Key Benefits:
Original text
(Status on 18 February 2014)
The Parties to this Protocol,
Having considered the 1969 International Convention 2 On civil liability for oil pollution damage and the 1984 Protocol thereto,
Noting that the 1984 Protocol to that Convention, which extends its scope and provides for increased compensation, has not yet entered into force,
Affirming the importance of maintaining the viability of the international system of liability and compensation for oil pollution,
Conscious of the need to ensure as soon as possible the entry into force of the contents of the 1984 Protocol,
Recognising that special provisions are needed for the introduction of amendments corresponding to the 1971 International Convention 3 Establishing an International Compensation Fund for Oil Pollution Damage,
Agreed to the following provisions:
The Convention which is amended by the provisions of this Protocol is the 1969 International Convention on Civil Liability for Oil Pollution Damage, hereinafter referred to as the " 1969 Convention on the Responsibility ". For States Parties to the 1976 Protocol 1 The 1969 Convention on Liability refers to the 1969 Convention on Liability, as amended by this Protocol.
1 [RO 1988 1464. RO 1999 740]
The 1969 Convention on Liability and this Protocol shall, between the Parties to this Protocol, be considered and interpreted as forming a single instrument.
2. Art. I to XII Ter , including the model certificate, of the 1969 Convention on Liability, as amended by this Protocol, are referred to as the " 1992 International Convention on Civil Liability for Damage due to the Oil pollution "(" 1992 Liability Convention ").
(1) This Protocol shall be open for signature by all States in London from 15 January 1993 to 14 January 1994.
2. Subject to the provisions of subs. 4, any State may become a Party to this Protocol by:
3. The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument in due form with the Secretary-General of the Organization.
4. Any Contracting State to the 1971 International Convention for the Establishment of an International Fund for Compensation for Oil Pollution Damage, hereinafter referred to as the "1971 Convention establishing the Fund", May ratify, accept or approve this Protocol or accede to it only if it ratifies, accepts or approves, at the same time, the 1992 Protocol amending or acceding to the Convention, unless it denounces the 1971 Convention establishing the Funds, with effect from the date of entry into force of this Protocol for that State.
(5) A State which is a Party to this Protocol but is not a Party to the 1969 Convention on Liability is bound by the provisions of the 1969 Convention on Liability, as amended by this Protocol, in respect of Other States party to the Protocol, but is not bound by the provisions of the 1969 Convention on Liability of States Parties to this Convention.
6. Any instrument of ratification, acceptance, approval or accession, deposited after the entry into force of an amendment to the 1969 Convention on Liability, as amended by this Protocol, shall be deemed to apply to the Convention as amended and as amended by the said amendment.
(1) This Protocol shall enter into force twelve months after the date on which ten States, including four States with at least one million gross tonnage units of tankers, have deposited an instrument of ratification, acceptance, Approval or accession to the Secretary-General of the Organization.
2. However, any Contracting State to the 1971 Convention establishing the Fund may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession relating to this Protocol, declare that this instrument is Deemed to have no effect for the purposes of this section until the expiry of the six-month period prescribed in s. 31 of the 1992 Protocol amending the 1971 Convention establishing the Fund. A State which is not a Contracting State to the 1971 Convention establishing the Fund but deposits an instrument of ratification, acceptance, approval or accession relating to the 1992 Protocol amending the 1971 Convention Establishment of the Fund may also make a declaration under this paragraph at the same time.
Any State which has made a declaration in accordance with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization. Any withdrawal thus effected shall take effect on the date of receipt of the notification, provided that that State is considered to have deposited its instrument of ratification, acceptance, approval or accession relating to the present date Protocol.
4. For any State which ratifies, accepts, approves or accedes to it after the conditions of entry into force laid down in par. 1 have been complied with, this Protocol shall enter into force twelve months after the date of the deposit by that State of the appropriate instrument.
The Organization may convene a conference to revise or amend the 1992 Convention on Liability.
(2) The Organization shall convene a conference of the Contracting States with the object of revising or amending the 1992 Convention on Liability at the request of at least one third of the Contracting States.
1. At the request of at least one-fourth of the Contracting States, any proposal to amend the limits of liability laid down in Art. V, para. 1, of the 1969 Convention on Liability, as amended by this Protocol, shall be circulated by the Secretary-General to all Members of the Organization and to all Contracting States.
(2) Any amendment proposed and circulated in accordance with the above procedure shall be submitted to the Legal Committee of the Organization for review at least six months after the date on which it was issued.
3. All Contracting States to the 1969 Convention on Liability, as amended by this Protocol, whether or not they are Members of the Organization, are entitled to participate in the deliberations of the Legal Committee in order to examine And to adopt the amendments.
4. The amendments shall be adopted by a two-thirds majority of the Contracting States present and voting in the Legal Committee, enlarged in accordance with subs. 3, provided that at least half of the Contracting States are present at the time of the vote.
5. When deciding on a proposal to change the limits, the Legal Committee shall take into account the experience gained with regard to events and, in particular, the amount of damage resulting from events, fluctuations in the value of the The impact of the proposed amendment on the cost of insurance. It also takes into account the relationship between the limits set out in s. V, para. 1, of the 1969 Convention on Liability, as amended by this Protocol, and the limits provided for in Art. 4, para. 4, of the 1992 International Convention for the Establishment of an International Fund for Compensation for Oil Pollution Damage.
7. Any amendment adopted in accordance with paragraph 1. 4 of this Article shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the expiration of eighteen months after the date of its notification, unless, during that period, at least one quarter of the Contracting States at the time of adoption of the amendment by the Committee The legal system does not inform the Organization that they do not accept it, in which case the amendment is rejected and has no effect.
8. An amendment deemed to have been accepted in accordance with s. 7 shall enter into force eighteen months after its acceptance.
9. All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with Art. 16, para. 1 and 2, at least six months before the entry into force of this amendment. Such denunciation shall take effect when the said amendment enters into force.
10. Where an amendment has been adopted by the Legal Committee but the 18-month period of acceptance has not yet expired, any State becoming a Contracting State during that period shall be bound by that amendment if it enters into force. A State which becomes a Contracting State after the expiry of that period shall be bound by any amendment which has been accepted in accordance with subs. 7. In the cases referred to in this paragraph, a State shall be bound by an amendment as from the date of entry into force of the amendment or the date of entry into force of this Protocol for that State, whichever is later.
(1) This Protocol may be terminated by any of the Parties at any time from the date on which it enters into force in respect of that Party.
(2) Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization.
(3) Denunciation shall take effect twelve months after the date of the deposit of the instrument of denunciation with the Secretary-General of the Organization or at the expiration of any longer period that may be specified in that instrument.
4. Between the Parties to this Protocol, the denunciation by any of them of the 1969 Convention on Liability under Art. XVI of the said Convention shall not in any case be construed as a denunciation of the 1969 Convention on Liability, as amended by this Protocol.
The denunciation of the Protocol of 1992 amending the 1971 Convention establishing the Fund by a State which remains a Party to the 1971 Convention establishing the Fund shall be regarded as a denunciation of this Protocol. Such denunciation shall take effect on the date on which the denunciation of the Protocol of 1992 amending the 1971 Convention establishing the Fund takes effect in accordance with Art. 34 of this protocol.
1. This Protocol and all amendments accepted under Art. 15 are deposited with the Secretary-General of the Organization.
2. The Secretary-General of the Organization:
On the entry into force of this Protocol, the Secretary-General of the Organization shall transmit the text thereof to the Secretariat of the United Nations for registration and publication in accordance with Art. 102 of the United Nations Charter 1 .
This Protocol shall be established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic.
In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Protocol.
Done at London, this twenty-seven November thousand nine hundred and ninety-two.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
South Africa |
1 Er October |
2004 A |
1 Er October |
2005 |
Albania |
30 June |
2005 A |
30 June |
2006 |
Algeria |
11 June |
1998 A |
11 June |
1999 |
Germany * |
29 September |
1994 |
30 May |
1996 |
Angola |
4 October |
2001 A |
4 October |
2002 |
Antigua and Barbuda |
14 June |
2000 A |
14 June |
2001 |
Saudi Arabia |
23 May |
2005 A |
23 May |
2006 |
Argentina * * |
13 October |
2000 A |
13 October |
2001 |
Australia |
9 October |
1995 A |
9 October |
1996 |
Azerbaijan |
July 16 |
2004 A |
July 16 |
2005 |
Bahamas |
1 Er April |
1997 A |
1 Er April |
1998 |
Bahrain |
3 May |
1996 A |
3 May |
1997 |
Barbados |
7 July |
1998 A |
7 July |
1999 |
Belgium |
6 October |
1998 A |
6 October |
1999 |
Belize |
27 November |
1998 A |
27 November |
1999 |
Benin |
5 February |
2010 A |
5 February |
2011 |
Brazil |
January 18 |
2008 |
April 17 |
2008 |
Brunei |
3 January |
2002 A |
3 January |
2003 |
Bulgaria |
28 November |
2003 A |
28 November |
2004 |
Cambodia |
8 June |
2001 A |
8 June |
2002 |
Cameroon |
15 October |
2001 A |
15 October |
2002 |
Canada |
29 May |
1998 A |
29 May |
1999 |
Cape Verde |
4 July |
2003 A |
4 July |
2004 |
Chile |
29 May |
2002 A |
29 May |
2003 |
China |
5 January |
1999 A |
5 January |
2000 |
Hong Kong |
5 January |
1999 |
5 January |
2000 |
Cyprus |
12 May |
1997 A |
12 May |
1998 |
Colombia |
19 November |
2001 A |
19 November |
2002 |
Comoros |
15 January |
2000 A |
15 January |
2001 |
Congo (Brazzaville) |
7 August |
2002 A |
7 August |
2003 |
Korea (South) * |
7 March |
1997 A |
May 16 |
1998 |
Côte d' Ivoire |
July 8 |
2013 A |
July 8 |
2014 |
Croatia |
12 January |
1998 A |
12 January |
1999 |
Denmark |
30 May |
1995 |
30 May |
1996 |
Djibouti |
8 January |
2001 A |
8 January |
2002 |
Dominica |
August 31 |
2001 A |
August 31 |
2002 |
Egypt |
April 21 |
1995 A |
30 May |
1996 |
El Salvador |
2 January |
2002 A |
2 January |
2003 |
United Arab Emirates |
19 November |
1997 A |
19 November |
1998 |
Ecuador |
11 December |
2007 A |
11 December |
2008 |
Spain |
July 6 |
1995 A |
July 6 |
1996 |
Estonia |
8 August |
2004 A |
8 August |
2005 |
Fiji |
30 November |
1999 A |
30 November |
2000 |
Finland |
24 November |
1995 |
24 November |
1996 |
France |
29 September |
1994 |
30 May |
1996 |
Gabon |
May 31 |
2002 A |
May 31 |
2003 |
Georgia |
18 April |
2000 A |
18 April |
2001 |
Ghana |
3 February |
2003 A |
3 February |
2004 |
Greece * * |
9 October |
1995 |
9 October |
1996 |
Grenada |
7 January |
1998 A |
7 January |
1999 |
Guinea |
2 October |
2002 A |
2 October |
2003 |
Hungary |
30 March |
2007 A |
30 March |
2008 |
Cook Islands |
12 March |
2007 A |
12 March |
2008 |
Marshall Islands |
October 16 |
1995 A |
October 16 |
1996 |
Solomon Islands |
30 June |
2004 A |
30 June |
2005 |
India |
15 November |
1999 A |
15 November |
2000 |
Indonesia |
July 6 |
1999 A |
July 6 |
2000 |
Iran |
24 October |
2007 A |
24 October |
2008 |
Ireland * |
15 May |
1997 A |
May 16 |
1998 |
Iceland |
13 November |
1998 A |
13 November |
1999 |
Israel |
21 October |
2004 A |
21 October |
2005 |
Italy |
16 September |
1999 A |
16 September |
2000 |
Jamaica |
6 June |
1997 A |
6 June |
1998 |
Japan |
August 24 |
1994 A |
30 May |
1996 |
Kenya |
2 February |
2000 A |
2 February |
2001 |
Kiribati |
5 February |
2007 A |
5 February |
2008 |
Kuwait |
April 16 |
2004 A |
April 16 |
2005 |
Latvia |
March 9 |
1998 A |
March 9 |
1999 |
Lebanon |
30 March |
2005 A |
30 March |
2006 |
Liberia |
5 October |
1995 A |
5 October |
1996 |
Lithuania |
27 June |
2000 A |
27 June |
2001 |
Luxembourg |
21 November |
2005 A |
21 November |
2006 |
Madagascar |
21 May |
2002 A |
21 May |
2003 |
Malaysia |
9 June |
2004 A |
9 June |
2005 |
Maldives |
20 May |
2005 A |
20 May |
2006 |
Malta |
6 January |
2000 A |
6 January |
2001 |
Morocco |
22 August |
2000 |
22 August |
2001 |
Mauritius * * |
6 December |
1999 A |
6 December |
2000 |
Mauritania |
4 May |
2012 A |
4 May |
2012 |
Mexico |
13 May |
1994 A |
30 May |
1996 |
Moldova |
11 October |
2005 A |
11 October |
2006 |
Monaco |
8 November |
1996 |
8 November |
1997 |
Mongolia |
8 August |
2008 A |
8 August |
2009 |
Montenegro |
29 November |
2011 A |
29 November |
2012 |
Mozambique |
April 26 |
2002 A |
April 26 |
2003 |
Namibia |
18 December |
2002 A |
18 December |
2003 |
Nigeria |
24 May |
2002 A |
24 May |
2003 |
Niue |
27 June |
2012 A |
27 June |
2013 |
Norway |
3 April |
1995 |
30 May |
1996 |
New Zealand * |
25 June |
1998 A |
25 June |
1999 |
Oman |
July 8 |
1994 A |
30 May |
1996 |
Pakistan |
2 March |
2005 |
2 March |
2006 |
Palau |
29 September |
2011 A |
29 September |
2012 |
Panama |
18 March |
1999 A |
18 March |
2000 |
Papua New Guinea |
23 January |
2001 A |
23 January |
2002 |
Netherlands |
15 November |
1996 A |
15 November |
1997 |
Peru |
1 Er September |
2005 A |
1 Er September |
2006 |
Philippines |
7 July |
1997 A |
7 July |
1998 |
Poland |
21 December |
1999 |
21 December |
2000 |
Portugal |
13 November |
2001 A |
13 November |
2002 |
Qatar |
20 November |
2001 A |
20 November |
2002 |
Dominican Republic |
24 June |
1999 A |
24 June |
2000 |
Romania |
27 November |
2000 A |
27 November |
2001 |
United Kingdom * |
29 September |
1994 A |
30 May |
1996 |
Akrotiri and Dhekelia |
20 February |
1998 |
20 February |
1998 |
Anguilla |
20 February |
1998 |
20 February |
1998 |
Bermuda |
20 February |
1998 |
20 February |
1998 |
Gibraltar |
15 May |
1998 |
15 May |
1998 |
Guernsey |
20 February |
1998 |
20 February |
1998 |
Isle of Man |
29 September |
1994 |
30 May |
1996 |
Cayman Islands |
15 May |
1998 |
15 May |
1998 |
Falkland Islands and Dependencies (South Georgia and South Sandwich Islands) |
29 September |
1994 |
30 May |
1996 |
Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn) |
20 February |
1998 |
20 February |
1998 |
Turks and Caicos Islands |
20 February |
1998 |
20 February |
1998 |
British Virgin Islands |
20 February |
1998 |
20 February |
1998 |
Jersey |
29 September |
1994 |
30 May |
1996 |
Montserrat |
29 September |
1994 |
30 May |
1996 |
St. Helena and Dependencies (Ascension and Tristan da Cunha) |
15 May |
1998 |
15 May |
1998 |
British Antarctic Territory |
20 February |
1998 |
20 February |
1998 |
British Indian Ocean Territory |
20 February |
1998 |
20 February |
1998 |
Russia * |
20 March |
2000 A |
20 March |
2001 |
Saint Kitts and Nevis |
7 October |
2004 A |
7 October |
2005 |
Saint Lucia |
20 May |
2004 A |
20 May |
2005 |
Saint Vincent and the Grenadines |
9 October |
2001 A |
9 October |
2002 |
Samoa |
1 Er February |
2002 A |
1 Er February |
2003 |
Senegal |
2 August |
2011 |
2 August |
2012 |
Serbia |
25 May |
2011 A |
25 December |
2012 |
Seychelles |
July 23 |
1999 A |
July 23 |
2000 |
Sierra Leone |
4 June |
2001 A |
4 June |
2002 |
Singapore |
18 September |
1997 A |
18 September |
1998 |
Slovakia |
July 8 |
2013 A |
July 8 |
2014 |
Slovenia |
19 July |
2000 A |
19 July |
2001 |
Sri Lanka |
22 January |
1999 A |
22 January |
2000 |
Sweden |
25 May |
1995 |
30 May |
1996 |
Switzerland |
4 July |
1996 A |
4 July |
1997 |
Syria |
22 February |
2005 A |
22 February |
2006 |
Tanzania |
19 November |
2002 A |
19 November |
2003 |
Togo |
April 23 |
2012 A |
April 23 |
2013 |
Tonga |
10 December |
1999 A |
10 December |
2000 |
Trinidad and Tobago |
6 March |
2000 A |
6 March |
2001 |
Tunisia |
29 January |
1997 A |
29 January |
1998 |
Turkmenistan |
21 September |
2009 A |
21 September |
2010 |
Turkey * ** |
August 17 |
2001 A |
August 17 |
2002 |
Tuvalu |
30 June |
2004 A |
30 June |
2005 |
Ukraine |
29 November |
2007 A |
29 November |
2008 |
Uruguay |
July 9 |
1997 A |
July 9 |
1998 |
Vanuatu |
18 February |
1999 A |
18 February |
2000 |
Venezuela |
July 22 |
1998 A |
July 22 |
1999 |
Vietnam |
17 June |
2003 A |
17 June |
2004 |
Yemen |
September 20 |
2006 A |
September 20 |
2007 |
* |
Reservations and declarations. |
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** |
Objections. Reservations, declarations and objections are not published in the RO. English texts can be found at the website of the International Maritime Organization (IMO): www.imo.org/About/Conventions/Pages/Home.aspx or obtained in the Directorate of Public International Law (DDIP), Treaty Section International, 3003 Berne. |
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1 Art. 1 al. 1 let. C of the AF of 11 Dec. 1995 (RO 1998 1015).
2 RS 0.814.291
3 [RO 1998 1046. RO 1999 740]
4 RO 1998 1043, 2005 1673 5011, 2008 27 753, 2011 1607, 2014 555. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).