussels on November 29, 1969,
Aware of the dangers of pollution created by the international shipping of hydrocarbons in bulk,
Convinced of the need to ensure adequate compensation for victims of pollution damage caused by oil spills or discharges from ships,
Whereas the International Convention of 29 November 1969 on civil liability for damage caused by oil pollution constitutes a significant step forward in establishing a system of compensation for the damages produced in the Contracting States for the contamination, as well as for the costs of those preventive measures taken anywhere to prevent or limit such damage,
Whereas this scheme, which involves a supplementary financial obligation for the owner, does not, however, provide full compensation for victims of oil pollution damage in all cases,
Whereas, moreover, the economic consequences of the damage caused by spills or discharges of hydrocarbons transported in bulk by sea should not be borne exclusively by the shipping industry, but also by the interests of the shipping industry. the load,
Convinced of the need to create a system of compensation and compensation that complements the one established by the International Convention on Civil Liability for Damages Caused by Pollution of Hydrocarbons to Ensure a Full compensation to victims of pollution damage and at the same time exonerate the owner of the supplementary financial obligations imposed on him by the said Convention,
Taking into account the Resolution on the establishment of an international fund for damages caused by oil pollution, adopted on 29 November 1969 by the International Legal Conference on damages caused by pollution of the waters of the sea,
They come in:
ARTICLE 1o. 622 of 2006 > For the purposes of this Convention:
1. The expression 'Convention of Liability' refers to the International Convention on Civil Liability for Damage caused by the Pollution of Hydrocarbons adopted in Brussels on 29 November 1969.
2. The expressions "ship", "person", "owner", "hydrocarbons", "pollution damage", "preventive measures", "sinister" and "organisation", have the same meaning as they are given in Article 1 of the Convention of Liability, However, for the purposes of these terms, the notion of 'hydrocarbons' is limited to persistent mineral hydrocarbons.
3. 'Hydrocarbons subject to contribution' means 'crude oil' and 'fuel oil', as defined in paragraphs (a) and (b) below:
(a) "Crude oil" means any liquid mixture of natural hydrocarbons from the subsoil, treated or not to facilitate its transport. This includes the crude oils which have been removed from certain distillation fractions (sometimes called 'raw raw') or to which certain fractions of distillation have been added (also known as crude oil). "unheaded" or "reconstituted");
b) "fuel oil" means heavy distillates or crude oil residues or mixtures of these products intended to be used as fuel for the production of heat or energy, of a quality equivalent to the specifications of the "American Society for Testing Materials Specification for Fuel-Oil Number 4". (Designation D 396-69) or higher.
4. 'franc' means the unit referred to in paragraph 9 of Article V of the Convention of Liability.
5. 'vessel tonnage' means the meaning of Article V (10) of the Convention of Liability.
6. Per tonne, applied to hydrocarbons, metric tonnes are understood.
7. 'guarantor' means any person providing insurance or other financial security to cover the liability of the owner as laid down in Article VII (1) of the Convention of Liability.
8. The term "terminal installation" refers to any place of storage of hydrocarbons in bulk that allows to receive those transported by sea, including any installation located at sea and connected to that place.
9. When a casualty consists of a succession of events, the date of the first occurrence shall be considered as the date of the accident.
ARTICLE 2o. 622 of 2006 >
1. This Convention constitutes an International Fund for Damages Caused by the Pollution of Hydrocarbons, hereinafter referred to as "the Fund". They are the purposes of the Fund:
(a) Compensation for victims of pollution damage to the extent that the protection provided for in the Convention of Liability is insufficient;
(b) Exonering the owners of the supplementary financial obligations arising out of the Convention of Liability for them under the conditions set out in order to ensure compliance with the Convention on the Safety of Human Life in the Sea and other Conventions;
(c) Achieve the related objectives set out in this Convention.
2. Each Contracting State shall recognize the legal personality Fund capable of assuming, under its legislation, rights and obligations, as well as being a party to any action taken before the courts of that State. Each Contracting State shall recognise the Director of the Fund (hereinafter referred to as "the Fund Director") as the legal representative of the Fund.
ARTICLE 3o. 622 of 2006 >This Convention extends:
1. As regards the compensation provided for in Article 4, only damage caused by pollution in the territory or territorial sea of a Contracting State, as well as to those measures taken for prevent or limit such damage.
2. As regards compensation to the owners and their guarantor provided for in Article 5, only damage caused by pollution in the territory or territorial sea of a State Party to the Convention responsibility for a ship registered or flying the flag of a Contracting State, and for measures to prevent or limit such damage.
COMPENSATION AND COMPENSATION.
ARTICLE 4o. 622 of 2006 >
1. For the purposes set out in paragraph 1 (a) of Article 2, the Fund shall indemnify any victim of pollution damage to the extent that it has not obtained full and adequate compensation under the assumptions referred to in the Liability Convention:
(a) For not providing for the Convention of responsibility for the damage in question;
(b) Because the owner responsible for the damage under the Liability Convention is unable for financial reasons to give full compliance to his obligations and the financial guarantee provided for in Article VII of that Convention does not include or does not fully satisfy the compensation claims raised; an owner is considered unable for financial reasons to comply with his obligations and the financial guarantee is considered insufficient, when the victim, after taken all reasonable steps to exercise the legal remedies available to them, was able to obtain in full the amount of compensation owed to it under the Liability Convention;
c) Because the damage exceeds the limits of the owner's liability as set out in Article V, paragraph 1, of the Convention of Liability, or in the terms of any other international Convention in force or opened for signature, ratification or accession on the date of this Convention.
For the purposes of this Article, the costs or sacrifices reasonably incurred by the owner voluntarily to prevent or reduce pollution are considered to be pollution damage.
2. The Fund shall be exempt from any obligation laid down in the terms of the preceding paragraph, if
(a) Proof that the damage is a consequence of war, of hostilities of civil war or of insurrection, or was caused by a spill or discharge of hydrocarbons from a ship of war or some other ship belonging to a State or exploited by it, and exclusively affected, at the time of the disaster, a non-commercial service of the Government;
b) The claimant cannot demonstrate that the damage is a consequence of the casualty of one or more ships.
3. If the Fund proves that the damage has been caused, in whole or in part, by having acted or ceased to act the victim with intentional intent or by the negligence of the victim, it can be exonerated of indemnifying all or part of its obligations, with derogation from those preventive measures under paragraph 1. In any event, the Fund shall be exonerated to the extent that the owner has been able to do so pursuant to Article III, paragraph 3 of the Liability Convention.
4. (a) Except as provided for in paragraph (b) of this heading, the total amount of compensation payable by the Fund for each claim added to the compensation paid under the Convention of Liability for Damage to the Territory of the States Contractors, including any compensation due from 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 that the Fund shall pay under this Article for damages resulting from an unavoidable and uncontrollable natural phenomenon shall not exceed 450 million francs.
5. If the amount of claims against the Fund exceeds the total amount of compensation due to the Fund under paragraph 4, the available figure shall be distributed in such a way that the ratio between each claim and the actual sum of the claims compensation received under the terms of the Convention of Liability and of this Convention is equal for all applicants.
6. The Assembly of the Fund (hereinafter referred to as 'the Assembly') may, in the light of the experience acquired by previous claims, and in particular the amount of the damage resulting, as well as the fluctuations of the money market, amend the amount of 450 million francs referred to 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 450 million francs. The new limit shall apply to claims occurring after the date on which the decision to amend the initial quantity has been taken.
7. When requested by a Contracting State, the Fund shall make available the necessary services to assist in obtaining without delay the personnel, material and means required to prevent or mitigate those damages for which it is necessary to request of the Fund indemnities under this Convention.
8. Under the conditions to be laid down in the Regulation, the Fund may provide appropriations to enable preventive measures to be taken against damage resulting from a disaster which may be requested from the Fund for compensation under the Present Convention.
ARTICLE 5o. 622 of 2006 >
1. For the purposes set out in paragraph 1 (b) of Article 2of this Convention, the Fund shall compensate the owners and their guarantor for the portion of the total limit of their liability to it obliges them to the Convention of Liability, which:
a) Exceed 1,500 francs per tonne of the ship, or the amount of 125 million francs if it is less, and
(b) Do not exceed 2.00 francs per tonne of the vessel, or of an amount of 210 million francs if it is less, provided that the Fund is exonerated from any obligation arising from this paragraph, if the damage is a consequence of the failure intended for the owner himself.
2. Under the conditions to be determined by the fund's rules of procedure, the Assembly may authorize the assembly to assume the obligations of those vessels referred to in paragraph 2 of Article 3for the portion of the vessel. liability referred to in paragraph 1 of this Article. However, the Fund shall assume these obligations only at the request of the owner, and provided that the owner has subscribed to insurance or other financial guarantee covering the part of his/her liability arising from the liability Convention up to an amount equivalent to 1,500 francs per tonne of ship tonnage or 125 million francs, if this amount were lower. Where the Fund assumes these obligations, it shall be considered in each of the Contracting States that the owner has complied with the provisions of Article VII of the Convention of Liability in that part of his/her responsibility. mentioned above.
3. The Fund shall be partially or wholly exonerated from the obligations towards the owners and their guarantor under paragraphs 1 and 2 of this Article, where it can demonstrate that, due to the owner's fault or negligence:
(a) The ship from which the oil was spilled causing the damage would not have complied with the requirements of:
(i) The International Convention for the Prevention of Pollution of the Sea by Hydrocarbons of 1954, as amended in 1962; or in
ii) The International Convention for the Safety of Human Life in the Sea of 1960; or in
iii) The International Convention on Load Lines of 1966; or in
iv) The International Regulations to Prevent Approaches in the Sea of 1960; or in
v) Amendments to the above conventions which have been declared important in accordance with Article XV15. the Convention referred to in point (i), Article IX (e) of the Convention referred to in paragraph (i) or Article 29.32 (d) or 4. (d) of the Convention referred to in paragraph iiiI), provided that these amendments have been in force for the 12 months preceding the date of the accident, and
b) The claim was a consequence of all or part of the failure to comply with these provisions.
The provisions of this paragraph shall apply even if the flag State or the registration of the vessel is not part of the instrument concerned.
4. Where a new convention to replace one or more of the instruments referred to in the preceding paragraph enters into force, the Assembly shall stipulate at least six months in advance of the date on which the new Convention shall replace partially for the purposes of that paragraph the instrument in question. However, any State Party to this Convention may, before that date, notify the Director of the Fund that it does not accept the replacement; in such cases, the decision of the Assembly shall be without effect for the vessels registered or registered as such. State at the time of the disaster. The notification can be withdrawn at any later time, and in any event would no longer have an effect on the State in question to the new Convention.
5. If a vessel meets the conditions laid down in an amendment to one of the instruments referred to in paragraph 3 or a new convention where such an amendment or convention is intended to replace the instrument in whole or in part, consider for the purposes of applying paragraph 3, that the vessel has complied with the requirements of the instrument.
6. Where the Fund as a guarantor under the terms of paragraph 2 has indemnified damages in accordance with the provisions of the Convention of Liability, it may appeal against the owner to the extent that it has been exonerated by the Paragraph 3 of the obligations incumbent upon him in accordance with paragraph 1.
7. For the purposes of this Article, the costs and the reasonable and voluntary sacrifices by the owner to avoid or limit a contamination shall be considered to be covered by his/her responsibility.
ARTICLE 6o. 622 of 2006 >
1. The right to compensation referred to in Article 4 or to the compensation referred to in Article 5shall expire at three years of the damage if previously not have initiated judicial action in application of those articles, or the notification provided for in paragraph 6 of Article 7has not been made. In any event, no court action may be sought after a period of six years from the date of the accident.
2. Notwithstanding the provisions of the preceding paragraph, the right of the owner or his guarantor to claim compensation from the Fund under the terms of Article 5, paragraph 1, shall in no case be extinguished before the six months from the date on which they have become aware of the legal action initiated against them under the Convention of Liability.
ARTICLE 7o. 622 of 2006 >
1. Subject to the following provisions of this article, any claim for compensation or compensation against the Fund initiated on the basis of Articles 4 and 5 respectively of This Convention shall be filed only with the competent jurisdictions referred to in Article IX of the Convention of Liability for Judicial Actions against Landlords responsible for damages resulting from a disaster or which have been in the absence of the provisions of Article III, paragraph 2, of the Convention of Liability.
2. Each Contracting State shall be obliged to give its courts the necessary jurisdiction to hear any action against the Fund provided for in paragraph 1.
3. Where an action for damages against an owner or his guarantor under Article IX of the Convention of Liability is initiated before a competent court, the court shall be the sole competent authority to hear any claim for damages. compensation or compensation filed against the Fund for the same damages under Articles 4 or 5 of this Convention. However, if the claim for damages provided for in the Convention of Liability is initiated before the court of a State which is a Party to that Convention but not of the present, any action against the Fund provided for in Article 4 or 5, paragraph 1, may be attempted at the request of the plaintiff before a court of the State where the principal place of the Fund is located or in any court of a State Party of this Convention which is competent in accordance with Article IX of the Convention of Liability.
4. Each Contracting State shall take the necessary measures to enable the Fund to intervene in any judicial proceedings initiated pursuant to Article IX of the Convention of Liability against an owner or his guarantor. a competent court of that State.
5. Except as otherwise provided for in paragraph 6, the Fund shall not be bound by any agreement or by any judgment or decision in a judicial proceeding to which it has not been a party.
6. Without prejudice to the provisions of paragraph 4, where an action against an owner or his guarantor has been initiated before the competent court of a Contracting State in respect of the terms of the Convention of Liability, any of the Parties to the conflict may, in accordance with the laws of the State concerned, notify the Fund of such action. If such notification has been carried out with the formalities required by the law of the court dealing with the case, and the Fund has provided sufficient time to be able to intervene effectively in the proceedings the court ruling with definitive and enforceable status for that State shall be binding on the Fund, in the sense that the Fund may not call into question its motivations and conclusions, even if it has not taken part in the procedure.
ARTICLE 8o. 622 of 2006 >Subject to the distribution provided for in paragraph 5 of Article 4, any judgment against the Fund by a court competent under the article 7, paragraphs 1 and 3, where mandatory compliance in and State of origin and is not there subject to any ordinary review procedure, shall be enforceable in each Contracting State in the same way the conditions laid down in Article X of the Convention of Liability.
ARTICLE 9o. 622 of 2006 >
1. Subject to the provisions of Article 5, and in respect of any amount of damages payable pursuant to paragraph 1 of Article 4of this Convention, the Fund All rights which, under the Convention of Liability, were the subject of compensation against the owner or his guarantor, shall be acquired by subrogation.
2. No provision of this Convention may affect the right of appeal or the right to subrogation of the Fund against persons not covered by the preceding paragraphs. In any event, the Fund shall enjoy a right of subrogation against them as favourable as that of the insurer of the victim to whom the compensation or compensation has been paid.
3. Without prejudice to any other possible rights of subrogation or appeal against the Fund, a Contracting State or an agency of that State which has paid compensation for pollution damage under its national law, acquires by subrogation all the rights that the victim will enjoy under this Convention.
ARTICLE 10. 622 of 2006 >
1. Contributions to the Fund shall be paid, in the field of each Contracting State, by any person who during the calendar year referred to in Article II, paragraph 1, for the initial contributions, and in Article 12, paragraph 2 (a) or (b) as regards annual contributions, has received in total amounts greater than 150,000 tons. from:
(a) Hydrocarbons subject to contribution, transported by sea to the ports or terminal facilities located in the territory of that State, and
(b) Hydrocarbons subject to contribution, transported by sea, unloaded at a port or terminal facility of a non-Contracting State, and subsequently taken to a facility located in a Contracting State, if only shall account for the hydrocarbons subject to contribution under this paragraph at the time of their first reception in the Contracting State following their discharge in the non-Contracting State.
2. (a) For the purposes of paragraph 1 of this Article, where the total of the quantities received during a calendar year by a person in the territory of a Contracting State, in addition to the quantities received during the same year in that State by one or multiple associates exceed 150,000 tons. that person shall be obliged to pay a contribution on the basis of the amount actually received by the person, even if the 150,000 tonnes were not exceeded;
b) By "associate" means any subsidiary or entity under common control. The national legislation of the State concerned shall determine the persons covered by this definition.
ARTICLE 11. 622, 2006 >
1. In the field of each Contracting State, the amount of initial contributions due by the persons referred to in Article 10shall be calculated on the basis of a fixed amount per tonne of hydrocarbon. subject to contribution, received by her during the calendar year preceding the entry into force of this Convention in that State.
2. The quantity 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 endeavour to fix such a quantity so that the total sum of initial contributions for hydrocarbons subject to the contribution of 90% of those transported by sea reaches 75 million francs.
3. The initial contributions shall be paid in respect of each Contracting State in the course of the three months following the entry into force of the Convention in that State.
ARTICLE 12. 622, 2006 >
1. To determine, if any, the amount of annual contributions due by each person referred to in Article 10, the Assembly, taking into account the need to have sufficient liquidity, shall establish for each calendar year a calculation in the form of a budget of:
(a) Costs and administration expenses of the Fund planned for the year in question and to cover any shortfall resulting from the operations of previous years;
b) Payments that the Fund will pay during the year considered to meet claims on the basis of items 4 and 5 to the extent that the total amount of compensation, including the repayment of loans previously obtained for the fulfilment of those obligations does not exceed 15 million francs per claim;
c) Payments that the Fund will pay during the year considered to meet claims based on items 4 and 5, to the extent that the total amount of compensation, including the repayment of loans previously obtained for the fulfilment of those obligations, exceeds the 15 million francs per claim.
(a) Surplus resulting from the operations of the preceding years, including any interest that may have been perceived;
(b) Initial contributions to be paid during the year in question;
c) Annual contributions as needed to balance the budget;
d) All other income.
2. The amount of the annual contribution of each person referred to in Article 10shall be fixed by the Assembly. This amount shall be calculated at the level of each Contracting State:
(a) To the extent that is intended to satisfy payments provided for in paragraph 1 (i), (a) and (b) on the basis of a fixed quantity per tonne of hydrocarbons subject to the contribution received by that person in the Contracting State during the preceding calendar year, and
(b) To the extent that the amounts concerned are intended to satisfy the payments provided for in paragraph 1 (i), (e) of this Article, on the basis of a fixed amount per tonne of hydrocarbons subject to contribution, received by that person during the calendar year preceding the year in which the accident occurred, provided that the State is a Party to the Convention on the date on which it took place.
3. The quantities referred to in the preceding subparagraph shall be calculated by dividing the total of the contributions provided for by the total of the hydrocarbons subject to the contribution received during the year in question in all the Contracting States.
4. The Assembly shall decide on the proportion of the annual contribution to be paid immediately in cash, as well as the date on which the payment is to be made. The remainder of the annual contribution due shall be paid when the Director of the Fund so requires.
5. Under the circumstances and conditions laid down in the Regulation, the Director may require a taxpayer to provide a financial guarantee for the amounts due.
6. Any demand for payment on the basis of paragraph 4 shall be divided in proportion to all taxpayers.
ARTICLE 13. 622, 2006 >
1. Any overdue contribution under Article 12shall be recharged with an interest the percentage of which shall be set by the Assembly for each calendar year, and may even set different percentages under the circumstances.
2. Each Contracting State shall take appropriate measures to ensure that any contribution due to the Fund under this Convention for Hydrocarbons received in its territory is duly paid; it shall take all appropriate legislative measures, including the necessary penalties, in order to ensure that these obligations are effectively fulfilled, provided that those measures apply only to persons who are obliged to contribute to the Fund.
3. When a person who by virtue of the provisions of Articles 10 and 11 is called to turn off contribution does not comply in whole or in part with his or her obligation and delay in payment In excess of three months, the Director shall, on behalf of the Fund, take all appropriate measures against this person to collect the amount due. However, if the taxpayer is manifestly insolvent or if the circumstances justify it, the Assembly may, at the recommendation of the Director, give up any action against him.
ARTICLE 14. 622, 2006 >
1. Any Contracting State may, when depositing its instrument of ratification or accession or in any subsequent circumstances, declare that it assumes the obligations under the terms of this Convention the persons called by the Article 10, paragraph 1, to contribute to the Fund for hydrocarbons which it would have received in the territory of that State. Such a declaration shall be made in writing and specifying the obligations assumed.
2. If the declaration provided for in paragraph 1 is made in accordance with Article 40before the entry into force of this Convention, it shall be addressed to the Secretary-General of the Organization, who in turn shall communicate to the Director after the entry into force of the Convention.
3. Any declaration made in accordance with paragraph 1 after the entry into force of this Convention shall be addressed to the Director.
4. Any State which has made the declaration provided for in the provisions of this Article may withdraw it by written notification to the Director. The notification shall enter into force three months after it has been received by the latter.
5. Any State which has committed itself to the declaration provided for in this Article is obliged to waive in the proceedings against it a competent court, the immunity of jurisdiction which it would have been able to invoke in relation to the obligations assumed by that declaration.
ARTICLE 15. 622, 2006 >
1. Each Contracting State shall ensure that any person who is obliged to contribute to the Fund for receiving on its territory hydrocarbons subject to contributions in excess of the minimum indicated on a list shall be kept up to date by the Fund. Director in accordance with the following provisions.
2. For the purposes referred to in paragraph 1, any Contracting State shall communicate in writing to the Director in the form and on the date to be fixed by the Fund, the name and address of those persons subject to the the contribution according to Article 10, as well as the data concerning the quantities of hydrocarbons received by this person during the preceding calendar year.
3. The list shall make prima facie faith of the persons obliged at a certain time to contribute under the terms of Article 10, paragraph 1, as well as, where appropriate, of the quantities of hydrocarbons on the basis of which they are have set the amount of their contributions.
ORGANIZATION AND ADMINISTRATION
ARTICLE 17. 622 of 2006 >The Assembly shall be composed of all Contracting States.
1. To elect in each regular session a President and two Vice-Presidents, who will perform their duties until the following period.
2. Adopt its own rules of procedure for the non-compliance with the provisions of this Convention.
3. Adopt the Fund Regulation, which is necessary for its proper functioning.
4. Appoint the Director; provide for the appointment of staff deemed necessary, and fix the terms of employment of the Director and other staff.
5. Approve the annual budget and set annual contributions.
6. Appoint account reviewers and approve the Fund's accounts.
7. To satisfy the claims for compensation submitted to the Fund; to decide among the different applicants to distribute the quantities available for damages, in accordance with Article 4, paragraph 5; and to establish the the conditions for making interim payments so that the victims are compensated as quickly as possible.
9. Create those subsidiary bodies, permanent or transitory, as they deem necessary.
10. To authorize States other than the Convention and intergovernmental or international non-governmental organizations to participate, without the right to vote, in the sessions of the Assembly, the Executive Committee or the subsidiary bodies.
11. Give the Director, the Executive Committee and the subsidiary bodies instructions related to the management of the Fund.
12. Study 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. To fulfil any other function which, in accordance with the terms of this Convention, falls within its competence or is deemed appropriate for the proper functioning of the Fund.
ARTICLE 19. 622, 2006 >
1. When the Director is convened, the Assembly shall meet in ordinary sessions once a year; however, in the event that the Assembly has delegated to the Executive Committee the functions provided for in Article 18, Paragraph 5, shall only hold ordinary sessions every two years.
2. At the Director's request, the Assembly shall meet in extraordinary sessions at the request of the Executive Committee or at least one third of the members of the Assembly. It can also be convened on the initiative of the Director after consulting the President of the Assembly. Members shall be informed of these meetings by the Director at least 30 days in advance.
ARTICLE 20. 622 of 2006 >The majority of Assembly members are required for their meetings.
THE EXECUTIVE Committee
ARTICLE 21. 622 of 2006 >The Executive Committee shall be constituted in the first regular session of the Assembly following the date on which fifteen States have entered into this Convention.
ARTICLE 22. 622 of 2006 >The Executive Committee shall be composed of the third of the members of the Assembly, not being able to be less than seven or more than fifteen. Where the number of members of the Assembly is not divisible by three, that third shall be calculated from the multiple of three immediately above.
2. When choosing the members of the Executive Committee, the Assembly:
(a) Ensure a fair geographical distribution of Committee posts, on the basis of appropriate representation of the States Parties to the Convention which are particularly exposed to the risks of oil pollution, and of those States Parts of the Convention with significant fleets of oil tankers, and
(b) You shall elect half of the members of the Committee or, if the total number of members to be elected is odd, a number equal to half of the total number of members minus one, among the States Parties to the Convention in whose territories they have been received, during the preceding calendar year, the largest quantities of hydrocarbons to be considered under article 10, it is well understood that the number of States eligible under the terms of this paragraph is mimics as follows:
|number of |
|Number of States eligible under subparagraph (b)||Number of States to choose under (b)|
3. A member of the Assembly who is eligible but not elected under the provisions of paragraph b) may not be elected to the other posts of the Executive Committee.
ARTICLE 23. 622, 2006 >
1. The members of the Executive Board shall perform their duties until the end of the next regular 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 the provisions of Article 22.
ARTICLE 24. 622, 2006 >
1. The Executive Board shall meet once a year at least, convened 30 days in advance by the Director on his own initiative or at the request of the President or at least one third of its members. He meets where he sees fit.
ARTICLE 25. 622 of 2006 >The presence of two-thirds of the Executive Committee shall constitute a quorum necessary for its meetings.
ARTICLE 26. 622, 2006 >
1. The Executive Committee shall function:
a) Choose your President and adopt for as many issues as are not the subject of express provisions of the Convention, your own procedural rules;
b) Take over and replace the Assembly with the following functions:
i) Dictate rules for the appointment of the necessary staff, with the exception of the Director, and fix the conditions of employment of such staff;
ii) Meet the claims for compensation submitted to the Fund, and take for this purpose all other necessary measures as provided for in paragraph 7 of Article 18;
iii) Give instructions to the Director for the proper management of the Fund, and ensure that the Fund effectively implements the Convention, the decisions of the Assembly and the Committee's own decisions;
c) Fulfill any other mission entrusted to you by the Assembly.
2. The Executive Board shall draw up and publish each year a report on the activities of the Fund during the preceding year.
ARTICLE 27. 622 of 2006 >Members of the Assembly who are not members of the Executive Committee may attend their meetings as observers.
ARTICLE 28. 622, 2006 >
1. The Secretariat shall be composed of a Director and the staff necessary to administer the Fund.
ARTICLE 29. 622, 2006 >
1. The Director shall be the Fund's senior official. Subject to the instructions received from the Assembly and the Executive Committee, he shall exercise the functions conferred upon him by the Convention, the Rules of Procedure, and the number assigned to him by the Assembly and the Executive Committee.
2. It is especially incumbent on you:
(a) Name the staff required for the administration of the Fund;
b) Take all appropriate measures for the good administration of the Fund's capital;
(c) Receivable contributions due under this Convention, in particular by complying with the provisions of Article 13, paragraph 3;
(d) To use the services of legal, financial or other experts to the extent that they are necessary to resolve the claims for compensation submitted to the Fund and to exercise other functions of the Fund;
(e) In the limits and conditions to be set by the Regulation, take whatever measures are necessary to satisfy the claims for compensation submitted to the Fund, including definitive arrangements for claims, without prior authorization of the Assembly or Executive Committee when the Regulation so provides;
f) Prepare and submit to the Assembly or Executive Committee, as the case may be, the statements and budgets of each year;
g) Assist the Executive Committee in preparing the report referred to in paragraph 2 of Article 26;
(h) Reunite, prepare and circulate the notes, documents, orders of the day, minutes and information that are necessary for the functioning of the Assembly, the Executive Committee and the subsidiary bodies.
ARTICLE 30. 622 of 2006 >Neither the Director nor the staff to their orders may, in the performance of their duties, request or accept instructions from any Government or any authority outside the Fund. They shall refrain from any act incompatible with their quality of international officials. Each Contracting State shall respect for its part the exclusively international character of the functions of the Director, the appointed staff and the experts appointed by him, and shall not attempt to influence them in the performance of their mission.
ARTICLE 31. 622 of 2006 >
1. Each State Party to the Convention shall pay the emoluments, views and other expenses of its delegation to the Assembly, as well as its representatives in the Executive Committee and in the subsidiary bodies.
2. Any other expenditure for the operation of the Fund shall be taken into account.
ARTICLE 32. 622 of 2006 >Assembly and Executive Committee votes shall be governed by the following provisions:
a) Each member shall have one vote;
(b) Except as otherwise provided in Article 33, decisions of the Assembly and of the Executive Committee shall be taken by a majority of votes of members present and voting;
(c) Where a majority of three-quarters or two-thirds are required, decisions shall be taken by the respective majority of members present;
(d) For the purposes of this Article, "present members" shall be deemed to be in the session at the time of the vote. The phrase "members present and voting" means members present who cast their votes in an affirmative or negative way. Members who abstain, will be considered as non-voters.
ARTICLE 33. 622, 2006 >
1. The following decisions of the Assembly shall be adopted by a majority of three quarters:
(a) Increase in the maximum amount of compensation payable by the Fund, according to the provisions of Article 4, paragraph 6;
(b) The extent to which the instruments referred to are replaced, in accordance with the provisions of Article 5, paragraph 4;
(c) Attribution to the Executive Committee of the functions provided for in Article 18, paragraph 5.
2. The following decisions of the Assembly shall be adopted by a two-thirds majority:
(a) How much relates to the provisions of paragraph 3 of Article 13on waivers of court actions against a taxpayer;
b) Appointment of the Fund Director in accordance with the provisions of Article 18, paragraph 4;
c) Creation of subsidiary organs in accordance with Article 18, paragraph 9.
ARTICLE 34. 622, 2006 >
1. The Fund, its capital, its profits, including contributions and other goods, shall be exempt from any direct tax in the territory of the Contracting States.
2. If the Fund is to purchase significant real estate or real estate, or will be entitled to carry out its official activities in the form of services which are taxed by indirect taxes or by contributions on sales, the governments of the States Parties shall, as far as possible, adopt as many provisions as they deem appropriate for the remission or reimbursement of these taxes.
3. No exemption from taxes, contributions or rights that constitute mere remuneration for utility services is considered.
4. The Fund shall be exempt from any customs duties, contributions or other taxes similar to those imported or exported for official use on its own or in its name. The objects thus imported shall not be transferred for consideration or free of charge in the territory of the country in which they were imported, except under the conditions agreed with their Government.
5. Persons who contribute to the Fund as well as the victims and owners who receive compensation from the Fund shall be subject to the tax legislation of the State of which they are taxpayers, without which the present Convention confers special exemption on them. and no other tax benefit.
6. Information on each taxpayer provided for the purposes of this Convention shall not be divulgable, except where it is of absolute necessity to enable the Fund to fulfil its functions, principally as a claimant or an advocate. in a court action.
7. Whatever the current or future legislation on control of changes or transfers of capital, the Contracting States shall authorize without restriction, as many transfers and payment of contributions are made to the Fund, as well as all compensation paid by the latter.
ARTICLE 35. 622, 2006 >
2. The compensation claims provided for in Article 4 and the claims for compensation in Article 5 for claims occurring between the hundred and twenty days and the two hundred 40 days from the date of entry into force of this Convention, the Fund shall not be submitted to the Fund until the last deadline.
ARTICLE 36. 622 of 2006 >The Secretary-General of the Organization shall convene the Assembly for its first session. These sessions shall be held as soon as possible, and in any event not later than 30 days after the entry into force of this Convention.
ARTICLE 37. 622 of 2006 >
1. This Convention is hereby opened for signature by the States which have signed or acceded to the Convention of Liability, as well as to all States present at the 1971 International Conference on the Establishment of a Fund International of Damage Compensation caused by the contamination of hydrocarbons. The Convention 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 the States which have signed it.
3. Subject to the provisions of paragraph 4, States which have not signed this Convention may accede to it.
4. Only States which have ratified, accepted or approved the Convention of Liability or which have acceded to it, may ratify, accept or approve this Convention or accede to it.
ARTICLE 38. 622 of 2006 >
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 Member States, or after the completion of all the formalities required for the The entry into force of amendments by those States shall be considered as applicable to the Convention as amended by the amendment.
ARTICLE 39. 622 of 2006 >In advance of the entry into force of this Convention, each State, when depositing the instrument of acceptance provided for in Article 38, paragraph 1, and thereafter on an annual date, designated by the Secretary General of the Organization, shall communicate to this Organization the name and address of the persons who, in the field of that State, are obliged to contribute to the Fund under Article 10, as well as how much data is required for the quantities of Mineral oils subject to the contribution received by them in their territory during the previous year.
ARTICLE 40. 622, 2006 >
1. This Convention shall enter into force on the 90 days of the date which the following conditions have been met:
(a) That at least eight States have deposited an instrument of ratification, acceptance, approval or accession by the Secretary-General of the Organization, and
b) That the Secretary-General of the Organization has been informed in accordance with Article 39, that persons obliged in these States to contribute to the Fund under the terms of Article 10, during the previous year received at least 750 million tons of hydrocarbon subject to contribution.
2. However, this Convention shall not enter into force before the entry into force of the Convention of Liability.
3. For each of the States that ratify, accept, approve or accede to it later, the Convention shall enter into force on the ninety days of the deposit by that State of the corresponding instrument.
ARTICLE 41. 622 of 2006 >
1. This Convention may be denounced by any Contracting State at any time from the date of its entry into force in that State.
2. The complaint shall be made by the deposit of an instrument held by the Secretary-General of the Organization.
3. The complaint shall have an effect on the year of the deposit of the instrument held by the Secretary-General of the Organization, or upon the expiration of any other period greater than may be specified in that instrument.
4. Any denunciation of the Convention of Liability constitutes a denunciation of this Convention. It shall take effect from the date on which the denunciation of the Convention of Liability has been lodged, as provided for in Article XVI, paragraph 3 of the latter Convention.
5. Notwithstanding the complaint that a Contracting State may make pursuant to this Article, the provisions of the Convention relating to the obligation to contribute under Article 10 for a disaster under the conditions laid down in Article 12(2) (b) before the complaint has effect, they shall continue to apply.
ARTICLE 42. 622 of 2006 >
1. Any Contracting State may, within 90 days after the deposit of a waiver instrument which in its opinion constitutes 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 60 days from the date on which he received the request.
2. The Director may, on his own initiative, convene the Assembly for extraordinary sessions within 60 days of the deposit of a complaint instrument which in his opinion would lead to a considerable increase in the contributions of the other Contracting States.
3. If, in the course of the extraordinary sessions held in accordance with paragraphs 1 or 2, the Assembly decides that the complaint will lead to a considerable increase in the contributions of the other Contracting States, they may be in the course of the (i) a period of 20 days prior to the entry into force of the complaint, in turn denouncing the present Convention. Both complaints will take effect from the same date.
ARTICLE 43. 622 of 2006 >
1. This Convention shall cease to be effective if the number of Contracting States is less than three.
2. The Contracting States bound by this Convention on the eve of the day on which it is no longer effective shall take all necessary measures to enable the Fund to carry out the tasks provided for in Article
ARTICLE 44. 622, 2006 >
1. In the event that this Convention ceases to be effective, the Fund shall:
(a) You must assume all obligations arising from a disaster before the Convention has ceased to be in force;
(b) You may claim the contributions due in so far as they are necessary to meet the obligations laid down in subparagraph (a), including the administrative costs necessary for this purpose.
2. The Assembly shall take appropriate measures to discharge the Fund, including the equitable distribution of its capital and its assets to persons who have contributed to it.
3. For the purposes of this Article, the Fund shall retain its legal personality.
ARTICLE 45. 622, 2006 >
1. The Organization may convene a conference to review or amend this Convention.
2. The organisation shall convene a conference of the Contracting States to review or amend this Convention if it so requests at least one third of all Contracting States.
ARTICLE 46. 622 of 2006 >
1. This Convention shall be deposited with the Secretary-General of the Organization.
2. The Secretary-General of the Organization:
(a) inform all States that have signed the Convention or have acceded to it;
i) Of any new signature or new instrument deposit, as well as the date on which such a signature or deposit took place;
ii) From the date of entry into force of the Convention;
(iii) Any denunciation of the Convention, as well as the date on which it begins to produce effects;
(b) Rissue certified copies of this Convention to all States that are signatories to this Convention and to all States that accede to it.
ARTICLE 47. 622 of 2006 >The Secretary-General of the Organization shall transmit to the Secretary of the United Nations a certfied copy of it for registration and the entry into force of this Convention. publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE 48. 622 of 2006 >This Convention extends into a single copy in the English and French languages, both texts being equally authentic. The Secretary of the Organization shall prepare official translations in Russian and Spanish languages, which shall be deposited with the original copy duly signed.
In faith of which the undersigned Plenipotentiaries,
duly authorized, sign this Convention *.
Given in Brussels on 18 December 1971.
Editor note: signatures are not included.
States represented at the Conference on the formation of an international fund for damages caused by the pollution of hydrocarbons.
Having adopted the International Convention on the Constitution of that fund,
aware that, before the Convention enters into force and subsequently for some time it will be necessary to adopt certain administrative and organisational measures in order to ensure that from the date of entry into force of the Convention, the Fund may function properly, without prejudice to the location of the Fund's headquarters,
The Intergovernmental Maritime Consultative Organization, well understood that all expenses incurred will be reintegrated by the Fund, have to:
1. To ask the Secretary-General of the OWHC to convene, in accordance with Article 36 of the said Convention, to make the necessary preparations, 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 the supernumerary staff you need.
PROTOCOL CORRESPONDING TO THE INTERNATIONAL CONVENTION ON THE FORMATION OF AN INTERNATIONAL FUND FOR DAMAGES CAUSED BY THE POLLUTION OF HYDROCARBONS, 1971.
The Parties to this Protocol,
Considering the study they have made of the International Convention on the Constitution of an International Damage Compensation Fund Caused by Hydrocarbon Pollution, given in Brussels on December 17, 1971,
ARTICLE I. For the purposes of this Protocol:
1. "Convention" means the International Convention on the Constitution of an International Fund for the Compensation of Damage Caused by the Pollution of Hydrocarbons, 1971.
2. The term "Convention of Liability" shall be the meaning given to it in the Convention.
3. The term "Organization" shall be the meaning given to it in the Convention.
4. "Secretary-General" shall mean 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" shall mean the unit of account or the monetary unit, as appropriate, as referred to in Article V of the Convention of Liability, as amended by the relevant Protocol adopted on 19 December November 1976.