Act (2005:253) For Compensation From The International Oil Pollution Compensation Funds

Original Language Title: Lag (2005:253) om ersättning från de internationella oljeskadefonderna

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2005:253

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.