Advanced Search

RS 0.814.291.2 1992 Protocol of 27 November 1992 amending the 1969 International Convention on Civil Liability for Oil Pollution Damage (with annex)

Original Language Title: RS 0.814.291.2 Protocole de 1992 du 27 novembre 1992 modifiant la Convention internationale de 1969 sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.814.291.2

Original text

1992 Protocol amending the 1969 International Convention on Civil Liability for Oil Pollution Damage

Conclu in London on 27 November 1992
Approved by the Federal Assembly on December 11, 1995 1
Instrument of accession deposited by Switzerland on 4 July 1996
Entered into force for Switzerland on 4 July 1997

(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:

Art. 1

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]

Art. 2 To 10

... 1


1 The mod. Of the conv. Can be consulted at the RO 1998 1031.

Art. 11

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 ").

Final Clauses

Art. 12 Signature, ratification, acceptance, approval and accession

(1) This Protocol shall be open for signature by all States in London from 15 January 1993 to 14 January 1994.

2. Subject to the provisions of subs. 4, any State may become a Party to this Protocol by:

(a)
Signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
(b)
Membership.

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.

Art. 13 Entry into force

(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.

Art. 14 Review and Change

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.

Art. 15 Modifying the limits of liability

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.

6. A)
No amendment to change the limits of liability under this Article may be considered before 15 January 1998 or before the expiry of a period of five years from the date of entry into force of an earlier amendment Adopted under this Article. No amendment under this Article may be considered before the entry into force of this Protocol.
(b)
No limit shall be raised to the extent of exceeding an amount corresponding to the limit laid down in the 1969 Convention on Liability, as amended by this Protocol, plus 6 % per annum, in compound interest, as of 15 January 1993.
(c)
No limit shall be raised to the extent of exceeding an amount equal to three times the limit set out in the 1969 Convention on Liability, as amended by this Protocol.

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.

Art. 16 Denunciation

(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.

Art. 17 Depositary

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:

(a)
Inform all States which have signed or acceded to this Protocol:
(i)
Any new signature or deposit of a new instrument, and the date on which such signature or deposit occurred;
(ii)
Any declaration and notification made under s. 13 and any declaration and communication made under s. V, para. 9, of the 1992 Convention on Liability;
(iii)
The date of entry into force of this Protocol;
(iv)
Any proposal to amend the limits of liability, which has been submitted in accordance with s. 15, para. 1;
(v)
Any amendment that has been adopted in accordance with Art. 15, para. 4;
(vi)
Any amendment that is deemed to have been accepted under s. 15, para. 7, as well as the date on which the amendment enters into force, in accordance with s. 8 and 9 of this article;
(vii)
The deposit of any instrument of denunciation of this Protocol, as well as the date on which the deposit took place and the date on which the denunciation takes effect;
(viii)
Any information deemed to have been made under s. 16, para. 5;
(ix)
Any communication provided for in any of the articles of this Protocol;
(b)
Shall transmit certified copies of this Protocol to all signatory States and to all States that adhere to it.

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 .


Art. 18 Languages

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)

Scope of application February 18, 2014 4

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.

**

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.


RO 1998 1031; FF 1995 IV 233


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).


Status on February 18, 2014