For The 1992 Protocol On The Amendment To The 1971 International Convention On The Establishment Of An International Fund For Oil Pollution Compensation In

Original Language Title: Par 1992.gada Protokolu par grozījumiem 1971.gada Starptautiskajā konvencijā par starptautiskā fonda nodibināšanu naftas piesārņojuma radīto zaudējumu kompensācijai

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 The Saeima has adopted and the President promulgated the following laws: For the 1992 Protocol on the amendment to the 1971 International Convention on the establishment of an International Fund for oil pollution compensation in article 1. 1992 27 November in London signed a Protocol on amendments to the 1971 International Convention on the establishment of an International Fund for oil pollution compensation (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. By law to be put to the Protocol and its article 27 referred to in the second paragraph of the Convention in English and their translation into Latvian language. 3. article. The Ministry of Foreign Affairs is the responsible authority, in accordance with article 29 of the Protocol requirements shall inform the Secretary-General of the International Maritime Organization on payments to requesting parties. Ministry of transportation provides the necessary information to these requirements to ensure compliance. 4. article. This Protocol shall enter into force on the 30th for the period specified in article and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The law adopted by the Parliament in 1998 of 26 February. The President g. Ulmanis in Riga on 5 March 1998 the Protocol of 1992 to Amend the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971 the parties TO the present PROTOCOL, HAVING CONSIDERED the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971, and the 1984 Protocol the theret , HAVING NOTED that the 1984 Protocol to that Convention, which provides for improved scope and enhanced compensation, has not entered into force, AFFIRMING the importanc of maintaining the viability of the international oil pollution liability and compensation system, AWARE OF the need to ensur the entry into force of the content of the 1984 Protocol as soon as possible, RECOGNIZING the advantage for the States parties of arranging for the amended Convention to co-exist with and be supplementary to the for a transitional period, the original Convention CONVINCED that the economic consequences of pollution damage resulting from the carriage of oil in bulk at sea by ships should continue to be shared by the shipping industry and by the oil cargo interests, BEARING IN MIND the adoption of the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution damage , 1969, have AGREED AS follows: article 1 the Convention which the provision of this Protocol amend is the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971, hereinafter referred to as the "1971 Fund Convention". For States parties to the Protocol of 1976 to the 1971 Fund Convention, such reference shall be deemed to include the 1971 Fund Convention as amended by the by that Protocol. Article 2 article 1 of the 1971 Fund Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. "the 1992 Liability Convention" means the International Convention on Civil Liability for Oil Pollution damage, 1992.2. After paragraph 1 a new paragraph is inserted as follows: 1b. "1971 Fund Convention" means the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971 For States parties to the Protocol of 1976 to that Convention, the term shall be deemed to include the 1971 Fund Convention as amended by the by that Protocol. 3. Paragraph 2 is replaced by the following text: 2. "Ship", "Person", "Owner", "Oil", "Pollution damage", "Preventive Measure", the "incident" and "Organization" have the same meaning as in article I of the 1992 Liability Convention. 4. Paragraph 4 is replaced by the following text: 4. "unit of account" has the same meaning as in article V, paragraph 9, of the 1992 Liability Convention. 5. Paragraph 5 is replaced by the following text: 5. ' Ship's tonnage "has the same meaning as in article V, paragraph 10, of the 1992 Liability Convention. 6. Paragraph 7 is replaced by the following text: 7. "Guarantor" means any person providing insurance or other financial security to cover an owner's liability in pursuanc of article VII, paragraph 1, of the 1992 Liability Convention. Article 3 article 2 of the 1971 Fund Convention is amended as follows: a Paragraph 1 is replaced by the following text: 1. An International Fund for compensation for pollution damage, to be named "the International Oil Pollution Compensation Fund 1992" and hereinafter referred to as "the Fund", is hereby established with the following aims: (a) to provide compensation for pollution damage to the exten that the protection be afforded by the 1992 Liability Convention is inadequat;     (b) to give effect to the purpose of the related set out in this Convention. Article 4 Article 3 of the 1971 Fund Convention is replaced by the following text: this Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a Contracting State, and (ii) in the exclusive economic zone of a Contracting State, established in accordanc with international law, or, if a Contracting State has not established such a zone , in an area beyond and adjacent to the territorial sea of that State determined by that State in accordanc with international law and extending not more than 200 nautical miles from the baselin's from which the breadth of its territorial sea is measured;     (b) it has taken preventive measure, wherever, they prevent or minimize such damage. Article 5 the heading to articles 4 to 9 of the 1971 Fund Convention is amended by deleting the words "and article 6 indemnification of article 4 of the 1971 Fund Convention is amended as follows: 1. In paragraph 1 the five reference to" the Liability Convention "are replaced by the reference to" the 1992 Liability Convention ". 2. Paragraph 3 is replaced by the following text: 3. If the Funds in the process of that the pollution damage resulted wholly or partially either from an act or omission done with the intent to cause damage by the person who suffered the damage or from the gligenc of the person, the Fund may be exonerated wholly or partially from its obligation to pay compensation to such person. The Fund shall in any event be exonerated to the exten to that the ship owner may have been exonerated under article III, paragraph 3, of the 1992 Liability Convention. However, there shall be of such exoneration of the Fund preventive measure of it's the with regards. 3. Paragraph 4 is replaced by the following text: 4. (a) Except as otherwise provided in sub-paragraph (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the 1992 Liability Convention for pollution damage within the scope of application of this Convention as defined in article 3 shall not exceeds 100 135 million units of account.     (b) Except as otherwise provided in sub-paragraph (c), the aggregate amount of compensation payable by the Fund under this article for pollution damage resulting from a natural phenomenon of an exceptional character inevitabl and shall note 135 irresistibl exceeds 100 million units of account.     (c) the maximum amount of compensation referred to in sub-paragraph (a) and (b) shall be 200 million units of account with respect to any incident occurring during any period when there are three parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such parties, during the preceding calendar year equalled or exceeded 600 million ton,.     (d) Interest accrued on a fund constituted in accordanc with article V, paragraph 3, of the 1992 Liability Convention, if any, shall not be taken into account for the computation of the maximum compensation payable by the Fund under this article.     (e) the non is mentioned in this article shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation. 4. Paragraph 5 is replaced by the following text: 5. Where the amount of established claims against the Fund exceeds 100 for the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claiman under this Convention shall be the same for all claimant. 5. Paragraph 6 is replaced by the following text: 6. The Assembly of the Fund may decide that, in exceptional cases, compensation in accordanc with this Convention can be paid even if the owner of the ship has not constituted a fund in accordanc with article V, paragraph 3, of the 1992 Liability Convention. In such case paragraph 4 (e) of this article applies accordingly. Article 7 article 5 of the 1971 Fund Convention is deleted. Article 8 article 6 of the 1971 Fund Convention is amended as follows: 1. In paragraph 1 the paragraph number and the words "or indemnification under article 5" are deleted. 2. Paragraph 2 is deleted. Article 9 Article 7 of the 1971 Fund Convention is amended as follows: 1. In paragraphs 1, 3, 4 and 6 the seven references to "the Liability Convention" are replaced by the reference to "the 1992 Liability Convention". 2. In paragraph 1 the words "or indemnification under article 5" are deleted. 3. In the first line of paragraph 3, the words "or indemnification" and "or 5" deleted. 4. In the second line of paragraph 3, the words "or under article 5, paragraph 1.0" are deleted. Article 10 In the article 8 of the 1971 Fund Convention the reference to "the Liability Convention" is replaced by a reference to "the 1992 Liability Convention". Article 11 article 9 of the 1971 Fund Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. The Fund shall, in respect of any amount of compensation for pollution damage paid by the Fund in accordanc with article 4, paragraph 1, of this Convention, by subrogation the acquir rights that the person so compensated may enjoy under the 1992 Liability Convention against the owner or his guarantor. 2. In paragraph 2 the words "or indemnification" are deleted. Article 12 article 10 of the 1971 Fund Convention is amended as follows: the opening phrase of paragraph 1 is replaced by the following text: Annual contributions to the Fund shall be made in respect of each Contracting State by any person who, in the calendar year referred to in article 12, paragraph 2 (a) or (b), has received in total exceeding 150.000 tons to quantit Article 11: article 13 of the 1971 Fund Convention is deleted. Article 14 article 12 of the 1971 Fund Convention is amended as follows: 1. In the opening phrase of paragraph 1 the words "for each person referred to in article 10" are deleted. 2. In paragraph 1 (i), sub-paragraph (b) and (e), the words "or 5" are deleted and the word "France" with 15 million is replaced by the words "four million units of account". 3. Sub-paragraph (1) (ii) (b) is deleted. 4. In paragraph 1 (ii), sub-paragraph (e) become (b) and sub-paragraph (d) become (e). 5. The opening phrase in paragraph 2 is replaced by the following text: the Assembly shall decide the total amount of contributions to be levied. On the basis of that decision, the Director shall, in respect of each Contracting State, calculate for each person referred to in article 10, the amount of his annual contributions: 6. Paragraph 4 is replaced by the following text: 4. The annual contribution shall be due on the date to be let down in the Internal regulations of the Fund. The Assembly may decide on a different date of payment. 7. Paragraph 5 is replaced by the following text: 5. The Assembly may decide, under conditions to be let down in the Financial Regulations of the Fund, to make transfers between funds received in accordanc with article 12.2 (a) and funds received in accordanc with article 12.2 (b). 8. Paragraph 6 is deleted. Article 15 article 13 of the 1971 Fund Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. The amount of any contributions due under article 12 and which is in arrear shall bear interest at a rate which shall be determined (a) in accordanc with the Internal regulations of the Fund, provided that different rates may be fixed for different circumstanc 2. In paragraph 3 the words "articles 10 and 11" are replaced by the words "articles 10 and 12" and the words "for a period exceeding three months" are deleted. Article 16 (A) in the new paragraph 4 is added to article 15 of the 1971 Fund Convention: 4. Where a Contracting State does not fulfill its obligation to submit to the Director the communication referred to in paragraph 2 and this results in a financial loss for the Fund, that Contracting State shall be liabl to the Fund for compensat such loss. The Assembly shall, on the recommendations of the Director, such compensation shall be decide whethers payable by that Contracting State. Article 17 article 16 of the 1971 Fund Convention is replaced by the following text: "the Fund shall have an Assembly and a Secretariat headed by a Director. Article 18 article 18 of the 1971 Fund Convention is amended as follows: 1. In the opening line of the article the words ", subject to the provision of article 26," are deleted. 2. Paragraph 8 is deleted. 3. Paragraph 9 is replaced by the following text: 9. the temporary or permanent establish any subsidiary body it may consider it to be not defined it in the cessary, terms of reference and to give it the authority needed to perform the functions entrusted to it; When appointing the members of such body, the Assembly shall endeavour to secure an equitable distribution of members and their location ensur that the Contracting States, in respect of which the largest are the quantit of contributing to oil being received, the appropriately represented; the rules of Procedure of the Assembly may be applied, mutatis mutandis, for the work of such subsidiary body; 4. In paragraph 10, the words ", the Executive Committee," are deleted. 5. In paragraph 11, the words "the Executive Committee" are deleted. 6. Paragraph 12 is deleted. Article 19 article 19 of the 1971 Fund Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. Regular sessions of the Assembly shall take place once every calendar year upon convocation by the Director. 2. In paragraph 2 the words "of the Executive Committee or" are deleted. Article 20 articles 21 to 27 of the 1971 Fund Convention and the heading to these articles are deleted. Article 21 Article 29 of the 1971 Fund Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. The Director shall be the chief administrative officer of the Fund. Subject to the instructions given to him by the Assembly, he shall perform those functions which are assigned to him by this Convention, the Internal regulations of the Fund and the Assembly. 2. In paragraph 2 (e), the words "or the Executive Committee" are deleted. 3. In paragraph 2 (f), the words "or to the Executive Committee, as the case may be," are deleted. 4. Paragraph 2 (g) is replaced by the following text: (g) prepare, in consultation with the Chairman of the Assembly, and publish a report of the activities of the Fund during the previous calendar year; 5. In paragraph 2 (h), the words "the Executive Committee" are deleted. Article 22 In article 31, paragraph 1, of the 1971 Fund Convention, the words "on the Executive Committee and" are deleted. Article 23 article 32 of the 1971 Fund Convention is amended as follows: 1. In the opening phrase the words "and the Executive Committee" are deleted. 2. In sub-paragraph (b), the words "and the Executive Committee" are deleted. Article 24 Article 33 of the 1971 Fund Convention is amended as follows: 1. Paragraph 1 is deleted. 2. In paragraph 2 the paragraph number is deleted. 3. Sub-paragraph (c) is replaced by the following text: (c) the establishment of subsidiary bodies, under article 18, paragraph 9, and matters relating to such establishment. Article 25 article 35 of the 1971 Fund Convention is replaced by the following text: claims for compensation under article 4 arising from incidents occurring after the date of entry into force of this Convention may not be brough against the Funds earlier than the one hundred and twentieth day after that date. Article 26 After article 36 of the 1971 Fund Convention four new articles are inserted as follows: article 36 bis the following transitional provision shall apply in the period the, hereinafter referred to as the transitional period, commencing with the date of entry into force of this Convention and ending with the date on which the denunciation provided for in article 31 of the 1992 Protocol to amend the 1971 Fund Convention take effect : (a) In the application of paragraph 1 (a) of article 2 of this Convention, the reference to the 1992 Liability Convention shall include reference to the International Convention on Civil Liability for Oil Pollution damage, 1969, either in its original version or as amended by the Protocol of the 1976 theret (referred to in this article as "the 1969 Liability Convention"), and also the 1971 Fund Convention.     (b) where an incident has caused pollution damage within the scope of this Convention, the Fund shall pay compensation to any person suffering pollution damage only if, and to the exten to that, such person has been unable to obtain full and an adequat compensation for the damage under the terms of the 1969 Liability Convention, the 1971 Fund Convention and the 1992 Liability Convention , provided that, in respect of pollution damage within the scope of this Convention in respect of (a) a Party to this Convention but not a Party to the 1971 Fund Convention, the Fund shall pay compensation to any person suffering pollution damage only if, and to the exten to that person, such would have been unable to obtain full and had that Status of adequat compensation been party to each of the above-mentioned Convention.     (c) In the application of article 4 of this Convention, the amount to be taken into account in determining the aggregate amount of compensation payable by the Fund shall also include the amount of compensation actually paid under the 1969 Liability Convention, if any, and the amount of compensation actually paid or deemed to have been paid under the 1971 Fund Convention.     (d) Paragraph 1 of article 9 of this Convention shall also apply to the rights enjoyed under the 1969 Liability Convention. Article 36 ter 1. Subject to paragraph 4 of this article, the aggregate amount of the annual contributions payable in respect of contributing oil received in a single Contracting State during a calendar year shall not exceeds 100 27.5% of the total amount of annual contributions pursuan to the 1992 Protocol to amend the 1971 Fund Convention, in respect of that calendar year. 2. If the application of the provision in paragraph 2 and 3 of article 12 would result in the aggregate amount of the contributions payable by contributors in a single Contracting State in respect of a given calendar year exceeding 27.5 ~ o of the total annual contributions, the contributions payable by all contributors in that State shall be reduced pro rata so that their aggregate contributions of 27.5% of the total equal annual contributions to the Fund in respect of that year. 3. If the contributions payable by persons in a given Contracting State shall be reduced to the paragraph 2 of the pursuan article, the contributions payable by persons in all other Contracting States shall be increased pro rata so as to ensur that the total amount of contributions payable by all persons liabl to contribute to the Fund in respect of the calendar year in question will reach the total amount of contributions decided by the Assembly. 4. The provision in paragraph 1 to 3 of this article shall operate until the total quantity of contributing oil received in all Contracting of States in a calendar year has reached 750 million tons or until a period of 5 years after the date of entry into force of the said 1992 Protocol has elapsed, whichever is earlier occure. Article 36 Notwithstanding the provision in the quater of this Convention, the following shall apply to the provision of the administration of the Fund during the period in which both the 1971 Fund Convention and this Convention with the in force: (a) the Secretariat of the Fund, established by the 1971 Fund Convention (hereinafter referred to as "the 1971 Fund), headed by the Director, may also function as the Secretariat and the Director of the Fund.     (b) If, in accordanc with sub-paragraph (a), the Secretariat and the Director of the 1971 Fund also perform the function of Secretariat and Director of the Fund, the Fund shall be represented, in cases of conflict of interests between the 1971 Fund and the Fund, by the Chairman of the Assembly of the Fund.     (c) the Director and the staff and experts appointed by him, performing their duties under this Convention and the 1971 Fund Convention, shall not be regarded as contravening the provision of article 30 of this Convention in so far as they discharge their duties in accordanc with this article.     (d) the Assembly of the Fund shall endeavour not to take a decision in which the incompatibl with decision taken by the Assembly of the 1971 Fund. If a difference of opinion with respect to common administrative issues «arise, the Assembly of the Fund shall try to reach a consensus with the Assembly of the 1971 Fund, in a spirit of mutual co-operation and with the common aim of both organizations in mind.     (e) the Fund may succeed to the rights, obligations and assets of the 1971 Fund if the Assembly of the 1971 Fund so decide, in accordanc with article 44, paragraph 2, of the 1971 Fund Convention.     (f) the Fund shall reimburs to the 1971 Fund all costs and expense arising from the administrative services performed by the 1971 Fund on behalf of the Fund. Article 36 quinquies of the final Final clauss clauss of this Convention shall be articles 28 to 39 of the Protocol of 1992 to amend the 1971 Fund Convention. Reference in this Convention to Contracting States shall be taken to mean a reference to the Contracting States of that Protocol. Article 27 1. The 1971 Fund Convention and this Protocol shall, as between the parties to this Protocol, be read and interpreted together as one single instrument. 2. Articles 1 to 36 quinquies of the 1971 Fund Convention as amended by this Protocol shall be known as the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1992 (1992 Fund Convention). The FINAL article of the COMMISSION 28 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open for signature at London from 15 January 1993 to 14 January 1994 by any State which has signed the 1992 Liability Convention. 2. Subject to paragraph 4, this Protocol shall be ratified, accepted or approved by States which have signed it. "3. Subject to paragraph 4, this Protocol is open for accession by States which did not sign it. 4. This Protocol may be ratified, accepted, approved or acceded to only by States which have ratified, accepted, approved or acceded to the 1992 Liability Convention. 5. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organization. 6. A State which is a Party to this Protocol but is not a Party to the 1971 Fund Convention shall be bound by the provision of the 1971 Fund Convention as amended by this Protocol in relations to other parties of the heret, but shall not be bound by the provision of the 1971 Fund Convention in relations the parties theret. 7. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the 1971 Fund Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment. Article 29 Information on contributing oil 1. Before this Protocol comes into force for a State, that State shall, when depositing an instrument referred to in article 28, paragraph 5, and annually thereafter at a date to be determined by the Secretary-General of the Organization, communicate to him the name and address of any person who in respect of that State would be liabl to contribute to the Fund to their article 10 pursuan of the 1971 Fund Convention as amended by this Protocol as well as data on the relevant quantit of contributing oil received by any to such person in the territory of that State during the preceding calendar year. 2. During the transitional period, the Director shall, for parties, communicate annually to the Secretary-General of the Organization of the data on contributing oil received a quantit by persons liabl to contribute to the Fund to their article 10 pursuan of the 1971 Fund Convention as amended by this Protocol. Article 30 Entry into force 1 this Protocol shall enter. into force twelve months following the date on which the following requirements are fulfilled: (a) at least eight States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization: and (b) the Secretary-General of the Organization has received information in accordanc with article 29 that those persons who would be liabl to contribute to the article 10 pursuan of the 1971 Fund Convention as amended by This Protocol have received during the preceding calendar year a total quantity of at least 450 million tons of contributing oil. 2. However, this Protocol shall not enter into force before the 1992 Liability Convention has entered into force. 3. For each State which ratif, accept, approve or accede to this Protocol after the conditions in paragraph 1 for entry into force have been met, the Protocol shall enter into force twelve months following the date of the deposit by such State of the appropriate instrument. 4. Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession in respect of this Protocol declare that such instrument shall not take effect for the purpose of this article until the end of the six-month period in article 31.5. Any State which has made a declaration in accordanc with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization. Any such withdrawals shall take effect on the date the notification is received, and any State making such withdrawals shall (a) be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date. 6. Any State which has made a declaration under article 13, paragraph 2, of the Protocol of 1992 to amend the 1969 Liability Convention shall be deemed to have also made a declaration under paragraph 4 of this article. Withdrawals of a declaration under the said article 13, paragraph 2, shall be deemed the constitut-withdrawals also under paragraph 5 of this article. Article 31 Denunciation of the 1969 and 1971 Convention is subject to article 30, within six months following the date on which the following requirements are fulfilled: (a) at least eight States have become parties to this Protocol or have deposited instruments of ratification, acceptance, approval or accession with the Secretary General of the Organization, whethers or not subject to article 30 , paragraph 4, and (b) the Secretary-General of the Organization has received Information m accordanc with article 29 that those persons who are or would be liabl to contribute to the article 10 pursuan of the 1971 Fund Convention as amended by this Protocol have received during the preceding calendar year a total quantity of at least 750 million tons of contributing oil; Each Party to this Protocol and each State which has deposited an instrument of ratification, acceptance, approval or accession, whethers or not subject to article 30, paragraph 4, shall, if party a, theret denounc the 1971 Fund Convention and the 1969 Liability Convention with effect twelve months after the expiry of the above-mentioned six-month period. Article 32 Revision and Amendment 1 A Conference for the purpose of revising or amending the 1992 Fund Convention may be convened by the Organization. 2. The Organization shall a conven Conference of Contracting States for the purpose of revising or amending the 1992 Fund Convention at the request of not less than one third of all Contracting States. Article 33 amendment of compensation limits 1. Upon the request of at least one quarter of the Contracting States, any proposal to amend the limits of non of compensation let down in article 4, paragraph 4, of the 1971 Fund Convention as amended by this Protocol shall be circulated by the Secretary-General to all members of the Organization and to all Contracting States. 2. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization for considerations at a date at least six months after the date of its circulation. 3. All Contracting States to the 1971 Fund Convention as amended by this Protocol, whethers or not members of the Organization, shall be entitled to participat in the proceedings of the Legal Committee for the adoption of amendments and considerations. 4. Amendments shall be adopted by a two-thirds majority a of the Contracting States present and voting in the Legal Committee, expanded as provided for in paragraph 3, on condition that at least one-half of the Contracting States shall be present at the time of voting. 5. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom and changes in the monetary values. It shall also take into account the relationship between the limits in article 4, paragraph 4, of the 1971 Fund Convention as amended by this Protocol and those in article V, paragraph 1 of the International Convention on Civil Liability for Oil Pollution damage, 1992 (a) 6 of the amendment of the limits under this article may be considered before 15 January 1998 nor less than five years from the date of entry into force of a previous amendment under this Article. Of the amendment under this article shall be considered before this Protocol has entered into force.     (b) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the 1971 Fund Convention as amended by this Protocol increased by six per cent per year calculated on a compound basis from 15 January 1993.     (c) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the 1971 Fund Convention as amended by this Protocol multiplied by three. 7. Any amendment adopted in accordanc with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification unless within that period of not less than one-quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they do not accept the amendment in which case the amendment is rejected for an and shall have no effect. 8. An amendment deemed to have been accepted in accordanc with paragraph 7 shall enter into force eighteen months after its acceptance. 9. All Contracting States shall be bound by the amendment, unless they denounc in this Protocol in accordanc with article 34, paragraphs 1 and 2, at least six months before the amendment to enter into force. Such denunciation shall take effect when the amendment to enter into force. 10. When an amendment has been adopted by the Legal Committee but the eighteen-month period for its acceptance has not yet expired, a State which become a Contracting State during that period shall be bound by the amendment if it enter into force. (A) the State which become a Contracting State after that period shall be bound by an amendment which has been accepted in accordanc with paragraph 7. In the cases referred to in this paragraph, a State bound by an amendment of the law when that amendment enter into force, or when this Protocol enter into force for that State, if later. Article 34 Denunciation 1 this Protocol may be denounced by any Party at any time after the date on which it will enter into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary General of the Organization. 3. A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General of the Organization. 4. the Denunciation of the 1992 Liability Convention shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which denunciation of the Protocol of 1992 to amend the 1969 Liability Convention takes effect according to article 16 of that Protocol. 5. Any Contracting State to this Protocol which has not denounced the 1971 Fund Convention and the 1969 Liability Convention as required by article 31 shall be deemed to have denounced this Protocol with effect twelve months after the expiry of the six-month period mentioned in that article. As from the date on which the denunciation provided for in article 31 take effect, any Party to this Protocol which deposits an instrument of ratification, acceptance, approval or accession to the 1969 Liability Convention shall be deemed to have denounced this Protocol with effect from the date on which such instrument takes effect. 6. As between the parties to this Protocol, denunciation by any of them of the 1971 Fund Convention in accordanc with article 41 thereof shall not be construed in any way as a denunciation of the 1971 Fund Convention as amended by this Protocol. 7. Notwithstanding a denunciation of this Protocol by a Party pursuan to this article, any provision of this Protocol relating to the obligation to make contributions under article 10 of the 1971 Fund Convention as amended by this Protocol with respect to an incident referred to in article 12, paragraph 2 (b), of the Convention and an amended occurring before the denunciation takes effect shall continue to apply. Article 35 Extraordinary sessions of the Assembly, 1. Any Contracting State may, within ninety days after the deposit of an instrument of denunciation the result of which it will consider significantly increase the level of contributions for the remaining Contracting States, request the Director to conven an extraordinary session of the Assembly. The Director shall conven the Assembly to meet not later than sixty days after receipt of the request. 2. The Director may, on his own initiative conven, an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if he consider that such denunciation will result in a significant increase in the level of contributions of the remaining Contracting States. 3. If the Assembly at an extraordinary session convened in accordanc with paragraph 1 or 2 of that decide the denunciation will result in a significant increase in the level of contributions for the remaining Contracting States, any such State may, not later than one hundred and twenty days before the date on which the denunciation takes effect, denounc this Protocol with effect from the same date. Article 36 1. This Protocol shall Termination cease to be in force on the date when the number of Contracting States falls below three. 2. States which are bound by this Protocol on the day before the date it cease to be in force shall enable the Fund to exercise its functions as described under article 37 of this Protocol and shall, for that purpose only, remain bound by this Protocol. Article 37 the Winding up of the Fund 1. If this Protocol cease to be in force, the Fund shall not vertheles: (a) meet its obligations in respect of any incident occurring before the Protocol ceased to be in force;     (b) be entitled to exercise its rights to contributions to the exten the that these contributions are not the cessary to meet obligations under the sub-paragraph (a), including expense for the administration of the Fund shall not for this purpose cessary. 2. The Assembly shall take all appropriate measure to complete the winding up of the Fund including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund. 3. For the purpose of this article the Fund shall remain a legal person. Article 38 Depositary 1 this Protocol and any amendments accepted under article 33 of the shall be deposited with the Secretary-General of the Organization. 2. The Secretary-General of the Organization shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument together with the date thereof;         (ii) each declaration and notification under article 30 including declarations and withdrawals deemed to have been made in accordanc with that article;         (iii) the date of entry into force of this Protocol;         (iv) the date by which denunciation provided for in article 31 with required to be made;         (v) any proposal to amend limits of non of compensation which has been made in accordanc with article 33, paragraph 1;         (vi) any amendment which has been adopted in accordanc with article 33, paragraph 4;         (vi) any amendment deemed to have been accepted under article 33, paragraph 8, together with the date on which that amendment shall enter into force in accordanc with paragraphs 8 and 9 of that article;         (VIII) the deposit of an instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect;         (ix) any denunciation deemed to have been made under article 34, paragraph 5;         (x) any communication called for by any article in this Protocol;     (b) transmit certified true cop out of this Protocol to all Signatory States and to all States which accede to the Protocol. 3. As soon as this Protocol enter into force, the text shall be transmitted by the Secretary General of the Organization to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 39 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Done AT LONDON this twenty-seventh day of November one thousand nine hundred and ninety-two. In WITNESS WHEREOF the undersigned being duly authorized for that purpose have signed this Protocol.

International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1992 "the States parties to the present Convention, BEING parties to the international Convention on Civil Liability for Oil Pollution damage, adopted at Brussels on 29 November 1969, conscious of the danger of pollution posed by the world-wide maritime carriage of oil in bulk, CONVINCED of the need to ensur that the compensation is adequat available persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships , CONSIDERING that the International Convention of 29 November 1969 on Civil Liability for Oil Pollution, damage, by providing a regime for compensation for pollution damage in Contracting States and for the costs of the measure, taken to prevent, wherever or minimize such damage, a considerabl represent progress towards the achievement of this aim, CONSIDERING However that this regime does not afford full compensation for oil pollution damage of the victim in all cases while it's an additional financial burden on impost shipowner to CONSIDERING FURTHER that, the economic consequences of oil pollution damage resulting from the escape or discharge of oil carried in bulk at sea by ships should not exclusively be borne by the shipping industry but should be borne in part by the oil cargo interests, CONVINCED of the need to file a compensation and indemnification elaborat system supplementary to the International Convention on Civil Liability for Oil Pollution damage with a view to ensuring that full compensation will be available to victim of oil pollution incident and that the shipowner with at the same time given relief in respect of the additional financial burden is imposed on them by the said Convention, TAKING note of the Resolution on the establishment of an International Compensation Fund for Oil Pollution damage which was adopted on 29 November 1969 by the International Legal Conference on Marine Pollution damage , Have AGREED as follows: article I General Provision For the purpose of this Convention: 1. "the 1992 Liability Convention" means the International Convention on Civil Liability for Oil Pollution damage, 1992 "1971 Fund Convention 1" means the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971 For States parties to the Protocol of 1976 to that Convention the term shall be deemed, to include the 1971 Fund Convention as amended by that Protocol. 2. "Ship", "Person", "Owner", "Oil", "Pollution damage", "Preventive Measure", the "incident", and "Organization" have the same meaning as in article I of the 1992 Liability Convention. 3. "Contributing Oil" means crude oil and fuel oil as defined in sub-paragraph (a) and (b) below: (a) "Crude Oil" means any liquid hydrocarbon mixtur is occurring naturally in the earth or not treated to render it whethers suitabl for transportation. It also includes crude oil from which certain fraction of the distillat have been removed (referred to as "of similar background topped crud") or a fraction of it which certain distillat have been added (referred to as "spiked of similar background" or "reconstituted" crud "). (b) "Fuel Oil" means heavy or residu of distillat from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the "American Society for Testing and materials Specification for Number Four Fuel Oil ' (Designation D 396-69)", or heavier. 4. the "unit of account" has the same meaning as in article V, paragraph 9, of the 1992 Liability Convention. 5. ' Ship's tonnage "has the same meaning as in article V, paragraph 10, of the 1992 Liability Convention. 6. the "Tone" in relations, it means a metric ton of oil. 7. the "Guarantor" means any person providing insurance or other financial security to cover an owner's liability in pursuanc of article VII, paragraph I, of the 1992 Liability Convention. 8. "Terminal Installation" means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated off-shore and linked to such a site. 9. Where an incident will consist of a series of occurrence shall be treated as though of having occurred on the date of the first such occurrence. Article 2 1. An International Fund for compensation for pollution damage, to be named "the International Oil Pollution Compensation Fund 1992" and hereinafter referred to as "the Fund", is hereby established with the following aims: (a) to provide compensation for pollution damage to the exten that the protection be afforded by the 1992 Liability Convention is inadequat; (b) to give effect to the purpose of the related set out in this Convention. 2. The Fund shall in each Contracting State be recognized as a legal person capable under the laws of that State of assuming rights and obligations and of being a party in legal proceedings before the courts of that State. Each Contracting State shall recognize the Director of the Fund (hereinafter referred to as "the Director") as the legal representative of the Fund. Article 3 this Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a Contracting State, and (ii) in the exclusive economic zone of a Contracting State, established in accordanc with international law, or, if a Contracting State has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordanc with international law and extending not more than 200 nautical miles from the baselin's from which the breadth of its territorial sea is measured; (b) it has taken preventive measure, wherever, they prevent or minimize such damage. Compensation article 4 1. For the purpose of fulfilling its function under article 2, paragraph There), the Fund shall pay compensation to any person suffering pollution damage if such person has been unable to obtain full and an adequat compensation for the damage under the terms of the 1992 Liability Convention, (a) because of the liability for the damage under the 1992 Liability «arise of the Convention; (b) because the owner liabl for the damage under the 1992 Liability Convention is financially incapabl of meeting his obligations in full and any financial security that may be provided under article VII of that Convention does not cover or is insufficient to satisfy the claims for compensation for the damage; an owner being treated as financially incapabl of meeting his obligations and a financial security being treated as insufficient if the person suffering the damage has been unable to obtain full satisfaction of the amount of compensation due under the 1992 Liability Convention after having taken all reasonable steps to pursu the legal remedies available to him; (c) because the damage exceeds 100 for the owner's liability under the 1992 Liability Convention as limited to article V pursuan, paragraph I, of the Convention or under a the terms of any other international Convention in force or open for signature, ratification or accession at the date of this Convention. Expense reasonably incurred or reasonably of the sacrifice made by the owner voluntarily to prevent or minimize pollution damage shall be treated as pollution damage for the purpose of this article. 2. The Fund shall incur from the obligation under the preceding paragraph if: (a) it's in the process that the pollution damage resulted from an act of war, civil wars or insurrections, hostilit or was caused by oil which has escaped or been discharged from a ship owned or operated fuels Pakistan or others by a State and used, at the time of the incident , only on Government non-commercial service; or (b) the claiman cannot be prov that the damage resulted from an incident involving one or more ships. 3. If the Funds in the process of that the pollution damage resulted wholly or partially either from an act or omission done with the intent to cause damage by the person who suffered the damage or from the gligenc of the person, the Fund may be exonerated wholly or partially from its obligation to pay compensation to such person. The Fund shall in any event be exonerated to the exten the that the shipowner may have been exonerated under article 3, paragraph m, of the 1992 Liability Convention. However, there shall be of such exoneration of the Fund preventive measure of it's the with regards. (a) Except as otherwise provided in sub-paragraph (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the 1992 Liability Convention for pollution damage within the scope of application of this Convention as defined in article 3 shall not exceeds 100 135 million units of account. (b) Except as otherwise provided in sub-paragraph (c), the aggregate amount of compensation payable by the Fund under this article for pollution damage resulting from a natural phenomenon of an exceptional, inevitabl and character shall not exceeds 100 irresistibl 135 million units of account. (c) the maximum amount of compensation referred to in sub-paragraph (a) and (b) shall be 200 million units of account with respect to any incident occurring during any period when there are three parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such parties, during the preceding calendar year equalled or exceeded 600 million ton,. (d) Interest accrued on a fund constituted in accordanc with article V, paragraph 3, of the 1992 Liability Convention, if any, shall not be taken into account for the computation of the maximum compensation payable by the Fund under this article. (e) the non is mentioned in this article shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation. 5. Where the amount of established claims against the Fund exceeds 100 for the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claiman under this Convention shall be the same for all claimant. 6. The Assembly of the Fund may decide that, in exceptional cases, compensation in accordanc with this Convention can be paid even if the owner of the ship has not constituted a fund in accordanc with article V, paragraph 3, of the 1992 Liability Convention. In such case paragraph 4 (e) of this article applies accordingly. 7. The Fund shall, at the request of a Contracting State, use it for the good not the axis of the cessary Office to assist that State to secure promptly such personnel, material and services as not to enable the cessary for the State to take measure to prevent pollution damage arising or mitigat is from an incident in respect of which the Fund may be called upon to pay compensation under this Convention. 8. The Fund may on condition it be let down in the Internal regulations provide credit facilities with a view to the taking of preventive measure against pollution of the damage arising from a particular incident in respect of which the Fund may be called upon to pay compensation under this Convention. Article 5 (deleted) article 6 rights to compensation under article 4 shall be extinguished unless an action is brough to a notification thereunder or has been made to article 7 pursuan, paragraph 6, within three years from the date when the damage occurred. However, in no case shall an action be from brough after six years from the date of the incident which caused the damage. Article 7 1. Subject to the subsequent provision of this article, any action against the Fund for compensation under article 4 of this Convention shall be brough only before a court competent under article IX of the 1992 Liability Convention in respect of actions against the owner who is or who would, but for the provision of article Iii, paragraph 2 of that Convention, have been liabl for pollution damage caused by the relevant incident. 2. Each Contracting State shall ensur that its courts do not posses the jurisdiction it entertains cessary such action against the Fund as are referred to in paragraph i.3. Where an action for compensation for pollution damage has been brough to before a court competent under article IX of the 1992 Liability Convention against the owner of a ship or his guarantor, such court shall have exclusive jurisdictional competence over any action against the Fund for compensation under the provision of article 4 of this Convention in respect of the same damage. However, where an action for compensation for pollution damage under the 1992 Liability Convention has been brough to before a court in a State Party to the 1992 Liability Convention but not to this Convention, any action against the Fund under article 4 of this Convention shall at the option of the be brough to claiman either before a Court of the State where the Fund has its headquarters or before any Court of a State Party to this Convention under competent Article IX of the 1992 Liability Convention. 4. Each Contracting State shall ensur that the Fund shall have the right to (a) a party to any interven as legal proceedings instituted in accordanc with article IX of the 1992 Liability Convention before a competent court of that State against the owner of a ship or his guarantor. 5. Except as otherwise provided in paragraph 6, the Fund shall not be bound by any judgement or decision in proceedings to which it has not been a party or by any settlement to which it is not a party. 6. Without prejudice to the provision of paragraph 4, where an action under the 1992 Liability Convention for compensation for pollution damage has been brough against an owner or his guarantor before a competent court in a Contracting State, each party to the proceedings shall be entitled under the national law of that State to notify the Fund of the proceedings. Where such notification has been made in accordanc with the required by the law to formalit of the court seized and in such time and in such a manner that the Fund has in fact been in a position effectively to interven as a party to the proceedings, any judgement rendered by the Court in such proceedings shall, after it has become final and enforceabl in the State where the judgement was given , become binding upon the Fund in the sense that the facts and finding in that judgement may not be disputed by the Fund even if the Fund has not actually intervened in the proceedings. Article 8 subject to any decision concerning the distribution referred to in article 4, paragraph 5, any judgement given against the Fund by a court having jurisdiction in accordanc with article 7, paragraphs (I) and 3, shall, when it has become enforceabl in the State of origin and is in that State no longer subject to ordinary forms of review, be recognized and enforceabl in each Contracting State on the same conditions as are prescribed in article X of the 1992 Liability Convention. Article 9 1. The Fund shall, in respect of any amount of compensation for pollution damage paid by the Fund in accordanc with article 4, paragraph (I), of this Convention, by subrogation the acquir rights that the person so compensated may enjoy under the 1992 Liability Convention against the owner or his guarantor. 2. Nothing in this Convention shall prejudice any right of subrogation or recourses of the Fund against persons other than those referred to in the preceding paragraph. In any event the right of the Fund to subrogation against such person shall not be less than a favourabl that of an insurer of the person to whom compensation has been paid. 3. Without prejudice to any other rights of subrogation or recourses against the Fund which may exist, a Contracting State or agency thereof which has paid compensation for pollution damage in accordanc with provision of national law IR acquir by subrogation the rights which the person so compensated would have enjoyed under this Convention. Contributions article 10 1. Annual contributions to the Fund shall be made in respect of each Contracting State by any person who, in the calendar year referred to in article 12, paragraph 2 (a) or (b), has received in total exceeding 150.000 ton of quantit to: (a) in the port or terminal installation in the territory of that State contributing oil carried by sea to such port or terminal installation; and (b) in any installation is situated in the territory of that Contracting State contributing oil which has been carried by sea and discharged in a port or terminal installation of a non-Contracting State, provided that contributing oil shall only be taken into account by virtue of this sub-paragraph on first receipt in a Contracting State after its discharge in that non-Contracting State. 2. (a) For the purpose of paragraph (I), where the quantity of contributing oil received in the territory of a Contracting State by any person in a calendar year when aggregated with the quantity of contributing oil received in the same Contracting State in that year by any associated person or persons exceeds 100 to 150.000 tons, such person shall pay contributions in respect of the actual quantity received by him notwithstanding that that quantity did not exceeds 100 150.000 ton. (b) "Associated person" means any subsidiary or commonly controlled entity. The questions a person come within the whethers a definition shall be determined by the national law of the State concerned. Article 11 (deleted) article 12 1. With a view to assessing the amount of annual contributions due, if any, and taking account of the not sufficient liquid funds to maintain them cessity, the Assembly shall for each calendar year make an estimate in the form of a budget of Expenditure: (i) (a) and the expense of Costa the administration of the Fund in the relevant year and any raises from operations in preceding years; (b) payments to be made by the Fund in the relevant year for the satisfaction of claims against the Fund due under article 4, including repaymen on loans previously taken by the Fund for the satisfaction of such claims, to the exten the that the aggregate amount of such claims in respect of any one incident does not exceeds 100 four million units of account; (c) payments to be made by the Fund in the relevant year for the satisfaction of claims against the Fund due under article 4, including repayments on loans previously taken by the Fund for the satisfaction of such claims, to the exten the that the aggregate amount of such claims in respect of any one incident is in excess of four million units of account; (ii) income (a) funds from operations surpl in preceding years, including any interest; (b) the annual contributions, if required to balance the budget; (c) any other income. 2. The Assembly shall decide the total amount of contributions to be levied. On the basis of that decision, the Director shall, in respect of each Contracting State, calculate for each person referred to in article 10, the amount of his annual contribution: (a) in so far as the contribution is for the satisfaction of payments referred to in paragraph (l) (i) (a) and (b) on the basis of a fixed sum for each ton of contributing oil received in the relevant State by such person during the calendar year of the preceding; and (b) in so far as the contribution is for the satisfaction of payments referred to in paragraph (l) (i) (c) of this article on the basis of a fixed sum for each ton of contributing oil received by such person during the calendar year preceding that in which the incident in question occurred, provided that State was a Party to this Convention at the date of the incident. 3. The sum referred to in paragraph 2 above shall be arrived at by dividing the relevant total amount of contributions required by the total amount of contributing oil received in all Contracting States in the relevant year. 4. The annual contribution shall be due on the date to be let down in the Internal regulations of the Fund. The Assembly may decide on a different date of payment. 5. The Assembly may decide, under conditions to be let down in the Financial Regulations of the Fund, to make transfers between funds received in accordanc with article 12.2 (a) and funds received in accordanc with article 12.2 (b). Article 13 (I). The amount of any contributions due under article 12 and which is in arrear shall bear interest at a rate which shall be determined (a) in accordanc with the Internal regulations of the Fund, provided that different rates may be fixed for different circumstanc. 2. Each Contracting State shall ensur that any obligation to contribute to the Fund arising under this Convention in respect of oil received within the territory of that State is fulfilled and shall take any appropriate measure under its law, including of the imposing of such sanctions as it may not be with a de cessary, view to the effective execution of any such obligation; provided, however, that such measure shall only be directed against of those persons who are under an obligation to contribute to the Fund. 3. Where a person who is liabl in accordanc with the provision of articles 10 and 12 to make contributions to the Fund does not fulfil his obligation in respect of any such contribution or any part thereof and is in arrear, the Director shall take all appropriate action against such person on behalf of the Fund with a view to the recovery of the amount due. However, where the defaulting contributor is manifestly insolven or the warrant to the otherwise so circumstanc, the Assembly may, upon recommendations of the Director, decide that no action shall be taken or continued against the contributor. Article 14 1. Each Contracting State may at the time when it deposits its instrument of ratification or accession or at any time thereafter declare that it assume the obligation itself that the incumben under this Convention on any person who is liabl to contribute to the Fund in accordanc with article 10, paragraph (I), in respect of oil received within the territory of that State. Such declaration shall be made in writing and shall specify which obligations with the assumed. 2. Where a declaration under paragraph (I) is made prior to the entry into force of this Convention in accordanc with article 40, it shall be deposited with the Secretary-General of the Organization who shall after the entry into force of the Convention communicate the declaration to the Director. 3. A declaration under paragraph (I) which is made after the entry into force of this Convention shall be deposited with the Director. 4. A declaration made in accordanc with this article may be withdrawn by the relevant State giving notice thereof in writing to the Director. Such notification shall take effect three months after the Director's receipt thereof. 5. Any State which is bound by a declaration made under this article shall, in any proceedings brough against it before a competent court in respect of any obligation specified in the declaration, waiv any immunity that it would otherwise be entitled to invoke. Article 15 1. Each Contracting State shall ensur that any persons who receive the contributing oil within its territory in such that heat quantit IR liabl to contribute to the Funds appear on a list to be established and kep up to date by the Director in accordanc with the subsequent provision of this article. 2. For the purpose of set out in paragraph (I), each Contracting State shall communicate, at a time and in the manner to be prescribed in the Internal regulations, to the Director, the name and address of any person who in respect of that State is liabl to contribute to the Fund to the article 10, pursuan as well as data on the relevant quantit of contributing oil received by any to such person during the preceding calendar year. 3. For the purpose of ascertaining who are, at any given time, the person in liabl to contribute to the Fund in accordanc with article 10, paragraph (I), and of establishing, where applicable, the quantit of oil to be taken up into the account for any such person when determining the amount of his contribution, the list shall be prima facie evidence of the facts stated therein. 4. Where a Contracting State does not fulfil its obligation to submit to the Director the communication referred to in paragraph 2 and this results in a financial loss for the Fund, that Contracting State shall be liabl to the Fund for compensat such loss. The Assembly shall, on the recommendations of the Director, such compensation shall be decide whethers payable by that Contracting State. Organization and Administration of article 16 the Fund shall have an Assembly and a Secretariat headed by a Director. Assembly article 17 the Assembly shall consis of all Contracting States to this Convention. Article 18 the functions of the Assembly shall be: 1. to elect at each regular session its Chairman and two Vice-Chairmen who shall hold office until the next regular session; 2. it will determin it own rules of procedure, subject to the provision of this Convention; 3. the Internal regulations without the adop cessary for the proper functioning of the Fund; 4. appoin the Director and make provision for the appointment of such other personnel as may be not cessary and determin the terms and conditions of service of the Director and other personnel; 5. the annual budget adop and fix the annual contributions; 6. appoin auditor and approve it to the accounts of the Fund; 7. to approve the settlements of claims against the Fund, to take decisions in respect of the distribution among claimant of the available amount of compensation in accordanc with article 4, paragraph 5, and to determin the terms and conditions according to which provisional payments in respect of claims shall be made with a view to ensuring that victim of pollution damage is compensated as promptly as possible with; 8. (deleted) to establish any temporary or 9 permanent subsidiary body it may consider it to be not defined it in the cessary, terms of reference and to give it the authority needed to perform the functions entrusted to it; When appointing the members of such body, the Assembly shall endeavour to secure an equitable distribution of members and their location ensur that the Contracting States, in respect of which the largest are the quantit of contributing to oil being received, the appropriately represented; the rules of Procedure of the Assembly may be applied, mutatis mutandis, for the work of such subsidiary body; 10. it is determin which non-Contracting States and which inter-governmental and non-governmental international organizations shall be admitted to take part, without voting rights, in meetings of the Assembly and subsidiary bodies; 11. to give instructions concerning the administration of the Fund to the Director and subsidiary bodies; 12. (deleted) 13. it the proper execution supervis of the Convention and of its own decision; 14. to perform such other functions as are allocated to It under the Convention or otherwise not the cessary for the proper operation of the Fund. Article 19 1. Regular sessions of the Assembly shall take place once every calendar year upon convocation by the Director. 2. Extraordinary sessions of the Assembly shall be convened by the Director, at the request of at least one-third of the members of the Assembly and may be convened on the Director's own initiative after consultation with the Chairman of the Assembly. The Director shall give members at least thirty days ' notice of such sessions. Article 20 (A) A majority of the members of the Assembly shall constitut a Museum for it in quor meetings. (heading deleted) Articles 21-27 (deleted) article 28 1 Secretariat. The Secretariat shall compris the Director and such staff as the administration of the Fund may require. 2. The Director shall be the legal representative of the Fund. Article 29 1. The Director shall be the chief administrative officer of the Fund. Subject to the instructions given to him by the Assembly, he shall perform those functions which are assigned to him by this Convention, the Internal regulations of the Fund and the Assembly. 2. The Director shall in particular: (a) the appoin personnels required for the administration of the Fund; (b) take all appropriate measure with a view of to the proper administration of the Fund's assets; (c) collect the contributions due under this Convention while observing in particular the provision of article 13, paragraph 3; (d) to the exten the cessary to deal not with claims against the Fund and carry out the other functions of the Fund, employ the services of legal, financial and other experts; (e) take all appropriate measure for dealing with claims against the Fund within the limits and on conditions to be let down in the Internal regulations, including the final settlement of claims without the prior approval of the Assembly where these regulations so provide; (f) prepare and submit to the Assembly the financial statements and budget estimate for each calendar year of the; (g) prepare, in consultation with the Chairman of the Assembly, and publish a report of the activities of the Fund during the previous calendar year; (h) prepare, collect and circulate the papers, documents, agenda, minutes and information that may be required for the work of the Assembly and subsidiary bodies. Article 30 In the performance of their duties the Director and the staff and experts appointed by him shall not seek or receive instructions from any Government or from any authority external to the Fund. They shall refrain from any action which might be on their positions as international reflec official. Each Contracting State on its part of the undertak respect the exclusively international character of the responsibilities of the Director and the staff and experts appointed by him, and not to seek to influence them in the discharge of their duties. Finance article 31 1. Each Contracting State shall bear the salary, travel and other expense of its own delegation to the Assembly and of its subsidiary bodies on representatives. 2. Any other expense incurred in the operation of the of the Fund shall be borne by the Fund. Voting article 32 the following provision shall apply to the voting in the Assembly: (a) each member shall have one vote; (b) except as otherwise provided in article 33, decision of the Assembly shall be by a majority vote of the members present and voting; (c) decision of where a three-fourth or a two-thirds majority is required shall be by a three-fourth of the two-thirds majority or votes, as the case may be, of those present; (d) for the purpose of this article the phrase "members present" means "members present at the meeting at the time of the vote", and the phrase "members present and voting" means "members present and casting an affirmativ or negative vote". Members who abstain from voting shall be considered as not voting. Article 33 the following decisions of the Assembly shall require a two-thirds majority: (a) a decision under article 13, paragraph 3, not to take action against (a) or continue the contributor; (b) the appointment of the Director under article 18, paragraph 4; (c) the establishment of subsidiary bodies, under article 18, paragraph 9, and matters relating to such establishment. Article 34 1. The Fund, its assets, income, including contributions, and other property in all Contracting States shall enjoy exemption from all direct taxation. 2. When the Fund makes substantial purchase of movable or immovabl property, or has the important work carried out which is not cessary for the exercise of its official activities and the cost of which includes indirect taxes or sales taxes, the Governments of the Member States shall, whenever possible, take the appropriate measure for the remission or refund of the amount of such duties and taxes. 3. the exemption shall be accorded from, in the case of duties, taxes or the payment of which merely sow constitut for public utility services. 4. The Fund shall enjoy exemption from all customs duties, taxes and other related taxes on articles imported or exported by it or on its behalf for its official use. Articles that are imported shall not be transferred either for considerations or gratis on the territory of the country into which they have been imported except on conditions agreed by the Government of that country. 5. the Person is contributing to the Fund and victim and owners of ships receiving compensation from the Fund shall be subject to the fiscal legislation of the State where they are the taxabl from special exemption or other benefit being conferred on them in this respect. 6. Information relating to individual contributor is supplied for the purpose of this Convention shall not be divulged outside the Fund except in so far as it may not be strictly cessary to enable the Fund to carry out its functions including the bringing and defending of legal proceedings. 7. Independently of existing or future regulations concerning currency or transfer, Contracting States shall authoriz the transfer and payment of any contributions to the Fund and of any compensation paid by the Fund without any restriction. Transitional Provision article 35 claims for compensation under article 4 arising from incidents occurring after the date of entry into force of this Convention may not be brough against the Funds earlier than the one hundred and twentieth day after that date. Article 36 the Secretary-General of the Organization shall conven the first session of the Assembly. This session shall take place as soon as possible after entry into force of this Convention and, in any case, not more than thirty days after such entry into force. Article 36 bis the following transitional provision shall apply in the period the, hereinafter referred to as the transitional period, commencing with the date of entry into force of this Convention and ending with the date on which the denunciation provided for in article 31 of the 1992 Protocol to amend the 1971 Fund Convention take effect: (a) In the application of paragraph 1 (a) of article 2 of this Convention , the reference to the 1992 Liability Convention shall include reference to the International Convention on Civil Liability for Oil Pollution damage, 1969, either in its original version or as amended by the Protocol of the 1976 theret (referred to in this article as "the 1969 Liability Convention '), and also the 1971 Fund Convention. (b) where an incident has caused pollution damage within the scope of this Convention, the Fund shall pay compensation to any person suffering pollution damage only if, and to the exten to that, such person has been unable to obtain full and an adequat compensation for the damage under the terms of the 1969 Liability Convention, the 1971 Fund Convention and the 1992 Liability Convention , provided that, in respect of pollution damage within the scope of this Convention in respect of (a) a Party to this Convention but not a Party to the 1971 Fund Convention, the Fund shall pay compensation to any person suffering pollution damage only if, and to the exten to that person, such would have been unable to obtain full and had that Status of adequat compensation been party to each of the above-mentioned Convention. (c) In the application of article 4 of this Convention, the amount to be taken into account in determining the aggregate amount of compensation payable by the Fund shall also include the amount of compensation actually paid under the 1969 Liability Convention, if any, and the amount of compensation actually paid or deemed to have been paid under the 1971 Fund Convention. (d) in Paragraph (I) of article 9 of this Convention shall also apply to the rights enjoyed under the 1969 Liability Convention. Article 36 ter 1. Subject to paragraph 4 of this article, the aggregate amount of the annual contributions payable in respect of contributing oil received in a single Contracting State during a calendar year shall not exceeds 100 27.5% of the total amount of annual contributions pursuan to the 1992 Protocol to amend the 1971 Fund Convention, in respect of that calendar year. 2. If the application of the provision in paragraph 2 and 3 of article 12 would result in the aggregate amount of the contributions payable by contributors in a single Contracting State in respect of a given calendar year exceeding 27.5% of the total annual contributions, the contributions payable by all contributors in that State shall be reduced pro rata so that their aggregate contributions equal a 27.5% of the total annual contributions to the Fund in respect of that year. 3. If the contributions payable by persons in a given Contracting State shall be reduced to the paragraph 2 of the pursuan article, the contributions payable by persons in all other Contracting States shall be increased pro rata so as to ensur that the total amount of contributions payable by all persons liabl to contribute to the Fund in respect of the calendar year in question will reach the total amount of contributions decided by the Assembly. 4. The provision in paragraph I of this article 3, it shall operate until the total quantity of contributing oil received in all Contracting of States in a calendar year has reached 750 million tons or until a period of 5 years after the date of entry into force of the said 1992 Protocol has elapsed, whichever is earlier occure. Article 36 Notwithstanding the provision in the quater of this Convention, the following shall apply to the provision of the administration of the Fund during the period in which both the 1971 Fund Convention and this Convention with the in force: (a) the Secretariat of the Fund, established by the 1971 Fund Convention (hereinafter referred to as "the 1971 Fund), headed by the Director, may also function as the Secretariat and the Director of the Fund. (b) If, in accordanc with sub-paragraph (a), the Secretariat and the Director of the 1971 Fund also perform the function of Secretariat and Director of the Fund, the Fund shall be represented, in cases of conflict of interests between the 1971 Fund and the Fund, by the Chairman of the Assembly of the Fund. (c) the Director and the staff of experts appointed by him, the arid performing their duties under this Convention and the 1971 Fund Convention, tile shall not be regarded as contravening the provision of article 30 of this Convention in so far as they discharge their duties in accordanc with this article. (d) the Assembly of the Fund shall endeavour not to take a decision in which the incompatibl with decision taken by the Assembly of the 1971 Fund. If a difference of opinion with respect to common administrative issues «arise, the Assembly of the Fund shall try to reach a consensus with the Assembly of the 1971 Fund, in a spirit of mutual co-operation and with the common aim of both organizations in mind. (e) the Fund may succeed to the rights, obligations and assets of the 1971 Fund if the Assembly of the 1971 Fund so decide the , in accordanc with article 44, paragraph 2, of the 1971 Fund Convention. (f) the Fund shall reimburs to the 1971 Fund all costs and expense arising from the administrative services performed by the 1971 Fund on behalf of the Fund. Article 36 in the Final of the clauss quinq final clauss of this Convention shall be articles 28 to 39 of the Protocol of 1992 to amend the 1971 Fund Convention. Reference in this Convention to Contracting States shall be taken to mean a reference to the Contracting States of that Protocol. FINAL Protocol of the CLAUSS of the 1992 Fund Convention to amend the 1971 article 28 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open for signature at London from 15 January 1993 to 14 January 1994 by any State which has signed the 1992 Liability Convention. 2. Subject to paragraph 4, this Protocol shall be ratified, accepted or approved by States which have signed it subject to paragraph 4,. this Protocol is open for accession by States which did not sign it. 4. This Protocol may be ratified, accepted, approved or acceded to only by States which have ratified, accepted, approved or acceded to the 1992 Liability Convention. 5. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organization. 6. A State which is a Party to this Protocol but is not a Party to the 1971 Fund Convention shall be bound by the provision of the 1971 Fund Convention as amended by this Protocol in relations to other parties of the heret, but shall not be bound by the provision of the 1971 Fund Convention in relations the parties theret. 7. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the 1971 Fund Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment. Article 29 Information on contributing oil 1. Before this Protocol comes into force for a State, that State shall, when depositing an instrument referred to in article 28, paragraph 5, and annually thereafter at a date to be determined by the Secretary-General of the Organization, communicate to him the name and address of any person who in respect of that State would be liabl to contribute to the Fund to their article 10 pursuan of the 1971 Fund Convention as amended by this Protocol as well as data on the relevant quantit of contributing oil received by any to such person in the territory of that State during the preceding calendar year. 2. During the transitional period, the Director shall, for parties, communicate annually to the Secretary-General of the Organization of the data on contributing oil received a quantit by persons liabl to contribute to the Fund to their article 10 pursuan of the 1971 Fund Convention as amended by this Protocol. Article 30 Entry into force 1 this Protocol shall enter. into force twelve months following the date on which the following requirements are fulfilled: (a) at least eight States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization; and (b) the Secretary-General of the Organization has received information in accordanc with article 29 that those persons who would be liabl to contribute to the article 10 pursuan of the 1971 Fund Convention as amended by this Protocol have received during the preceding calendar year a total quantity of at least 450 million tons of contributing oil. 2. However, this Protocol shall not enter into force before the 1992 Liability Convention has entered into force. 3. For each State which ratif, accept, approve or accede to this Protocol after the conditions in paragraph (I) for entry into force have been met, the Protocol shall enter into force twelve months following the date of the deposit by such State of the appropriate instrument. 4. Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession in respect of this Protocol declare that such instrument shall not take effect for the purpose of this article until the end of the six-month period in article 31.5. Any State which has made a declaration in accordanc with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization. Any such withdrawals shall take effect on the date the notification is received, and any State making such withdrawals shall (a) be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date. 6. Any State which has made a declaration under article 13, paragraph 2, of the Protocol of 1992 to amend the 1969 Liability Convention shall be deemed to have also made a declaration under paragraph 4 of this article. Withdrawals of a declaration under the said article 13, paragraph 2, shall be deemed the constitut-withdrawals also under paragraph 5 of this article. Article 31 Denunciation of the 1969 and 1971 Convention is subject to article 30, within six months following the date on which the following requirements (a) with at least eight States have become parties to this Protocol or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization, whethers or not subject to article 30, paragraph 4 , and fulfilled: (b) the Secretary-General of the Organization has received information in accordanc with article 29 that those persons who are or would be liabl to contribute to the article 10 pursuan of the 1971 Fund Convention as amended by this Protocol have received during the preceding calendar year a total quantity of at least 750 million tons of contributing oil; Each Party to this Protocol and each State which has deposited an instrument of ratification, acceptance, approval or accession, whethers or not subject to article 30, paragraph 4, shall, if party a, theret denounc the 1971 Fund Convention and the 1969 Liability Convention with effect twelve months after the expiry of the above-mentioned six-month period. Article 32 Revision and Amendment 1 A Conference for the purpose of revising or amending the 1992 Fund Convention may be convened by the Organization. 2. The Organization shall a conven Conference of Contracting States for the purpose of revising or amending the 1992 Fund Convention at the request of not less than one third of all Contracting States. Article 33 amendment of compensation limits 1. Upon the request of at least one quarter of the Contracting States, any proposal to amend the limits of non of compensation let down in article 4, paragraph 4, of the 1971 Fund Convention as amended by this Protocol shall be circulated by the Secretary-General to all members of the Organization and to all Contracting States. 2. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization for considerations at a date at least six months after the date of its circulation. 3. All Contracting States to the 1971 Fund Convention as amended by this Protocol, whethers or not members of the Organization, shall be entitled to participat in the proceedings of the Legal Committee for the adoption of amendments and considerations. 4. Amendments shall be adopted by a two-thirds majority a of the Contracting States present and voting in the Legal Committee, expanded as provided for in paragraph 3, on condition that at least one-half of the Contracting States shall be present at the time of voting. 5. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom and changes in the monetary values. It shall also take into account the relationship between the limits in article 4, paragraph 4, of the 1971 Fund Convention as amended by this Protocol and those in article V, paragraph (I) of the International Convention on Civil Liability for Oil Pollution damage, 1992 (a) 6 of the amendment of the limits under this article may be considered before 15 January 1998 nor less than five years from the date of entry into force of a previous amendment under this Article. Of the amendment under this article shall be considered before this Protocol has entered into force. (b) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the 1971 Fund Convention as amended by this Protocol increased by six per cent per year calculated on a compound basis from 15 January 1993 (c) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the 1971 Fund Convention as amended by this Protocol multiplied by three. 7. Any amendment adopted in accordanc with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification unless within that period of not less than one-quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they do not accept the amendment in which case the amendment is rejected for an and shall have no effect. 8. An amendment deemed to have been accepted in accordanc with paragraph 7 shall enter into force eighteen months after its acceptance. 9. All Contracting States shall be bound by the amendment, unless they denounc in this Protocol in accordanc with article 34, paragraph I and 2, at least six months before the amendment to enter into force. Such denunciation shall take effect when the amendment to enter into force. 10. When an amendment has been adopted by the Legal Committee but the eighteen-month period for its acceptance has not yet expired, a State which become a Contracting State during that period shall be bound by the amendment if it enter into force. (A) the State which become a Contracting State after that period shall be bound by an amendment which has been accepted in accordanc with paragraph 7. In the cases referred to in this paragraph, a State bound by an amendment of the law when that amendment enter into force, or when this Protocol enter into force for that State, if later. Article 34 Denunciation 1 this Protocol may be denounced by any Party at any time after the date on which it will enter into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization. 3. A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General of the Organization. 4. the Denunciation of the 1992 Liability Convention shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which denunciation of the Protocol of 1992 to amend the 1969 Liability Convention takes effect according to article 16 of that Protocol. 5. Any Contracting State to this Protocol which has not denounced the 1971 Fund Convention and the 1969 Liability Convention as required by article 31 shall be deemed to have denounced this Protocol with effect twelve months after the expiry of the six-month period mentioned in that article. As from the date on which the denunciation provided for in article 31 take effect, any Party to this Protocol which deposits an instrument of ratification, acceptance, approval or accession to the 1969 Liability Convention shall be deemed to have denounced this Protocol with effect from the date on which such instrument takes effect. 6. As between the parties to this Protocol, denunciation by any of them of the 1971 Fund Convention in accordanc with article 41 thereof shall not be construed in any way as a denunciation of the 1971 Fund Convention as amended by this Protocol. 7. Notwithstanding a denunciation of this Protocol by a Party pursuan to this article, any provision of this Protocol relating to the obligation to make contributions under article 10 of the 1971 Fund Convention as amended by this Protocol with respect to an incident referred to in article 12, paragraph 2 (b), of the Convention and an amended occurring before the denunciation takes effect shall continue to apply. Article 35 Extraordinary sessions of the Assembly, 1. Any Contracting State may, within ninety days after the deposit of an instrument of denunciation the result of which it will consider significantly increase the level of contributions for the remaining Contracting States, request the Director to conven an extraordinary session of the Assembly. The Director shall conven the Assembly to meet not later than sixty days after receipt of the request. 2. The Director may, on his own initiative conven, an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if he consider that such denunciation will result in a significant increase in the level of contributions of the remaining Contracting States. 3. If the Assembly at an extraordinary session convened in accordanc with paragraph 2 of that annex I or decide the denunciation will result in a significant increase in the level of contributions for the remaining Contracting States, any such State may, not later than one hundred and twenty days before the date on which the denunciation takes effect, denounc this Protocol with effect from the same date. Article 36 1. This Protocol shall Termination cease to be in force on the date when the number of Contracting States falls below three. 2. States which are bound by this Protocol on the day before the date it cease to be in force shall enable the Fund to exercise its functions as described under article 37 of this Protocol and shall, for that purpose only, remain bound by this Protocol. Article 37 1 of the tile lip Winding Fund. If this Protocol cease to be in force, the Fund shall not vertheles: (a) meet its obligations in respect of any incident occurring before the Protocol ceased to be in force; (b) be entitled to exercise its rights to contributions to the exten the that these contributions are not the cessary to meet obligations under the sub-paragraph (a), including expense for the administration of the Fund shall not for this purpose cessary. 2. The Assembly shall take all appropriate measure to complete the winding up of the Fund including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund. 3. For the purpose of this article the Fund shall remain a legal person. Article 38 Depositary 1 this Protocol and any amendments accepted under article 33 of the shall be deposited with the Secretary-General of the Organization. 2. The Secretary-General of the Organization shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument together with the date thereof; (ii) each declaration and notification under article 30 including declarations and withdrawals deemed to have been made in accordanc with that article; (iii) the date of entry into force of this Protocol; (iv) the date by which denunciation provided for in article 31 with required to be made; (v) any proposal to amend limits of non of compensation which has been made in accordanc with article 33, paragraph (I); (vi) any amendment which has been adopted in accordanc with article 33, paragraph 4; (vi) any amendment deemed to have been accepted under article 33, paragraph 8, together with the date on which that amendment shall enter into force in accordanc with paragraphs 8 and 9 of that article; (VIII) the deposit of an instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (ix) any denunciation deemed to have been made under article 34, paragraph 5; (x) any communication called for by any article in this Protocol; (b) transmit certified true cop out of this Protocol to all Signatory States and to all States which accede to the Protocol. 3. As soon as this Protocol enter into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 39 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
Translation of the 1992 Protocol on the amendment to the 1971 International Convention on the establishment of an International Fund for oil pollution compensation to the parties to THIS PROTOCOL, considering the 1971 International Convention on the establishment of an International Fund for oil pollution compensation and its 1984 Protocol, noting the fact that the Convention's 1984 Protocol, which defines the scope of enhanced and better compensation, not yet entered into force, approved by the international oil pollution liability and compensation systems for the conservation importance of availability realizing the need to ensure as soon as possible the content of the Protocol, 1984 entry into force, recognizing the benefits that the Member States provide the amended Convention and at the same time the original Convention and validity of original additions to the Convention during the transition period, convinced that oil tankers by sea transport losses caused by the economic consequences of Division, taking into account the shipping industry and oil cargo owners ' interests, keeping in mind the 1992 Protocol amending the International Convention on civil liability for oil pollution damage Have agreed as follows: article 1 of the Convention, as amended by the provisions of this Protocol, is the 1971 International Convention on the establishment of an International Fund for oil pollution compensation, hereinafter referred to as "the 1971 Fund Convention". In relation to the 1971 Fund Convention Protocol of 1976 to the Member States within the meaning of this reference in the 1971 Fund Convention to this Protocol contains amendments. Article 2 of the 1971 Fund Convention, article 1 is amended as follows: 1. paragraph 1 is replaced by the following: 1. "the 1992 Liability Convention" means the 1992 International Convention on civil liability for oil pollution damage. 2. After paragraph 1, insert a new paragraph is: 11. "1971 Fund Convention" means the International Convention on the establishment of an International Fund for oil pollution compensation. States — 1971 Fund Convention 1976 Protocol Parties, this term means the 1971 Fund Convention with the amendments contained in the Protocol ". 3. paragraph 2 they k replaced by the following: 2. "ship", "Person", "owner", "pollution damage", "preventive measures", "Incident" and "organisation" means the same thing as 1992 Liability Convention "in article I. 4. paragraph 4 is replaced by the following: 4. "accounting unit" means the same thing as 1992 Liability Convention in paragraph 9 of article V ". 5. paragraph 5 is replaced by the following: 5. "ship's tonnage" means what the 1992 Liability Convention article V paragraph 10. " 6. point 7 is replaced by the following: 7. the "guarantor" means any person providing insurance or other financial guarantees to cover the owner's liability under the 1992 Liability Convention article VII. Article 3 of the 1971 Fund Convention article 2 is amended as follows: a paragraph 1 is replaced by the following: 1. Is hereby established the International Fund for oil pollution compensation, referred to as "the international oil pollution compensation fund", hereinafter referred to as "the Fund") for the following purposes: (a) to establish compensation for pollution damage, taking into account the 1992 Liability Convention provided protection of inadequacy; b) achieving other objectives in this Convention. Article 4 of the 1971 Fund Convention, article 3 is replaced by the following text: this Convention is applicable only in respect of: (a)) loss from pollution resulting from: (i) in the territory, including the territorial sea, and (ii) the exclusive economic zone of a Member State, established in accordance with international law, or, if the Member State has not adopted such a zone, the territorial sea of that State and after the existing adjacent area set by that State in accordance with international law and which do not go beyond 200 nautical miles from the baselines from which the territorial sea is measured in width; (b)) the measures taken to prevent such damage. Article 5 of the 1971 Fund Convention article 4-9 names are amended by removing from them the words "and costs". Article 6 of the 1971 Fund Convention article 4 is amended as follows: 1. in paragraph 1, the five references to the "Liability Convention" are replaced by references to "the 1992 Liability Convention". 2. paragraph 3 is replaced by the following: 3. If the Fund proves that the damage from pollution, in full or in part, from the person who has suffered loss, a deliberate act or omission of the targeted actions or negligence, the Fund may be wholly or partially released from the obligation to pay compensation to such person. In any case, the Fund must be freed of its obligation in the same case, as the owner would be released under the 1992 Liability Convention to paragraph 3 of article II. However, the Fund's release from liability shall not apply to prevention measures. 3. paragraph 4 is replaced by the following: 4. (a) except where paragraph (b), and that (c) is otherwise specified in points, the total amount of compensation payable by the Fund in respect of one incident in accordance with this article must be limited in such a way that under this and the 1992 Liability Convention has already paid compensation for damage from pollution resulting from article 3 of the Convention within the scope of not exceed 135 million units of account; (b) except if paragraph (c) is otherwise provided, the total amount of compensation payable by the Fund for damages in accordance with this article, due to the inevitable and unpredictable nature of the natural phenomenon as a result of pollution caused, must not exceed 135 million units of account; (c) (a) and (b) referred to the overall amount of compensation in relation to the incident that occurred at the time when this Convention shall have at least three Member States, in respect of which the total amount of the quantity of oil received by persons in their territory during the previous calendar year, is equal to or exceeds 600 million metric tons, should not exceed 200 million units of account; (d) under the 1992 Liability Convention article V paragraph 3 created the Fund would bring the interest, if any, is not taken into account in the calculation of the maximum amount of compensation payable under this article; (e) the amounts referred to in this article shall be converted into national currency based on the value of the currency it determined with reference to the special right of occupancy unit value of the Fund at the date of adoption of the decision of the Assembly, as the first day of payment of the refund. 4. paragraph 5 is replaced by the following: 5. If the requirements for the Fund exceeds the amount laid down in paragraph 4, the total amount of compensation payable, the amount available shall be distributed in such a way that for all applicants under this Convention remain the same relationship between requirements and paid compensation. 5. paragraph 6 is replaced by the following: 6. The Assembly of the Fund may decide that, in exceptional cases, compensation in accordance with this Convention can be paid, despite the fact that the owner has not created a fund under the 1992 Liability Convention article V paragraph 3. In this case, the application of this article 4 (e). Article 7 of the 1971 Fund Convention, article 5 is turned off. Article 8 the 1971 Fund Convention article 6 is amended as follows: 1. (1) paragraph number is deleted and the words "or cost in accordance with article 5". 2. paragraph 2 is turned off. Article 9 of the 1971 Fund Convention, article 7 is amended as follows: 1. the seven references to "the liability Convention" 1, 3, 4, and 6 are replaced by references to "the 1992 Liability Convention". 2. paragraph 1 is excluded From the words "or in accordance with article 5". 3. From the first sentence of paragraph 3, the words "or be excluded costs" and "or" 5. " 4. From the second sentence of paragraph 3 is turned off, the words "or in accordance with paragraph 1 of article 5." Article 10 of the 1971 Fund Convention, article 8 refers to "the liability Convention" are replaced by the reference to "the 1992 Liability Convention". Article 11 1971 Fund Convention article 9 is amended as follows: 1. paragraph 1 is replaced by the following: 1. In respect of any of this Convention in accordance with article 4, paragraph 1, the Fund paid compensation for oil pollution damage Fund subrogation order subrogated to the rights which such compensation received in person to enjoy the owner or it is guaranteed under the 1992 Liability Convention. 2. paragraph 2 is switched off, the words "or the costs". Article 12 of the 1971 Fund Convention article 10 is amended as follows: 1. point the introductory words are replaced by the following: the annual contribution to the Fund for each Member State to be made for each person that article 12 (a) or (b) that during the calendar year, the total quantity of oil received in excess of 150 000 tons: article 13 of the 1971 Fund Convention, article 11 is turned off. Article 14 of the 1971 Fund Convention article 12 is amended as follows: 1. in paragraph 1, the introductory words "referred to in article 10 each party" is turned off. 2. (i) in paragraph (b) and (c) the words "or in subparagraphs 5." is turned off, and the words "15 million francs ' shall be replaced by the" four million units of account ". 3. (A) pakšpunkt 1 (ii) (b) is turned off. 4.1 (ii) of paragraph (c) becomes (b) and (d), of the (c). 5. in paragraph 2, the introductory words are replaced by the following text: the Assembly must determine the total amount of contributions to be collected. Based on this decision, the Director shall calculate for each person referred to in article 10, the amount of the annual contribution in respect of each Member State. 6. paragraph 4 is replaced by the following: annual contributions to be made to determine the Fund's internal rules. The Assembly may fix another date of payment. 7. paragraph 5 is replaced by the following: 5. the Assembly may, in accordance with the Financial rules of the Fund provisions to decide on transfers made between funds received in accordance with article 12 (2) (a), and funds received in accordance with article 12 (2) (b). 8. paragraph 6 is turned off. Article 15 1971 Fund Convention, article 13 is amended as follows: 1. paragraph 1 is replaced by the following: 1. in accordance with article 12 of the amount of contributions to be made that are not paid in time, are subject to interest, the amount of which is determined in accordance with the Fund's internal rules and the rates of which different circumstances may be different. 2. in paragraph 3, the words "is switched off during a period exceeding 3 months", but the words "articles 10 and 11" shall be replaced by the words "article 10 and 12". Article 16 of the 1971 Fund Convention article 15 is supplemented with a new — 4:4. If the Member State fails to comply with its obligations to submit to the Director a notice referred to in paragraph 2, and this led to a financial loss to the Fund, the Member State is obliged to compensate the losses incurred by the Fund. The Assembly, on a proposal from the Director, decide whether such compensation shall that Member State be paid. Article 17 of the 1971 Fund Convention article 16 is replaced by the following: the Fund's Assembly and a Secretariat headed by a Director. Article 18 of the 1971 Fund Convention article 18 is amended as follows: 1. the introductory phrase Of article eliminates the words "in accordance with the provisions of article 26". 2. point 8 is turned off. 3. point 9 is replaced by the following: 9) to establish any permanent or short-term exposure of the institution it considers necessary to determine the activities and powers of the responsibilities entrusted to it; the appointment of the members of such bodies, the Assembly should endeavour to maintain a reasonable balance in the geographical representation of members, as well as to seek to ensure the proper representation of the Member States for which it will receive the greatest quantity of oil; following exposure to the activities can be applied to the Assembly's procedural rules by making appropriate amendments thereto; 4. From paragraph 10 is off the word "Executive". 5. point 11 is excluded From the word "Executive". 6. paragraph 12 is turned off. 19. Article 1.971. year's Fund article 19 of the Convention is amended as follows: a paragraph 1 is replaced by the following: 1. regular sessions of the Assembly takes place once per calendar year, at the invitation of the Director. 2. paragraph 2 is switched off, the word "Executive". Article 20 Is off the 1971 Fund Convention, 21.-27. the articles and their titles. Article 21 1971 Fund Convention article 29 is amended as follows: 1. paragraph 1 is replaced by the following: 1. the Director shall be the highest administrative officer of the Fund. According to him the Assembly instructions given by the Director to perform the function that it is determined by the Convention, the internal regulations of the Fund and the Assembly. 2. From the 2nd (e) is switched off, the word "Executive". 3. From 2. (f) off the words "Executive Committee," according to need ". 4. subparagraph 2 (g) is replaced by the following: (g) prepare, in consultation with the President of the Assembly, and publish a report on the activities of the Fund during the previous calendar year; 5. From 2. (h) is switched off, the word "Executive". Article 22 of the 1971 Fund Convention article 31 paragraph 1 excludes the words "and of the Executive Committee". 23. the Fund's Convention 1971 article 32 is amended as follows: 1. From the introductory phrase, the words are excluded, "and" Executive Committee ". 2. (b) the apakšp community are excluded, the words ' and of the Executive Committee ". Article 24 1971 Fund Convention article 33 is amended as follows: 1. paragraph 1 is switched off. 2. paragraph 2 is off the point number. 3. (c) is replaced by the following: (c) the establishment of the institutions of the authority in accordance with paragraph 9 of article 18 and with the establishment of related questions. Article 25 the 1971 Fund Convention, article 35 is replaced by the following: claims for compensation in accordance with article 4, which arose in connection with the incident occurring after the date on which this Convention has entered into force, can not be submitted to the Fund earlier than one hundred twentieth day since its entry into force. Article 26 By the 1971 Fund Convention article 36 are added four new articles the following: 36.1 article during the transition period, which begins upon the date of entry into force of this Convention, and ends on the date of entry into force of the 1992 Protocol to the 1971 Convention, the amendment to article 31 denunciation must be laid down in the following transitional provisions: (a) the application of this Convention, article 2 (1) (a), the reference to the 1992 Liability Convention includes a reference to the 1969 International Convention on civil liability for oil pollution both the original version and by 1976 the amendments contained in the Protocol (this article called "1969 liability Convention"), and the 1971 Fund Convention; (b) if the incident caused damage from pollution, which is located in the field of the Convention, the Fund must pay compensation to any person who suffered a loss only and to the extent when and to what extent the person has not been able to obtain full and adequate compensation for the loss of the 1969 liability Convention, the 1971 Fund Convention and the 1992 Liability Convention draws a n o, provided for losses from pollution located in the field of the Convention in relation to States that are parties to this Convention, but not the 1971 Fund Convention, the Fund must pay compensation to any person, the k axis suffered damage only to the extent, and when and to what extent this would have received a full and adequate compensation, if this country would have been in each of the above party; (c) the application of article 4 of this Convention, the amount to be taken into account in determining the total amount of compensation payable by the Fund, include the amount of compensation already paid out under the 1969 liability Convention, if any, and which already paid or to be paid in accordance with the 1971 Fund Convention. (d) article 9 of the Convention, paragraph 1 apply also with regard to the rights set forth in the 1969 liability Convention. 36.2. in accordance with article 1 (4) of this article, the total annual contribution of each country, made oil paid for by the State received during the previous calendar year must not exceed 27.5% of the total amount of the annual contribution for that calendar year under the 1992 Protocol on the amendment to the 1971 Fund Convention. 2. where article 12 paragraphs 2 and 3 of the application would lead to a contribution for the previous calendar year, the total amount of persons from one Member State exceeding 27.5% of the total amount of contributions, the contributions payable by each offender amount must be reduced in proportion to the total volume of this amount would be equal to 27.5% of the total annual contributions to be made to the Fund. 3. If the Member State concerned person do the level of contributions is reduced in accordance with paragraph 2 of this article, any other Member State of the person for the amount of contributions to be made should be increased proportionately, it is to ensure the total whole person whose duties is to make contributions to the Fund, the level of contributions for the previous calendar year, which is equal to the total Fund of the Assembly specified in the level of contributions to be made. 4.1-3 of this article the provisions are applied to the total of the Member States in the previous year the amount paid oil reached 750 million tonnes or up to the date when the last of the 5 years since the entry into force of the Protocol of 1992 ad, whichever event occurs first. 36.3 article despite the provisions of this Convention, with respect to the administration of the Fund during the period of validity of both the 1971 Convention and this Convention, the following provisions shall apply: (a) to the 1971 Fund Convention established the Secretariat of the Fund (hereinafter "the 1971 Fund), chaired by the Director, may also act as the Secretariat of the Fund and the Director; (b) If, in accordance with (a) the Secretariat of the Fund in 1971 and also the Director of the Director and secretariat functions, in the case of a conflict of interest between the 1971 Fund and the Fund, the Fund's representative Assembly of the Fund Manager; (c) the Director and his staff recruited and the experts who carried out their duties in accordance with this Convention and the 1971 Fund Convention, shall not be considered as contrary to the existing article 30 of this Convention, the provisions so far as they are consistent with this article; (d) the Assembly of the Fund should endeavour not to take decisions which are incompatible with the 1971 Fund Assembly of the decisions taken. If there is a difference in views on common administrative matters, the Assembly of the Fund should endeavour to achieve consensus with the 1971 Fund Assembly in a spirit of mutual cooperation, bearing in mind the two organisations common goals; (e) the Fund may inherit the 1971 Fund, rights, obligations and funds if it decides the 1971 Fund Assembly according to the 1971 Fund Convention in article 44, paragraph 2; (f) the Fund must compensate for the 1971 Fund all costs and expenses incurred by it in pursuing its activities, the Fund will be interested. Article 36.4 final clauses the final provisions of this Convention are the 1992 Protocol on the amendment to the 1971 Fund Convention article 28-39. References in this Convention to Member States must be made to the Member States to that Protocol. 27. Article 1 of this Protocol, Member States of the 1971 Fund Convention and this Protocol should be considered and interpreted as one single document. 2. the amended Protocol to the 1971 Fund Convention 1.-364. articles should be considered for the 1992 International Convention on the establishment of an International Fund for oil pollution compensation (1992 Fund Convention). Final provisions article 28 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open for signature in LoNdon, starting on 15 January 1993, all States signatories to the 1992 Liability Convention. 2. in accordance with paragraph 4 of this article, this Protocol each State that signed it, is subject to ratification, acceptance or approval. 3. in accordance with paragraph 4 of this Protocol shall be open to accession by countries which have not signed it. 4. This Protocol is open to ratification, acceptance, approval or accession only States which have ratified, accepted, approved or acceded to the 1992 Liability Convention. 5. Ratification, acceptance, approval or accession is effected by appropriate instruments to the Secretary-General. 6. A State which is a Member State of this Protocol, but not the 1971 Fund Convention is bound by the Protocol, as amended by the 1971 Fund Convention in respect of other Member States, but it is not bound by the 1971 Fund Convention in relation to other States. 7. any instrument of ratification, acceptance, accession or approval, submitted after this Protocol by the 1971 Fund Convention entered into force, be deemed to apply to this Convention by that Protocol amendments. Article 29 information on oil paid Before 1 this Protocol shall enter into force with respect to a country, that country, depositing an article 28, paragraph 5, of the instruments, and then every year, the Secretary-General of the specific date to be submitted to him for any person in respect of that State would be obliged to make contributions to the Fund in accordance with the 1971 Fund Convention as amended by this Protocol, in accordance with article 10. , name, and address, as well as details of any such persons during the previous calendar year in the territory of the country received paid the relevant volumes of oil. 2. during the transitional period, the Director shall provide annually to the Secretary-General of the news about the oil amount paid received by persons who are obliged to make contributions to the Fund in accordance with the 1971 Fund Convention as amended by this Protocol, article 10. Article 30 entry into force 1 this Protocol shall enter into force twelve months from the date on which the following requirements are met: (a) at least eight States have submitted to the Secretary-General of the instrument of ratification, acceptance, approval or accession; and (b) the Secretary-General, in accordance with article 29 shall have received information that the people responsible should be done under the 1971 Fund Convention as amended by this Protocol, article 10, of the previous calendar year There have been a total of at least 450 million tons of oil charge. 2. However, this Protocol shall not enter into force before the entry into force of the 1992 Liability Convention. 3. in relation to a State which ratified this Protocol, accept, approve or accede after compliance with the requirements of paragraph 1 in respect of the entry into force, this Protocol shall enter into force twelve months from the date on which that State has submitted the relevant instrument. 4. Any State may, when depositing its instrument of ratification of this Protocol, accession, approval or acceptance of the instrument, declare that this instrument for the purpose of this article, not on the date of entry into force referred to in article 31, the six-month deadline. 5. Any State which has made a notification in accordance with the preceding paragraph may withdraw it at any time by notifying the Secretary-General. Any such withdrawal shall take effect on the date on which this notice is received, and is to be considered that any country which submitted the following cancellation, to this day if this Protocol is submitted the instrument of ratification, acceptance, approval or accession. 6. Any State which has made a notification in accordance with the 1992 Protocol amending the 1969 liability Convention, article 13, paragraph 2, shall be deemed to have committed a notice in accordance with paragraph 4 of this article. In accordance with the article 13, paragraph 2 of the notice shall be deemed to also recall under paragraph 5 of the cancellation. Article 31, 1971 and 1969 denunciation of the Convention under article 30 within six months after the date on which the following requirements are met: (a) at least eight States have become Member States of this Protocol or the Secretary-General have deposited instruments of ratification, acceptance, approval or accession, whether under article 30, paragraph 4, or not, and (b) the Secretary-General, in accordance with article 29 of the received information that the person who is, or would be required to make contributions under the 1971 Fund Convention as amended by this Protocol, article 10, is in the preceding calendar year received fees, total oil exceed 750 million tons, for each Member State to this Protocol and each country which has submitted the instrument of ratification, acceptance, approval or accession shall either, in accordance with article 30 (4) or otherwise, and if it is a member of the Convention, must be denounced by the 1971 Fund Convention and the 1969 liability Convention and the denunciation shall take effect twelve months from the above six months expiry date. Article 32 revision and Amendment 1. Organization may convene a conference with a view to revise or amend the 1992 Fund Convention. 2. the Organization should convene a Conference of the Member States with the aim to revise or amend the 1992 Convention, at the request of not less than one-third of the Member States. Article 33 amendments to the compensation limits 1. not less than one quarter of the Member States of the request by the Secretary-General to all Member States to send any proposal for the 1971 Fund Convention as amended by this Protocol, article 4, paragraph 4, the specific compensation limit amendment. 2. any proposed and in accordance with the preceding paragraph, the proposal should be sent shall be submitted to the legal Committee of the Organisation for consideration no later than six months after the date of dispatch. 3. in All, with the Protocol as amended by the 1971 Fund Convention, regardless of whether or not they are the members of the Organization, shall be entitled to participate in the work of the Committee on Legal Affairs and the adoption of the amendment. 4. amendments in the Committee on Legal Affairs, the modeled in accordance with paragraph 3, shall be taken by the Member States present and voting in a two-thirds majority, and the vote must be represented at least half of the Member States. 5. Working on a proposal for the amendment of the limit, the legal Committee shall take into account the practice of incidents and in particular the amount of damage resulting therefrom and changes in the value of the currency. It should also take into account the relationship between the 1971 Fund Convention as amended by this Protocol, article 4, paragraph 4 of the set limits and limits established for the 1992 International Convention on civil liability for oil pollution damage, in paragraph 1 of article V. 6. (a) Until 15 January 1998, as well as five years of previous referred to in this article to the entry into force of the amendment cannot be considered any amendment referred to in this article, the ceiling. Amendments to this article shall be considered before this Protocol has entered into force. (b) the Limit may not be increased so as to exceed this Protocol amended 1971 Fund Convention the appropriate limit, which increased by six percent a year, on the basis of the State on 15 January 1993. (c) the Limit may not be increased above the amount which corresponds to the limit laid down in triple a to this Protocol to the 1971 Convention. 7. The organisation must inform the Member States, each in accordance with paragraph 4 of the amendments adopted. Amendment shall be considered adopted within 18 months of the end of the period after the date on which the notification is made, unless this period of at least one quarter of the States that were States at the time of adoption of this amendment in the Committee on Legal Affairs, have not submitted a notification to the organisation that they do not accept the amendment, in which case the amendment is rejected and shall not come into effect. Amendment 8, which is regarded as accepted in accordance with paragraph 7 shall enter into force eighteen months from the date of its adoption. 9. Amendment is binding on all the Member States, provided they are within six months before the entry into force of this amendment not denounces this Protocol in accordance with article 34, paragraph 1 and 2. Such denunciation shall take effect when the amendment enters into force. 10. If, at the time of the amendment has already been adopted in the Committee on Legal Affairs, but is within eighteen months of receipt of requests, a State becomes a Member State, it is bound by the amendment if it enters into force. A State which becomes a member after this deadline shall be binding on the amendment adopted in accordance with paragraph 7. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when the State entry into force of this Protocol, if later. Article 34 denunciation 1. Any Member State may denounce this Protocol at any time after it has entered into force with respect to that country. 2. the denunciation shall be effected by depositing with the Secretary-General the instrument. 3. The denunciation shall take effect twelve months or such longer period of time, which is specified in the instrument of denunciation, after its deposit with the Secretary-General of the organisation. 4. the 1992 Liability Convention, the denunciation is deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which the denunciation takes effect in respect of the 1992 Protocol on the 1969 liability Convention is amended in accordance with article 16 of the Protocol. 5. any Member State of this Protocol, which has not denounced the 1971 Fund Convention and the 1969 liability Convention, as required by article 31, shall be deemed to be a denunciation of this Protocol, denonsējuš entry into force twelve months after the mentioned in this article within six months of the date of expiry. After the date of entry into force specified in article 31 denunciation of this Protocol, each Party shall submit to the 1969 liability Convention ratification, acceptance, approval or accession, must be considered denonsējuš this Protocol, the denunciation of its entry into force on the date of entry into force of this instrument. 6. Between the parties to this Protocol, each of them denouncing the 1971 Fund Convention in accordance with article 41, it in no way can be considered as the 1971 Fund Convention as amended by this Protocol, the denunciation. 7. Notwithstanding denunciation of this Protocol by a Member State in accordance with this article shall continue to apply the provisions of this Protocol, any obligation to make contributions in accordance with the 1971 Fund Convention as amended by this Protocol, article 10, of this Convention, as amended by article 12 (2) (b) above incident arising before the effective date of denunciation. Article 35 of the extraordinary session of the Assembly, 1. any Member State may, within ninety days after the filing of the instrument of denunciation the result of which it considers will significantly increase contributions to the remaining Contracting States, request that the Director shall convene an extraordinary session of the Assembly. The Director shall convene the Assembly not later than sixty days after receipt of the request. 2. the Director General with sixty days after the submission of the instruments of denunciation to convene an extraordinary session of the Assembly on his own initiative if he considers that the denunciation will result in a significant overall contribution to be made by Member States in volume growth. 3. If the Assembly at its special session, convened in accordance with paragraphs 1 and 2, decides that the denunciation will result in other Member States made a significant contribution to the increase, any such State may, not later than one hundred and twenty days before the date on which the denunciation to take effect, denounce this Protocol, the the denunciation of its entry into force on the same date. 36. Article 1 of the cessation of this Protocol shall cease to be in force on the day of its members become less than three. 2. the countries for which this Protocol is in force the day before it expires, you must enable the Fund to meet its functions, as set out in article 37 of this Protocol, and the Protocol they remain bound only for the following purposes. 37. Article 1 of the Fund's liquidation. If this Protocol shall cease to be in force, the Fund, despite their: (a) meet its obligations in respect of any incident occurring before this Protocol has lapsed; (b) is entitled to exercise its responsibilities against the perpetrators of the contributions so far as these contributions are needed to cover (a) the commitments referred to in subparagraph, including expenses required for the purpose of the administration of the Fund. 2. the Assembly shall take all appropriate measures to complete the winding up of the Fund, including the remaining financial distribution likewise between those individuals who committed contributions to the Fund. 3. for the purposes of this article this Fund will continue to exist as a legal person. 38. Article 1 of the deposit of the instruments of this Protocol and in accordance with article 33 all the amendments adopted should be deposited with the Secretary-General. 2. The Secretary-General: (a) inform all States which have signed this Protocol or acceded thereto of: (i) each new signature or deposit of the instrument of the facts and of the date of the deposit; (ii) each Declaration and communication under article 30 including declarations and withdrawal applications, which are considered to have been submitted in accordance with that article; (iii) the date of entry into force of the present Protocol; (iv) the date on which in accordance with article 31 denunciation to be made; (v) each under article 33 paragraph 1 expressed in the proposal to amend the limit of the amount of the refund; (vi) any amendment adopted in accordance with article 33 paragraph 4; (VII) any amendment deemed to be accepted in accordance with paragraph 7 of article 33, and the date on which this amendment to enter into force in accordance with article 8 and referred to paragraph 9; (VIII) instrument to be a denunciation of this Protocol together with the date of the deposit, and the date on which it takes effect; (ix) any denunciation deemed to be made in accordance with paragraph 5 of article 34; (x) any requested under this Protocol document; (b) transmit certified copies of this Protocol to all Member States and to all States which accede to this Protocol. 3. As soon as this Protocol enters into force, the Secretary-General transmitted the text of the registration and publication of the United Nations Secretariat in accordance with United Nations Charter article 102. Article 39 languages this Protocol is signed in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Signed in London one thousand nine hundred and ninety-two twenty-seventh day of November. In witness whereof, the undersigned [*], for this purpose, duly authorised representatives have signed this Protocol. [*] signatures are released in the International Maritime Organization at the 1992 International Convention on the establishment of an International Fund for oil pollution compensation to the countries party to this Convention, AS the International Convention on civil liability for oil pollution damage, adopted at Brussels on 29 November 1969, at parties, aware of the dangers of the pollution that creates a world full of mass transport of oil by sea, convinced of the need to ensure adequate compensation to persons , which suffered damage from oil spills from vessels, where it considered that the 29 November 1969 International Convention on civil liability for oil pollution damage, offering Member States the pollution damage and attempts to prevent or reduce these losses compensation related costs, have significant progress to achieve that objective, HOWEVER, considering that this mode of full compensation to victims of oil pollution in all cases does not provide while imposing additional financial obligations of shipowners, FOLLOWING the belief that oil cushion or spills during transportation by ship by sea, mass, this pollution damages the economic consequences should not be only the shipping industry, but also partly oil cargo owners, convinced of the need in addition to the International Convention on civil liability for oil pollution damage compensation and the cost of developing the system with the aim of providing victims of oil pollution, the availability of full compensation at the same time making it easier for owners of vessels in addition to financial obligations to those laid down by that Convention, noting the 1969 29 November International Conference on marine pollution damage adopted the resolution on the establishment of an International Fund for oil pollution compensation, have agreed as follows: article 1 the purposes of this Convention: 1. "the 1992 Liability Convention" means the 1992 International Convention on civil liability for oil pollution damage.     11. "the 1971 Fund Convention" means the International Convention on the establishment of an International Fund for oil pollution compensation. States — 1971 Fund Convention 1976 Protocol Parties, this concept means the 1971 Fund Convention with amendments contained in the Protocol. 2. "ship", "Person", "owner", "pollution damage", "preventive measures", "Incident" and "organisation" means the same thing as 1992 Liability Convention article. 3. "paid" means crude oil and fuels, as defined by the following (a) and (b) above: (a) "crude oil" means any mixture of liquid hidrokarbon that naturally arose from the ground, regardless of whether it is treated or not for transportation. It also means the crude oil from which certain distillate fractions separated or added distillate fractions known;     (b) "fuel" means heavy distillates or residues of crude oil or blends of such materials intended for use as fuel for the production of heat or energy, and which correspond to the "American society for testing and materials specification for number four fuel (D-396-69)" or is heavier than this. 4. "accounting unit" means the same thing as 1992 Liability Convention in paragraph 9 of article V. 5. ' ship's tonnage "means what the 1992 Liability Convention article V paragraph 10. 6. "ton" for oil means a metric ton. 7. "Guaranteed" means any person providing insurance or other financial guarantees to cover the owner's liability under the 1992 Liability Convention article VII. 8. "Terminal" means any object for storage of petroleum, which can take the oil from the water transportation, including any facility situated offshore and linked to this object. 9. where the incident consists of a series of occurrences, the date of this incident must be considered as the date on which the first incident occurred. 2. Article 1 is hereby established the International Fund for oil pollution compensation, referred to as "the international oil pollution compensation fund", hereinafter referred to as "the Fund", with the following objectives: (a) to establish compensation for pollution damage, taking into account the 1992 Liability Convention provided protection of inadequacy;     (b) achieving other objectives in this Convention. 2. the Fund in each of the Member States should be considered a legal person who is the legal capacity in accordance with the laws of this State and may be a party to legal proceedings in this State. Each Member State, the Director of the Fund (hereinafter "the Director") should be recognised as the legal representative of the Foundation. Article 3 this Convention shall apply only in respect of: (a) losses from pollution resulting from: (i) in the territory, including the territorial sea, and (ii) in the exclusive economic zone of a Member State, established in accordance with international law, or, if the Member State has not adopted such a zone, the territorial sea of that State and after the existing adjacent area set by that State in accordance with international law and which do not go beyond 200 nautical miles from the base lines from which the territorial sea is measured in width;     (b) the measures taken to prevent such damage. Compensation article 4 1. to make your article 2 (1) (a), of the tasks referred to in point Fund must pay compensation to any person who suffered damage from pollution, if that person has not been able to obtain full and adequate compensation for the damage under the 1992 Liability Convention provisions: (a) the fact that under the 1992 Liability Convention shall not incur liability for damages;     (b) the fact that under the 1992 Liability Convention for damages the owner the owner is financially incapable of fully comply with their obligations, and none of this Convention in accordance with article VII of the guarantees do not cover or is not sufficient to meet the requirement of loss compensation; the owner is considered to be financially unable to meet their responsibilities, and financial guarantees are considered to be insufficient, if the person who suffered the damage, after all the legal uses of the funds has not been able to receive a full refund of the amount due under the 1992 Liability Convention;     (c) because the damage exceeds the owner's obligations, as they determine the 1992 Liability Convention in paragraph 1 of article V, or under any other current or signing, ratification or accession to the International Convention of open standards. The meaning of this article made by the owner voluntarily to reasonable expenses or reasonable-donations, to prevent or reduce damage from pollution, are classed as damage from pollution. 2. The Fund shall not assume the liability under the preceding paragraph if: (a) it proves that the loss incurred from pollution, war, hostilities, civil war or insurrection or as a result of the fact that an oil spill occurred from war ships, or other State-owned or State-managed ship that incident used only during national non-commercial purposes; or (b) the claimant fails to demonstrate that the loss arose as a result of an incident involving one or more ships. 3. If the Fund proves that the damage from pollution, in full or in part, from the person who has suffered loss, a deliberate act or omission of the targeted actions or negligence, the Fund may be wholly or partially released from the obligation to pay compensation to such person (i). In any case, the Fund must be freed of its obligation in the same case, as the owner would be released under the 1992 Liability Convention to paragraph 3 of article II. However, the Fund's release from liability shall not apply to prevention measures. 4. (a) except where paragraph (b), and that (c) is otherwise specified in points, the total amount of compensation payable by the Fund in respect of one incident in accordance with this article must be limited in such a way that under this and the 1992 Liability Convention has already paid compensation for damage from pollution resulting from article 3 of the Convention set out in the operational sphere, does not exceed 135 million units of account;     (b) except if paragraph (c) is otherwise provided, the total amount of compensation payable by the Fund for damages in accordance with this article, due to the inevitable and unpredictable nature of the natural phenomenon as a result of pollution caused, must not exceed 135 million units of account;     (c) (a) and (b) referred to the overall amount of compensation in relation to the incident that occurred at the time when this Convention shall have at least three Member States, in respect of which the total amount of the quantity of oil received by persons in their territory during the previous calendar year, is equal to or exceeds 600 million metric tons, should not exceed 200 million units of account;     (d) under the 1992 Liability Convention article V paragraph 3 created the Fund would bring the interest, if any, is not taken into account in the calculation of the maximum amount of compensation payable under this article;     (e) the amounts referred to in this article shall be converted into national currency based on the value of the currency it determined with reference to the special right of occupancy unit value of the Fund at the date of adoption of the decision of the Assembly, as the first day of payment of the refund. 5. If the requirements for the Fund exceeds the amount laid down in paragraph 4, the total amount of compensation payable, the amount available shall be distributed in such a way that for all applicants under this Convention remain the same relationship between requirements and paid compensation. 6. The Assembly of the Fund may decide that, in exceptional cases, compensation in accordance with this Convention can be paid, despite the fact that the owner has not created a fund under the 1992 Liability Convention article V paragraph 3. In this case, the application of this article 4 (e). 7. At the request of a Member State, it is the responsibility of the Fund, if necessary, apply your mediation, to help this country to provide timely personnel, materials and services necessary for the State to prevent or minimize the damage from pollution, resulting from a specific incident in respect of which the obligations of the Fund in accordance with this Convention, would have to pay compensation. 8. the Fund shall be entitled, on the basis of its internal rules, provide lending facilities with the aim to take protection measures to prevent losses from pollution resulting from a particular incident in respect of which the obligations of the Fund in accordance with this Convention, would have to pay compensation. Article 5 [off] article 6 the right to compensation in accordance with article 4 shall cease to exist after three years from the moment of occurrence of loss, unless the time trial has been initiated or filed a notification based on paragraph 6 of article 7. But bring a court action claiming can not later than six years after the incident, which occurred as a result of the loss. 1. Article 7 following the points of this article, any compensation due to the Fund brought the proceedings in accordance with article 4 of this Convention may be brought only in the courts, which under the 1992 Liability Convention article IX is competent to take action against the owners of coercive, who is likely to be, but under a r 1992 Liability Convention article 3, paragraph 2, was in charge of the incident resulting in damage. 2. each Member State shall ensure that its courts with the appropriate jurisdiction, what they need to initiate the action mentioned in paragraph 1 to the Fund. 3. If the Court, which under the 1992 Liability Convention for article IX is competent, have been instituted for the resulting pollution damages against the owner of the ship or his guarantor, that Court has the exclusive legal jurisdiction for any actions directed to the Fund in respect of compensation or remuneration in respect of the same losses in accordance with article 4 of this Convention. However, if the proceedings as a result of pollution damage compensation under the 1992 Liability Convention launched a national court which is the 1992 Liability Convention but not to the present Convention, any claim against the Fund in accordance with article 4 of this Convention shall be submitted to the Court of the State in which the headquarters of the Foundation, or any one of the Member States of this Convention, the Court, which under the 1992 Liability Convention article IX requires expertise. 4. each Member State shall ensure the right of the Fund to attend the party in any proceedings in which, in accordance with the 1992 Liability Convention article IX initiated the competent court of that State against the owner of the ship or its guarantee. 5. except in the case specified in paragraph 6, the Fund shall not be bound by any judgement or decision in proceedings to which it has not participated in the decision-making party, or an arrangement in which it is not party. 6. Without prejudice to paragraph 4, if, under the 1992 Liability Convention, the competent court of a Member State have launched legal proceedings against the owner or his guarantor for the resulting pollution damages, each party to the proceedings in accordance with the national law be entitled to notify the Fund initiated proceedings. If no such notification has been made under the action of the Court requested the regulatory law formalities at such time and in such a way that the Foundation actually had any opportunity to party to participate in the proceedings in any case accepted the judgment of the Court of Justice after the country became final and enforceable, shall become binding on the Fund so that the Fund does not have the right to challenge this judgment of the facts and assumptions, even If the Fund is not directly involved in the trial. Article 8 in respect of any decision, article 4, paragraph 5, in respect of the distribution of any judgment against the Fund, adopted by the Court, which has a article 7(1) and (3) the appropriate jurisdiction, after its adoption in the country become enforceable and are no longer subject to this country by the usual appeal forms must be acknowledged and must be completed in each Member State on the same conditions as provided for by the 1992 Liability Convention article IX. 1. Article 9 with respect to any of this Convention in accordance with article 4, paragraph 1, the Fund paid compensation for oil pollution damage Fund subrogation order subrogated to the rights which such compensation received in person to enjoy the owner or it is guaranteed under the 1992 Liability Convention. 2. Nothing in this Convention shall not limit the recourse or subrogation of the Fund against persons other than those referred to in the previous paragraph. In any case, the right of subrogation of the Fund must not be less favourable than the insurer's rights against the person who has paid compensation. 3. Without prejudice to any other possible subrogation or recourse against the Fund, the Member State or its agents, paid compensation for oil pollution damages under national law, taking over the rights of subrogation claims towards obtain its rights, such compensation received by the person treated in accordance with this Convention. Contributions article 10 1. Annual contributions to the Fund in respect of each Member State to be made for each person that article 12 (a) or (b) that during the calendar year, the total quantity of oil received in excess of 150 000 tonnes of: (a) the ports and terminals in the territory of that Member State-paid oil, which was delivered by sea these ports and terminals; and (b) in any terminal, located in the territory of that Member State-paid oil, which was delivered by sea and landed in a port of a Member State or a non-terminal, provided that the paid oil based on this point, is the only listed it for the first time after landing in that non-Member State. 2. (a) realizing the provisions of paragraph 1, when any person during the calendar year, in the territory of a Member State, the amount paid in oil, then adding the quantity of oil paid by this same territory this year received any associated person i v a person exceeds 150 000 tonnes, that person must make contributions for the quantity actually received, regardless of that this quantity does not exceed 150 000 tonnes.     (b) "associated person" means any subsidiary or jointly controlled entity. The question of whether a person meets this definition, governed by the national law of the country concerned. Article 11 article 12 [off] 1. to assess the expected annual contributions, if any, and taking into account the need to maintain sufficient current funds for each calendar year, the Assembly must draw up the estimate budget form, which contains the following sections: (i) expenses: (a) the Fund's administrative costs and expenses for the year and the deficit from the previous years ' operations;         (b) payments to be made to the Fund in the relevant year for the satisfaction of claims against the Fund in accordance with article 4, including to repay previous loans of the Fund the following requirements in cases where the total amount of such claim for any one incident shall not exceed four million u s units of account;         (c) payments to be made to the Fund in the relevant year for the satisfaction of claims against the Fund in accordance with article 4, including to repay previous loans of the Fund the following requirements in cases where the total amount of such claims in respect of any one incident to exceed four million units of account;     (ii) income: (a) from the previous year's surplus funds operations, including any interest;         (b) the annual contribution if required to balance the budget;         (c) all other income. 2. the Assembly shall determine the total amount of contributions to be collected. Based on this decision, the Director shall calculate for each person referred to in article 10, the amount of the annual contribution in respect of each Member State: (a) the contribution required in paragraph 1 (i) (a) and (b) requirements referred to in points, calculated on the basis of a fixed sum for each ton of oil by that person during the previous calendar year received in the territory of the country concerned;     (b) the contribution required in paragraph 1 (i) (c) requirements referred to in point a shall be calculated on the basis of a fixed sum for each ton of oil, which this person has received during the calendar year, which was before the incident, provided that on the day when the incident happened, the country was a party to this Convention. 3. referred to in paragraph 2, the amounts obtained by dividing the relevant total amount of contributions required by the total amount of paid oil received in all Member States during that year. 4. the annual contributions to be made to determine the Fund's internal rules. The Assembly may fix another date of payment. 5. the Assembly may, in accordance with the Financial rules of the Fund provisions to decide on transfers made between funds received in accordance with article 12 (2) (a), and funds received in accordance with article 12 (2) (b). 13. Article 1 in accordance with article 12 of the amount of contributions to be made that are not paid in time, are subject to interest, the amount of which is determined in accordance with the Fund's internal rules and the rates of which different circumstances may be different. 2. each Member State shall ensure that all contributions of the Fund are fulfilled their obligations under this Convention in respect of the territory received oil and take all its laws and other measures provided for in the laws, including the imposition of sanctions, as it deems necessary to ensure that all the proper; provided, however, that such measures are only applied to persons who are obliged to make contributions to the Fund. 3. If the person who is responsible for making contributions to the Fund in accordance with paragraphs 10 and 12, have not fulfilled this obligation with respect to any of the contributions or any part of it and is, in the name of the Fund to the Director shall take all appropriate steps against that person for the collection of the amount due. However, if the offender regarding contributions, has been declared bankrupt or other special circumstances, the Assembly on the basis of a proposal from the Director may decide not to bring or continue recovery actions against that person. 14. Article 1, each Member State of its instrument of ratification or accession or at any time thereafter, declare that it shall assume the obligations under this Convention of any person who is responsible for making contributions to the Fund in accordance with article 10, paragraph 1, on the territory of oil received. The Declaration must be in writing and must specify which obligations are taken over. 2. where a declaration referred to in paragraph 1 is made before the entry into force of this Convention in accordance with article 40, it must be sent to the Secretary-General, who, after the entry into force of the Convention puts it Director. 3. the Declaration referred to in paragraph 1 which is made after the entry into force of the Convention, should be sent to the Director. 4. A declaration made under this article, the State concerned may be revoked by written notice of it to the Director. Withdrawal shall take effect after three months from the date of receipt of the notification by the Director about it. 5. any declaration as described in this article is related to the State in any proceedings brought against him for any of the obligations referred to in the Declaration by the competent court, loses all immunity, which otherwise would have the right to ask. 1. Article 15 each State must ensure that any person in the territory of that State receives oil paid in such quantities that they are obliged to make contributions to the Fund, listing, which in accordance with the following provisions of this article shall draw up and keep up to date by the Director. 2. for the purpose referred to in paragraph 1, each Member State in the internal rules on time and notify the Director in the form all the personal names and addresses for this country are obliged to make contributions to the Fund pursuant to article 10, as well as data on the paid amount of oil k o during the previous calendar year respectively received by each of these persons. 3. To find out where the people at any given time are obliged to make contributions to the Fund in accordance with paragraph 1 of article 10, and, if applicable, the quantity of oil should account for each such person shall, in determining the amount of the contributions list is the first evidence of the facts mentioned here. 4. If the Member State fails to comply with its obligations to submit to the Director a notice referred to in paragraph 2, and this led to a financial loss to the Fund, the Member State is obliged to compensate the losses incurred by the Fund. The Assembly, on a proposal from the Director, decide whether such compensation shall that Member State be paid. The Organization and administration of the Fund is article 16 Assembly and a Secretariat headed by a Director. Article 17 of the Assembly the ASSEMBLY is composed of all Member States of this Convention. Article 18 Assembly shall have the following functions: 1) each during the regular session to elect its President and two Vice-Presidents who run the Office until the next ordinary session; 2) on the basis of the provisions of this Convention, determine its own rules of operation; 3) confirm the proper functioning of the Fund the necessary internal rules; 4) appoint a Director and make provision for other staff that may be necessary, and determine the Director and other staff working terms and conditions; 5) adopt an annual budget and determine the annual contribution; 6) to appoint auditors and to approve the Fund's Bills; 7) confirm the claim applications to the Foundation; to decide on the amount of compensation available for distribution between the applicant, in accordance with article 4, paragraph 5, and to determine the rules and procedures of previous payments to be made in the context of the requirement to ensure the victims as immediate pollution resulting damages; 8) [off] 9) to establish any permanent or short-term exposure of the institution it considers necessary to determine the activities and powers of the responsibilities entrusted to it; to enter such institutions members of the Assembly should strive to maintain a reasonable balance in the geographical representation of members, as well as to seek to ensure the proper representation of the Member States for which it will receive the greatest quantity of oil; following exposure to the activities can be applied to the Assembly's rules of procedure after the change takes place; 10) determine which non-Member States and which intergovernmental and international ārpusvaldīb organizations are entitled to participate, without the right to vote under the authority of the Assembly and meetings; 11) give instructions to the Director and subsidiary bodies for the administration of the Fund; 12) [off] 13) to monitor the Convention and its decisions are properly carried out; 14) to perform such other functions, it's (a) r this Convention or are otherwise necessary for the proper functioning of the Fund. 1. Article 19 Assembly regular session shall be convened by the Director once in a calendar year. 2. the Assembly shall be convened by the Director of the emergency session after at least one third of the members of the Assembly; they may also be convened by the Director's own initiative, in consultation with the Assembly of the above. The Director of such sessions shall notify the members not later than thirty days in advance. Article 20 quorum for meetings of the Assembly of the numerical majority of members. [heading off] 21-Article 27 [off] article 28 Secretariat the secretariat consists of 1 Director and staff as may be necessary for managing the Fund. 2. the Director shall be the legal representative of the Foundation. 29. Article 1. the Director shall be the highest administrative officer of the Fund. According to him the Assembly instructions given by the Director to perform the function that it is determined by the Convention, the internal regulations of the Fund and the Assembly. 2. the Director including: (a) shall be appointed by the administration of the Fund requires personnel;     (b) take all appropriate measures to ensure the proper management of the assets of the Fund;     (c) contributions shall be charged in accordance with this Convention, in particular under article 13, paragraph 3;     (d) insofar as it is necessary to examine the claims against the Fund, and other Fund features used in the legal, financial and other experts;     (e) the internal rules of the powers provided under the terms and conditions shall take all appropriate measures to deal with claims against the Fund, including the adoption of final decisions in the context of the requirements without prior coordination with the Assembly if required by these rules;     (f) prepare and submit to the Assembly the financial statement and budget for each calendar year;     (g) prepare, in consultation with the President of the Assembly, and publish a report on the activities of the Fund during the previous calendar year;     (h) prepare, collect and distribute materials, documents, agenda and protocols that may be necessary under the authority of the Assembly and at work. Article 30 in the performance of their duties, the Director and his staff and appointed experts shall not seek or receive instructions from any Government or other authority outside the Fund. They must refrain from any actions that could throw a shadow on them, as international officials. For its part, each Member State undertakes to respect the Director and his staff and experts appointed by the special international nature of responsibility and not to seek to influence them in the performance of his duties to them. Finance article 31 1. Each Member State shall bear the fees, travel and other expenses related to the participation of its delegation in the Assembly and operation of the representative body of the authority. 2. all other Fund-related costs shall be borne by the Fund. Voting article 32 vote in the Assembly in accordance with the following provisions: (a) each Member shall have one vote;     (b) except in the manner and indicated in article 33, the Assembly's decisions are taken by the members present and voting in the majority;     (c) the adoption of the decision, which requires a two-thirds majority, or three quarters, respectively, are taken by a two-thirds or three-fourths majority of the members present;     (d) of this article, the phrase "members present" means "meeting of the voting members present at the time of" and the phrase "members present and voting" means "members present, which pass their positive or negative vote". Members who abstain from voting are considered as not voting. Article 33 the following Assembly decisions require a two-thirds majority: (a) a decision in accordance with article 13, paragraph 3 of the recovery operation is not going or not going to the contributions of the offenders;     (b) the appointment of the Director in accordance with article 18, paragraph 4;     (c) the establishment of the institutions of the authority in accordance with paragraph 9 of article 18 and with the establishment of related questions. 34. Article 1 Fund, its assets, income, including contributions and other types of property in all the Member States are exempt from taxation direct taxes. 2. where the Fund made significant movable or real property purchases or has made its official actions required important work that includes indirect or sales taxes, the Governments of the Member States shall, wherever possible, take the appropriate measures to this duty and tax amounts are repaid to the Fund or excluded from the purchase or work values. 3. Any exemptions do not apply to duties, taxes and other similar charges which are directly calculated for public utility services. 4. on behalf of the Fund or its imported or exported goods, intended for its official use, are exempt from all customs duties, taxes and other related charges. The following goods imported in the territory of the country in which they are imported, cannot be sold or transferred free of charge to other persons, except with the consent of the Government of that country. 5. a Person who makes contributions into the Fund, victims and owners receiving compensation from the Fund, under its national law in the area of finance, in which they are taxed for them in this respect does not apply any special exemptions or other incentives 6. information relating to the individual contributor who has been given the objectives of this Convention, may not be distributed outside the Fund, except to the extent as may be strictly necessary for the operation of the Fund, including legal proceedings and defense of it. 7. without prejudice to existing or future rules be introduced relating to the Exchange or transfer, the Member States shall permit without restrictions of any contributions to the Fund and the compensation of any fund and transfer. Transitional provisions article 35 claims for compensation in accordance with article 4, which arose in connection with the incident occurring after the date on which this Convention has entered into force, can not be submitted to the Fund earlier than one hundred twentieth day since its entry into force. Article 36 the Secretary-General shall convene the first session of the Assembly. This session should take place as soon as possible after the entry into force of this Convention, but in any case not later than thirty days after such entry into force. 36.1 article during the transition period, which begins upon the date of entry into force of this Convention, and ends on the date of entry into force of the 1992 Protocol to the 1971 Convention, the amendment to article 31 denunciation must be laid down in the following transitional provisions: (a) the application of this Convention, article 2 (1) (a), the reference to the 1992 Liability Convention includes a reference to the 1969 International Convention on civil liability for oil pollution and its original version and with the 1976 amendments contained in the Protocol (this article called "1969 liability Convention"), and the 1971 Fund Convention;     (b) if the incident caused damage from pollution, which is located in the field of the Convention, the Fund must pay compensation to any person who suffered a loss only and to the extent when and to what extent the person has not been able to obtain full and adequate compensation for the loss of the 1969 liability Convention, the 1971 Fund Convention and the 1992 Liability Convention means provided for losses from pollution located in the field of the Convention in relation to States that are parties to this Convention, but not the 1971 Fund Convention, the Fund must pay compensation to any person who suffered a loss only and to the extent when and to what extent this would have received a full and adequate compensation, if this country would have been in each of the above party;     (c) the application of article 4 of this Convention, the amount to be taken into account in determining the total amount of compensation payable by the Fund, include the amount of compensation already paid out under the 1969 liability Convention, if any, and which already paid or to be paid in accordance with the 1971 Fund Convention. (d) article 9 of the Convention, paragraph 1 apply also with regard to the rights set forth in the 1969 liability Convention. 36.2. in accordance with article 1 (4) of this article, the total annual contribution of each country, made concerning oil, which this country has received during the previous calendar year must not exceed 27.5% from the total amount of the annual contribution for that calendar year under the 1992 Protocol on the amendment to the 1971 Fund Convention. 2. where article 12 paragraphs 2 and 3 of the application would lead to a contribution for the previous calendar year, the total amount of persons from one Member State exceeding 27.5% of the total amount of contributions, the contributions payable by each offender amount must be reduced in proportion to the total volume of this amount would be equal to 27.5% of the total annual contributions to be made to the Fund. 3. If the Member State concerned person do the level of contributions is reduced in accordance with paragraph 2 of this article, any other Member State of the person for the amount of contributions to be made should be increased proportionately, it is to ensure the total whole person whose duties is to make contributions to the Fund, the level of contributions for the previous calendar year, which is equal to the total Fund of the Assembly specified in the level of contributions to be made. 4. paragraph 1-3 points are applied to the total of the Member States in the previous year received fees for oil volume reached 750 million tons or until a period of 5 years since the entry into force of the said 1992 Protocol, whichever event occurs first. 36.3 article despite the provisions of this Convention, with respect to the administration of the Fund during the period of validity of both the 1971 Convention and this Convention, the following provisions shall apply: (a) to the 1971 Fund Convention established the Secretariat of the Fund (hereinafter "the 1971 Fund), chaired by the Director, may also act as the Secretariat of the Fund and the Director;     (b) If, in accordance with (a) the Secretariat of the Fund in 1971 and also the Director of the Director and secretariat functions, in the case of a conflict of interest between the 1971 Fund and the Fund, the Fund's representative Assembly of the Fund Manager;     (c) the Director and his staff recruited and the experts who carried out their duties in accordance with this Convention and the 1971 Fund Convention, shall not be considered as contrary to the existing article 30 of this Convention, the provisions so far as they are consistent with this article;     (d) the Assembly of the Fund should endeavour not to take decisions which are incompatible with the 1971 Fund Assembly of the decisions taken. If there is a difference in views on common administrative matters, the Assembly of the Fund should endeavour to achieve consensus with the 1971 Fund Assembly in a spirit of mutual cooperation, bearing in mind the two organisations common goals;     (e) the Fund may inherit the 1971 Fund, rights, obligations and funds if it decides the 1971 Fund Assembly according to the 1971 Fund Convention in article 44, paragraph 2;     (f) the Fund must compensate for the 1971 Fund all costs and expenses incurred by it in pursuing its activities, the Fund will be interested. Article 36.4 final clauses the final provisions of this Convention are the 1992 Protocol on the amendment to the 1971 Fund Convention article 28-39. References in this Convention to Member States must be made to the Member States to that Protocol. the 1992 Protocol on the amendment to the 1971 Fund Convention the final clauses article 28 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open for signature in London, starting on 15 January 1993, all States signatories to the 1992 Liability Convention. 2. in accordance with paragraph 4 of this article, this Protocol each State that signed it, is subject to ratification, acceptance or approval. 3. in accordance with paragraph 4 of this Protocol shall be open to accession by countries which have not signed it. 4. This Protocol is open to ratification, acceptance, approval or accession only States which have ratified, accepted, approved or acceded to the 1992 Liability Convention. 5. Ratification, acceptance, approval or accession is effected by appropriate instruments to the Secretary-General. 6. A State which is a Member State of this Protocol, but not the 1971 Fund Convention is bound by the Protocol, as amended by the 1971 Fund Convention in respect of other Member States, but it is not bound by the 1971 Fund Convention in relation to other States. 7. any instrument of ratification, acceptance, accession or approval, submitted after this Protocol by the 1971 Fund Convention entered into force, be deemed to apply to this Convention by that Protocol amendments. Article 29 information on oil paid Before 1 this Protocol shall enter into force with respect to a country, that country, depositing an article 28, paragraph 5, of the instruments, and then every year, the Secretary-General of the specific date to be submitted to him for any person in respect of that State would be obliged to make contributions to the Fund in accordance with the 1971 Fund Convention as amended by this Protocol, in accordance with article 10. , name, and address, as well as details of any such persons during the previous calendar year in the territory of the country received paid the relevant volumes of oil. 2. during the transitional period, the Director shall provide annually to the Secretary-General of the news about the oil amount paid received by persons who are obliged to make contributions to the Fund in accordance with the 1971 Fund Convention as amended by this Protocol, article 10. Article 30 entry into force 1 this Protocol shall enter into force twelve months from the date on which the following requirements are met: (a) at least eight States have submitted to the Secretary-General of the instrument of ratification, acceptance, approval or accession; and (b) the Secretary-General, in accordance with article 29 shall have received information that the people responsible should be done under the 1971 Fund Convention as amended by this Protocol, article 10, during the previous calendar year is received in its entirety at least 450 million tons of oil paid. 2. However, this Protocol shall not enter into force before the entry into force of the 1992 Liability Convention. 3. in relation to a State which ratified this Protocol, accept, approve or accede after compliance with the requirements of paragraph 1 in respect of the entry into force, this Protocol shall enter into force twelve months from the date on which that State has submitted the relevant instrument. 4. Any State may, when depositing its instrument of ratification of this Protocol, accession, approval or acceptance of the instrument, declare that this instrument for the purpose of this article, not on the date of entry into force referred to in article 31, the six-month deadline. 5. Any State which has made a notification in accordance with the preceding paragraph may withdraw it at any time by notifying the Secretary-General. Any such withdrawal shall take effect on the date on which this notice is received, and is to be considered that any country which submitted the following cancellation, to this day if this Protocol is submitted the instrument of ratification, acceptance, approval or accession. 6. Any State which has made a notification in accordance with the 1992 Protocol amending the 1969 liability Convention, article 13, paragraph 2, shall be deemed to have committed a notice in accordance with paragraph 4 of this article. In accordance with the article 13, paragraph 2 of the notice shall be deemed to also recall under paragraph 5 of the cancellation. Article 31, 1971 and 1969 denunciation of the Convention under article 30 within six months after the date on which the following requirements are met: (a) at least eight States have become Member States of this Protocol or the Secretary-General have deposited instruments of ratification, acceptance, approval or accession, whether under article 30, paragraph 4, or not, and (b) the Secretary-General, in accordance with article 29 of the received information that the person who is, or would be required to make contributions under the 1971 Fund Convention as amended by this Protocol, article 10, is in the preceding calendar year received oil, paid a total of more than 750 million tons, for each Member State to this Protocol and each country which has submitted the instrument of ratification, acceptance, approval or accession shall either, in accordance with article 30 (4) or otherwise, and if it is a member of the Convention, must be denounced by the 1971 Fund Convention and the 1969 liability Convention and the denunciation shall take effect twelve months from the above six months expiry date. Article 32 revision and Amendment 1. Organization may convene a conference with a view to revise or amend the 1992 Fund Convention. 2. the Organization should convene a Conference of the Member States with the aim to revise or amend the 1992 Convention, at the request of not less than one-third of the Member States. Article 33 amendments to the compensation limits 1. not less than one quarter of the Member States of the request by the Secretary-General to all Member States to send any proposal for the 1971 Fund Convention as amended by this Protocol, article 4, paragraph 4, the specific compensation limit amendment. 2. any proposed and in accordance with the preceding paragraph, the proposal should be sent shall be submitted to the legal Committee of the Organisation for consideration no later than six months after the date of daily. 3. in All, with the Protocol as amended by the 1971 Fund Convention, regardless of whether or not they are the members of the Organization, shall be entitled to participate in the work of the Committee on Legal Affairs and the adoption of the amendment. 4. amendments in the Committee on Legal Affairs, the modeled in accordance with paragraph 3, shall be taken by the Member States present and voting in a two-thirds majority, and the vote must be represented at least half of the Member States. 5. Working on a proposal for the amendment of the limit, the legal Committee shall take into account the practice of incidents and in particular the amount of damage resulting therefrom and changes in the value of the currency. It should also take into account the relationship between the 1971 Fund Convention as amended by this Protocol, article 4, paragraph 4 of the set limits and limits established for the 1992 International Convention on civil liability for oil pollution damage, in paragraph 1 of article V. 6. (a) Until 15 January 1998, as well as five years of previous referred to in this article to the entry into force of the amendment cannot be considered any amendment referred to in this article, the ceiling. Amendments to this article shall be considered before this Protocol has entered into force.     (b) the Limit may not be increased so as to exceed this Protocol amended 1971 Fund Convention the appropriate limit, which increased by six percent a year, on the basis of the State on 15 January 1993.     (c) the Limit may not be increased above the amount which corresponds to the limit laid down in triple a to this Protocol to the 1971 Convention. 7. The organisation must inform the Member States, each in accordance with paragraph 4 of the amendments adopted. Amendment shall be considered adopted within 18 months of the end of the period after the date on which the notification is made, unless this period of at least one quarter of the States that were Member States of this modified (a) at the time of adoption in the Committee on Legal Affairs, have not submitted a notification to the organisation that they do not accept the amendment, in which case the amendment is rejected and shall not come into effect. Amendment 8, which is regarded as accepted in accordance with paragraph 7 shall enter into force eighteen months from the date of its adoption. 9. Amendment is binding on all the Member States, provided they are within six months before the entry into force of this amendment not denounces this Protocol in accordance with article 34 1 and 2. Such denunciation shall take effect when the amendment enters into force. 10. If, at the time of the amendment has already been adopted in the Committee on Legal Affairs, but is within eighteen months of receipt of requests, a State becomes a Member State, it is bound by the amendment if it enters into force. A State which becomes a member after this deadline shall be binding on the amendment adopted in accordance with paragraph 7. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when the State entry into force of this Protocol, if later. Article 34 denunciation 1. Any Member State may denounce this Protocol at any time after it has entered into force with respect to that country. 2. the denunciation shall be effected by depositing with the Secretary-General the instrument. 3. The denunciation shall take effect twelve months or such longer period of time, which is specified in the instrument of denunciation, after its deposit with the Secretary-General of the organisation. 4. the 1992 Liability Convention, the denunciation is deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which the denunciation takes effect in respect of the 1992 Protocol on the 1969 liability Convention is amended in accordance with article 16 of the Protocol. 5. any Member State of this Protocol, which has not denounced the 1971 Fund Convention and the 1969 liability Convention, as required by article 31, shall be deemed to be a denunciation of this Protocol, denonsējuš entry into force twelve months after the mentioned in this article within six months of the date of expiry. After the date of entry into force specified in article 31 denunciation of this Protocol, each Party shall submit to the 1969 liability Convention ratification, acceptance, approval or accession, must be considered denonsējuš this Protocol, the denunciation of its entry into force on the date of entry into force of this instrument. 6. Between the parties to this Protocol, each of them denouncing the 1971 Fund Convention in accordance with article 41, it in no way can be considered as the 1971 Fund Convention as amended by this Protocol, the denunciation. 7. Notwithstanding denunciation of this Protocol by a Member State in accordance with this article shall continue to apply the provisions of this Protocol, any obligation to make contributions in accordance with the 1971 Fund Convention as amended by this Protocol, article 10, of this Convention, as amended by article 12 (2) (b) above incident arising before the effective date of denunciation. Article 35 of the extraordinary session of the Assembly, 1. any Member State may, within ninety days after the filing of the instrument of denunciation the result of which it considers will significantly increase contributions to the remaining Contracting States, request that the Director shall convene an extraordinary session of the Assembly. The Director shall convene the Assembly not later than sixty days after receipt of the request. 2. The Director may, within sixty days after the submission of the instruments of denunciation to convene an extraordinary session of the Assembly on his own initiative if he considers that the denunciation will result in a significant overall contribution to be made by Member States in volume growth. 3. If the Assembly at its special session, convened in accordance with paragraphs 1 and 2, decides that the denunciation will result in other Member States made a significant contribution to the increase, any such State may, not later than one hundred and twenty days before the date on which the denunciation to take effect, denounce this Protocol, the denunciation of its entry into force on the same date. 36. Article 1 of the cessation of this Protocol shall cease to be in force on the day of its members become less than three. 2. the countries for which this Protocol is in force the day before it expires, you must enable the Fund to meet its functions, as set out in article 37 of this Protocol, and the Protocol they remain bound only for the following purposes. 37. Article 1 of the Fund's liquidation. If this Protocol shall cease to be in force, the Fund, despite their: (a) meet its obligations in respect of any incident occurring before this Protocol has lapsed;     (b) is entitled to exercise its responsibilities against the perpetrators of the contributions so far as these contributions are needed to cover (a) the commitments referred to in subparagraph, including expenses required for the purpose of the administration of the Fund. 2. the Assembly shall take all appropriate measures to complete the winding up of the Fund, including the remaining financial distribution likewise between those individuals who committed contributions to the Fund. 3. for the purposes of this article, the Fund will continue to exist as a legal person. 38. Article 1 of the deposit of the instruments of this Protocol and in accordance with article 33 all the amendments adopted should be deposited with the Secretary-General. 2. The Secretary-General: (a) inform all States which have signed this Protocol or acceded thereto of: (i) each new signature or deposit of the instrument of the facts and of the date of the deposit;         (ii) each Declaration and communication under article 30 including declarations and withdrawal applications, which are considered to have been submitted in accordance with that article;         (iii) the date of entry into force of the present Protocol;         (iv) the date on which in accordance with article 31 denunciation to be made;         (v) each under article 33 paragraph 1 expressed in the proposal to amend the limit of the amount of the refund;         (vi) any amendment adopted in accordance with article 33 paragraph 4;         (VII) any amendment deemed to be accepted in accordance with paragraph 7 of article 33, and the date on which this amendment to enter into force in accordance with article 8 and referred to paragraph 9;         (VIII) instrument to be a denunciation of this Protocol together with the date of the deposit, and the date on which it takes effect;         (ix) any denunciation deemed to be made in accordance with paragraph 5 of article 34;         (x) any requested under this Protocol document;     (b) transmit certified copies of this Protocol to all Member States and to all States which accede to this Protocol. 3. As soon as this Protocol enters into force, the Secretary-General transmitted the text of the registration and publication of the United Nations Secretariat in accordance with United Nations Charter article 102. Article 39 languages this Protocol is signed in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Signed in London one thousand nine hundred and ninety-two twenty-seventh day of November. In witness whereof the undersigned, duly authorized for that purpose have signed this Protocol.


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