International provisions shall apply as Swedish law
1 § That Swedish law shall apply to original texts of
1. the provisions of articles 1 to 4, 6 to 10, 12 and 13 of the 1992
International Convention on the establishment of an international
Fund for compensation for oil pollution damage
(1992 Fund Convention), with the changes that have been made
through the International Maritime Organisation resolution
LEG 2 (82) 18 October 2000 on amendment of the liability amounts in the
the 1992 Protocol to the 1971 International Convention on
the establishment of an International Fund for compensation for damage
oil pollution, and
2. the provisions of articles 1 to 12, 15 and 18 of the 2003
protocols to the 1992 International Convention on
the establishment of an International Fund for compensation for damage
oil pollution (the 2003 Fund Protocol).
However, this does not apply to the extent that provisions exclusively
regulates the mutual obligations of the Contracting States.
The original English text of the 1992 Fund Convention,
the resolution and the 2003 Fund Protocol in the elements listed in
the first paragraph is, along with Swedish translations
inmates as annex 1-4 of this Act. Original texts shall
have the same validity.
Oil pollution compensation funds ' recourse
section 2 of an amount that the 1992 international oil pollution compensation fund has
paid in compensation under article 4 of the 1992 Fund Convention
or that the 2003 international oil pollution compensation supplementary fund
paid under article 4 of the 2003 Act Fund Protocol,
each Fund may require the return of a person as provided in Chapter 10. 4 §
second subparagraph, point (a), (b) or (e)-(g) Maritime Act (1994:1009) only during
the conditions set out in these statutes. Otherwise,
funds require a paid compensation of any
other than the shipowner or his guarantor only in the
extent arising out of Chapter 7. § 9 the insurance agreement law
(2005:104). Act (2005:880).
Competent court
paragraph 3 of the proceedings concerning compensation for oil damage, which according to article 7 (1)
or (3) of the 1992 Fund Convention or under article 7 of
2003 Annual Fund Protocol may be listed in Sweden, shall be brought in the
the Court which, according to chapter 21. paragraph 5 of the third subparagraph, the maritime law
(1994:1009) is competent to take up proceedings against the owner of the ship in
due to the same accident.
Notice of trial
4 § in the case of notifications referred to in article 7(6) of 1992
Annual Fund Convention and in article 7 (1) of the 2003 Fund Protocol
the provisions of Chapter 14. 12 and 13 of the code of judicial procedure if
publication of trial apply.
Recognition and enforcement of judgments
§ 5 in the case of recognition, enforceability and enforcement
by a judgment against the 2003 International complementary
oil pollution compensation fund to the European Parliament and Council regulation
The European Council of 12 december 2012 on
jurisdiction and the recognition and enforcement of judgments in
Civil and commercial matters (Brussels I Regulation 2012) or
Council Regulation (EC) No 44/2001 of 22 december 2000 on
jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters (Brussels I Regulation 2000)
applied, if the judgment was given in a State where these
provisions apply.
An application of the 2012 Brussels I Regulation, or 2000
the Brussels I regulation leading to the verdict would not
be recognised, declared enforceable or enforced in Sweden,
the question instead is decided in accordance with article 8(1) of the 2003
Fund Protocol. Law (2014:930).
6 § When a question arises about the enforceability of a judgment
According to article 8 of the 1992 Fund Convention, shall apply the
procedure laid down in chapter 21. section 6 of the maritime law
(1994:1009).
This procedure is also applied when a question is raised if
enforceability of a judgment in accordance with article 8(1) of the 2003
Fund Protocol. If the judgment is pronounced by a Court of a State
where the 2012 Brussels I Regulation, or the 2000 Brussels
In regulation applies, applied, however, the procedure
provided for in these regulations and in the law (2014:912)
supplementary provisions on jurisdiction and the
recognition and international enforcement of certain
rulings. Law (2014:930).
Transitional provisions
2005:253
1. this law shall enter into force on the day the Government determines.
2. by law repeals Act (1973:1199) for compensation from the
international oil pollution compensation fund.
3. The old law still applies, if the event that can
form the basis for compensation has occurred before the new law's
date of entry into force.
2014:930
1. this law shall enter into force on 10 January 2015.
2. Older rules applicable to the processing in Svea
Court of appeal and the Supreme Court cases initiated in
the Court prior to the entry into force.
Annex 1
Articles 1 to 4, 6 to 10, 12 and 13 of the 1971 International
Convention on the establishment of an International Fund for
compensation of oil pollution damage
International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage
(Supplementary to the International Convention on Civil
Liability for Oil Pollution Damage, 1969)
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,
Concious of the dangers of pollution posed by the worldwide
maritime carriage of oil in bulk;
Convinced of the need to ensure that adequate compensation is
available to 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
in 1969, on Civil Liability for Oil Pollution Damage, by providing
a régime for compensation for pollution damage in Contracting
States and for the costs of measures, wherever taken, to
prevent or minimize such damage, represents a considerable
progress towards the achievement of this aim,
Considering however that this régime does not afford full
compensation for victims of oil pollution damage in all cases
While it imposes an additional financial burden on shipowners,
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 in part be borne by the oil
cargo interests,
Convinced of the need to elaborate a compensation and
indemnification 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
victims of oil pollution incidents and that the shipowners are
at the same time given relief in respect of the additional
financial burdens 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
the was adopted on 29 November 1969 by the International Legal
Conference on Marine Pollution Damage,
Have agreed as follows:
General Provisions
Article 1
For the purposes of this Convention-
1. the "Liability Convention" means the International Convention on
Civil Liability for Oil Pollution Damage, adopted at Brussels
on 29 November 1969.
2. "Ship", "Person", "Owner", "Oil", "Pollution Damage",
' Preventive Measures ', ' Incident ' and ' Organization ', have the
same meaning as in Article I of the Liability Convention,
provided however that, for the purposes of these terms, "oil"
shall be confined to persistent hydrocarbon mineral oils.
3. "Contributing Oil" means crude oil and fuel oil as defined
in subparagraphs (a) and (b) below:
(a) "Crude Oil" means any liquid hydrocarbon mixture occurring
naturally in the earth whether or not treated to render it
suitable for transportation. It also includes crude oils from
which certain distillate fractions have been removed (sometimes
referred to as "topped crudes") or to which certain distillate
fractions have been added (sometimes referred to as "spiked" or
"reconstituted" crudes).
(b) "Fuel Oil" means heavy distillates or residues 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. "Unit of Account" or "Monetary Unit" means the unit of
account or monetary unit as the case may be, referred to in
Article V of the Liability Convention, as amended by the
Protocol thereto adopted on 19 November 1976.
5. ' Ship's tonnage "has the same meaning as in Article V,
paragraph 10, of the Liability Convention.
6. "Ton", in relation to oil, means a metric ton.
7. "Guarantor" means any person providing insurance or other
financial security to cover an owner's liability in pursuance
of Article VII, paragraph 1, of the 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 site.
9. Where an incident consists of a series of occurrences, it
shall be treated as 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 "and hereinafter referred to as" The Fund ",
is hereby established with the following aims:
(a) to provide compensation for pollution damage to the extent
that the protection afforded by the Liability Convention is
inadequate;
(b) to give relief to shipowners in respect of the additional
the financial burden imposed on them by the Liability Convention,
such relief being subject to conditions designed to ensure
compliance with safety at sea and other conventions;
(c) to give effect to the related purposes 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 assumig
rights and bond and of being a party in legal
proceedings before the courts of that State. Each Contracting
The 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:
1. With regard to compensation according to Article 4,
exclusively to pollution damage caused on the territory
including the territorial sea, of a Contracting State and to
preventive measures taken to prevent or minimize such damage;
2. With regard to indemnification of shipowners and their
guarantors according to Article 5, exclusively in respect of
pollution damage caused on the territory, including the
the territorial sea, of a State party to the Liability Convention
by a ship registered in or flying the flag of a Contracting
State and in respect of preventive measures taken to prevent or
minimize such damage.
Compensation and indemnification
Article 4
1. For the purpose of about its function under Article 2,
paragraph 1 (a), the Fund shall pay compensation to any person
suffering pollution damage if such person has been unable to
obtain full and adequate compensation for the damage under the
terms of the Liability Convention,
(a) because no liability for the damage arises during the
Liability Convention;
(b) because the owner liable for the damage under the Liability
Convention is financially incapable of meeting his bond
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 incapable of
meeting his bond 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 Liability Convention after having
take all reasonable steps to pursue the legal remedies
available to him;
(c) because the damage exceeds the owner's liability under the
Liability Convention as limited pursuant to Article V,
paragraph 1, of that Convention or under the terms of any other
International Convention in force or open for signature,
ratification or accession at the date of this Convention.
Expenses reasonably incurred or sacrifices reasonably made by
the owner voluntarily to prevent or minimize pollution damage
shall be treated as pollution damage for the purposes of this
Article.
2. The Fund shall incur no obligation under the preceding
paragraph if:
(a) it proves that the pollution damage resulted from an act of
war, hostilities, civil war or insurrection or was caused by
oil which has escaped or been discharged from a warship or
other ship owned or operated by a State and used, at the time
of the incident, only on Government non-commercial service; or
(b) the claimant cannot prove that the damage resulted from an
incident involving one or more ships.
3. If the Fund proves that the pollution damage resulted wholly
or partially either from an act or omission done with intent to
cause damage by the person who suffered the damage or from the
negligence of that person, the Fund may be exonerated wholly or
partially from its obligation to pay compensation to such
person, provided, however, that there shall be no such
exoneration with regard to such preventive measures which are
compensated under paragraph 1. The Fund shall in any event be
exonerateed to the extent that the shipowners may have been
exonerateed under Article III, paragraph 3, of the Liability
Convention.
4. (a) Except as otherwise provided in subparagraph (b) 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 Liability Convention for
pollution damage caused in the territory of the Contracting
States, including any sum in respect of which the Fund is
under an obligation to indemnify the owner pursuant to Article
5, paragraph 1, of this Convention, shall not exceed 60 million
units of account or 900 million monetary units.
(b) The aggregate amount of compensation payable by the Fund
under this Article for pollution damage resulting from a
the natural phenomenon of an exceptional, inevitable and
irresistible character shall not exceed 60 million units of
account or 900 million monetary units.
5. Where the amount of established claims against the Fund
exceeds the aggregate amount of compensation payable under the
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 claimant
under the Liability Convention and this Convention shall be the
same for all claimants.
6. The Assembly of the Fund (hereinafter referred to as ' the
Assembly "), having regard to the experience of incidents
which have occurred and in particular the amount of damage
resulting therefrom and to changes in the monetary values,
decide that the amount of 30 million units of account or 450
million monetary units referred to in paragraph 4,
subparagraphs (a) and (b), shall be changed; provided, however,
that this amount shall in no case exceed 60 million units of
account or 900 million monetary units or be lower than 30
million units of account or 450 million monetary units. The
changed amount shall apply to incidents which occur after the
date of the decision effecting the change.
7. The Fund shall, at the request of a Contracting State, use
its good offices as necessary to assist that State to secure
promptly such personnel, material and services as are necessary
to enable the State to take measures to prevent or mitigate
pollution damage arising from an incident in respect of which
the Fund may be called upon to pay compensation under this
Convention.
8. The Fund may on conditions to be laid down in the Internal
Regulations provide credit facilities with a view to the taking
of preventive measures against pollution damage arising from a
particular incident in respect of which the Fund may be called
upon to pay compensation under this Convention.
Article 6
1. Rights to compensation under Article 4 or indemnification
under Article 5 shall be extinguished unless an action is
brought thereunder or a notification has been made pursuant to
Article 7, paragraph 6, within three years from the date when
the damage occurred. However, in no case shall an action be
brought after six years from the date of the incident which
caused the damage.
2. Notwithstanding paragraph 1, the right of the owner or his
guarantor to seek indemnification from the Fund pursuant to
Article 5, paragraph 1, shall in no case be extinguished before
the expiry of a period of six months as from the date on which
the owner or his guarantor acquired knowledge of the bringing
of an action against him under the Liability Convention.
Article 7
1. Subject to the subsequent provisions of this Article, any
action against the Fund for compensation under Article 4 or
indemnification under Article 5 of this Convention shall be
brought only before a court competent under Article IX of the
Liability Convention in respect of actions against the owner
who is or who would, but for the provisions of Article III,
paragraph 2, of that Convention, have been liable for pollution
damage caused by the relevant incident.
2. Each Contracting State shall ensure that its courts possess
the necessary jurisdiction to entertain such actions against
the Fund as are referred to in paragraph 1.
3. Where an action for compensation for pollution damage has
been brought before a court competent under Article IX of the
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 or
indemnification under the provisions of Article 4 or 5 of this
Convention in respect of the same damage. However, where an
Action for compensation for pollution damage under the
Liability Convention has been brought before a court in a State
Party to the Liability Convention but not to this Convention,
any action against the Fund under Article 4 or in Article 5,
paragraph 1, of this Convention shall at the option of the
claimant be brought either before a court of the State where
the Fund has its headquarters or before any court of a State
Party to this Convention competent under Article IX of the
Liability Convention.
4. Each Contracting State shall ensure that the Fund shall have
the right to intervene as a party to any legal proceedings
instituted in accordance with Article IX of the Liability
Convention before a competent court of that State against the
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 provisions of paragraph 4, where an
action under the Liability Convention for compensation for
pollution damage has been brought 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. The where
such notification has been made in accordance with the
formalities required by the law of the court seized and in such
time and in such manner that the Fund has in fact been in a
position effectively to intervene as a party to the
proceedings, any judgment rendered by the court in such
proceedings shall, after it has become final and enforceable in
the State where the judgment was given, become binding upon the
Fund in the sense that the facts and findings in that judgment
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 accordance with Article 7,
paragraphs 1 and 3, shall, when it has become enforceable in
the State of origin and is in that State no longer subject to
ordinary forms of review, be recognized and enforceable in each
Contracting State on the same conditions as are UN-prescribed into
Article X of the Liability Convention.
Article 9
1. Subject to the provisions of Article 5, the Fund shall, in
respect of any amount of compensation for pollution damage paid
by the Fund in accordance with Article 4, paragraph 1, of this
Convention, acquire by subrogation the rights that the person
so compensated may enjoy under the Liability Convention against
the owner or his guarantor.
2. Nothing in this Convention shall prejudice any right of
recourse or subrogation 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 favourable than that of an insurer of the person to
whom compensation or indemnification has been paid.
3. Without prejudice to any other rights of subrogation or
recourse against the Fund which may exist, a Contracting State
or agency thereof which has paid compensation for pollution
damage in accordance with the provisions of national law shall
acquire by subrogation the rights which the person so
compensated would have enjoyed under this Convention.
Contributions
Article 10
1. 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 11, paragraph 1, as regards initial
contributions and in Article 12, paragraphs 2 (a) or (b), as
regards annual contributions, has received in total quantities
exceeding 150.000 tons:
(a) in the port or terminal installation in the territory of
that State contributing oil carried by sea to such ports or
Terminal installation; and
(b) in any installation 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 subparagraph on first
receipt in a Contracting State after its discharge in that
nonContracting State.
2. (a) For the purposes of paragraph 1, 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,
150.000 tons, such person shall pay contributions in respect of
the actual quantity received by him notwithstanding that that
quantity did not exceed 150.000 tons.
(b) "Associated person" means any subsidiary or commonly
controlled entity. The question whether a person comes within
This definition shall be determinded by the national law of the
State concerned.
Article 12
1. With a view to assessing for each person referred to in
Article 10 the amount of annual contributions due, if any, and
taking account of the to scout to maintain sufficient liquid
funds, the Assembly shall for each calendar year make an
the estimate in the form of a budget of:
(i) Expenditure
(a) the costs and expenses of the administration of the Fund in the
the relevant year and any deficit 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
or 5, including repayment on loans previously taken by the Fund
for the satisfaction of such claims, to the extent that the
the aggregate amount of such claims in respect of any one incident
does not exceed 1 million units of account or 15 million
monetary units;
(c) payments to be made by the Fund in the relevant year for
the satisfaction of claims against the Fund due under Article 4
or 5, including repayments on loans previously taken by the
Fund for the satisfaction of such claims, to the extent that
the aggregate amount of such claims in respect of any one
incident is in excess of 1 million units of account or 15
million monetary units;
(ii) Income
(a) surplus funds from operations in preceding years, including
any interest;
(b) initial contributions to be paid in the course of the year;
(c) the annual contributions, if required to balance the budget;
(d) any other income.
2. For each person referred to in Article 10 the amount of his
annual contribution shall be determined by the Assembly and
shall be calculateed in respect of each Contracting State:
(a) in so far as the contribution is for the satisfaction of
payments referred to in paragraph 1 (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 preceding calendar
year; and
(b) in so far as the contribution is for the satisfaction of
payments referred to in paragraph 1 (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 sums 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 Assembly shall decide the portion of the annual
contribution which shall be immediately paid in cash and decide
on the date of payment. The remaining part of each annual
contribution shall be paid upon notification by the Director.
5. The Director may, in cases and in accordance with conditions
to be laid down in the Internal Regulations of the Fund,
require a contributor to provide financial security for the
sum due from him.
6. Any demand for payments made under paragraph 4 shall be
so-called rateably from all individual contributors.
Article 13
1. The amount of any contribution due under Article 12 and
which is in arrear shall bear interest at a rate which shall be
determined by the Assembly for each calendar year provided that
different rates may be fixed for different circumstances.
2. Each Contracting State shall ensure that any bond to
contribute to the Fund arising under this Convention in respect
of oil received within the territory of that State is ugly file led
and shall take any appropriate measures under its law,
including the imposing of such sanctions as it may deem
necessary, with a view to the effective execution of any such
bond; provided, however, that such measures shall only be
directed against those persons who are under an obligation to
contribute to the Fund.
3. Where a person who is liable in accordance with the
the provisions of Articles 10 and 11 to make contributions to the
Fund does not fulfil his bond in respect of any such
contribution or any part thereof and is in arrear for a period
exceeding three months, the Director shall take all appropriate
actions 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 insolvent or the
circumstances otherwise so warrant, the Assembly may, upon
recommendation of the Director, decide that no action shall be
taken or continued against the contributor.
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 thereto,
Having noted that the 1984 Protocol to that Convention, which
provides for improved scope and enhanced compensation, has not
entered into force,
Affirming the importance of maintaining the viability of the
international oil pollution liability and compensation system,
Aware of the need to ensure 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 coexist with and be supplementary
to the original Convention for a transitional period,
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 provisions of this Protocol amend is
the International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage,
in 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 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. "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:
1 bis. "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 that
Protocol.
3. Paragraph 2 is replaced by the following text:
2. "Ship", "Person", "Owner", "Oil", "Pollution Damage",
' Preventive Measures ', ' 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 pursuance
of Article VII, paragraph 1, of the 1992 Liability Convention.
Article 3
Article 2 of the 1971 Fund Convention is amended as follows:
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 extent
that the protection afforded by the 1992 Liability Convention
the is inadequate;
(b) to give effect to the related purposes 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 accordance 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 accordance with international law
and extending not more than 200 nautical miles from the
baseline from which the breadth of its territorial sea ice
measured;
(b) to preventive measures, wherever taken, to 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 indemnification".
Article 6
Article 4 of the 1971 Fund Convention 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 text:
3. If the Fund proves 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 negligence of that person, the Fund may be exonerated
wholly or partially from its bond to pay compensation to
such person. The Fund shall in any event be exonerated under
Article III, paragraph 3, of the 1992 Liability Convention.
However, there shall be no such exoneration of the Fund with
regard to preventive measures.
3. Paragraph 4 is replaced by the following text:
4. (a) Except as otherwise provided in subparagraphs (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
the application of this Convention so defined in Article 3 shall
not exceed 135 million units of account.
(b) Except as otherwise provided in subparagraph (c), the
the aggregate amount of compensation payable by the Fund under this
Article for pollution damage resulting from a natural
phenomenon of an exceptional inevitable and irresistible
character shall not exceed 135 million units of account.
(c) The maximum amount of compensation referred to in
subparagraphs (a) and (b) shall be 200 million units of account
with respect to any incident occuring 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 tons.
(d) Interest accrued on a fund constituted in accordance with
Article V, paragraph 3, of the 1992 Liability Convention, if
any, shall not be taken into account for the computation of the
the maximum compensation payable by the Fund under this Article.
(e) The amounts mentioned in this Article shall be converted
into the 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 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 the aggregate amount of compensation payable under the
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 claimant
under this Convention shall be the same for all claimants.
5. Paragraph 6 is replaced by the following text:
6. The Assembly of the Fund may decide that, in exceptional
cases, compensation in accordance with this Convention can be
paid even if the owner of the ship has not constituted a fund
in accordance with Article V, paragraph 3, of the 1992
Liability Convention. In such case paragraph 4 (e) of this
Article applies accordingly.
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 sentence of paragraph 3 the words "or
indemnification "and" or 5 "are deleted.
4. In the second sentence of paragraph 3 the words "or under
Article 5, paragraph 1 "are deleted.
Article 10
In 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 accordance with Article 4,
paragraph 1, of this Convention, acquire by subrogation the
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, paragraphs 2 (a) or (b), has received
in total quantities exceeding 150.000 tons:
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), subparagraphs (b) and (c), the words "or
5 "are deleted and the words" 15 million francs ' are replaced
by the words "four million units of account".
3. Subparagraph 1 (ii) (b) is deleted.
4. In paragraph 1 (ii), subparagraph (c) becomes (b) and
subparagraph (d) becomes (c).
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
contribution:
6. Paragraph 4 is replaced by the following text:
4. The annual contribution shall be due on the date to be laid
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 laid down in
the Financial Regulation of the Fund, to make transfers between
funds received in accordance with Article 12 (2) (a) and funds
received in accordance 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 contribution due under Article 12 and
which is in arrear shall bear interest at a rate which shall be
determined in accordance with the Internal Regulations of the
Fund, provided that different rates may be fixed for different
circumstances.
2. In paragraph 3 the words "Articles 10 and 11" are replaced
by the words "Articles 10 and 12" and the words "for a period
exceeding three months "are deleted.
Resolution LEG 2 (82)
(adopted on 18 October 2000)
Adoption of amendments of the limits of compensation in the
Protocol of 1992 to amend the International Convention on the
Establishment of an International Fund for Compensation for Oil
Pollution Damage, 1971
The Legal Committee at its eighty-second session:
Recalling Article 33 (b) of the Convention on the International
Maritime Organization (hereinafter referred to as the "IMO
Convention ") concerning the functions of the Committee,
Mindful of Article 36 of the IMO Convention concerning rules
governing the procedures to be followed when exercising the
functions conferred on it by or under any international
Convention or instrument,
Recalling further Article 33 of the Protocol of 1992 to amend
the International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage,
1971 (hereinafter referred to as the "1992 Fund Protocol")
concerning the procedures for amending the limits of the
amounts of compensation set out in Article 6 (3) of the 1992
Fund Protocol,
Having considered amendments to the limits of the amounts of
compensation proposed and circulated in accordance with the
the provisions of Article 33 (1) and (2) of the 1992 Fund Protocol,
1. Adopts, in accordance with Article 33 (4) of the 1992 Fund
Protocol, amendments to the limits of the amounts of
compensation set out in Article 6 (3) of the 1992 Fund Protocol,
as set out in the Annex to this resolution;
2. Determines, in accordance with Article 33 (7) of the 1992
Fund Protocol, that these amendments shall be deemed to have
been accepted on 1 May 2002 unless, prior to that date, note
less than one quarter of the States that were Contracting
States on the date of the adoption of these amendments (being
October 18 2000) have communicated to the Organization that
they do not accept these amendments;
3. Further determines that, in accordance with Article 33 (8) of
the 1992 Fund Protocol, these amendments, deemed to have been
accepted in accordance with paragraph 2 above, shall enter into
force on 1 November 2003;
4. Requests the Secretary-General, in accordance with Articles
33 (7) and 38 (2) (vi) of the 1992 Fund Protocol, to transmit
certified copies of the present resolution and the amendments
contained in the Annex thereto to all States which have signed
or acceded to the 1992 Fund Protocol; and
5. Further requests the Secretary-General to transmit copies of
the present resolution and its Annex to the Members of the
Organization which have not signed or acceded to the 1992 Fund
Protocol.
Annex
Amendments of the limits of compensation in the Protocol of
1992 to amend the International Convention on the Establishment
of an International Fund for Compensation for Oil Pollution
Damage, 1971
Article 6 (3) of the 1992 Fund Protocol is amended as follows:
the reference in paragraph 4 (a) to "135 million units of
account "shall read" 203,000, 000 units of account ";
the reference in paragraph 4 (b) to "135 million units of
account "shall read" 203,000, 000 units of account "; and
the reference in paragraph 4 (c) to "200 million units of
account "shall read" 300,740 million units of account ".
Protocol of 2003 to the International Convention on the
Establishment of an International Fund for Compensation for Oil
Pollution Damage, 1992
The Contracting States to the present Protocol,
Bearing in mind the International Convention on Civil Liability
for Oil Pollution Damage, 1992 (hereinafter the 1992 Liability
Convention "),
Having considered the International Convention on the
Establishment of an International Fund for Compensation for Oil
Pollution Damage, 1992 (hereinafter the 1992 Fund
Convention "),
Affirming the importance of maintaining the viability of the
international oil pollution liability and compensation system,
Noting that the maximum compensation afforded by the 1992 Fund
Convention might be insufficient to meet compensation needs in
certain circumstances in some Contracting States to that
Convention,
Recognizing that a number of Contracting States to the 1992
Liability and 1992 Fund Conventions consider it necessary as a
matter of urgency to make available additional funds for
compensation through the creation of a supplementary scheme to
which States may accede if they so wish,
Believing that the supplementary scheme should seek to ensure
that victims of oil pollution damage are compensated in full
for their loss or damage and should also alleviate the
difficulties faced by victims in cases where there is a risk
that the amount of compensation available under the 1992
Liability and 1992 Fund Conventions will be insufficient to pay
established claims in full and that as a consequence the
International Oil Pollution Compensation Fund, 1992, has
decided provisionally that it will pay only a proportion of any
established claim,
Considering that accession to the supplementary scheme will be
open only to Contracting States to the 1992 Fund Convention,
Have agreed as follows:
General provisions
Article 1
For the purposes of this Protocol:
1. "1992 Liability Convention" means the International
Convention on Civil Liability for Oil Pollution Damage, 1992;
2. "1992 Fund Convention" means the International Convention on
the Establishment of an International Fund for Compensation for
Oil Pollution Damage, 1992;
3. "1992 Fund" means the International Oil Pollution
Compensation Fund, 1992, established under the 1992 Fund
Convention;
4. "Contracting State" means a Contracting State to this
Protocol, unless stated otherwise;
5. When the provisions of the 1992 Fund Convention are incorporated
by reference into this Protocol, "Fund" in that Convention
means "Supplementary Fund", unless stated otherwise;
6. "Ship", "Person", "Owner", "Oil", "Pollution Damage",
"Preventive Measures" and "Incident" have the same meaning as
in Article in of the 1992 Liability Convention;
7. "Contributing Oil", "Unit of Account", "Ton", "Guarantor"
and "Terminal installation" have the same meaning as in Article
1 of the 1992 Fund Convention, unless stated otherwise;
8. "Established claim" means a claim which has been recognised
by the 1992 Fund or been accepted as admissible by decision of
(a) the competent court binding upon the 1992 Fund not subject to
ordinary forms of review and which would have been fully
compensated if the limit set out in Article 4 (4) of the 1992
Fund Convention had not been applied to that incident;
9. "Assembly" means the Assembly of the International Oil
Pollution Compensation Supplementary Fund, 2003, unless
otherwise indicated;
10. "Organization" means the International Maritime
Organization;
11. "Secretary-General" means the Secretary-General of the
Organization.
Article 2
1. An International Supplementary Fund for compensation for
pollution damage, to be named "The International Oil Pollution
Compensation Supplementary Fund, 2003 "(hereinafter" the
Supplementary Fund "), is hereby established.
2. The Supplementary Fund shall in each Contracting State be
recognized as a legal person capable under the laws of that
State of assuming rights and bond and of being a party "
in legal proceedings before the courts of that State. Each
Contracting State shall recognise the Director of the
Supplementary Fund as the legal representative of the
Supplementary Fund.
Article 3
This Protocol 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 accordance 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 accordance with international law
and extending not more than 200 nautical miles from the
baselines from which the breadth of its territorial sea ice
measured;
(b) to preventive measures, wherever taken, to prevent or
minimize such damage.
Supplementary compensation
Article 4
1. The Supplementary Fund shall pay compensation to any person
suffering pollution damage if such person has been unable to
obtain full and adequate compensation for an established claim
for such damage under the terms of the 1992 Fund Convention,
because the total damage exceeds, or there is a risk that it
will exceed, the applicable limit of compensation laid down in
Article 4 (4) of the 1992 Fund Convention in respect of any one
incident.
2. (a) The aggregate amount of compensation payable by the
Supplementary Fund under this Article shall in respect of any
one incident be limited, so that the total sum of that amount
together with the amount of compensation actually paid under the
the 1992 Liability Convention and the 1992 Fund Convention
within the scope of application of this Protocol shall not
exceed 750 million units of account.
(b) The amount of 750 million units of account mentioned in
paragraph 2 (a) shall be converted into national currency on the
the basis of the value of that currency by reference to the Special
Drawing Right on the date determined by the Assembly of the
1992 Fund for conversion of the maximum amount payable under
the 1992 Liability and 1992 Fund Conventions.
3. Where the amount of established claims against the
Supplementary Fund exceeds the aggregate amount of compensation
payable under paragraph 2, 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 claimant under this Protocol shall be the same
for all claimants.
4. The Supplementary Fund shall pay compensation in respect of
established claims as defined in Article 1 (8), and only in
respect of such claims.
Article 5
The Supplementary Fund shall pay compensation when the Assembly
of the 1992 Fund has considered that the total amount of the
established claims exceeds, or there is a risk that the total
amount of established claims will exceed the aggregate amount
of compensation available under Article 4 (4) of the 1992 Fund
Convention and that as a consequence the Assembly of the 1992
Fund has decided provisionally or finally that payments will
only be made for a proportion of any established claim. The
Assembly of the Supplementary Fund shall then decide whether
and to what extent the Supplementary Fund shall pay the
proportion of any established claim not paid under the 1992
Liability Convention and the 1992 Fund Convention.
Article 6
1. Subject to Article 15 (2) and (3), rights to compensation
against the Supplementary Fund shall be extinguished only if
they are extinguished against the 1992 Fund under Article 6 of
the 1992 Fund Convention.
2. (A) A claim made against the 1992 Fund shall be regarded as a
claim made by the same claimant against the Supplementary Fund.
Article 7
1. The provisions of Article 7 (1), (2), (4), (5) and (6) of the
1992 Fund Convention shall apply to actions for compensation
brought against the Supplementary Fund in accordance with
Article 4 (1) of this Protocol.
2. Where an action for compensation for pollution damage has
been brought before a court competent under Article IX of the
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 Supplementary Fund for
compensation under the provisions of Article 4 of this Protocol
in respect of the same damage. However, where an action for
compensation for pollution damage under the 1992 Liability
Convention has been brought before a court in a Contracting
State to the 1992 Liability Convention but not to this
Protocol, any action against the Supplementary Fund under
Article 4 of this Protocol shall at the option of the claimant
be brought either before a court of the State where the
Supplementary Fund has its headquarters or before any court of
a Contracting State to this Protocol competent under Article IX
of the 1992 Liability Convention.
3. Notwithstanding paragraph 1, where an action for
compensation for pollution damage against the 1992 Fund has
been brought before a court in a Contracting State to the 1992
Fund Convention but not to this Protocol, any related action
against the Supplementary Fund shall, at the option of the
claimant, be brought either before a court of the State where
the Supplementary Fund has its headquarters or before any court
of a Contracting State competent under paragraph 1.
Article 8
1. Subject to any decision concerning the distribution referred
to in Article 4 (3) of this Protocol, any judgement given against
the Supplementary Fund by a court having jurisdiction in
accordance with Article 7 of this Protocol, shall, when it has
become enforceable in the State of origin and is in that State
no longer subject to ordinary forms of review, be recognized
and enforceable in each Contracting State on the same
conditions as are UN-prescribed in Article X of the 1992 Liability
Convention.
2. A Contracting State may apply other rules for the
recognition and enforcement of judgments, provided that their
the effect is to ensure that judgments are recognised and enforced
at least to the same extent as under paragraph 1.
Article 9
1. The Supplementary Fund shall, in respect of any amount of
compensation for pollution damage paid by the Supplementary
Fund in accordance with Article 4 (1), of this Protocol, acquire
by subrogation the rights that the person so compensated may
enjoy under the 1992 Liability Convention against the owner or
his guarantor.
2. The Supplementary Fund shall acquire by subrogation the
rights that the person compensated by it may enjoy under the
1992 Fund Convention against the 1992 Fund.
3. Nothing in this Protocol shall prejudice any right of
recourse or subrogation of the Supplementary Fund against
persons other than those referred to in the preceding
paragraphs. In any event the right of the Supplementary Fund to
subrogation against such person shall not be less favourable
than that of an insurer of the person to whom compensation has
been paid.
4. Without prejudice to any other rights of subrogation or
recourse against the Supplementary Fund which may exist, a
Contracting State or agency thereof which has paid compensation
for pollution damage in accordance with the provisions of national
law shall acquire by subrogation the rights which the person so
compensated would have enjoyed under this Protocol.
Contributions
Article 10
1. Annual contributions to the Supplementary Fund shall be made
in respect of each Contracting State by any person who, in the
calendar year referred to in Article 11 (2) (a) or (b), has
received in total quantities exceeding 150.000 tons:
(a) in the port or terminal installation in the territory of
that State contributing oil carried by sea to such ports or
Terminal installation; and
(b) in any installation 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 subparagraph on first
receipt in a Contracting State after its discharge in that
nonContracting State.
2. The provisions of Article 10 (2), of the 1992 Fund Convention
shall apply in respect of the obligation to pay contributions
to the Supplementary Fund.
Article 11
1. With a view to assessing the amount of annual contributions
due, if any, and taking account of the to scout to maintain
sufficient liquid funds, the Assembly shall for each calendar
year make an estimate in the form of a budget of:
(i) Expenditure
(a) the costs and expenses of the administration of the
Supplementary Fund in the relevant year and any deficit from
operations in preceding years;
(b) payments to be made by the Supplementary Fund in the
the relevant year for the satisfaction of claims against the
Supplementary Fund due under Article 4, including repayments on
loans previously taken by the Supplementary Fund for the
satisfaction of such claims;
(ii) Income
(a) surplus funds from operations 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 of
the Supplementary Fund shall, in respect of each Contracting
State, calculate for each person referred to in Article 10, the
amount of that person's annual contribution:
(a) insofar as the contribution is for the satisfaction of
payments referred to in paragraph 1 (i) (a) on the basis of a
fixed sum for each ton of contributing oil received in the
relevant State by such person during the preceding calendar
year; and
(b) insofar as the contribution is for the satisfaction of
payments referred to in paragraph 1 (i) (b) 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
the incident in question occurred, provided that State was a
Contracting State to this Protocol at the date of the incident.
3. The sums referred to in paragraph 2 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 laid
down in the Internal Regulations of the Supplementary Fund. The
The Assembly may decide on a different date of payment.
5. The Assembly may decide, under conditions to be laid down in
the Financial Regulations of the Supplementary Fund, to make
transfers between funds received in accordance with paragraph
2 (a) and funds received in accordance with paragraph 2 (b).
Article 12
1. The provisions of Article 13 of the 1992 Fund Convention
shall apply to contributions to the Supplementary Fund.
2. A Contracting State itself may assume the obligation to pay
contributions to the Supplementary Fund in accordance with the
procedure set out in Article 14 of the 1992 Fund Convention.
Article 15
1. If in a Contracting State there is no person meeting the
conditions of Article 10, that Contracting State shall for the
purposes of this Protocol, inform the Director of the
Supplementary Fund thereof.
2. No compensation shall be paid by the Supplementary Fund for
pollution damage in the territory, territorial sea or exclusive
economic zone or area determined in accordance with Article
3 (a) (ii), of this Protocol, of a Contracting State in respect
of a given incident or for preventive measures, wherever taken,
to prevent or minimize such damage, until the bond to
communicate to the Director of the Supplementary Fund according
to Article 13 (1) and paragraph 1 of this Article have been
complied with in respect of that Contracting State for all
years prior to the occurrence of that incident.
The Assembly shall determine in the Internal Regulations the
circumstances under which a Contracting State shall be
considered as having failed to comply with its bond.
3. Where compensation has been denied temporarily in accordance
with paragraph 2, compensation shall be denied permanently in
respect of that incident if the bond to communicate to
the Director of the Supplementary Fund under Article 13 (1) and
paragraph 1 of this Article, have not been complied with within
one year after the Director of the Supplementary Fund has
notified the Contracting State of its failure to report.
4. Any payments of contributions due to the Supplementary Fund
shall be set off against compensation due to the debtor, or the
debtor's agents.
Transitional provisions
Article 18
1. Subject to paragraph 4, 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
exceed 20% of the total amount of annual contributions pursuant
to this Protocol in respect of that calendar year.
2. If the application of the provisions in Article 11 (2) and
(3) 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 20% 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 20% of the total annual
contributions to the Supplementary Fund in respect of that
year.
3. If the contributions payable by persons in a given
Contracting State shall be reduced pursuant to paragraph 2, the
contributions payable by persons in all other Contracting
States shall be increased pro rata so as to ensure that the
total amount of contributions payable by all persons liable to
contribute to the Supplementary Fund in respect of the calendar
year in question will reach the total amount of contributions
decided by the Assembly.
4. The provisions in paragraphs 1 to 3 shall operate until the
the total quantity of contributing oil received in all Contracting
States in a calendar year, including the quantities referred to
in Article 14 (1), has reached 1,000 million tons or until a
period of 10 years after the date of entry into force of this
Protocol has elapsed, whichever occurs earlier.
International Convention on the establishment of an international
Fund for compensation for oil pollution damage
(constituting extensions to the 1969 International Convention on the
civil liability for oil pollution damage)
The Contracting States,
which are party to the International Convention on the
civil liability for oil pollution damage, as the
adopted in Brussels on 29 november 1969,
What are aware of the risks of pollution that has occurred
through the worldwide transport by sea of oil
cargo in bulk;
What is convinced of the need to ensure
reasonable compensation can be given to those who inflicted harm by
the pollution caused by oil leaked or emptied out
from ships,
who believe that the International Convention of 29
November 1969 on civil liability for damage caused by pollution
by oil represents considerable progress by the created
a system for compensation for pollution damage in the
Contracting States and for expenses for measures
to prevent or minimise such damage, regardless of where such
measures have been taken,
which however considers that this system not always preparing
full compensation to those who suffered damage caused by pollution
through oil while placing a greater financial burden on the
shipowners,
the Foundation believes that the economic consequences of damage
oil pollution which leaked or emptied out
during the transport by sea of bulk should not exclusively be borne by
the shipping industry but should in part be borne by
oil cargo stakeholders,
What is convinced of the need to establish a
compensation schemes in addition to the international
Convention on civil liability for damage caused by pollution
through the oil in order to ensure full compensation may
afforded those who suffered as a result of pollution by oil
and at the same time to relieve the shipowners from increased economic
obligations imposed on them by the Convention,
considering the resolution on the establishment of a
International Fund for compensation for damage caused by
pollution caused by oil which was adopted on 29 november 1969 by the
international legal Conference on damage caused
of marine pollution,
have agreed on the following:
General provisions
Article 1
In this Convention,
1. "civil liability Convention" means the International Convention
on civil liability for oil pollution damage, as the
adopted in Brussels on 29 november 1969.
2. "Ship", "person", "owner", "oil", "damage by
pollution "," prevention "," accident "and
"organisation" is the same as specified in article I of the
"civil liability Convention, however that" oil ", where this expression
found in these definitions, only refers to the persistent
mineral oils containing hydrocarbon.
3. "contributing oil" means crude oil and fuel oil in accordance
with the definitions under (a) and (b) below:
(a) "crude oil" any liquid hydrocarbons that occur in
the natural state of the Earth, regardless of if it is treated
to be considered fit for transport. The term also includes
crude oils from which certain distillation products have been removed
(sometimes called "topped crudes") or which have
added certain distillation products (sometimes called "spiked
crudes "or" reconstituted "crudes).
(b) "fuel oil" heavy distillates or residues from crude oil or
mixtures of such products, which are intended for use
as fuel for producing heat or power and which is
of a quality equivalent to that of the American Society for
Testing and Materials designated fuel oil No. 4 (the letter D
396-69) or thicker.
4. "unit" or "monetary unit": everything after the
circumstances the unit or the monetary unit
referred to in article V of the civil liability Convention as amended
under the Protocol adopted on 19 november 1976.
5. ' ship's tonnage ' are the same as set out in article V
the tenth paragraph of the civil liability Convention.
6. "Ton": when the expression refers to oil, tonnes according to the metric system.
7. "Guarantor": any person who advises insurance or other
financial security to cover the owner's liability as referred to in
the first paragraph of article VII civil liability Convention.
8. "Terminal": the facility for the storage of oil in bulk where oil
transported by sea can be received, including any
device which is land-based and associated with such
facility.
9. Includes an accident by a series of events shall be deemed to have
occurred at the time of the first of these events.
Article 2
1. Hereby establishes an International Fund for compensation for
pollution damage. The Fund shall be known as the International
Fund for compensation for pollution damage,
oil, hereinafter called "the Fund". It has the following
purpose:
(a) to provide compensation for pollution damage in so far as
the protection provided under the civil liability Convention is
inadequate;
(b) to relieve the shipowners from increased economic
obligations imposed on them by the civil liability Convention;
This exemption shall be subject to the conditions laid down
in order to ensure compliance with conventions relating to
safety at sea and other conventions;
(c) to implement related objectives
specified in this Convention.
2. the Fund shall be recognised in the Contracting State in which the legal
person authorised under the law of the State
rights and undertake obligations as well as to be a party to
trial before a court in a Contracting State.
shall recognize the Director of the Fund (referred to below as the
"the Director") as Deputy to the Fund.
Article 3
1. in the case of compensation under article 4 is this Convention
applies only to pollution damage caused: in
Contracting State, including its
territorial waters, and on preventive measures taken
to prevent or minimise such damage.
2. in the case of compensation to vessel owners and their guarantors
According to article 5, the Convention applies only to damage
through pollution, which arose in such prime area
party to the civil liability Convention, including its
territorial waters, and caused by a ship that is
registered in a Contracting State, or of such State
flag, as well as on the preventive measures taken to
prevent or minimise such damage.
Guarantee and compensation
Article 4
1. in order to fulfil the mandate in article 2, first subparagraph
(a) the Fund shall pay compensation to any person who has suffered damage
through pollution, if he doesnt have been unable to obtain full compensation
for the damage under the liability Convention.
(a) due to the non existence of any accountability for
the damage under the liability Convention;
(b) due to the owner who is liable for the damage under the
"civil liability Convention cannot fully meet its
financial obligations and to financial security, which may have
been lodged in accordance with article VII of the Convention, non-respect for
damage or non sufficient to meet
claims; the owner shall be deemed to be financially incapable
to fulfil their obligations and financial security shall
If the injured party is considered insufficient, then he took all
reasonable steps to make use of the legal means are
available for him, not have been able to get out all the
amount of compensation to which he is entitled according to
"civil liability Convention;
(c) because the damage exceeds the owner's liability for such
This has been limited in accordance with the first paragraph of article V
"civil liability Convention or by other international
Convention in force or open for signature,
ratification or accession at the date this Convention is
a dated.
Reasonable expenses and losses incurred by the owner voluntarily
in order to prevent or minimise pollution damage
the application of this article shall be considered as damage by
pollution.
2. the Fund is not liable under the preceding paragraph if
(a) it proves that the damage was caused by contamination of the
Act of war, hostilities, civil war or insurrection or
was caused by oil which leaked or emptied out from warships
or other vessel, which is owned or operated by a State and by
the time of the accident was only used in Government of
purpose other than the business operation; or
(b) the person claiming the indemnity cannot prove that the damage
caused by an accident involving one or more ships.
3. shows the Fund to pollution damage wholly or partly
was caused through the intentional act or wilful
failure by the person suffering the damage or from the negligence of
the latter, in whole or in part, the Fund may be exonerated from its obligation
to pay compensation to him. Such exemption shall, however, not
take place in case of such preventive measures as referred to in
the first paragraph. The Fund shall in any event be
exempt from liability to the extent that the shipowner
may have been exempted from liability under article III third
paragraph, of the civil liability Convention.
4. (a) unless otherwise provided for under (b) of this paragraph, it is
total amount of compensation fund shall pay according to the
This article for any one accident is limited to the sum
of that amount, and the amount of compensation, which actually
paid under the civil liability Convention for damage by
pollution incurred in the Contracting State,
including any amount that the Fund is obligated to indemnify
owner pursuant to the first paragraph of article 5 of this Convention, not
more than 60 million units, or 900 million
monetary units.
(b) the total amount of compensation that may be paid out of the Fund
under this article for pollution damage caused
of a natural phenomenon of an exceptional, inevitable and irresistible character which could not
avoided and whose consequences could not be prevented, must not
exceed 60 million units, or 900 million
monetary units.
5. Where the amount of established claims against the Fund exceeds the
the maximum amount of compensation that may be paid in accordance with the fourth subparagraph,
, the amount available shall be distributed in such a way that
the relationship between any established claim and the
amount of compensation which the claimant actually receives according to
"civil liability Convention and this Convention is the same for
all claimants.
6. The Fund's Assembly (referred to below as "the Assembly")
may, taking into account the experience gained of past
accidents and especially the size of the damage caused by
these accidents and changes in currency values, decide to
change the amount of 30 million units, or 450
million monetary units referred to in subparagraph 4 (a) and
(b) that amount may, however, not in any case exceed 60
million units, or 900 million monetary units
or less than 30 million units, or 450
million monetary units. The changed amount shall be applied
for accidents that occur after the date of the decision on the change
been taken.
7. at the request of a Contracting State shall fund in
the necessary scope to refer their services at the disposal of
This State to help this to quickly dispose of
personnel, equipment and services that the State needs to
to take measures to prevent or limit the
pollution damage, caused by an accident with regard to
the Fund may have to pay compensation under this
Convention.
8. On the conditions to be laid down in the Fund's regulations,
the Fund set the credit facilities available to
enable preventive measures to be taken against damage by
pollution, caused by an accident in respect of which the Fund
may have to pay compensation under this Convention.
Article 6
1. The right to compensation under article 4 or remedy
in accordance with article 5 shall be extinguished unless an action non brought under
the provisions of these articles or intelligence non
submitted pursuant to article 7, sixth paragraph, within three years from the
date on which the damage occurred. The action may be brought in any case, however, the non-
for six years from the date of the accident that caused the
the damage.
2. Notwithstanding the provisions of the first subparagraph shall
the owner or his garants right of redress from the Fund
According to article 5, first subparagraph, non in any case cease
earlier than six months from the date on which the owner or his
Garant had knowledge that the action was brought against him in accordance with
"civil liability Convention.
Article 7
1. Unless otherwise follows from the provisions of this article,
an action against the Fund for compensation under article 4 or
reparation in accordance with article 5 of this Convention may be brought only
at the Court, under article IX of the civil liability Convention is
jurisdiction to entertain an action against the owner who is responsible for
pollution damage caused by the accident,
or what would have been liable if non provisions of
the second paragraph of article III of the civil liability Convention owned
application.
2. Each State party shall ensure that its courts
have the requisite jurisdiction to hear such an action against the Fund as
referred to in the first subparagraph.
3. Have an action for compensation for pollution damage brought
against the ship's owner or his guarantor in the jurisdiction
in accordance with article IX of the civil liability Convention, is this Court
as far as it concerns the same injury has exclusive jurisdiction to hear and determine actions against
Fund for compensation or reparation in accordance with the provisions of
Article 4 or 5 of this Convention. However, an action for
compensation for pollution damage brought under
"civil liability Convention before the courts in the State, which acceded to
"civil liability Convention but not to this Convention,
against the Fund under article 4 or article 5, first subparagraph, of
This Convention may be brought according to the plaintiff's choice either at
the courts of the State where the Fund has its headquarters or at under
Article IX of the civil liability Convention, the competent court in the State,
as a party to the present Convention.
4. Each State party shall ensure that the Fund has the right
to become a party to the proceedings pursuant to article IX of the
"civil liability Convention suggested against the ship's owner or his
guarantor in the jurisdiction of that State.
5. Except in the cases referred to in the sixth paragraph, the Fund is non
bound by the judgment or decision in proceedings to which it doesnt have
party, or of the settlement, in which the non-participated.
6. Have an action for compensation for pollution damage brought
under the civil liability Convention against the owner or his
guarantor in the jurisdiction of a Contracting State, the party
in the case be entitled under the national law of this
State to inform the Fund about the lawsuit, but that this may
lead to interference with the provisions of the fourth subparagraph. If
such a notification has been given in conformity with the
regulations in respect of formally laid down in the law of the
State where the action was brought and within such time and in such a way that
the Fund has been able to effectively intervene as a party to the
the trial, the judgment of the Court in such
trial then it becomes final and enforceable in the
State in which it was delivered, be binding on the Fund in the
importance to the Court's ruling in the matter not allowed
questioned by the Fund, although the Fund actually doesnt have entered
in the trial.
Article 8
Judgment given against the Fund by a court having jurisdiction under
Article 7, first and third subparagraphs shall, if it can
enforceable in the State in which it was delivered, and there no longer can
be appealed to ordinary forms of review, be recognised and enforced in
all Contracting States under the conditions set out
in article X of the civil liability Convention and in compliance with
decision concerning the distribution referred to in article 4 the fifth subparagraph of this
Convention.
Article 9
1. subject to the provisions of article 5 shall arise
the Fund, in respect of the amounts paid in compensation for
pollution damage as defined in article 4 the first paragraph of this
Convention, in the right which it thus received compensation
may have under the civil liability Convention against the owner or his
guarantor.
2. the provisions of this Convention shall not restrict the Fund's
recourse or subrogation against a person other than that referred to in
the previous paragraph. In any case, the Fund's
to subrogation against such person not be less favourable than
the right of an insurer for the
received compensation or remedy.
3. Has the State party or authority in such State
According to the provisions of national law, paid compensation for
pollution damage shall state or authority arise in
the right of the receiving compensation would have had under the
This Convention. However, this should not prevent other
subrogation or recourse rights that might be claimed
against the Fund.
Fees
Article 10
1. Contributions to the Fund shall, in respect of each
Contracting State, to be paid by any person who, during the
calendar year referred to in the first paragraph of article 11 in respect of
because fees and in the calendar year referred to in article 12
second subparagraph (a) or (b) in respect of annual contributions, received
a total of more than 150 000 tonnes
(a) contributing oil transported by sea to the port
or terminal in the State's territory; and
(b) contributing oil in establishment located within the
Contracting State's area, if this oil transported
by sea and discharged in the port or terminal in the State which is not
Contracting State, however, that this oil should only be
in the calculation under this provision when the first
time is received in a Contracting State after being unloaded in
non-Contracting State.
2. (a) if the quantity of contributing oil as someone in a
calendar year received in Contracting State
overall, with the quantity of contributing oil as the year
received in the same Contracting State of the other with whom he
are associated enterprises exceeds 150 000 metric tons, should he pay
fee referred to in the first subparagraph for the amount he actually
received although this amount did not exceed 150 000 tonnes.
(b) With "other with which he is associated enterprises" of course
each subsidiary or jointly controlled entity. The question of the
anyone covered by this definition shall be determined according to the
He State's national law.
Article 12
1. in order to determine the annual fee, if the annual fees shall
deleted, shall be paid by the person referred to in article 10,
the Assembly, having regard to the need for adequate
cash and cash equivalents are available, for each calendar year make an estimate in
the form of a budget of:
(i) expenditure
(a) the costs and expenses of the administration of the Fund during the year
and any deficit from operations in the previous
years;
(b) payments from the Fund in the year of the payment of
claims against the Fund under article 4 or 5, including
repayment of loans previously obtained by the Fund to
paying such claims, to the extent that the receivables as
refers to a single accident in total do not exceed 1 million
units, or 15 million monetary units;
(c) payments from the Fund in the year of the payment of
claims against the Fund under article 4 or 5, including
repayment of loans previously obtained by the Fund to
paying such claims, to the extent that the receivables as
relating to one and the same accident, a total exceeding 1 million
units, or 15 million monetary units;
(ii) income
(a) surplus from operations in preceding years, in that
including any interest;
(b) basic fees payable during the year;
(c) annual fees, if such is necessary to balance
the budget;
(d) other income.
2. the annual fee shall be for everyone, as referred to in article 10
be determined by the Assembly. The fee in respect of each
a Contracting State shall be calculated:
(a) to the extent the fee is intended to be used to
payment of the debt claims referred to in the first subparagraph (i) (a) and
(b), on the basis of a specific amount per tonne, contributing
oil is the culprit of the fee during the previous calendar year
received in the State; and
(b) to the extent the fee is intended to be used to
payment of the debt claims referred to in the first subparagraph (i) (c) of
This article, on the basis of a specific amount per tonne
contributing oil as the culprit in the fee received
calendar year preceding that in which the relevant accident occurred, if
This state at the time of the accident had joined this
Convention.
3. the amounts referred to in the second subparagraph is obtained by dividing the
the total amount of the fee required by the total
the quantity of contributing oil received in all
Contracting States in the relevant year.
4. The Assembly shall decide the amount of the annual fee which
immediately payable in cash and set a date for
the payment. The remainder is payable on demand by
the Director.
5. the Director may, in the cases and under the conditions
shall be stated in the Fund's regulations require that a fee required
set financial security for the amount that he is required to
pay.
6. Every claim for payment pursuant to the fourth paragraph, the order was
and one of the fee-required relate to the same fraction of the fee.
Article 13
1. the amount referred to in article 12 and which is due
shall bear interest in accordance with the räntefot, who fixed the establishment of
Assembly for each calendar year, with various räntefot,
be defined for different circumstances.
2. each Contracting State shall ensure that the obligation
to pay the fee to the Fund under this Convention for oil
received within the prerogatives of the State tasks have been. It shall
take appropriate legislative measures to these
obligations to be carried out effectively, including
the imposition of such sanctions as it considers necessary.
Measures may, however, be directed only against those who are guilty
to pay the fee to the Fund.
3. If the person who is liable to pay the levy to the Fund pursuant to
articles 10 and 11 in whole or in part is in delay with
payment after three months from the due date, shall
the Director on behalf of the Fund, take all appropriate measures
against that person to recover the amount due. Is the
fee obligation is manifestly insolvent or otherwise exists
reason, however, the Assembly on the proposal of the
the Director may decide that no action shall be taken against the
charging the culprit or to measures already initiated non shall
be pursued.
Annex 2
Articles 1-6, 8-12, 14 and 15 of the 1992 Protocol of amendment
for the 1971 International Convention on the establishment of a
International Fund for compensation for damage caused by
pollution by oil
the 1992 Protocol to the 1971 International
Convention on the establishment of an International Fund for
compensation of oil pollution damage
The parties to this Protocol
which took account of the 1971 International Convention on
the establishment of an International Fund for compensation for damage
oil pollution and the 1984 Protocol to the
This,
who has noted that the 1984 Protocol to that Convention,
providing for improved implementation and greater compensation,
has not entered into force,
Reaffirming the importance of maintaining the international
liability and compensation system for oil damage,
conscious of the need to ensure that the contents of
the 1984 Protocol shall enter into force as soon as possible,
recognising the advantage for States that during a transitional period to allow
the revised Convention is applied at the same time and be a
extensions to the original Convention,
convinced that the economic impact of the damage
by contamination resulting from the carriage of oil in bulk at
Sea with vessels should be shared by the shipping industry and
oil cargo interests and
conscious of the 1992 Protocol of amendment to the 1969
International Convention on civil liability for damage caused by
pollution by oil
have agreed as follows:
Article 1
The Convention as amended by this Protocol is the 1971
International Convention on the establishment of an international
Fund for compensation for oil pollution damage,
hereinafter referred to as "the 1971 Fund Convention". For States that
connected to the 1976 Protocol to the 1971
Fund Convention shall be deemed to include the 1971 reference
Fund Convention as amended by that Protocol.
Article 2
Article 1 of the 1971 Fund Convention is amended as follows.
1. The first subparagraph is replaced by the following text.
1. "the 1992 Liability Convention": the 1992 international
Convention on civil liability for pollution damage,
oil.
2. After the first paragraph, a new paragraph 1 bis, according to
the following.
1 bis. "the 1971 Fund Convention": the 1971 International
Convention on the establishment of an International Fund for
compensation of oil pollution damage. For
States bound by the 1976 Protocol to the
Convention, the reference shall be deemed to include the 1971
Convention as amended by that Protocol.
3. The second paragraph is replaced by the following text.
2. "Ship", "person", "owner", "oil", "damage by
pollution "," prevention "," accident "and
"organization" has the same meaning as in article i of the 1992
"civil liability Convention.
4. the Fourth subparagraph is replaced by the following text.
4. "unit" has the same meaning as in article V of the 9th
subparagraph, of the 1992 Liability Convention.
5. The fifth paragraph is replaced by the following text.
5. "vessel tonnage" has the same meaning as in article V, the 10th
subparagraph, of the 1992 Liability Convention.
6. The seventh paragraph is replaced with the following text.
7. "Guarantor" refers to any person who informs the insurance or
set other financial security to cover the liability of the owner
According to the first subparagraph of article VII of the 1992
"civil liability Convention.
Article 3
Article 2 of the 1971 Fund Convention is amended as follows.
The first paragraph is replaced by the following text.
1. An International Fund for compensation of damage by
pollution, which shall be called "the 1992 international
oil pollution compensation fund "and that in the following referred to as" the Fund ", is established
hereby, for the following purposes.
a) to provide compensation for the damage caused by pollution in the
so far as they are not reimbursed under the 1992
the CLC Convention and
(b)) in order to meet the purposes set out in this Convention.
Article 4
Article 3 of the 1971 Fund Convention is replaced by the following text.
This Convention only applies to
a) to pollution damage arising
in a Contracting State) in the area, including its
territorial waters and
II) within a Contracting State's exclusive economic zone,
established in accordance with international law, or, if
State has not established such a zone, in an area
outside the territorial waters of the State and adjacent to the
which has been determined by that State in accordance with international law
rules and which does not extend beyond 200 nautical
miles from the baselines from which the territorial waters are measured, the State
b) preventive measures, wherever taken, to prevent
or limit such damage.
Article 5
In the title of articles 4-9 of the 1971 Fund Convention is
the words "and compensation" removed.
Article 6
Article 4 of the 1971 Fund Convention is amended as follows.
1. In the first subparagraph, the five references to
"civil liability Convention" be replaced with references to "1992
the annual "civil liability Convention".
2. The third paragraph is replaced by the following text.
3. shows the Fund to pollution damage wholly or partly
was caused through the intentional act or wilful
failure by the injured person or the negligence of that person,
the Fund may be exonerated wholly or partly from his obligation to
pay compensation to him. In each case, the Fund shall be exempted
from his obligation to the extent that the shipowner may
be exempt under article III of the 1992
"civil liability Convention. The Fund, however, is never freed
from his obligation with regard to preventive measures.
3. the Fourth subparagraph is replaced by the following text.
4. a) unless otherwise provided in (b)) or c) of this piece is
the total amount that the Fund shall pay under this
Article limited to one and the same accident so that the sum of the
amount and the amount of compensation actually paid
According to the 1992 Liability Convention for damage by
pollution, which falls within this Convention,
tilllämpningsområde referred to in article 3, shall not exceed 135
million units.
b) unless otherwise provided for in (c)), the total
amount of compensation fund shall issue under this article
not exceed 135 million units for an injury
pollution caused by a natural phenomenon of an exceptional, inevitable and irresistible
character that could not be avoided and whose consequences are not
been prevented.
(c) the maximum amount of compensation under) a) and b) shall be
200 million units for accidents that occur during the
a time when the three States are bound by the Convention and received on
contributing oil in these States in total amounted to
or exceeded 600 million tonnes in the previous
calendar year.
d) interest accrued on a fund established pursuant to article V
the third paragraph of the 1992 Liability Convention shall not be taken
in the calculation of the maximum amount that the Fund has to
pay under this article.
(e)) the amounts referred to in this article shall be converted into the
the national currency on the basis of the value of the currency had in
relation to the special drawing right on the date
the Fund's Assembly establishes that the first day of payment
of compensation.
4. The fifth paragraph is replaced by the following text.
5. Where the amount of established claims against the Fund exceeds the
total amount of the compensation referred to in the fourth subparagraph, shall
the amount available shall be distributed in such a way that the relationship between
an established claim and the amount of compensation which the creditor
actually receive under this Convention are the same for all
creditors.
5. The sixth paragraph is replaced with the following text.
6. The Fund's Assembly may, in exceptional circumstances, decide to
compensation under the Convention may be paid even if the
the shipowner has not established a Fund in accordance with article V
the third paragraph of the 1992 Liability Convention. In such cases
applied also, fourth subparagraph e) of this article.
Article 8
Article 6 of the 1971 Fund Convention is amended as follows.
1. In the first paragraph starts the numbering and the words "or
reparation in accordance with article 5 ".
2. The second paragraph is repealed.
Article 9
Article 7 of the 1971 Fund Convention is amended as follows.
1. In the first, third, fourth and sixth paragraphs are replaced the seven
the references to "civil liability Convention" with references
to "the 1992 Liability Convention".
2. In the first paragraph is based on the words "or indemnification under
Article 5 ".
3. In the third paragraph, first sentence, the words "or deleted
remedy "and" or 5 ".
4. In the second sentence of the third paragraph is based on the words "or article 5
the first paragraph ".
Article 10
Article 8 of the 1971 Fund Convention is replaced the reference
to "civil liability Convention" with a reference to "1992
the annual "civil liability Convention".
Article 11
Article 9 of the 1971 Fund Convention is amended as follows.
1. The first subparagraph is replaced by the following text.
1. the Fund shall arise, in respect of the amount that the Fund has paid
in compensation for pollution damage as defined in article 4, first
paragraph of this Convention in the law as that has a
such compensation may have under the 1992 Civil Liability Convention
against the owner or his guarantor.
2. In the second paragraph is based on the words "or compensation".
Article 12
Article 10 of the 1971 Fund Convention is amended as follows.
The introduction of the first subparagraph is replaced by the following text.
Annual contributions to the Fund shall, in respect of each Contracting
State, paid by every one who during the calendar year referred to
in the second paragraph of article 12 (a)) or b) received a total of
more than 150 000 tonnes
Article 14
Article 12 of the 1971 Fund Convention is amended as follows.
1. In the introduction to the first paragraph, deleted the words "by the person who
referred to in article 10 ".
2. In the first subparagraph of) b) and (c)) the words "or 5" and
replaced the words "15 million francs" with the words "four million
units of account ".
3. The first subparagraph ii) b).
4. In the first subparagraph ii) becomes point (c)) paragraph (b)) and item (d))
become paragraph (c)).
5. The introduction to the second paragraph is replaced by the following text.
The Assembly shall determine the total amount of fees
to the Fund. On the basis of that decision, the Director of
Each Contracting State shall calculate the annual fee, each
a referred to in article 10 shall pay
6. the Fourth subparagraph is replaced by the following text.
4. The annual fee shall be due and payable as determined
in the Fund's internal regulations. The Assembly may decide on other
the date of payment.
7. The fifth paragraph is replaced by the following text.
5. the Assembly may decide, as established in
the Fund's financial regulations, to transfer funds between the
funds established pursuant to article 12 (2) (a)) and 12 (2) (b)).
8. The sixth paragraph is repealed.
Article 15
Article 13 of the 1971 Fund Convention is amended as follows.
1. The first subparagraph is replaced by the following text.
1. the amount referred to in article 12 and which is due
payable shall bear interest rate with a rate that
established in the Fund's internal regulations. Different interest rates may
be defined for different circumstances.
2. In the third subparagraph are replaced the words "articles 10 and 11" with
the words "articles 10 and 12." The words "when three months elapsed
from the due date ".
Annex 3
The International Maritime Organisation resolution LEG 2 (82)
on 18 October 2000 on amendment of the liability amounts in the 1992
Protocol to the 1971 International Convention on
the establishment of an International Fund for compensation for damage
oil pollution
Resolution LEG 2 (82)
(adopted on 18 October 2000)
Adoption of amendments to the liability amounts in the 1992 protocols
for the 1971 International Convention on the establishment of a
International Fund for compensation for damage caused by
pollution by oil
The legal Committee at its 82nd meeting
Recalling article 33 (b) of the Convention on the
the International Maritime Organisation (IMO-
Convention) the tasks of the Committee,
Noting Article 36 in the IMO Convention concerning rules
as regards the procedures to be followed when performing
the functions imposed on the international
conventions or acts,
who even remembers article 33 of the 1992 Protocol to the 1971
the International Convention on the establishment of a
International Fund for compensation for damage caused by
oil pollution (hereinafter the 1992 Fund Protocol)
regarding the procedures to change the amounts of liability referred to
in article 6 of the 1992 Fund Protocol,
that has taken into account the changes to the liability amounts that have
proposed and disseminated in accordance with the rules in
Article 33(1) and (2) of the 1992 Fund Protocol,
1. adopts, in accordance with article 33(4) of the 1992
Fund Protocol, the amendment of the liability amounts set out in the
Article 6 of the 1992 Fund Protocol, in accordance with the
set out in the annex to this resolution,
2. Decides, in accordance with article 33(7) of the 1992
Fund Protocol, that these modifications shall be deemed accepted on 1
May 2002 unless, prior to that date, at least a quarter of the
States which were Contracting States on the date on which those
amendments adopted (18 October 2000) has informed the
the organization that they do not accept such changes;
3. Decides further that, in accordance with article 33.8 of the 1992
Fund Protocol, these changes, which are deemed accepted under
point 2 above, shall enter into force on 1 november 2003,
4. Requests that the Secretary-General, in accordance with
Article 33(7) and 38(2) we of the 1992 Fund Protocol,
transmit certified true copies of this resolution and of the
amendments contained in its annex to all States that have
signed or acceded to the 1992 Fund Protocol,
and
5. Requests the Secretary-General to transmit copies
of this resolution and its annex to the members of the
the organization which have not signed or acceded
to the 1992 Fund Protocol.
Motion for a resolution annex
Changes of the liability amounts in the 1992 Protocol to the 1971
International Convention on the establishment of an international
Fund for compensation for oil pollution damage
Article 6 of the 1992 Fund Protocol is amended as follows.
The reference in paragraph 4 (a) to "135 million units"
shall read "203 000 000 units of account";
the reference in paragraph 4 (b) to "135 million units"
shall read "203 000 000 units of account"; and
the reference in paragraph 4 to "200 million units"
shall read "300 740 000 units of account".
Annex 4
Articles 1 to 12, 15 and 18 of the 2003 Protocol to the 1992
International Convention on the establishment of an international
Fund for compensation for oil pollution damage
(the 2003 Fund Protocol)
the 2003 Protocol to the 1992 International Convention on
the establishment of an International Fund for compensation for damage
oil pollution
The States parties to this Protocol,
Recalling the 1992 International Convention on
civil liability for oil pollution damage (below
called "the 1992 Liability Convention"),
which took account of the 1992 International Convention on
the establishment of an International Fund for compensation for damage
oil pollution (hereinafter "1992
Fund Convention "),
confirming the importance of maintaining the strength of the
International liability and compensation system for
oil damage,
Noting that the maximum compensation amount
provided by the 1992 Fund Convention may be
insufficient to meet compensation needs in certain
circumstances in some of the States that are parties to the
the Convention,
who is aware that a number of States that are parties to the 1992
the annual "civil liability Convention and the 1992 Fund Convention considers
that it is necessary and urgent to make available
additional funds for compensation by establishing a
supplementary system that States can join if they
so wish,
who is of the opinion that the supplementary scheme should
seek to ensure that those affected by the damage caused by
oil pollution will receive full compensation for loss or
damage; It should also alleviate the difficulties injured
in cases where there is a risk that the
amount of compensation available under the 1992
"civil liability Convention and the 1992 Fund Convention is
insufficient for full compensation of established claims, and
to the 1992 international oil pollution compensation fund, as a result of
This, provisionally decided that it will only pay
a proportion of any established claim,
who believe that the ability to connect to the
supplementary system shall be open only to States which
are parties to the 1992 Fund Convention,
have agreed as follows.
General provisions
Article 1
For the purposes of this Protocol:
1. the 1992 Liability Convention: the 1992 international
Convention on civil liability for pollution damage,
oil.
2. the 1992 Fund Convention: the 1992 International Convention
on the establishment of an International Fund for compensation of
oil pollution damage.
3. the 1992 Fund: the 1992 international oil pollution compensation fund,
established by the 1992 Fund Convention.
4. a Contracting State means any State which is a party to this
Protocol, unless otherwise specified.
5. When the provisions of the 1992 Fund Convention are incorporated with
This Protocol by reference to the Fund in the
the Convention refers to the Supplementary Fund, unless otherwise stated.
6. Vessel, person, owner, oil, pollution damage,
preventive measures and accident has the same meaning as in
Article I of the 1992 Liability Convention.
7. "contributing oil, unit, tone, guarantor and
the Terminal has the same meaning as in article 1 of the 1992
Fund Convention, unless stated otherwise.
8. certified claims: a claim that has been approved by the 1992
Fund, or has been accepted by one of the 1992 Fund binding
decision of the competent court which can no longer be appealed with
ordinary remedies, and that would have been replaced in full unless
the limit laid down in article 4(1) of the 1992 Fund Convention
had applied for the current disaster.
9. Assembly: Assembly of the 2003 international
supplementary oil pollution compensation fund, unless otherwise stated.
10. "organization" means the International Maritime Organisation.
11. the Secretary-General: the Organization's Secretary-General.
Article 2
1. An international supplementary fund for compensation for
pollution damage, to be named "2003
international oil pollution compensation supplementary fund "(hereinafter referred to as
"the supplementary fund") is hereby established.
2. The supplementary fund shall in each Contracting
State be recognized as a legal entity with jurisdiction according to the law of
the State to acquire rights and assume obligations
as well as being a party in legal proceedings before the courts of that State.
Each Contracting State shall recognize the complementary
the Fund's Director as Deputy to the complementary
Fund.
Article 3
This Protocol is only applicable
a) to pollution damage arising
in) within a Contracting State territory, including its
territorial waters, and
II) within a Contracting State's exclusive economic zone,
established in accordance with international law, or, if a
Contracting State has not established such a zone, in
an area beyond and adjacent to the State's
territorial waters, which have been determined by the State in accordance
with the rules of international law and which does not extend further out
than 200 nautical miles from the baselines from which the State
territorial waters are measured,
b) preventive measures, wherever taken, to prevent
or limit such damage.
Complementary compensation
Article 4
1. The supplementary fund shall pay compensation to be
and one who has suffered pollution damage if such person
have not been able to obtain full compensation for an established claim
in respect of such damage under the 1992 Fund Convention, on
because the total damage exceeds, or is likely
to exceed, the applicable limit of compensation under
Article 4(4) of the 1992 Fund Convention for a single accident.
2. a) the total amount of the complementary
the Fund shall pay under this article are of the same
accident limited so that the sum of that amount and the
amount of compensation actually paid under the 1992
"civil liability Convention and the 1992 Fund Convention within the
the scope of this Protocol does not exceed 750
million units.
(b)) the amount of 750 million units of account mentioned in
paragraph 2 (a) shall be converted into national currency on the basis of
the value of the currency in relation to the particular
drawing right on the date determined by the Assembly of the 1992
Annual Fund for conversion of the maximum amount of compensation which may
payable under the 1992 Civil Liability Convention and the 1992
Fund Convention.
3. Where the amount of established claims against the supplementary
the Fund exceeds the aggregate amount of compensation which may
be paid in accordance with paragraph 2, the amount available
be allocated so that the relationship between each proved the claim and
the amount of compensation the claimant actually receives
According to this Protocol is the same for all claimants.
4. The supplementary fund shall pay compensation in respect of
established claims as defined in article 1(8), and
only for such claims.
Article 5
The supplementary fund shall pay compensation when
the Assembly of the 1992 Fund has found that the total
the amount of established claims exceeds, or
There is a risk that the total amount of certified
claims will exceed, the amount of compensation
available in accordance with article 4(4) of the 1992 Fund Convention
and that the Assembly of the 1992 Fund, as a result of this,
has decided provisionally or finally that payments
only will be made a part of any established claim. The
Supplementary Fund Assembly shall then decide
whether and to what extent the supplementary fund
shall pay the part of an established amount receivable that has not been replaced
According to the 1992 Civil Liability Convention and the 1992
Fund Convention.
Article 6
1. without prejudice to article 15(2) and (3) the right
to compensation from the supplementary fund only if the right
have ceased to exist in relation to the 1992 Fund under article 6 of the
the 1992 Fund Convention.
2. A claim made against the 1992 Fund shall be considered as
a claim from the same creditor against the
Supplementary Fund.
Article 7
1. the provisions of article 7.1, 7.2, 7.4, 7.5 and 7.6 in 1992
Annual Fund Convention shall apply in the case of an action for
compensation brought against the Supplementary Fund in
accordance with article 4 (1) of this Protocol.
2. where an action for compensation for pollution damage has
brought against the vessel owner or his guarantor before a court which
competent under article IX of the 1992 Liability Convention;
This Court in respect of the same damage alone has competence to
in any proceedings brought against the Supplementary Fund for compensation
in accordance with the provisions of article 4 of this Protocol. If
However, the action for compensation for pollution damage has
brought under the 1992 Liability Convention before a Court of
a State which is a party to the 1992 Civil Liability Convention but
not to this Protocol, any action against the supplementary
the Fund under article 4 of this Protocol in accordance with the claimant's choice
be brought either before a Court of the State in which the
Supplementary Fund has its headquarters or at an article
IX of the 1992 Liability Convention has jurisdiction in a State
which are party to this Protocol.
3. If an action against the 1992 Fund for compensation of damage by
pollution has been brought before a court in a State party to the
the 1992 Fund Convention but not to this Protocol, shall, without
by way of derogation from paragraph 1, a related action against the supplementary
the Fund, after the claimant's choice, be brought either before a Court of
the State where the Supplementary Fund has its headquarters or at
a Contracting State competent under paragraph
1.
Article 8
1. A judgment given against the supplementary fund by a
Court which has jurisdiction pursuant to article 7 of this Protocol
shall, if the judgment is enforceable in the State in which it was announced
and there can no longer be appealed with the ordinary legal remedies,
be recognised and enforced in all the Contracting States in
the conditions set out in article X of the 1992
the CLC Convention, as well as in compliance with decision
distribution in accordance with article 4 (3) of this Protocol.
2. A Contracting State may apply other provisions of
recognition and enforcement of judgments, on the application of
These provisions lead to judgments recognised and enforced
at least to the same extent as under paragraph 1.
Article 9
1. The supplementary fund shall arise in respect of amounts
the Supplementary Fund has paid compensation for damage
by pollution in accordance with article 4(1) of the Protocol, in the
right as the one that has received such compensation may have under 1992
the annual "civil liability Convention against the owner or his guarantor.
2. The supplementary fund shall arise in the law that the
have received compensation from the supplementary fund may have
According to the 1992 Fund Convention against the 1992 Fund.
3. The provisions of this Protocol shall not affect the
Supplementary Fund of recourse or subrogation against other
person than referred to in the preceding paragraphs. During all
conditions, the supplementary fund to subrogation
against such a person should not be less favourable than the right
There is an insurer for the receiving
compensation.
4. If a Contracting State or an authority of such
State in accordance with the provisions of national law has paid compensation
for pollution damage shall state or authority
Enter the correct as that has a replacement would have
had under this Protocol. However, this should not prevent the
other subrogation or recourse, dishes that can be made
invoked against the supplementary fund.
Fees
Article 10
1. Annual contributions to the supplementary fund shall, in respect of
Each Contracting State is paid by everyone that under
the calendar year referred to in article 11(2)(a) or 11.2 (b) taken
received a total of more than 150 000 tonnes
a) contributing oil transported by sea to a
port or terminal in the State's territory, and
b) contributing oil in an establishment located within the
Contracting State's area, if this oil transported
by sea and discharged in a port or terminal of a State
that is not a Contracting State, in which case this oil only
shall be taken into account under that provision as it
the first time is received in a Contracting State after having
unloaded in a State which is not a Contracting State.
2. the provisions of article 10.2 of the 1992 Fund Convention
shall apply in respect of the obligation to pay contributions to the
the supplementary fund.
Article 11
1. in order to determine the annual fee, if the annual fees shall
deleted, shall be paid, should the Assembly with regard to the
the need to have sufficient liquid assets available, for
each calendar year make an estimate in the form of a budget of:
I) expenses
a) costs and expenses of the supplementary fund
management during the year and any deficit from
activities during the previous year,
b) payments from the Supplementary Fund during the year for
payment of claims against the supplementary fund under
Article 4, including the repayment of loans previously
has been taken up by the Supplementary Fund in order to pay
such claims.
II) income
a) surplus from operations in preceding years, in that
including any interest,
b) annual fees, if required to balance the budget,
and
c) other income.
2. the Assembly shall fix the amount of the total of
fees to be charged. On the basis of the decision shall
the Director of the supplementary fund each Contracting
State shall calculate the annual fee, each of which is referred to in article
10 shall pay,
a) to the extent the fee is intended to be used to
payment of the debt claims referred to in paragraph 1 (a), on the basis of
a specific amount per tonne of contributing oil as the
charging the culprit during the preceding calendar year received in
State concerned, and
(b)) to the extent the fee is intended to be used to
payment of the debt claims referred to in paragraph 1 (b), on the basis of
a specific amount per tonne of contributing oil as the
charging the culprit received during the calendar year preceding that in which
the relevant accident occurred, if that State at the time
for the accident were party to this Protocol.
3. The amounts referred to in paragraph 2 is obtained by dividing the
total amount of the fee required by the total
the quantity of contributing oil received in all
Contracting States in the relevant year.
4. The annual fee shall be due and payable as determined
in the Supplementary Fund's internal regulations. Assembly
may decide on a different date for the payment.
5. the Assembly may decide, as set out in the
accompanying the financial regulations, to transfer
funds between the funds set up under paragraph 2(a) and (b).
Article 12
1. the provisions of article 13 of the 1992 Fund Convention
apply to contributions to the supplementary fund.
2. A Contracting State may itself take on the obligation
to pay contributions to the Supplementary Fund in accordance
with the procedure laid down in article 14 of the 1992
Fund Convention.
Article 15
1. where a Contracting State is no person
meeting the requirements of article 10, the Contracting
the State, for the purposes of this Protocol, inform the
Supplementary Fund's Director about this.
2. The supplementary fund shall not compensate for
pollution damage within a Contracting State
territory, territorial sea or exclusive economic zone
or area determined in accordance with article 3 (a) (ii) of this
Protocol for a given incident or for preventive
measures, wherever taken, to prevent or limit
such damage, before the obligation to inform the
Supplementary Fund's Director in accordance with article 13(1) and
paragraph 1 of this article have been fulfilled by the Contracting
State for all years prior to this accident.
The Assembly shall determine in the internal regulations under
what circumstances any Contracting State shall be deemed to have
failed in their obligations.
3. If compensation has been suspended in accordance with paragraph
2, final compensation shall be refused in respect of the accident if
the obligations to notify the supplementary fund
Director in accordance with article 13(1) and paragraph 1 of this article
completed within one year after the date of the supplementary
the Fund's Director has notified the Contracting State
its failure to report.
4. All fees shall be paid to the complementary
the Fund shall be deducted from the compensation to be paid to the
the debtor or his representative.
Transitional provisions
Article 18
1. subject to paragraph 4, the total
the amount of the annual contributions of contributing oil which has been
received in a single Contracting State during a calendar year
not exceed 20% of the total amount of annual contributions
under this Protocol for the calendar year.
2. On the application of the provisions of article 11(2) and (3)
leads to the total amount of fees
paid for by the fee required in an individual Contracting
State for one calendar year exceeds 20% of the sum of
annual contributions, the contributions payable by
the fee required in that State shall be reduced pro rata so that
their combined contributions represent 20% of the total amount
of the annual contributions to the Supplementary Fund for that year.
3. If the fees payable by the fee required in a
a Contracting State shall be reduced pursuant to paragraph 2, the
contributions payable by the fee required in other
Contracting States shall be increased pro rata so that the total
the sum of the fees to be paid by those who are required to
pay contributions to the Supplementary Fund for the calendar year
in question will reach the total of charges
adopted by the Assembly.
4. the provisions of paragraphs 1 to 3 shall apply until
the total quantity of contributing oil received in the
Contracting States in a calendar year, the amounts
referred to in article 14(1) included, amounting to 1,000 million
tonnes, up until ten years have passed from the time
This Protocol entered into force.