Key Benefits:
523 DE 1999
(August 12)
Official Journal No 43,670 of 18 August 1999
By means of which the "Protocol of 1992 amending the International Convention on Civil Liability, born of damages due to oil pollution, 1969", and the " Protocol of 1992 which amends the International Convention on the Establishment of an International Fund for Damages Due to Oil Pollution, 1971 ", made in London, twenty-seven (27) November of one thousand nine hundred and ninety-two (1992).
COLOMBIA CONGRESS
Having regard to the text of the 1992 Protocol amending the International Convention on Civil Liability, born of damages due to oil pollution, 1969, and the 1992 Protocol amending the International Convention on the the establishment of an International Fund for damages due to oil pollution, 1971, made in London, 27 November of a thousand nine hundred and ninety-two (1992), which the letter says:
(To be transcribed: photocopies of the integrated texts of the aforementioned International instruments are attached, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
" 1992 PROTOCOL AMENDING THE INTERNATIONAL CONVENTION
ON CIVIL LIABILITY BORN FROM DAMAGES DUE
HYDROCARBON CONTAMINATION, 1969
Parties to the Protocol Present,
Having examined the International Convention on Civil Liability, born of damages due to hydrocarbon pollution, 1969, and the corresponding Protocol of 1984,
Having noted that the 1984 Protocol on the Convention, which extends the scope and increases compensation, has not entered into force,
Affirming the importance of maintaining the viability of the international system of liability and compensation for damages due to hydrocarbon pollution,
Aware of the need to ensure that the content of the 1984 Protocol enters into force as soon as possible,
Acknowledging that special provisions are needed in connection with the introduction of the amendments corresponding to the International Convention on the Establishment of an International Fund for Compensation for Pollution from Pollution by Hydrocarbons, 1971,
Concomers:
ARTICLE 1o. The Convention amended by the provisions of this Protocol is the international convention on civil liability arising from damages due to hydrocarbon pollution, 1969, hereinafter called the "Civil Liability Convention, 1969". As regards States which are Parties to the 1976 Protocol corresponding to the Convention on Civil Liability, 1969, any reference to this Convention shall also be construed as references to the Convention on Civil Liability, 1969, as amended. by that Protocol.
ARTICLE 2o. Article 1 of the Civil Liability Convention, 1969, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1 'Buque' means a ship suitable for sea navigation and any floating device at sea, of the type that is, constructed or adapted for the transport of bulk hydrocarbons as a cargo, provided that the vessel in which it is transported Hydrocarbons and other charges shall be considered as such only when it is effectively transporting bulk hydrocarbons as a cargo and during any journey following that transport unless it is shown that there is no waste on board of the bulk hydrocarbons of such transport. '
2. Paragraph 5 is replaced by the following:
" 5 'Hydrocarbons': all persistent hydrocarbons of mineral origin, such as crude oil, fuel oil, heavy diesel oil and lubricating oil, are already transported on board a vessel as cargo or in liquid fuel tanks of that vessel ".
3. Paragraph 6 is replaced by the following:
" 6 'Pollution Damage':
(a) Losses or damage caused outside the ship by the impurification resulting from the leakage or discharge of hydrocarbons from that vessel, wherever such leakage or discharges occur, while the compensation for deterioration of the environment, apart from the loss of profits resulting from such deterioration, it shall be limited to the cost of reasonable restoration measures actually taken or to be taken;
b) The cost of preventive measures and losses or damage subsequently caused by such measures. "
4. Paragraph 8 is replaced by the following:
"8 'Event' means any occurrence or series of common origin events resulting in damage caused by pollution or which create a serious and imminent threat to cause such damage."
5. Paragraph 9 is replaced by the following:
"9 'Organization': The International Maritime Organization."
6. A new paragraph is added after paragraph 9 with the following text:
" 10 'Civil Liability Convention, 1969': the International Convention on Civil Liability, born of damages due to oil pollution, 1969. As regards the States Parties to the Protocol of 1976 corresponding to that convention shall mean that the expression includes the Civil Liability Convention, 1969, as amended by that Protocol. "
ARTICLE 3o. Article 2 is replaced. of the Convention on Civil Liability, 1969, by the following text:
" This convention shall apply exclusively to:
a) Damage caused by pollution:
i) in the territory of a Contracting State, including its territorial sea, and
(ii) in the exclusive economic zone of a Contracting State established in accordance with international law, or, if a Contracting State has not established such an area, in an area beyond the territorial sea of that State and adjacent to the territorial sea determined by that State in accordance with international law and which does not extend beyond two hundred nautical miles counted from the baselines from which the width of the territorial sea is measured that State.
b) Preventive measures, wherever they are taken, to prevent or minimize such damage. "
ARTICLE 4. Article 3 of the Civil Liability Convention, 1969, is amended as follows:
1. Paragraph 1 is replaced. by the following text:
" 1 Except in the cases provided for in paragraphs 2o. and 3o. of this Article, the owner of the vessel at the time of occurrence of an event or, if the event is constituted by a series of events, at the time of the first occurrence, shall be responsible for all damages caused by pollution arising from the ship as a result of the event. "
2. Paragraph 4 is replaced by the following: by the following text:
" 4 No claim for compensation for pollution damage which does not comply with this Convention may be promoted against the owner. Subject to the provisions of paragraph 5 of this Article, no claim for compensation for pollution damage, whether or not fitted to this Convention, may be promoted against:
a) Employees or agents of the owner or crew;
b) The practical or any other person who, without being a crew member, provides services for the ship;
(c) No charterer (as described, including the charterer of the ship without crew), ship manager or shipowner;
(d) No person performing salvage operations with the consent of the owner or following instructions from a competent public authority;
e) No person taking preventive measures;
(f) No employee or agent of the persons referred to in sub-paragraphs (c), (d) and (e)
unless the damages have been caused by an action or omission of such persons, and that they have acted with intent to cause such damages, or recklessly and knowingly that such damages would likely arise. "
ARTICLE 5o. Article 4 of the Civil Liability Convention, 1969, is replaced by the following text:
" Where there is an event involving two or more vessels and the resulting damage caused by pollution, the owners of all the vessels concerned, unless under Article III they are exempted, shall be jointly and severally liable for all damages that cannot be reasonably assigned to anyone separately. "
ARTICLE 6o. Article 5 of the Civil Liability Convention, 1969, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1 The owner of a vessel shall have the right to limit the liability under this Convention, in respect of each event, to a total amount calculated as follows:
a) Three million units of account for vessels whose tonnage does not exceed 5,000 tonnage units;
(b) For vessels whose tonnage exceeds the above indicated, for each additional tonnage unit, 420 units of account shall be added to the quantity referred to in subparagraph (a)
While the total amount will in no case exceed 59.7 million units of account. "
2. Paragraph 2 is replaced. by the following text:
" 2 The owner shall not be entitled to limit his liability under this Convention if it is proved that the damage caused by contamination was due to an action or omission of his own, and that he acted with intent to cause such damage. damages, or recklessly and knowingly that such damages would likely arise. "
3. Paragraph 3 is replaced. by the following text:
" 3 To be able to benefit from the limitation stipulated in paragraph 1o. of this Article, the owner shall have to constitute a fund whose total sum is equivalent to the limit of his liability, before the court or other competent authority of any of the Contracting States in which the action is brought the virtue of Article IX or, if no action is brought, before any court or other competent authority of any of the Contracting States in which the action may be brought under Article IX. The fund may be set up by depositing the sum or by providing a bank guarantee or other class which is acceptable under the law of the Contracting State in which it is constituted and which the court or other competent authority Consider sufficient ".
4. Paragraph 9 is replaced. by the following text:
" 9 a) The unit of account referred to in paragraph 1. This article is the Special Right of the Giro, as it has been defined by the International Monetary Fund. The amounts referred to in paragraph 1. shall be converted into a national currency using the value of that currency in relation to the Special Drawing Right, on the date of incorporation of the fund referred to in paragraph 3. With regard to Special Drawing Right, the value of the national currency of a Contracting State which is a member of the International Monetary Fund shall be calculated by the method of assessment effectively applied at the date of the Fund's Monetary International to its operations and transactions. With respect to Special Drawing Right, the value of the national currency of a Contracting State that is not a member of the International Monetary Fund shall be calculated as determined by that State.
9 (b) However, a Contracting State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 9 (a) may, when the ratification, acceptance or approval of this Convention occur, or the accession to it, or at any later time, declare that the unit of account referred to in paragraph 9 (a) shall be equal to 15 francs. The gold franc referred to in this paragraph corresponds to 65 milligrams and a gold average of 900 thousandths. The conversion of these amounts into the national currency shall be carried out in accordance with the legislation of the State concerned.
(c) The calculation referred to in the last sentence of paragraph 9 (a) and the conversion referred to in paragraph 9 (b) shall be carried out in such a way that, as far as possible, express in the national currency of the Contracting State the amounts to which the referred to in paragraph 1, giving these the same real value as that which would result from the application of the first three sentences of paragraph 9 (a). The Contracting States shall inform the depositary of the method of calculation followed in accordance with paragraph 9 (a), or the result of the conversion provided for in paragraph 9 (b), as the case may be, when depositing the an instrument of ratification, acceptance, approval of or accession to this Convention, and when a change in the method of calculation or the characteristics of the conversion is recorded. '
5. Paragraph 10 is replaced by the following:
"10 For the purposes of this Article, the tonnage of vessels shall be the gross tonnage calculated in accordance with the rules relating to the determination of the tonnage set out in Annex I to the International Convention on tonnage of ships, 1969".
6. The second sentence of paragraph 11 is replaced by the following:
" Such a fund may be constituted even if, pursuant to paragraph 2, the owner has no right to limit his liability, but in such a case that constitution shall not prejudice the rights of any claimant against the owner ".
ARTICLE 7o. Article 7 of the Civil Liability Convention, 1969, is amended as follows:
1. The first two sentences of paragraph 2 are replaced by the following:
" Each vessel shall be issued with a certificate attesting that the insurance or other financial guarantee is in full force in accordance with the provisions of this Convention, having established the competent authority of a State Contracting party which has complied with the requirements of paragraph 1. As regards a vessel which is registered in a Contracting State, it shall extend the certificate or endorse it by the competent authority of the State of registration of the vessel; in respect of a vessel which is not registered in a State The competent authority of any Contracting State may be issued or endorsed by the Contracting Party. "
2. Paragraph 4 is replaced by the following:
" 4. The certificate shall be carried on board the vessel and a copy shall be deposited with the authorities holding the registration of the vessel or, if the vessel is not registered in a Contracting State, to the authorities which have issued or endorsed the certificate ".
3. The first sentence of paragraph 7 is replaced by the following:
" Certificates issued or endorsed with the authority conferred by a Contracting State in accordance with paragraph 2 shall be accepted by the other Contracting States for the purposes of this Convention and shall be considered by the other Contracting States. Contracting States as having the same validity as certificates issued or endorsed by them even if they have been issued or endorsed in respect of a vessel not registered in a Contracting State. "
4. In the second sentence of paragraph 7, the words 'with the State of registration of a vessel' shall be replaced by the following words: ' with the State which issued or endorsed the certificate
.5. The second sentence of paragraph 8 is replaced by the following:
"In such a case the defendant may, even if the owner is not entitled to limit his liability in accordance with Article V, paragraph 2, to the limits of liability prescribed by Article V, paragraph 1."
ARTICLE 8o. Article 9 of the Civil Liability Convention, 1969, is amended as follows:
Paragraph 1 is replaced by the following text:
" 1 When an event has resulted in damage caused by pollution in the territory, including the territorial sea, or in an area referred to in Article II, of one or more Contracting States, or measures have been taken preventive measures to prevent or minimise the damage caused by pollution in that territory, including the territorial sea or the area, only claims for compensation may be proposed before the courts of that or those Contracting States. The defendant shall be informed of this in good time. "
ARTICLE 9o. Following Article 12 of the Civil Liability Convention, 1969, two new articles are inserted, the text of which is as follows:
Article XII bis
Transitional provisions
The following transitional provisions shall apply in the case of a State which at the time an event occurs is party to this Convention and to the Convention on Civil Liability, 1969:
(a) Where damage caused by pollution falling within the scope of this Convention is caused by an event, it shall be understood that the obligation under this Convention is to be fulfilled if it is also provided under the Civil Liability Convention, 1969, and to the extent that it establishes;
(b) When an event is caused by pollution caused by contamination falling within the scope of this Convention, and the State is a party to this Convention and to the International Convention on the Establishment of a Fund International compensation for damages due to oil pollution, 1971, the obligation to comply after having applied sub-paragraph (a) of this Article shall only be provided under this Convention to the extent that there is still damage caused by uncompensated pollution after the application of the Fund, 1971;
(c) In the application of Article 3, paragraph 4, of this Convention the expression "this Convention" shall be construed as referring to this Convention or the Convention of Civil Liability, 1969, as applicable;
(d) In the application of Article 5 (3) of this Convention, the total sum of the fund to be set up shall be reduced by the amount of the obligation to comply in accordance with subparagraph (a) of this Article.
Article XII ter
Final clauses
Articles 12 to 18 of the 1992 Protocol amending the Civil Liability Convention, 1969, shall constitute the final clauses of this Convention. References to the Contracting States in this Convention shall be construed as references to the Contracting States of the said Protocol.
ARTICLE 10. The model of the certificate attached to the Civil Liability Convention, 1969, is replaced by the model accompanying this protocol.
1. The Convention on Civil Liability, 1969, and this Protocol shall be read and interpreted among the parties to this Protocol as constituting a single instrument.
2. Articles 1 to 12b, including the model certificate, of the Convention on Civil Liability, 1969, as amended by this Protocol, shall be designated as the International Convention on Civil Liability due to oil pollution, 1992 (Civil Liability Convention, 1992).
FINAL CLAUSES
ARTICLE 12. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, OR ACCESSION.
1. This Protocol shall be open for signature by all States in London from 15 January 1993 to 14 January 1994.
2. Subject to the provisions of paragraph 4, any State may be part of this Protocol by:
a) Signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
b) Accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate official instrument with the Secretary-General of the Organization.
4. Any Contracting State of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, hereinafter referred to as the Fund Convention, 1971, may ratify, accept or approve the present Protocol to accede to it, provided that it ratifies, accepts or approves the Protocol of 1992 which amends or adheres to that Convention, unless it denounces the Fund's Convention, 1971 for the denunciation of the Protocol effect on the date on which, in respect of that State, this Protocol enters into force.
5. A State which is a party to the Protocol but which is not party to the Civil Liability Convention, 1969, shall be bound by the provisions of the Convention on Civil Liability, 1969, as amended by this Protocol, in respect of the other States Parties to this Protocol, but shall not be bound by the provisions of the Convention on Civil Liability, 1969, in respect of States Parties to that Convention.
6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the Civil Liability Convention, 1969, as amended by this Protocol, shall be deemed applicable to the Convention. as amended by this Protocol as the Convention is amended by that amendment.
1. This Protocol shall enter into force 12 months after the date on which ten States, including four States which respectively have not less than one million gross tonnage units of tank vessels, have deposited with them. the Secretary-General of the Organization instruments of ratification, acceptance, approval or accession.
2. However, any Contracting State of the Fund Convention, 1971, may, at the time of deposit of its instrument of ratification, acceptance, approval or accession in respect of this Protocol, declare that it shall be deemed to be the instrument shall not take effect, for the purposes of this Article, until the last day of the six-month period referred to in Article 31 of the 1992 Protocol amending the Fund Convention, 1971. A State which is not a Contracting State to the 1971 Fund Convention, but which deposits an instrument of ratification, acceptance, approval or accession in respect of the 1992 Protocol which amends the Fund Convention, 1971, may also make it time a declaration in accordance with the provisions of this paragraph.
3. Any State which has made a declaration in accordance with the appropriate paragraph may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization. Such withdrawal shall take effect on the date on which the notification is received, provided that it is understood that that State has deposited on that date its instrument of ratification, acceptance, approval or accession in respect of the present protocol.
4. For any State which ratifies, accepts or approves, or which adheres to it, once the conditions relating to the entry into force of paragraph 1 have been fulfilled, this Protocol shall enter into force twelve months after the date on which the The State concerned has deposited the appropriate instrument.
ARTICLE 14. REVISION AND AMENDMENT.
1. The Organization may convene a conference to review or amend the Civil Liability Convention, 1992.
2. The Organization shall convene a conference of the Contracting States in order to revise or amend the Civil Liability Convention, 1992, at the request of not less than one third of the Contracting States.
ARTICLE 15. AMENDMENTS TO THE LIMITATION AMOUNTS.
1. At the request of at least one quarter of the Contracting States, the Secretary-General shall distribute among all the members of the Organization and all Contracting States any proposal intended to amend the limits of liability. established in Article 5, paragraph 1, of the Civil Liability Convention, 1969, as amended by this Protocol.
2. Any proposed and distributed amendments, as just stated, shall be submitted for examination to the Legal Committee of the Organization, at least six months after the date of its distribution.
3. All Contracting States to the Convention on Civil Liability, 1969, as amended by this Protocol, whether or not they are members of the Organization, shall be entitled to participate in the deliberations of the Legal Committee whose object is examine and approve amendments.
4. The amendments shall be adopted by a majority of two thirds of the Contracting States present and voting in the Legal Committee, as extended as provided for in paragraph 3, provided that at least half of the Contracting States are present in the time of the vote.
5. In its decision on proposals to amend the limits, the Legal Committee shall take into account the experience of the events and, in particular, the extent of the damage resulting from them, the fluctuation recorded in the value of the of the currency and the effect of the proposed amendment on the cost of insurance. It shall also take into account the relationship between the limits referred to in Article 5 (1) of the Civil Liability Convention, 1969, as amended by this Protocol and those laid down in Article 4 (4) of the Convention. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.
6 (a) No amendments relating to the limits of liability proposed pursuant to this Article shall be examined before 15 January 1998 or within a period of less than five years from the date of entry into force of this Article. Previous amendment introduced pursuant to this Article. No amendments proposed under this Article shall be examined before the entry into force of this Protocol.
6 (b) No limit may be increased to exceed the amount corresponding to the limit laid down in the Civil Liability Convention, 1969, as amended by this Protocol increased by 6% per year, calculated as if it was a compound interest, starting from 15 January 1993.
6 (c) No limit may be increased to exceed the amount corresponding to the limit laid down in the Civil Liability Convention, 1969, as amended by this Protocol, multiplied by three.
7. The organisation shall notify all Contracting States of any amendment adopted in accordance with paragraph 4. The amendment shall be deemed to have been accepted at the end of a period of 18 months from the date of notification, unless in that period no less than one quarter of the States which were Contracting States at the time of the adoption the amendment by the Legal Committee has communicated to the Organization that they do not accept such an amendment, in which case the amendment shall be deemed to be rejected and shall not have any effect.
8. An amendment deemed to be accepted in accordance with paragraph 7 shall enter into force 18 months after its acceptance.
9. All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with Article 16 (1) and (2), at least six months before the amendment enters into force. Such denunciation shall take effect when the said amendment enters into force.
10. Where an amendment has been approved by the Legal Committee, but the period of 18 months necessary for its acceptance has not yet elapsed, a State which has become a Contracting State during that period shall be bound by the amendment. amendment if it enters into force. A State which is a Contracting State after that period shall be bound by any amendment which has been accepted in accordance with paragraph 7. In the cases referred to in this paragraph, a state shall be obliged to be bound by an amendment when it enters into force, or where the present Protocol enters into force in respect of that State, if the date on which the latter occurs is back.
1. This protocol may be denounced by either party at any time from the date it enters into force for that party.
2. The complaint shall be made by depositing an instrument with the Secretary-General of the Organization.
3. The denunciation shall take effect twelve months after the date on which the instrument of denunciation has been deposited with the Secretary-General of the Organization, or any other period greater than that which may be stipulated in that instrument. instrument.
4. Among the parties to this Protocol, the denunciation by any of them of the Convention of Civil Liability, 1969, in accordance with Article 16 of this Convention, shall not be construed in any way as denunciation of the Convention of Civil Liability, 1969, as amended by this Protocol.
5. It is understood that the denunciation of the Protocol of 1992 which amends the Fund Convention, 1971, by a State which remains party to the Fund's Convention, 1971, constitutes a denunciation of this Protocol. Such denunciation shall take effect on the date on which the denunciation of the Protocol of 1992 amending the Fund's Convention, 1971, takes effect in accordance with Article 34 of that Protocol.
1. This Protocol and any amendments accepted pursuant to Article 15 shall be deposited with the Secretary-General of the Organization.
2. The Secretary-General of the Organization:
a) It shall inform all States which have signed or acceded to the Protocol of:
i) Each new signature or each new instrument deposit, as well as the date on which such a signature or deposit occurs;
(ii) Each declaration and notification produced pursuant to Article 13, and each declaration and communication produced pursuant to Article 5, paragraph 9. of the Civil Liability Convention, 1992;
iii) The date of entry into force of this protocol;
iv) Any proposal intended to amend the limits of liability that have been requested in accordance with Article 15, paragraph 1;
v) Any amendment that has been approved in accordance with Article 15, paragraph 4;
vi) Any amendment to which it is deemed to have been accepted in accordance with Article 15, paragraph 7, together with the date on which such amendment enters into force in accordance with paragraphs 8 and 9 of that article;
vii) The deposit of any instrument of denunciation of this Protocol, together with the date of the deposit and the date on which such denunciation takes effect;
viii) Any denunciation of which it is deemed to have been made in accordance with the provisions of Article 16, paragraph 5;
ix) Any notification required in any article of this protocol;
(b) Rissue authentic certified copies of this Protocol to all signatory States and to all States that adhere to this Protocol.
3. As soon as this Protocol enters into force, the Secretary-General of the Organization shall forward to the Secretariat of the United Nations the text of the Protocol for the purposes of registration and publication in accordance with Article 102 of the Charter of United Nations.
ARTICLE 18. LANGUAGES. This protocol is drawn up in a single original in the Arabic, Chinese, Spanish, French, English, and Russian languages, and each text will have the same authenticity.
Made in London on the twenty-seventh of November of a thousand nine hundred and ninety-two.
In faith of which the undersigned, duly authorized by their respective governments to the effect, sign the present protocol.
ANNEX
Certificate of insurance or other financial guarantee relating to civil liability arising from damages due to oil pollution
Issued pursuant to Article VII of the International Convention on Civil Liability, born of damages due to oil pollution, 1992.
Name Number or letters Port name and address of the owner's signature registration flag
It is certified that the above mentioned vessel is covered by an insurance policy or other financial guarantee that satisfies the requirements of Article VII of the International Convention on Civil Liability, born of damages due to contamination. for hydrocarbons, 1992.
Warranty Type
Warranty Duration
Name and address of insurer (of insurers) and (or) of the guarantor (of the guarantor)
Name
Address
This certificate is valid until
Issued or endorsed by the
government(Full State Name)
In to
(Place) (Date)
(Signature and title of the official who issues or endorses the certificate)
Explanatory notes:
1. At the discretion, when designating the State, the competent public authority of the country in which the certificate is issued may be mentioned.
2. If the total amount of the guarantee comes from a number of sources, the amount shall be indicated for each of them.
3. If the warranty is entered in various forms, please list these.
4. Under the heading 'Duration of the guarantee', indicate the date on which the guarantee starts to take effect. '
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is faithful photocopy taken of the certified copy, of the Spanish text of the " Protocol of 1992 which amends the International Convention on Civil Liability, born of damages due to pollution by hydrocarbons, 1969 ", made in London, twenty-seven (27) November of a thousand nine hundred and ninety-two (1992).
Dada en Santa Fe de Bogotá, D. C., 17 seventeen days of the month of March of a thousand nine hundred and ninety-seven (1997).
HECTOR ADOLFO SYNTURA VARELA.
The Head of the Legal Office,
" 1992 PROTOCOL AMENDING THE INTERNATIONAL CONVENTION
ON THE CONSTITUTION OF AN INTERNATIONAL COMPENSATION FUND
DAMAGES DUE TO HYDROCARBON CONTAMINATION, 1971
The parts in this protocol.
Having examined the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, and the corresponding Protocol of 1984.
Having taken note of the fact that the 1984 protocol on the convention, which extends the scope and increases compensation, has not entered into force.
Affirming the importance of maintaining the viability of the international system of liability and compensation for damages due to oil pollution.
Aware of the need to ensure that the content of the 1984 protocol enters into force as soon as possible.
Recognising the advantages for States Parties of making the amended Convention co-exist with the original Convention and completing it for a transitional period.
Convinced that the economic consequences of pollution damage resulting from the shipping of bulk hydrocarbons by ships should continue to be shared by the shipping industry and by the interests of the shipping Hydrocarbons.
Having submitted the adoption of the 1992 protocol which amends the international convention on civil liability arising from damages due to oil pollution, 1969.
Concomers:
ARTICLE 1o. The Convention amended by the provisions of this Protocol is the International Convention on the Establishment of an International Fund for the Compensation of Damage Due to Pollution Hydrocarbons, 1971, hereinafter referred to as the "Fund Convention, 1971". As regards the States Parties to the 1976 Protocol corresponding to the Fund Convention, 1971, any reference thereto shall be understood as also made to the Fund Convention, 1971, as amended by that Protocol.
ARTICLE 2o. Item 1o. The Fund Convention, 1971, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1. 'Convention of Civil Liability, 1992': the International Convention on Civil Liability, born of damages due to oil pollution, 1992. '
2. The following new paragraph is inserted after paragraph 1:
"1 bis ' Convention of the Fund, 1971": the International Convention on the Establishment of an International Fund for Compensation for Damages Caused by Hydrocarbon Pollution, 1971. As regards States Parties to the Protocol of 1976 the expression shall be understood to include the Fund Convention, 1971, as amended by that Protocol. '
3. Paragraph 2 is replaced by the following:
" 2. 'Vessel', 'person', 'owner', 'hydrocarbons', 'pollution damage', 'preventive measures', 'events' and 'Organisation': terms and expressions which are the meaning of Article I of the Civil Liability Convention, 1992 ".
4. Paragraph 4 is replaced by the following:
" 4. 'Account unit' means an expression having the same meaning as in paragraph 9 of Article V of the Civil Liability Convention, 1992. '
5. Paragraph 5 is replaced by the following:
" 5. 'Ship to ship' means an expression having the same meaning as in paragraph 10 of Article V of the Civil Liability Convention, 1992. '
6. Paragraph 7 is replaced by the following:
" 7. 'guarantor' means any person providing insurance or other financial security to cover the liability of the owner, in accordance with the provisions of Article VII (1) of the Civil Liability Convention, 1992. '
ARTICLE 3o. Article 2 of the Fund Convention, 1971, is amended as follows:
Paragraph 1 is replaced by the following text:
" 1 By this Convention, an 'International Fund for damages due to oil pollution, 1992' is hereby called 'the Fund', for the following purposes:
(a) Indemnification of victims of damage caused by pollution to the extent that the protection established by the Civil Liability Convention, 1992, is insufficient;
b) Achieve the related objectives stipulated in this Convention. "
ARTICLE 4. Article 3o is replaced. of the Fund Convention, 1971, by the following text:
" This convention shall apply exclusively to:
a) Damage caused by pollution:
i) In the territory of a Contracting State, including its territorial sea, and
(ii) In the exclusive economic zone of a Contracting State established in accordance with international law, or, if a Contracting State has not established such an area, in an area beyond the territorial sea of that State and adjacent to the territorial sea determined by that State in accordance with international law and which does not extend beyond 200 nautical miles counted from the baselines from which the width of the territorial sea of the said sea is measured Status;
b) Preventive measures, wherever they are taken, to prevent or minimize such damage. "
ARTICLE 5o. The heading that precedes items 4. to 9o. The Fund Convention, 1971, is amended by the deletion of words "and redress".
ARTICLE 6o. Article 4o. The Fund Convention, 1971, is amended as follows:
1. In paragraph 1, the five references to the "Liability Convention" are replaced by references to the "Civil Liability Convention, 1992".
2. Paragraph 3 is replaced by the following:
" 3. If the Fund proves that the damage caused by contamination was due in whole or in part to the action or omission of the person who suffered them, who acted in this way with the intention of causing them, or the negligence of that person, the Fund may be fully or partially exonerated from their obligation to indemnify that person. In any event, the Fund shall be exonerated in so far as the owner of the vessel has been exonerated pursuant to Article III, paragraph 3, of the Civil Liability Convention, 1992. However, there shall be no such exemption from the Fund for preventive measures. "
3. Paragraph 4 is replaced by the following:
" 4. (a) Unless otherwise provided in sub-paragraphs (b) and (c) of this paragraph, the total amount of compensation payable by the Fund under this Article shall be limited, in relation to any event, in such a way that the sum total of the amount and the amount of compensation actually paid under the Civil Liability Convention, 1992, in respect of the damage caused by pollution falling within the scope of this Convention, defined in Article 3, does not exceed 135 million units of account;
(b) Except as otherwise provided in subparagraph (c), the total amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of a nature exceptional, unavoidable and irresistible will not exceed 135 million units of account;
(c) The maximum amount of compensation referred to in sub-paragraphs (a) and (b) shall be 200 million units of account in relation to any event occurring during a period of time when the circumstances of the event have occurred. three parties to this Convention in respect of which the relevant combined quantity of hydrocarbons subject to the contribution received by persons in the territories of such parties, during the current calendar year, has been equal to or greater than 600 millions of tonnes;
(d) The accrued interest in respect of a fund constituted in accordance with Article 5 (3) of the Civil Liability Convention, 1992, if any, shall not be taken into account for the determination of the maximum compensation payable by the Fund under this Article;
(e) The amounts referred to in this Article shall be converted into national currency using the value of the currency in question in relation to the Special Drawing Right, on the date of the decision of the Assembly of the Fund. about the first compensation payment date. "
4. Paragraph 5 is replaced by the following:
" 5. If the amount of claims which have been recognised against the Fund exceeds the total amount of compensation payable under paragraph 4, the amount available shall be distributed in such a way that the ratio between a claim recognised and the amount of compensation actually paid by the claimant under this agreement is equal for all claimants. "
5. Paragraph 6 is replaced by the following:
" 6. The Assembly of the Fund may, in exceptional cases, agree to the payment of compensation under this Convention, even if the owner of the vessel has not established a fund in accordance with Article V (3) of the Convention. Civil Liability, 1992. In this case paragraph 4 (e) of this Article shall apply as appropriate. "
ARTICLE 7o. Article 5o is deleted. of the Fund Convention, 1971.
ARTICLE 8o. Article 6o. The Fund Convention, 1971, is amended as follows:
1. In paragraph 1, the number of the paragraph and the words 'or the remedies provided for in Article 5o are deleted.'.
2. Paragraph 2 is deleted.
ARTICLE 9o. Article 7o. The Fund Convention, 1971, is amended as follows:
1. In paragraphs 1, 3, 4 and 6, the seven references to the "Civil Liability Convention" are replaced by reference to the "Civil Liability Convention, 1992".
2. In paragraph 1, the words "or of redress under Article 5o shall be deleted."
3. In the first sentence of paragraph 3, the words 'or of redress' and 'or in Article 5o' shall be deleted.
4. In the second sentence of paragraph 3, the words 'or Article 5, paragraph 1' shall be deleted.
ARTICLE 10. In Article 8o. of the Fund Convention, 1971, the reference to the "Liability Convention" is replaced by a reference to the "Civil Liability Convention, 1992".
ARTICLE 11. Article 9o. The Fund Convention, 1971, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1. The Fund may, in respect of any amount of compensation for pollution damage incurred by the Fund in accordance with Article 4 (1) of this Convention, acquire, by virtue of the Convention of Civil liability, 1992, the rights of the person thus compensated against the owner or his guarantor. "
2. In paragraph 2, the words "or compensation" are deleted.
ARTICLE 12. Article 10 of the Fund Convention, 1971, is amended as follows:
The initial sentence of paragraph 1 is replaced by the following text:
" The annual contributions to the Fund shall be paid, in respect of each Contracting State, by any person who during the calendar year referred to in Article 12 (2) (a) or (2) (b) has received hydrocarbons subject to contribution in amounts which in total exceed 150,000 tonnes. '
ARTICLE 13. Article 11 of the Fund Convention, 1971, is deleted.
ARTICLE 14. Article 12 of the Fund Convention, 1971, is amended as follows:
1. In the initial sentence of paragraph 1, the words 'for each of the persons referred to in Article 10' shall be deleted.
2. In paragraph 1 (i), sub-paragraphs (b) and (c), the words "or in Article 5o." shall be deleted and the words "15 million francs" shall be replaced by the words "four million units of account".
3. Paragraph 1 (ii) (b) is deleted.
4. In paragraph 1 (ii) sub-paragraph (c) becomes the (b) and sub-paragraph (d) becomes the (c).
5. The initial sentence of paragraph 2 is replaced by the following:
" The Assembly shall determine the total amount of the contributions to be imposed. On the basis of this decision, the Director shall calculate, in respect of each Contracting State, the amount of the annual contribution of each of the persons referred to in Article 10. "
6. Paragraph 4 is replaced by the following:
" 4. The annual contribution shall start due on the date to be determined in the Fund's Rules of Procedure. The Assembly may set a different payment date. "
7. Paragraph 5 is replaced by the following:
" 5. Under the conditions laid down in the Financial Regulation of the Fund, the Assembly may decide that transfers shall be made between the funds received in accordance with Article 12.2 (2) (a) and the funds received in accordance with Article 12.2 (b). "
8. Paragraph 6 is deleted.
ARTICLE 15. Article 13 of the Fund Convention, 1971, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1. The amount of any contribution to be made pursuant to Article 12 and this overdue interest shall be interest at a rate to be established in accordance with the Fund's Rules of Procedure, with different rates for different circumstances. "
2. In paragraph 3, the words "Articles 10 and 11" are replaced by the words "Articles 10 and 12" and the words "a period exceeding three months" shall be deleted.
ARTICLE 16. A new paragraph 4 is added to Article 15 of the Fund Convention, 1971:
" 4. Where a Contracting State fails to comply with its obligation to transmit to the Director the communication referred to in paragraph 2 and a financial loss for the Fund is derived, that Contracting State shall be obliged to indemnify the Fund from that loss. The Assembly shall, in the opinion of the Director, decide whether the Contracting State concerned shall pay the compensation. "
ARTICLE 17. Article 16 of the Fund Convention, 1971, is replaced by the following:
"The Fund shall consist of an Assembly and a Secretariat, at the front of which shall be a Director."
ARTICLE 18. Article 18 of the Fund Convention, 1971, is amended as follows:
1. The words 'Subject to the provisions of Article 26', as set out in the first sentence of the Article, shall be deleted.
2. Paragraph 8 is deleted.
3. Paragraph 9 is replaced by the following:
" 9. To establish the temporary or permanent auxiliary bodies which it considers necessary, to determine their respective mandates and to confer upon them the authority necessary to carry out the tasks assigned to them; establishing such bodies, the Assembly shall endeavour to achieve an equitable geographical distribution of these members and to ensure that the Contracting States in respect of which the largest quantities of hydrocarbons subject to contribution are duly represented; the Rules of Procedure of the Assembly may apply mutatis mutandis to the work of such auxiliary bodies. "
4. In paragraph 10, the words "of the Executive Committee" shall be deleted.
5. In paragraph 11, the words 'to the Executive Committee' shall be deleted.
6. Paragraph 12 is deleted.
ARTICLE 19. Article 19 of the Fund Convention, 1971, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1. The Assembly shall meet in regular session once each calendar year, upon convocation by the Director. "
2. In paragraph 2, the words "of the Executive Committee" shall be deleted.
ARTICLE 20. Articles 21 to 27 of the Fund Convention, 1971, and the titles of those items are deleted.
ARTICLE 21. Article 29 of the Fund Convention, 1971, is amended as follows:
1. Paragraph 1 is replaced by the following:
" 1. The Director shall be the Fund's highest administrative officer. Subject to the instructions received by the Assembly, he shall perform the duties assigned to him by this Convention, the Rules of Procedure of the Fund and the Assembly. "
2. In paragraph 2 e) the words "or the Executive Committee" shall be deleted.
3. In paragraph 2 (f) the words "or the Executive Committee as appropriate" shall be deleted.
4. Paragraph 2 (g) is replaced by the following:
"g) Elaborate in consultation with the President of the Assembly a report on the activities of the Fund corresponding to the previous calendar year, and publish this report".
5. In paragraph 2 (h) the words "of the Executive Committee" shall be deleted.
ARTICLE 22. In paragraph 1 of Article 31 of the Fund Convention, 1971, the words "in the Executive Committee and" are deleted.
ARTICLE 23. Article 32 of the Fund Convention, 1971, is amended as follows:
1. The words "and in the Executive Committee" are deleted in the initial sentence.
2. In paragraph (b) the words "and the Executive Committee" shall be deleted.
ARTICLE 24. Article 33 of the Fund Convention, 1971, is amended as follows:
1. Paragraph 1 is deleted.
2. Paragraph 2 deletes the paragraph numbering.
3. Sub-paragraph (c) is replaced by the following:
"(c) The creation of auxiliary bodies under Article 18, paragraph 9, and issues relating to such creation."
ARTICLE 25. Article 35 of the Fund Convention, 1971, is replaced by the following:
" The compensation claims provided for in Article 4 (o) shall not be promoted against the Fund. for events occurring after the date of entry into force of this Convention, before 120 days have elapsed from that date. '
ARTICLE 26. Following Article 36 of the Fund Convention, 1971, four new articles are inserted, the text of which is as follows:
" Article 36a
The following transitional provisions shall apply during the period, hereinafter referred to as the transitional period, beginning with the date of entry into force of this Convention and ending with the date on which the complaints take effect. stipulated in Article 31 of the 1992 Protocol amending the Fund Convention, 1971:
(a) In the application of paragraph 1 (a) of Article 2o. of this Convention, the reference to the Convention on Civil Liability, 1992, shall include references to the International Convention on Civil Liability, born of damages due to oil pollution, 1969, in its original version or in its form as amended by the 1976 Protocol corresponding to that Convention (referred to in this Article as 'Convention of Civil Liability, 1969') and also to the Fund Convention, 1971;
(b) Where damage is caused by pollution falling within the scope of this Convention, the Fund shall compensate any person who has suffered damage caused by pollution only to the extent that it is not has been able to obtain full and sufficient compensation under the provisions of the Civil Liability Convention, 1969, the Fund Convention, 1971 and the Civil Liability Convention, 1992, well understood as regards damages caused by pollution falling within the scope of this Convention in respect of a Party to this Convention which is not a Party to the Fund's Convention, 1971, the Fund shall indemnify any person who has suffered damage caused by pollution only to the extent that the Fund would not have been able to obtain full compensation and sufficient if that State had been a Party to each of the above Conventions;
(c) In the application of Article 4. of this Convention the amount to be taken into account when determining the total value of the compensation to be paid by the Fund shall also include any amount of compensation actually paid under the Civil Liability Convention, 1969, if that payment was made and the amount of compensation actually paid or deemed to have been paid under the Fund's Convention, 1971;
(d) Paragraph 1 of Article 9 (1). This Convention shall also apply to rights under the Convention on Civil Liability, 1969.
Article 36b
1. Subject to the provisions of paragraph 4 of this Article, the total amount of annual contributions payable in respect of hydrocarbons subject to contributions received in a single Contracting State during a calendar year shall not exceed the 27.5% of the total amount of annual contributions in accordance with the 1992 Protocol amending the Fund's 1971 Convention, in respect of that calendar year.
2. If the application of the provisions of paragraphs 2 and 3 of this Article gives rise to the total amount of contributions payable by taxpayers of a single Contracting State in respect of a given calendar year exceeding 27,5% of the total annual contributions, the contributions to be paid by all the taxpayers of that State shall be reduced in proportion to the total of those contributions equal to 27,5% of the total annual contributions to the Fund with respect to that year.
3. If the contributions payable by the persons of a given Contracting State are reduced in accordance with the provisions of paragraph 2 of this Article, the contributions to be paid by persons from all other States Contractors shall be increased pro rata in such a way that the total amount of contributions payable by all persons obliged to contribute to the Fund in respect of the calendar year in question shall be equal to the total amount of the contributions decided upon. for the Assembly.
4. The provisions of paragraphs 1 to 3 of this Article shall apply until the total quantity of hydrocarbons subject to contribution received in all the Contracting States in a calendar year amounts to 750 million tonnes or up to a period of five years has elapsed since the date of entry into force of the 1992 Protocol, if the latter occurs before.
Article 36c
Notwithstanding the provisions of this Convention, the following provisions shall apply to the administration of the Fund during the period in which the Fund's Convention, 1971, and this Convention are in force:
(a) The Secretariat of the Fund established under the Fnndo Convention, 1971 (hereinafter referred to as the '1971 Fund'), shall also be able to perform the functions of the Secretariat and the Director of the Fund;
(b) If, in accordance with subparagraph (a), the Secretariat and the Director of the 1971 Fund also perform the duties of the Secretariat and the Director of the Fund, the Fund, in cases where a conflict of interest may arise between the Fund 1971 and the Fund shall be represented by the President of the Assembly of the Fund;
(c) Neither the Director nor the staff and experts appointed by him who perform his duties under this Convention and the Fund Convention, 1971, shall be deemed to have infringed the provisions of Article 30 of this Convention, to the extent that they perform their duties in accordance with this Article;
(d) The Assembly of the Fund shall endeavour not to take decisions which are incompatible with those taken by the Assembly of the Fund 1971. If differences of opinion on common administrative matters arise, the Assembly of the Fund shall seek to reach a consensus with the Assembly of the Fund 1971, in a spirit of mutual cooperation and taking into account the common objectives of the Fund. both organizations;
(e) The Fund may acquire by succession the rights, obligations and assets of the Fund 1971, if so decided by the Assembly of the Fund 1971, in accordance with Article 44, paragraph 2, of the Fund Convention, 1971;
(f) The Fund shall reimburse the 1971 Fund for all expenditure and costs arising from the administrative services performed by the Fund 1971 on behalf of the Fund.
Article 36d
FINAL CLAUSES
Articles 28 to 39 of the 1992 Protocol amending the Fund Convention, 1971, shall constitute the final clauses of this Convention. References to the Contracting States in this Convention shall be construed as references to the Contracting States of the said Protocol. '
1. The Fund Convention, 1971, and this Protocol shall be read and interpreted among the parties to this Protocol as constituting a single document.
2. Articles 1 to 36d of the Fund Convention, 1971, as amended by this Protocol, shall have the designation of an international convention on the establishment of an international fund for damages due to Hydrocarbon pollution, 1992 (Fund Convention, 1992).
FINAL CLAUSES
ARTICLE 28. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, OR ACCESSION.
1. This Protocol shall be open for signature by all States which have signed the Convention on Civil Liability, 1992, from 15 January 1993 to 14 January 1994 in London.
2. Subject to the provisions of paragraph 4, this Protocol 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 Protocol may accede to it.
4. Only States which have ratified, accepted or approved the Civil Liability Convention, 1992, or acceded to it, may ratify, accept or approve this Protocol or accede to it.
5. Ratification, acceptance, approval or accession shall be effected by the deposit of the official instrument which comes before the Secretary-General of the Organization.
6. A State which is a party to this Protocol but which is not party to the Fund's Convention, 1971, shall be bound by the provisions of the Fund Convention, 1971, as amended by this Protocol, in relation to the other parties to the this Protocol, but shall not be bound by the provisions of the Fund Convention, 1971, with respect to the Parties to that Convention.
7. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the Fund Convention, 1971, as amended by this Protocol, shall be deemed applicable to the Convention in its form amended by this Protocol as amended by that amendment.
ARTICLE 29. INFORMATION REGARDING THE HYDROCARBON SUBJECT TO CONTRIBUTION.
1. Prior to the entry into force of this Protocol for a State, that State, when depositing the instrument referred to in Article 28, paragraph 5, and thereafter on an annual basis to be fixed by the Secretary-General of the Organization, shall communicate to this the name and address of the persons whom the rdspecto of that State is required to contribute to the Fund under Article 10 of the Fund Convention, 1971, as amended by this Protocol, thus as data relating to the quantities of hydrocarbons subject to the contribution received by them in the territory of that State during the preceding calendar year.
2. During the transitional period, the Director shall communicate annually to the Secretary-General of the Organization, as regards the parties, data relating to the quantities of hydrocarbons subject to contributions received by persons who are required to contribute to the Fund under Article 10 of the Fund Convention, 1971, as amended by this Protocol.
1. This Protocol shall enter into force 12 months after the date on which the following requirements have been met:
(a) At least eight States shall have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General of the Organization; and
(b) The Secretary-General of the Organization shall have been informed, in accordance with Article 29, that persons who are required to contribute to the Fund under Article 10 of the Fund Convention, 1971, as amended For this Protocol, a total quantity of at least 450 million tonnes of hydrocarbon subject to contribution has been received during the preceding calendar year.
2. However, this Protocol shall not enter into force before the entry into force of the Convention on Civil Liability, 1992.
3. For any State ratifying, accepting or approving this Protocol or acceding to it after the conditions relating to the entry into force of paragraph 1 have been fulfilled, this Protocol shall enter into force 12 months after the date of entry into force of this Protocol. the State concerned has deposited the appropriate instrument.
4. Any State, at the time of deposit of its instrument of ratification, acceptance or approval of this Protocol or of accession thereto, may declare that such instrument shall not take effect for the purposes of this Article until the period of six months referred to in Article 31 has ended.
5. Any State which has made a declaration in accordance with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization. Such withdrawal shall take effect on the date on which the notification is received, and it shall be understood that any State carrying out such withdrawal has deposited on that date its instrument of ratification, acceptance, approval or accession in respect of the present Protocol.
6. It shall be understood that any State which has made a declaration in accordance with Article 13 (2) of the 1992 Protocol which amends the Civil Liability Convention, 1969, has also made a declaration in accordance with the provisions of the paragraph 4 of this Article. The withdrawal of a declaration made pursuant to that Article 13, paragraph 2, shall also be deemed to constitute a withdrawal pursuant to paragraph 5 of this Article.
ARTICLE 31. DENUNCIATION OF THE CONVENTIONS OF 1969 AND 1971. Subject to the provisions of Article 30, within a period of six months after the date on which the following requirements have been met:
(a) That at least eight States have been incorporated in this Protocol or have deposited with the Secretary-General of the Organization instruments of ratification, acceptance, approval or accession, already subject to the provisions of this Protocol. in Article 30, paragraph 4, regardless of this, and
b) That the Secretary-General of the Organization has received information, in accordance with Article 29, that persons who are or would be required to contribute to the Fund under Article 10 of the Fund Convention, 1971, in their As amended by this Protocol, a total amount of at least 750 million tonnes of hydrocarbons subject to contribution has been received during the preceding calendar year,
each party to this Protocol and each State which has deposited an instrument of ratification, acceptance, approval or accession, already subject to the provisions of Article 30, paragraph 4, irrespective of this, shall denounce the Convention. of the Fund, 1971, and the Civil Liability Convention, 1969, for such denunciation to take effect 12 months after the expiry of the said six-month period, if it is party to such conventions.
ARTICLE 32. REVISION AND AMENDMENT.
1. The organisation may convene a conference to review or amend the Fund's Convention, 1992.
2. The Organization shall convene a conference of Contracting States in order to revise or amend the Fund Convention, 1992, at the request of not less than one third of the Contracting States.
ARTICLE 33. AMENDMENT OF THE COMPENSATION LIMITS.
1. At the request of at least one quarter of the Contracting States, the Secretary-General shall distribute among all the members of the organization and all the Contracting States any proposal intended to amend the limits of the amounts of compensation provided for in Article 4 (4) of the Fund Convention, 1971, as amended by this Protocol.
2. Any proposed and distributed amendments, as just stated, shall be submitted for examination to the Legal Committee of the organisation at least six months after the date of its distribution.
3. All Contracting States to the Fund Convention, 1971, as amended by this Protocol, whether or not they are members of the organization, shall be entitled to participate in the deliberations of the Legal Committee whose purpose is to examine and approve amendments.
4. Amendments shall be adopted by a majority of two-thirds of the Contracting States present and voting in the Legal Committee, as extended as provided for in paragraph 3, provided that at least half of the Contracting States are present in the time of the vote.
5. In its decision on proposals to amend the limits, the Legal Committee shall take into account the experience of the events and, in particular, the extent of the damage resulting from them, and the fluctuation recorded in the value of the currency. Account shall also be taken of the relationship between the limits referred to in Article 4 (4) of the Fund Convention, 1971, as amended by this Protocol, and those laid down in Article V (1) of the Convention. international liability for civil liability arising from damages due to oil pollution, 1992.
6. (a) No amendments relating to the limits proposed under this Article shall be examined before 15 January 1998 or within a period of less than five years from the date of entry into force of an earlier amendment introduced pursuant to this Article. No amendments proposed under this Article shall be examined before the entry into force of this Protocol.
(b) No limit may be increased to exceed the amount corresponding to the limit laid down in the Fund Convention, 1971, as amended by this Protocol, increased by 6% per year, calculated as if compound interest, as from 15 January 1993.
(c) No limit may be increased to exceed the amount corresponding to the limit laid down in the Fund Convention, 1971, as amended by this Protocol, multiplied by three.
7. The Organization shall notify all Contracting States of any amendment adopted in accordance with paragraph 4. The amendment shall be deemed to have been accepted at the end of a period of 18 months from the date of notification, unless in that period no less than one quarter of the States which were Contracting States at the time of the adoption the amendment by the Legal Committee has communicated to the Organization that they do not accept such an amendment, in which case the amendment shall be deemed to be rejected and shall not have any effect.
8. A charge deemed accepted in accordance with paragraph 7 shall enter into force eighteen months after its acceptance.
9. All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with Article 34, paragraphs 1 and 2, at least six months before the amendment enters into force. Such denunciation shall take effect when the said amendment enters into force.
10. Where an amendment has been approved by the Legal Committee, but the period of 18 months necessary for its acceptance has not yet elapsed, a State which has become a Contracting State during that period shall be bound by the amendment. amendment if it enters into force. A State which is a Contracting State after that period shall be bound by any amendment which has been accepted in accordance with paragraph 7. In the cases referred to in this paragraph, a State shall begin to be bound by an amendment when it enters into force, or where this Protocol enters into force in respect of that State, if the date on which the latter occurs is back.
1. This agreement may be denounced by either party at any time from the date it enters into force for that party.
2. The complaint shall be made by depositing an instrument with the Secretary-General of the Organization.
3. The denunciation shall take effect twelve months after the date on which the instrument of denunciation has been deposited with the Secretary-General of the Organization, or any other period greater than that which may be stipulated in that instrument. instrument.
4. It is understood that the complaint of the Civil Liability Convention, 1992, constitutes a denunciation of this Protocol. Such denunciation shall take effect on the date on which the denunciation of the Protocol of 1992 amending the Convention on Civil Liability, 1969, in accordance with Article 16 of that Protocol, takes effect.
5. It shall be understood that any Contracting State of this Protocol which has not denounced, in the form laid down in Article 31, the Fund Convention, 1971, and the Convention of Civil Liability, 1969, has denounced the present Protocol for that denunciation takes effect 12 months after the end of the six-month period referred to in that Article. From the date on which the complaints referred to in Article 31 take effect, any party to this Protocol shall be deemed to deposit an instrument of ratification, acceptance or approval of the Civil Liability Convention, 1969, or of accession thereto, has denounced this Protocol with effect from the date on which that instrument takes effect.
6. Among the parties to this Protocol, the denunciation by any of them of the Fund's Convention, 1971, pursuant to Article 41 of the Fund shall not be construed in any way as a denunciation of the Fund's Convention, 1971, as amended by the present protocol.
7. Notwithstanding the denunciation of this Protocol which a party may carry out in accordance with this Article, the provisions of the Protocol relating to the obligation to contribute under Article 10 of the Fund Convention, 1971, in its as amended by this Protocol, by an event referred to in Article 12 (2) (b) of that Convention in its amended form and which occurs before the denunciation takes effect, shall continue to apply.
