Law No. 4508 Date of Admission: 27/01/2000
Article 1 - The Protocol of 1992 to the modified "for Compensation for Oil Pollution Damage Related International Convention on the Establishment of an International Fund" had been found to comply with our participation in the attached reservation. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers.
Appendix - Contract (2)
1992 AN INTERNATIONAL OIL POLLUTION COMPENSATION FUND FOR THE ESTABLISHMENT OF ANY TEXT RELATED TO THE INTERNATIONAL CONVENTION
Related International Covenant with Nature's Legal Liability of Oil Pollution Damage)
For purposes of the present Convention:
1 1992 1992 Liability Convention means the International Convention Losses Related to the Oil Pollution Legal Liability.
1 bis. 1971 Fund Convention, 1971 International Convention on Oil Pollution Related means the Establishment of an International Fund for Compensation for Losses. 1976 for States Parties to the Protocol, a reference in this manner, shall be deemed to include the 1971 Fund Convention in different Protocols thereto.
2 Vessels, Persons, Owner, Oil Pollution Damage, Protection Measures, Events and Organizations, shall have the same meaning of the 1992 Liability Convention.
3. Contribution of oil items (a) and (b) crude oil as defined in sub-paragraphs and fuel oil shall mean:
(A) Crude oil means processed or non-processed all kinds of liquid hydrocarbon compounds naturally occurring in the world in order to be eligible for transportation. In addition, certain from which the core portion (sometimes called "distilled crude oil" as it is referred to) or that certain core components added (sometimes called "doped" or "reconstituted" also referred to as crude oil) Includes crude oil. (B) Fuel oil, crude oil, residual heavy self or waste or "American Testing and Materials Association Number Four Fuel Oil Specification (Description D 396-69)" a equivalent quality in heat or power mixtures of fuel as the purpose of this article for the production or It means heavy waste.
4. Accounts unit, 1992 Liability Convention of Article V, paragraph 9 below shall have the meanings indicated.
5. Vessel tonnage, 1992 Liability Convention of Article V, paragraph 10 below will be given meaning.
6 Ton, in relation to oil, means a metric ton. 7. Guarantor, Article VII of the 1992 Liability Convention, paragraph means the person providing insurance or other financial guarantees issued to cover a shipowner's liability under 1.
8. Terminal facility, capable of receiving oil from the water transport means any place used for the storage of bulk oil, this place is connected to this place and includes all kinds of facilities located outside the coast.
9. One incident, where they're seen include the series of events, this event will be the incident as having experienced first appearance in history.
1. Hereby, "The 1992 International Oil Pollution Compensation Fund for Damage Arising from" (hereinafter abbreviated to "Fund") as of the International Fund for compensation for oil pollution of the name has been established for the following purposes:
(A) 1992 Liability To the extent that can be covered by the Convention on insufficient protection to provide compensation for oil pollution;
(B) present to accomplish goals that are mentioned in the contract.
2. The Fund active in each State Party in accordance with the laws of that State, and to accept the obligations and rights before the courts of that State shall be regarded as a legal person with the ability to be a party to legal proceedings. Each Contracting Party, the Fund Manager (hereinafter abbreviated to "Administrator" hereinafter) will be the legitimate representative of the Fund. Article 3
This Agreement exclusively:
(A) (i) territorial waters, including the territory of a Contracting Party; and
(Ii) International was created by law Contracting Party State's exclusive economic zone or the Contracting Parties, if such a zone to determine, according to international law beyond the territorial sea as determined by the State and located adjacent to and extending not more than 200 nautical miles from the territorial sea is measured where the bottom line, which is a in the region; loss caused by pollution;
(B) As long as this is taken to prevent or minimize damage will be applied to protective measures.
1. The Fund 2nd Article 1 (a) In order to fulfill its duties under the paragraph for the loss of the 1992 Liability Convention in accordance with a person suffering from pollution damage
(A) due to the emergence of the 1992 Liability Convention in accordance with any obligations;
(B) the 1992 Liability Convention as financial main reinforcement is liable in damages under due to be insufficient to meet compensation demands coverage or benefits related to the loss of the financial guarantee provided in accordance with that and said VII Article of the Convention, the ability to meet their obligations; the victim's loss after take all reasonable steps to implement all legal remedies provided to it, the 1992 Liability Convention does not receive the exact amount of compensation to be taken in accordance with, as the owner can not fulfill the reinforcement of financial obligations and financial guarantee is considered to be inadequate; (C) 1992 Liability Convention V of Article 1 paragraph in accordance restricted or this Agreement the history of the force or signed any international limited by name under the Convention opened for approval or inspection due to losses in excess of the liability framework under the Convention;
It can not take a full and adequate compensation, pay compensation to such person.
To prevent or minimize pollution damage to the exposure of volunteers to equip reasonable costs or sacrifices it will be treated as pollution damage for the purposes of this article.
(A) The Fund of pollution damage, the state of war, conflict, civil war, or that result from rebellion or owned by a warship or a State or operated and historic event in the only other vessel used for non-commercial State services dropped or if proven to cause discharged oil; or
(B) the claimant, that the damage resulted from an incident involving one or more ships can not prove,
The Fund would not be subject to any liability under the preceding paragraph.
3. The Fund may completely the formation of the party pollution damage damaged by injury or any part of an action that an action or not he did this person deliberately or prove why this person's negligence, the Fund may be fully or partially freed from this person compensation payment obligations. Fund, in any case, the shipowner, Article II of the 1992 Liability Convention shall be exempted to the extent exempted in accordance with paragraph 3. However, there will be no exemption to the Fund with regard to preventive measures.
4 (a) of this paragraph (b) and (c) except in the case of otherwise specified in sub-paragraph, the total amount of compensation payable by the Fund under this article is that of this amount, and the 1992 Liability Convention in accordance with these Articles shall effectively within the scope of application as 3. defined paid amount not to exceed 135 million units of account, it will be limited in relation to each event.
(B) (c) except in the case of specified otherwise in sub-paragraph, exceptional, inevitable and against for pollution damage resulting from a natural phenomenon of irresistible nature of the total amount of compensation payable by the Fund in accordance with this Article shall not exceed 135 million units of account.
(C) (a) and (b) the maximum amount of compensation referred to in sub-paragraph shall be deemed to 200 million units of account in respect of each event. This event, as long as the three parties in the Agreement, that during the previous calendar year by the person concerned in the territory of the Party should be seen by 600 million tons of oil equivalent, or take on a contribution.
(D) of Article V of the 1992 Liability Convention, Article 3 of the interest accumulated on the Fund pursuant to paragraph, if any, by the Fund will be taken into account in calculating the maximum compensation payable under this article.
(E) The sums mentioned in this Article the Fund Board's compensation is applied on the date of the decision on the first payment date basis by reference to the Special Drawing Rights of the national currency will be converted into the national currency.
5. Fund against the amount of identified demand, paragraph exceeds the total amount of compensation that can be paid under the 4, provides that the amount will be distributed to the same for the detected any request by request owner-present all claimants ratio between the actual received amount of compensation under the Convention.
6. Fund Board, in exceptional cases, compensation in accordance with this Agreement, Article VI of the owner of the 1992 Liability Convention, the Fund did not even plant according to paragraph 3, though, it may be decided that paid. In this case, the present Article 4 (e) in paragraph apply.
7. Fund, at the request of the Contracting State Party State, this Agreement under the Fund's compensation payments may need to be an event to prevent pollution damage arising from or reduce to measures staff as may be necessary to ensure al, materials and services will use the necessary offices to help to provide immediately.
8. Fund, the Fund against pollution damage arising from a particular incident may require the payment of compensation under this Agreement with a view to taking preventive measures, may provide credit facilities in the conditions specified in the internal regulations. Article 5
Compensating rights under Article 4, Article 7, paragraph within three years from the date a case where the damage is opened or communicated unless in accordance six, will end. However, in any case, the case will be opened after six years from the date of the incident which caused the damage.
1. Subject to the following provisions of this Article, any lawsuit against the Fund for compensation under Article 4 of this Agreement, this III Article of the Convention, in accordance with paragraph 2 provisions, caused by events related to the owner of a property which is or will be liable for the damage pollution with regard to the 1992 Liability jurisdiction pursuant to Article IX of the Convention will be opened in a court of law.
2. Each State Party shall, courts paragraph shall ensure that they have the necessary legal competence to be able to see the lawsuits to be filed against the Fund as described in 1.
3. a lawsuit for compensation for pollution damage, an owner or guarantor against the 1992 Liability Convention of Article IX according to jurisdiction has in opening the case in a court, this court, this regarding the Fund filed against any action for compensation under Article 4 of the provisions of the Convention exclusive It shall have the legal jurisdiction. However, the 1992 Liability Convention in cases related to compensation for pollution damage under when party to this Convention not only 1992, the parties to the Liability Convention opened in a court in a State, in accordance with Article 4 of the Agreement against the Fund filed, including in the choice of the claimant, the 1992 Liability which has jurisdiction pursuant to Article IX of the Convention, the State in which the center of the Fund or of a State Party to this Convention, which will in any court.
4. Each Contracting Party, the Fund will provide will have the right to intervene as a party to any legal process initiated by the owner or guarantor against the State's jurisdiction with a court in the 1992 Liability Convention Article IX. 5. Paragraph 6 of the state Except as otherwise noted, the Fund will not be a party solutions or decisions or side depending on whether the provisions in the legal process is not.
6. Paragraph 4 Without prejudice to the, according to the 1992 Liability Convention for compensation for pollution damage when the powers of the owner of a Contracting State Party a court in the owner or guarantor against a lawsuit, each party is a party to this lawsuit, the State under national law, transactions Fund shall have the right to inform. This statement, according to the case observed that court formalities and the Fund, as a party to the case during the period required to be in a position to intervene in an active way and manner is done, the judgment given in relation to this case by the court, is confirmed in the country where the trial is held, and when implemented, the Fund virtually processing even though we had not intervened, the courts in the event that the Fund and the findings to be made to the Fund will be binding dispute.
Article 4 of the subject to any decision concerning the distribution referred to in paragraph 5, in Article 7, paragraphs 1 and any judgment given against the Fund by a court having legal jurisdiction according to paragraph 3, when applied at the origin of the State and that State is no longer a normal examination when it is not subject to the form of X, including the 1992 Liability Convention under the same conditions as specified by Article it will be given in each State and the Contracting parties shall apply. Article 9
1. Article 4, paragraph regarding the amount of compensation paid for pollution damage by the Fund based on 1 Fund, so that the compensation paid for a person, the 1992 Liability Convention rights under can use the owner or guarantor against the will win the succession process. 2. Nothing in this Agreement, the Fund persons other than the persons referred to in the previous paragraph will not bring harm to the other against the applicant or subrogation rights. In any case, the Fund, so that a person against the rights gained through subrogation shall not be less than the rights of the party's insurer paid compensation.
3. Fund against the application or that gets all kinds of damage to other rights without coming through subrogation, provisions of national law according to pollution damage of the compensation amount to pay Contracting Party State or its agents, under the Agreement, the rights can apply for the person being paid the compensation will obtain the succession path.
1. Annual contributions to the Fund, article 12, paragraph 2 (a) or (b), shall be the calendar year of 150 000 oil fields in the total amount exceeding tonnes will be made for each of the Contracting Parties with respect to each party:
(A) contributing to the oil transportation to the port or terminal facility in the state territorial sea port or terminal facilities; and
(B) with the carrying and discharging a port or terminal facility to a non-State Party shall any facility located in the territory of the Contracting Party; It said oil initially after the Contracting Parties to be evacuated in case of non-State Contracting States Parties, subject to clause consideration of this subparagraph.
2. (a) paragraph 1 purposes, in the territory of the Contracting Party State in a calendar year contribution amount of oil received by any person when the same State collected annually by the amount of oil contribution received by any connected person or persons is over 150 000 tons, party, regardless exceed 150 000 tons of this amount will pay contributions relating to the actual amount received by him. (B) "connected person" means any utility company or institution under the overall control. One person is entered into this definition shall be determined by the national law of the State concerned.
1 due, if any, assessing the amount of annual contributions and the provision of adequate opinion taking into account the liquid funds requirement, the Board, for each calendar year, a budget estimate will form the following:
(A) account deficit of the Fund in the relevant year and the previous year Administration costs and expenses that the company;
(B) by the Fund, demand, including repayment of previously taken loans to cover payments payable by the Fund in the relevant year in order to meet the demands made in Article 4 in accordance with against the Fund, the total sum of these demands regarding each event will exceed four million units of account extent;
(C) by the Fund, demand, including repayment of loans taken earlier to cover payments payable by the Fund in the relevant year in order to meet the demands made in Article 4 in accordance with against the Fund, the total sum of these demands regarding each event four million on the unit of account extent that;
(A), including any interest, additional funds coming from the company in the previous year;
(B) if necessary to balance the budget, annual contributions;
(C) any other income.
2. Imposition contribution to the Board will decide on the total amount. Based on this decision, Administrator, regarding each State Party shall, for each person referred to in Article 10 whether this person will calculate the annual contribution:
(A) contribute, paragraph 1 (i) (a) and (b) to meet the payment specified in the relevant State in the contribution of oil received in the previous calendar year by individuals determined per tonne on the basis of the total; and
(B) contribution in accordance with Article 1 (i) (c) to meet the payment specified in paragraph during the previous calendar year, the year that the alleged events, that State, provided that the Contracting Parties on the event, contributing oil received by such person fixed per tonne It will be calculated on the basis of the total.
3. sum specified in paragraph 2, of contributing oil received in all Contracting States Parties concerning the relevant year will be achieved by dividing the total amount of contributions required by the total amount.
4. The annual contribution maturity date will be the date to be specified in the Fund Internal Regulations. The Board may decide on a different date of payment.
5. The Committee shall be determined in accordance with the terms of the Fund's Financial Regulations, Article 12.2 (a) and funds received in accordance with Article 12.2, or (B) in accordance may decide to make transfers between funds received. Article 13
1. In accordance with Article 12 and overdue contributions payable amount, provided that the determination of the different interest ratio for different situations, the Fund will be subject to an interest rate of interest will be determined according to the Internal Regulations.
2. Each State that Contracting Party, that State territory in connection with oil taken in to ensure that the fulfillment of each credit must be given to the Fund arising under this Agreement and including bringing criminal penalties may consider necessary, of the law with a view to the effective fulfillment of such obligations It will take appropriate measures in accordance with all sorts; These measures, however, not only individuals under a debt is obliged to provide the Fund will be run against.
3. According to Articles 10 and 12, a person who is obliged to contribute to the Fund to fulfill its obligations related to the contribution or to fulfill some of its obligations related to these contributions and in cases where payment of the debt manager to recover the amounts to be charged this person will receive on behalf of the Fund against the appropriate measures. However, if the case falls bankrupt taxpayer is in default or otherwise, other conditions show it, the Assembly, on the recommendation of the Director, may decide not to sustain or no action against the taxpayer.
1. The contracting party of any State, the date of the approval document or entry document or at any date subsequent to this date, the present contract notice, these state lands as items related to the oil received within 10 paragraphs to give a contribution to the Fund by 1 It can declare that a person obliged to accept mandatory obligations. This declaration shall be in writing and shall specify the obligations which it was received.
2. A declaration under paragraph 1, according to Article 40 is made before the entry into force of this Agreement, declaration, will be submitted to the Secretary General of the Organization, the Secretary-General will forward the document to the manager after the entry into force of the Convention.
3. declaration made under paragraph 1 after the date of entry into force of this agreement will be submitted to the Administrator.
4. A declaration issued by the present article is an attempt on the Manager's written notice can be withdrawn by the relevant State. This notification shall come into force three months after the date of receipt of the notification manager.
5. A declaration issued in accordance with this Article depending on the State with regard to any obligation specified in the declaration in a court having jurisdiction in any case brought against the State will waive any kind of exemption.
1. Each Contracting Party shall contribute to the Fund liability that amount of contributing oil fields of each party in the country, held by the Manager in accordance with the following provisions of this Article and shall ensure that the list will be updated.
2 each Contracting State Party for the purposes specified in paragraph 1, specified in the Internal Regulations history and meaning, while obliged to contribute to the Fund according to the article 10 relating to the state of each person's name and address and the same time in the previous calendar year that information on the amount of contributing oil received by the person concerned shall inform the Director. 3. Article 10, paragraph to determine the amount of oil to be taken into consideration who determine whether they are obliged to contribute to the Fund by 1 and determining the amount of the contribution of these people, this list will be valid evidence until proved against the stated facts.
4. State of the Contracting Parties, which provide the communication referred to in paragraph 2 and where the manager that also resulted in a financial loss to the Fund, the Contracting Parties, the Fund will be obliged to compensate for these losses. The Board, upon recommendation of the Director, it shall decide on the payment of compensation by the State in settlement of the Contracting Parties.
Organization and administration
a secretary of the Fund's Executive Board and chaired a will.
The Board shall consist of all States Parties to this Convention which side.
The duties of the Committee shall be:
1. Each ordinary session, to serve until the next regular session, the President and the two Vice-Presidents to choose
2. adhere to the present Convention, to determine its own rules of procedure
3. The Fund's Internal Regulations necessary for the proper functioning accept
4. Manager may be required to assign and to prepare provisions for the appointment of other staff and managers and other personnel to determine the terms and conditions of service;
5. To accept the annual budget and to determine the annual contribution;
6. To appoint the auditor and approve the accounts of the Fund;
7. Fund to meet claims made against the (elimination) to approve, Article 4, paragraph 5 based compensation amounts claimants in taking decisions related to the distribution and temporary payments related to demand, in order to ensure the compensation appropriately as possible to pollution damage victims to determine the terms and conditions will be made; 8. (Removed)
9. To establish a temporary or permanent depending on the subunits that thought it would be necessary to define reference recordings of these sub- units and to fulfill the tasks assigned to this unit to the authority it needs this subunit, the Board members provide equal geographical distribution and the contribution of oil taken with regard shall endeavor to ensure that they are represented in accordance with the State of the Contracting parties; mutatis mutandis, for the work of this sub- units, the Assembly Rules of Procedure applicable;
10. Which of the contracting parties and non-government organizations in which intergovernmental and international non-governmental organizations, committees and subsidiary bodies, without the right to vote could determine quite a bit in the meeting;
11. With regard to the Fund Manager and instruct the subunits
13. Agreement in accordance with practices and to oversee the implementation of its decisions;
14. For proper operation of the Fund allocated to it under the Convention or otherwise may be required to perform other tasks.
1 regular meeting of the Board, upon the invitation of the manager will be a once in each calendar year.
2nd extraordinary session of the Board, Board members will be invited by the Administrator with at least one-third of demand and after consultation with the Chairman of the Board of directors may meet on its own initiative. Leaders, members will give notice at least thirty days before the meeting. Article 20
The majority of the Committee members, the meeting will constitute a quorum.
1. The Secretariat shall consist of staff will ask the Administrator and Fund Management.
2. The administrator will be the official representative of the Fund.
1 will be the chief executive officer of the Fund Manager. Subject to the instructions given to him by the Board, manager of this Agreement, the Fund established by the Internal Regulations will be fulfilled and the assigned tasks.
2. Managers, in particular:
(A) Fund management will appoint the necessary staff;
(B) take all appropriate measures with a view to be managed in accordance with the Fund's assets;
(C) In particular, Article 13, paragraph 3, while observing the provisions of, the present will collect contributions to be collected pursuant to this Agreement;
(D) Consideration of requests to be made against the Fund and the Fund to the extent necessary for the fulfillment of other tasks, legal, financial and other experts to employment;
(E) to address the claims made against the Fund, the Board prior to approving the final settlement of claims as requested by the Internal Regulations, including the final solutions, shall take all appropriate measures within the specified period and conditions in the Internal Regulations;
(F) the financial statements for each calendar year and will be established to prepare and submit budget estimates;
(G) in consultation with the Chairman of the Board, will prepare a report on the activities carried out by the Fund during the previous calendar year and will be published;
(H) The Board and the paper will be required for the operation of sub-units, documents, agenda, minutes and information that will prepare, collect and disseminate.
While performing their duties, staff and experts appointed by the Administrator and Manager will wait for instructions from any government or authority external to the Fund or will not. In such cases, refrain from any transaction will be reflected as international officials. Each State Party shall, on their side, and appointed by the Executive Director and staff of their responsibilities to respect the exclusively international nature of the experts and the way they affect the performance of their duties is committed to search.
1. Each State Party shall, salaries of their representatives in their delegations and sub-units of the Assembly, will meet the travel and other expenses.
2. any other expenses incurred in connection with the operation of the Fund, will be borne by the Fund.
The following provisions shall apply with respect to voting in the Assembly:
(A) Each member shall have one vote;
(B) Article 33. Except as otherwise indicated the situation, the Board decisions to be taken by a majority of the members present and participating in voting; (C) decisions required two-thirds majority, or three quarters are three or four of those to be taken by a majority of two-thirds of the votes;
(D) For the purpose of the İşbumadd, "participating members" expressed, voting in the sense of immediate members present at the meeting, and "present and voting and participating members" expression "present and positive or negative voting members" shall mean. members who abstain from voting shall be considered as not voting. Article 33
The following decisions of the Board shall require a two-thirds majority:
(A) Article 13, in accordance with paragraph 3 shall not be initiated against a taxpayer contributed or not the decision of a sustainable process;
(B) Article 18, appoint the Director in accordance with paragraph 4;
(C) Article 18, paragraph establishing sub-units connected by 9, and issues related to the building process.
1. The Fund, Fund assets, income, including contributions, and other goods, in all Contracting States Parties shall enjoy exemption from all direct taxation.
2. The Fund is substantially movable or immovable property purchased or when the Fund make an important work which is essential for the implementation of official activities and when it includes the cost of the indirect taxes and sales taxes this work, Member State Governments, as far as possible, these charges and tax amounts to pay back forgiveness or take appropriate measures.
3. including payment of fees related to the use of public services, there will be no exemptions or tax payments in case.
4. Fund, all on the goods imported or exported for official use by the Fund or on behalf of customs duties and other applicable exemption from taxes yararlanacaktır.b of goods imported in a way, to be agreed with imported into the country government except in the case of the money to this country or free It will not be transferred.
5. persons receiving compensation from the Fund and victims and owners of ships who have contributed to the Fund, they are taxable in the State, the State is to be subject to financial law, not give them any special exemption or other benefit.
6. This information provided by the taxpayer for the purpose of the contract, to institute legal proceedings and defense of the Fund, including the Fund for the execution of duties must be strongly except in the case, it will not be disclosed outside the Fund.
7. regardless of the arrangements that may be present or in the future about the currency or transfers, Contracting Parties of all contributions to the Fund the transfer of shares and payment and compensation paid by the Fund amount will allow the transfer and payment without any restrictions.
This Agreement is effective against the Fund for requests to be made regarding compensation under Article 4 arising from incidents occur after the date of entry hundred twenty days after this date can not be done before.
The first meeting of the Board meeting will be held upon the invitation of the Secretary General of the Organization. This session is not covered by this Agreement enters into force and in any case after thirty days after the date of entry into force will be made.
Article 36 bis
This from the date of entry into force of the Convention starts and the 1971 Fund Convention that replaces the 1992 Protocol Article 31 of the entry into force of the termination mentioned in history during the period ended (hereinafter referred to simply as temporary), the following transitional provisions shall apply:
(A) the implementation of the present Convention 1 (a), paragraph 1992 Liability Convention References made to the original version or in 1976, including a version that was modified by the Protocol in 1969 the Oil Pollution Damage Arising from Legal liability related to the International Convention (hereinafter abbreviated to "1969 Liability Convention referred to as" .) and it will also include a reference to the 1971 Fund Convention.
(B) is in the present context of the Convention event of contamination at a loss why the Fund, but the person who suffers from pollution damage the party in 1969 liability Convention, the 1971 Fund Convention and the 1992 Liability Convention is unable to obtain full and adequate compensation for damage according to and including the extent not receive compensation , on pollution damage which is within the scope of this Agreement, in relation to a non-party to only 1971 Fund Convention is a Party to this Convention Party, the Fund, the person who suffers from pollution damage, the citizens of the State of the above mentioned contract the parties in each, complete and adequate unable to obtain redress and compensation to the extent provided will not receive, will ödece compensation to these individuals.
(C) the implementation of the present Article 4 of the Convention, the amounts to be taken into account in determining the total amount of compensation payable by the Fund in the 1969 Liability Convention the amount of compensation actually paid in accordance with, and if the 1971 Fund Convention shall include the amount of compensation that are considered actually paid or payable in accordance with.
(D) This paragraph 1 of the Convention, 1969 Liability Convention shall be implemented in accordance with the rights used.
Article 36 ter
1. Subject to the provisions of this article's paragraph 4, a calendar year during one Contracting Party the total amount of annual paid contributions on contributing oil received in the State, that with respect to the calendar year 1971, the Fund determined annual contribution pursuant amending the Agreement Protocol of 1992 It shall not exceed 27.5% of the total amount.
2. In the case of Article 12 of the 2nd and 3rd pass the 27.5% of the total annual contribution of a particular calendar year regarding paid by ödeyenler contribution in the State one Contracting Party contributions to the total implementation of the provisions of paragraph, that State contributed as unaffordable those payable by all contributions, total contributions, regarding this year, 27.5% of the total annual contributions to the Fund shall be reduced to be equal.
3 parties by ödencek contributions of the Contracting State, if downloaded according to paragraph 2 of this Article, all other Contracting parties of paid contributions in the State is obliged to pay contributions to the Fund in connection with the said calendar year, all parties paid by the contribution of the total agreed upon by the General Assembly reaching the additive amount to be supplied will be increased.
4. This Article 1 to 3 shall the provisions of paragraphs in a calendar year in all the Contracting States in the received contributing oil in total amount of 750 million tonnes is reached or until such 1992 from the entry into force of the Protocol until it passes a period of five years, whichever is earlier, will be operated.
Article 36 guata is
Without being bound to the provisions of the present Convention and the 1971 Fund Convention as well as the following provisions shall apply to the administration of the Fund during the period of this Agreement is in effect:
(A) 1971 Fund Convention (hereinafter abbreviated to "1971 Fund") shall be established in accordance with that, the Fund Secretariat headed by the Director, Secretary and visible as the Fund Manager function.
(B) (a) of subparagraph 1971 Fund Secretariat or the Manager, the Fund if carried out at the sectarianism and the manager on duty, Fund of Funds in 1971 to be a conflict of interest the Fund between the Fund state Assembly will be represented by the President.
(C) The manager and his staff and the present by the administrator Convention and the 1971 Fund experts appointed to carry out the tasks under the contract, as long as they fulfill their duties according to this article in violation of the provisions of Article Article 30 of this Agreement be considered will not. (D) the Fund Board, 1971, the Fund will be consistent with decisions taken by the Council should endeavor not to take decisions. Common differences of opinion related to administrative issues arise, the Fund Board, in considering the mutual cooperation and common goals of both organizations will try to reach a consensus with the 1971 Fund Assembly.
(E) the Fund, in the case of the 1971 Fund Board decision in this regard, Article 44 of the 1971 Fund Convention, according to paragraph 2, 1971 Fund rights, obligations and assets to be his successor.
(F) the name of the Fund arising from administrative services performed by the 1971 Fund brought all costs and expenses will be reimbursed by the Fund to the 1971 Fund.
Article 36 guinguies
This final terms of the Agreement, 1971 Protocol amending the 1992 Fund Convention will be between 28 to 39 agents. This made references to the Contracting States parties to the Convention, this Protocol shall be deemed to be made to the side of the state.
(1971 Fund Convention 1992 amending Protocol 28 to the Article 39 between agents)
Signature, ratification, acceptance, approval and entry
1. The present Protocol of 14 January 1994 to 15 January 1993 will be opened for signature by States signatories to the 1992 Liability Convention in London.
2. Subject to paragraph 4, this Protocol shall be approved by the States signatory to this protocol will be adopted or will be approved. 3. Subject to paragraph 4, this Protocol has not signed the present Protocol shall be open for entry States.
4. This Protocol only confirming the 1992 Liability Convention, accepted, or approved by the States in 1992 can be confirmed within the Liability Convention, acceptable, approval or can be entered.
5. Ratification, acceptance, approval or entry process, document processing will be performed by the Organization for submission to the Secretary General.
6. This Protocol is a party but the 1971 Fund Convention on the side without a State shall in respect of the Protocol Parties will be subject to various 1971 Fund Convention provisions in the Protocol shall be, but the 1971 Fund will not be subject to the 1971 Fund Convention provisions relating to the Parties of the Convention.
7. The present Protocol to enter into force after the approval given different 1971 Fund of an amendment to the contract, acceptance, approval or certificate of entry will be deemed to apply to the contract as modified in this way.
information on contributing oil
1. This Protocol before it enters into force for a State, that State, Article 28, paragraph 5, as specified in a document while and Organization Secretary-General on a date to be determined for the future years, the Organization the Secretary-General, regarding the state of this Protocol to various 1971 Fund will give Agreement will be obliged to find contribute to the Fund in accordance with Article 10 of each person's name and address and also oil information about the amount of about contributing taken during the previous calendar year in which such persons by the State territory.
2. During the transition period, Administrator, for the Party shall provide the information to the Organization Secretary General about the amount of oil that contribute taken by parties who are responsible for the present Protocol to various 1971 Fund Convention contribute to the Fund in accordance with Article 10 of.
Entry into force
1. The present Protocol shall enter into force twelve months after the date of fulfillment of the following conditions:
(A) at least eight State, ratification, acceptance, approval or entry documents to provide to the Secretary General, and
(B) "the Secretary-General of the Convention according to Article 29, in this state, at least 450 million tons of contributing oil field during the previous calendar year, when the contract get information about the person obliged to contribute in accordance with Article 10 of.
2. However, this Protocol will enter into force before the 1992 Liability Convention to enter into force.
3. The present Protocol, ratified, accepted, approved by or entered for each state, the present Protocol after the date of the document concerned in that State shall enter into force twelve months.
4. Each State shall Protocol's ratification, on the date of approval or not the document relating to the entry of this document may declare that it will not take effect until the end of the six-month period referred to in Article 31 For the purposes of this Article.
5. Each State that a declaration under the preceding paragraph may withdraw this declaration by giving a notice to the Secretary General of the Organization. In this way, rollback, the date of receipt of the notification will take effect and thus the withdrawal process that every State, at which consent to this Protocol, approval, shall be deemed not to accept or enter the document. 6. 1969 Protocol amending the 1992 Liability Convention in Article 13, paragraph 2 in a declaration by the State, which is edilcektir accept a declaration under paragraph 4 of this Article. Article 13, a declaration of withdrawal in accordance with paragraph 2 shall be deemed as a withdrawal is made under paragraph 5 of this Article pearl.
termination of contracts in 1969 and 1971
Subject to Article 30, within six months from the date of fulfillment of the following conditions:
(A) at least eight Devlt The fact that the parties to this Protocol or Article 30, paragraph 4, or by being subject to ratification, acceptance, approval or entry documents to provide to the Secretary General, and
(B) the Secretary-General of the Convention according to Article 29, in this state, at least 600 million tons of contributing oil field during the previous calendar year, when the contract get information about the person obliged to contribute in accordance with Article 10 of. The present Protocol, the Parties to each Party and Article 30, paragraph subject to 4 or approval by that acceptance, each State that the approval or entering the document, from the date of the end of the six-month period mentioned above, to enter into force twelve months 1971 Fund Convention and the 1969 It may terminate the sorumluluksözleş. Article 32
Revisions and changes
1. 1992 conference of the Convention made by the organization for the purpose of revising or amending may be made in the call.
2. Organization, all Contracting Parties to the 1992 Fund Convention at the request of at least one-third of revising or amending order shall convene a conference of the Contracting Parties.
Changing the compensation limit
1. At the request of one of at least four of the Contracting Parties, this Protocol amended 1971 Fund substance of Article 4, paragraph proposal to amend the 4 specified amount of compensation limits, the Secretary-General by all members of the organization and will be sent to all Contracting Parties.
2. suggested in figure and sent to any changes noted above, at least six months after the date of submission will be submitted to the Legal Committee of the Organization for consideration at a later date.
3. Let the Members of the Organization, whether or not all Contracting Parties that are Parties to this Protocol amended 1971 Fund Convention shall be entitled to participate in the evaluation of the study and adoption of amendments to the Legal Committee.
4. Amendments, provided they include the vote of at least half of the Contracting Parties, the Law Committee, as provided by paragraph 3, readily available and voting, participating in three of the Contracting Parties shall be adopted by a majority of two.
5. acting on a proposal to replace the Determination, the Legal Committee, the occurrence of incidents and in particular the amount of damage caused by this incident and will take into account changes in the monetary values. Also, it takes into account the relationship between this Protocol amended Article 4 of the agreement with Article 4 limits in paragraph 1992 Oil Pollution from Losses of Legal Article V of the International Convention on Liability limits specified in paragraph 1.
6. (a) No amendment of the limits under this Article, before 1998 or before January 15 for less than five years after the date of entry into force of the previous amendment under this article shall not be discussed. no change under this Article shall not be regarded as if it were earlier than the entry into force of this Protocol.
(B) No limit 15 January 1993 calculated on a compound basis from the date a year increased 6 percent, the corresponding amount can not be increased so as to exceed the limit set in the contract changed the protocols thereto.
(C) No limit may be increased so as to exceed 3 times the sum of the amounts corresponding to the limits specified in the contract changed the Protocols thereto.
7. Any amendment adopted in accordance with paragraph 4 shall be communicated to all Contracting Parties by the organization. The change at the end of the next eighteen months from the date of notification shall be considered as adopted. Legal Committee by the date of adoption of the amendment to the contract side with the State of a small part of the one in four, it is imperative to inform the organization that they do not accept the change, then the change can be rejected and shall have no effect.
8. An amendment accepted in accordance with paragraph 7 has been accepted, it shall enter into force within eighteen months after the date of acceptance.
9. These changes, according to article 34, paragraphs 1 and 2, changes related changes of feshetmedik this protocol at least six months before the effective date shall be binding on all Contracting States. This way, the denunciation shall take effect when the amendment enters into force.
10. These changes, even changes to the Legal Committee Eighteen months yet dolmas about the adoption has been accepted by the Government, which will connect a Contracting Party during this period. After this period, the Contracting State Party shall be subject to amendment adopted in accordance with paragraph 7. Done in the cases referred to in paragraph enters into force a change or when this Protocol enters into force for that State, whichever is the later, this change will connect the state.
1. The present Protocol, the parties to a question at any time after the date of entry into force, the parties terminated. 2. Denunciation shall be held by the Secretary General of the Organization of denunciation.
3. Termination, after issuance of denunciation to the Secretary General of the Organization of twelve months or a longer period specified in the termination shall enter into force.
4. Termination of the 1992 Liability Convention shall be considered as the termination of this Protocol. This is a form of termination of the 1969 Liability Convention of 1992 amending the name of the Protocol will enter into force on the date of termination of the Protocol's entry into force in accordance with Article 16. 5. 31 th in accordance with Article 1971 Fund Convention and the 1969 which terminate the Liability Convention this Protocol sides of each Contracting Party, this Protocol, from the date of this article shall be six months after the end of twelve months shall be deemed to have terminated to enter into force. From the date of Article 31 on entry into force of specified termination of the 1969 Liability Convention approval, ratification, acceptance, approval or enter document that, this protocol side of each state, the document in question on the date of entry into force so as to come into force shall be deemed present Protocol terminates.
6. This is among the Parties to the Protocol parties, the termination of this Agreement in accordance with Article 41 of the 1971 Fund Convention are someone from this side, no way be interpreted as a denunciation of the 1971 Fund Convention, different protocols present.
7. The present Protocol, notwithstanding the termination of any Party under this Article of, this Protocol various 1971 Fund in accordance with Article 10 of the Convention, the Convention changed this 12 Article 2 (b) contribution on a case observed before the date specified in paragraph termination enters into force about the payments obligations will continue to apply all provisions of this Protocol.
Extraordinary Board meetings
1. Any Contracting Party may, given the termination notice the results of the remaining contract is thought to increase the contribution level for the Contracting Parties substantially after the date of the notice of termination document within ninety days, the administrator of the extraordinary may request not call a meeting of shareholders. Leaders after the date of receipt of such a request within sixty days and shall call a board meeting.
2. Managers, including on its own initiative, the termination, if you think it will cause a significant increase in the contribution level of the remaining Contracting Parties, after the date of receipt of the notice of termination documents may call for the Council extraordinary meeting within sixty days. 3. Paragraphs 1 or by 2 collected an extraordinary meeting of the General Assembly of the termination, if it decides that a significant increase, resulting in the contribution level of the remaining Contracting Parties, in this case the State, the termination of late at the date of entry into force one hundred and twenty days ago, the same date to take effect It may terminate this Agreement. Article 36
1. The present Protocol, the number of Contracting Parties drops below three, will end.
2. Expiry that earlier in the history of the day of this Protocol which is linked to the Contracting States parties to ensure the implementation of the tasks set out in Article 37 of this Protocol and just being for this purpose, will continue to adhere to this Protocol.
liquidation of the Fund
1. If present Protocol expires, the Fund, however,
(A) to meet obligations related to events occurring before the date on which this Protocol has been completed;
(B) Contribution of subparagraph (a) under the scope as necessary to meet the obligations, including the necessary expenses for the management of the Fund for this purpose, the rights to the contributions will be entitled to practice.
2. The General Assembly of the remaining assets to be distributed equally among the parties involved, including the Fund, will take all necessary measures for the completion of the Fund's liquidation.
3. For the purposes of this Article the Fund shall remain a legal person.
1. This Protocol and any changes to the substance will be adopted in accordance with the Secretary General of the Organization 33.
2. The Secretary General of the Organization:
(A) (i) together with a new signing date or the delivery of the document;
(Ii) the substance, including the withdrawal made in accordance with procedures adopted by 30, each declaration and notification made under the same article;
(Iii) the date of entry into force of the Protocol;
(Iv) the substance of the termination date must be provided at 31;
(V) Article 33, paragraph offers all types of made for changing the compensation limit by 1;
(Vi) Article 33, paragraph any changes adopted by 4;
(Vii) According to this Article 8 and Article 9 paragraph of Article 33 in conjunction with the date of entry into force, any amendment adopted paragraph is accepted according to claim 7;
(Viii) with the given date and the date of entry into force of this Protocol shall be given termination documents;
(Ix) Article 34, any kind of termination is adopted pursuant to paragraph 5;
(X) Any dispute in accordance with any provision of the required communication protocol to this Protocol shall inform all States have signed or entered Protocol.
(B) present the certified true copies of this Protocol to all signatory States and shall send to all States to this Protocol entered.
3. As soon as the present Protocol enters into force, the text, the Secretary General of the Organization, the United Nations will be sent to the United Nations Secretariat for recording and publication in accordance with Article 102 of the Articles of Association.
The present Protocol, each including genuine degree in business, it, Arabic, Chinese, English, French, has made a single original, including Russian and Spanish languages.
Twenty-seven November Bindokuzyüzdoks Date Edited in London two.
The martyrdom of the above, the undersigned bulunanlar, the Governments concerned for this purpose was signed by the duly authorized.
TURKEY'S RESERVATIONS The
Articles 3 / a (ii) contained in the article "is ... or the Contracting Parties to determine such a region, according to international law beyond the territorial sea as determined by the State and located adjacent to and from the territorial sea is measured where the base line 200 in an area extending not more than nautical field. .. "statement is not binding for Turkey. Indeed, such a statement is to contradict the norms of international law, Turkey recognizes the open sea this area.