INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTIONDAMAGE, 1969
INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTIONDAMAGE, 1969
Whole document
THE STATES PARTIES TO THE PRESENT CONVENTION,
CONSCIOUS of the dangers of pollution posed by the worldwide maritime
carriage of oil in bulk,
CONVINCED of the need to ensure that adequate compensation is
available to persons who suffer damage caused by pollution resulting from
the escape of discharge of oil from ships,
DESIRING to adopt uniform international rules and procedures for
determining questions of liability and providing adequate compensation in
such cases,
HAVE AGREED as follows:
Article I
For the purposes of this Convention:
1. "Ship" means any sea-going vessel and any seaborne craft of any
type whatsoever, actually carrying oil in bulk as cargo.
2. "Person" means any individual or partnership or any public or
private body, whether corporate or not, including a State or any of its
constituent subdivisions.
3. "Owner" means the person or persons registered as the owner of the
ship or, in the absence of registration, the person or persons owning the
ship. However, in the case of a ship owned by a State and operated by a
company which in that States is registered as the ship's operator, "owner"
shall mean such company.
4. "State of the ship's registry" means in relation to registered
ships the State of registration of the ship, and in relation to
unregistered ships the State whose flag the ship is flying.
5. "Oil" means any persistent oil such as crude oil, fuel oil, heavy
diesel oil, lubricating oil and whale oil, whether carried on board a ship
as cargo or in the bunkers of such a ship.
6. "Pollution damage" means loss or damage caused outside the ship
carrying oil by contamination resulting from the escape or discharge of
oil from the ship, wherever such escape or discharge may occur, and
includes the costs of preventive measures and further loss or damages
caused by preventive measures.
7. "Preventive measures" means any reasonable measures taken by any
person after an incident has occurred to prevent or minimize pollution
damage.
8. "Incident" means any occurrence, or series of occurrences having
the same origin, which causes pollution damage.
9. "Organization" means the Inter-Governmental Maritime Consultative
Organization.
Article II
This Convention shall apply exclusively to pollution damage caused on
the territory including the territorial sea of a Contracting State and to
preventive measures taken to prevent or minimize such damage.
Article III
1. Except as provided in paragraphs 2 and 3 of this Article, the owner
of a ship at the time of an incident, or where the incident consists of a
series of occurrences at the time of the first such occurrence, shall be
liable for any pollution damage caused by oil which has escaped or been
discharged from the ship as a result of the incident.
2. No liability for pollution damage shall attach to the owner if he
proves that the damage:
(a) resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional, inevitable and
irresistible character, or
(b) was wholly caused by an act or omission done with intent to
cause damage by a third party, or
(c) was wholly caused by the negligence or other wrongful act of
any Government or other authority responsible for the maintenance of
lights or other navigational aids in the exercise of that function.
3. If the owner proves that the pollution damage resulted wholly or
partially either from an act or omission done with intent to cause damage
by the person who suffered the damage or from the negligence of that
person, the owner may be exonerated wholly or partially from his liability
to such person.
4. No claim for compensation for pollution damage shall be made
against the owner otherwise than in accordance with this Convention. No
claim for pollution damage under this Convention or otherwise may be made
against the servants or agents of the owner.
5. Nothing in this Convention shall prejudice any right of recourse of
the owner against third parties.
Article IV
When oil has escaped or has been discharged from two or more ships,
and pollution damage results therefrom, the owners of all the ships
concerned, unless exonerated under Article III, shall be jointly and
severally liable for all such damage which is not reasonably separable.
Article V
1. The owner of a ship shall be entitled to limit his liability under
this Convention in respect of any one incident to an aggregate amount of
2,000 francs for each ton of the ship's tonnage. However, this aggregate
amount shall not in any event exceed 210 million francs.
2. If the incident occurred as a result of the actual fault or privity
of the owner, he shall not be entitled to avail himself of the limitation
provided in paragraph 1 of this Article.
3. For the purpose of availing himself of the benefit of limitation
provided for in paragraph 1 of this Article the owner shall constitute a
fund for the total sum representing the limit of his liability with the
Court or other competent authority of any one of the Contracting States in
which action is brought under Article IX. The fund can be constituted
either by depositing the sum or by producing a bank guarantee or other
guarantee, acceptable under the legislation of the Contracting State where
the fund is constituted, and considered to be adequate by the Court or
another competent authority.
4. The fund shall be distributed among the claimants in proportion to
the amounts of their established claims.
5. If before the fund is distributed the owner or any of his servants
or agents or any person providing him insurance or other financial
security has as a result of the incident in question, paid compensation
for pollution damage, such person shall, up to the amount he has paid,
acquire by subrogation the rights which the person so compensated would
have enjoyed under this Convention.
6. The right of subrogation provided for in paragraph 5 of this
Article may also be exercised by a person other than those mentioned
therein in respect of any amount of compensation for pollution damage
which he may have paid but only to the extent that such subrogation is
permitted under the applicable national law.
7. Where the owner or any other person establishes that he may be
compelled to pay at a later date in whole or in part any such amount of
compensation, with regard to which such person would have enjoyed a right
of subrogation under paragraphs 5 or 6 of this Article, had the
compensation been paid before the fund was distributed, the Court or other
competent authority of the State where the fund has been constituted may
order that a sufficient sum shall be provisionally set aside to enable
such person at such later date to enforce his claim against the fund.
8. Claims in respect of expenses reasonably incurred or sacrifices
reasonably made by the owner voluntarily to prevent or minimize pollution
damage shall rank equally with other claims against the fund.
9. The franc mentioned in this Article shall be a unit consisting of
sixty-five and a half milligrams of gold of millesimal fineness nine
hundred. The amount mentioned in paragraph 1 of this Article shall be
converted into the national currency of the State in which the fund is
being constituted on the basis of the official value of that currency by
reference to the unit defined above on the date of the fund.
10. For the purpose of this Article the ship's tonnage shall be the
net tonnage of the ship with the addition of the amount deducted from the
gross tonnage on account of engine room space for the purpose of
ascertaining the net tonnage. In the case of a ship which cannot be
measured in accordance with the normal rules of tonnage measurement, the
ship's tonnage shall be deemed to be 40 per cent of the weight in tons (of
2,240 lbs.) of oil which the ship is capable of carrying.
11. The insurer or other person providing financial security shall be
entitled to constitute a fund in accordance with this Article on the same
conditions and having the same effect as if it were constituted by the
owner. Such a fund may be constituted even in the event of the actual
fault or privity of the owner but its constitution shall in that case not
prejudice the rights of any claimant against the owner.
Article VI
1. Where the owner, after an incident, has constituted a fund in
accordance with Article V, and is entitled to limit his liability,
(a) no person having a claim for pollution damage arising out of
that incident shall be entitled to exercise any right against any other
assets of the owner in respect of such claim;
(b) the Court or other competent authority of any Contracting
State shall order the release of any ship or other property belonging to
the owner which has been arrested in respect of a claim for pollution
damage arising out of that incident, and shall similarly release any bail
or other security furnished to avoid such arrest.
2. The foregoing shall, however, only apply if the claimant has access
to the Court administering the fund and the fund is actually available in
respect of his claim.
Article VII
1. The owner of a ship registered in a Contracting State and carrying
more than 2,000 tons of oil in bulk as cargo shall be required to maintain
insurance or other financial security, such as the guarantee of a bank or
a certificate delivered by an international compensation fund, in the sums
fixed by applying the limits of liability prescribed in Article V,
paragraph 1 to cover his liability for pollution damage under this
Convention.
2. A certificate attesting that insurance or other financial security
is in force in accordance with the provisions of this Convention shall be
issued to each ship. It shall be issued or certified by the appropriate
authority of the State of the ship's registry after determining that the
requirements of paragraph 1 of this Article have been complied with. This
certificate shall be in the form of the annexed model and shall contain
the following particulars:
(a) name of ship and port of registration;
(b) name and principal place of business of owner;
(c) type of security;
(d) name and principal place of business of insurer or other
person giving security and, where appropriate, place of business where
the insurance or security is established;
(e) period of validity of certificate which shall not be longer than
the period of validity of the insurance or other security.
3. The certificate shall be in the official language or languages of
the issuing State. If the language used is neither English nor French the
text shall include a translation into one of these languages.
4. The certificate shall be carried on board the ship and a copy shall
be deposited with the authorities who keep the record of the ship's
registry.
5. An insurance or other financial security shall not satisfy the
requirements of this Article if it can cease, for reasons other than the
expiry of the period of validity of the insurance or security specified in
the certificate under paragraph 2 of this Article, before three months
have elapsed from the date on which notice of its termination is given to
the authorities referred to in paragraph 4 of this Article, unless the
certificate has been surrendered to these authorities or a new certificate
has been issued within the said period. The foregoing provisions shall
similarly apply to any modification which results in the insurance or
security no longer satisfying the requirements of this Article.
6. The State of registry shall, subject to the provisions of this
Article, determine the conditions of issue and validity of the
certificate.
7. Certificates issued or certified under the authority of a
Contracting State shall be accepted by other Contracting States for the
purposes of this Convention and shall be regarded by other Contracting
States as having the same force as certificates issued or certified by
them. A Contracting State may at any time request consultation with the
State of a ship's registry should it believe that the insurer or guarantor
named in the certificate is not financially capable of meeting the
obligations imposed by this Convention.
8. Any claim for compensation for pollution damage may be brought
directly against the insurer or other person providing financial security
for the owner's liability for pollution damage. In such case the defendant
may, irrespective of the actual fault or privity of the owner, avail
himself of the limits of liability prescribed in Article V, paragraph 1.
He may further avail himself of the defences (other than the bankruptcy or
winding-up of the owner) which the owner himself would have been entitled
to invoke. Furthermore, the defendant may avail himself of the defence
that the pollution damage resulted from the wilful misconduct of the owner
himself, but the defendant shall not avail himself of any other defence
which he might have been entitled to invoke in proceedings brought by the
owner against him. The defendant shall in any event have the right to
require the owner to be joined in the proceedings.
9. Any sums provided by insurance or by other financial security
maintained in accordance with paragraph 1 of this Article shall be
available exclusively for the satisfaction of claims under this
Convention.
10. A Contracting State shall not permit a ship under its flag to
which this Article applies to trade unless a certificate has been issued
under paragraph 2 or 12 of this Article.
11. Subject to the provisions of this Article, each Contracting State
shall ensure, under its national legislation, that insurance or other
security to the extent specified in paragraph 1 of this Article is in
force in respect of any ship, wherever registered, entering or leaving a
port in its territory, or arriving at or leaving an off-shore terminal in
its territorial sea, if the ship actually carries more than 2,000 tons of
oil in bulk as cargo.
12. If insurance or other financial security is not maintained in
respect of a ship owned by a Contracting State, the provisions of this
Article relating thereto shall not be applicable to such ship, but the
ship shall carry a certificate issued by the appropriate authorities of
the State of the ship's registry stating that the ship is owned by that
State and that the ship's liability is covered within the limits
prescribed by Article V, paragraph 1. Such a certificate shall follow as
closely as practicable the model prescribed by paragraph 2 of this
Article.
Article VIII
Rights of compensation under this Convention shall be extinguished
unless an action is brought thereunder within three years from the date
when the damage occurred. However, in no case shall an action be brought
after six years from the date of the incident which caused the damage.
Where this incident consists of a series of occurrences, the six years'
period shall run from the date of the first such occurrence.
Article IX
1. Where an incident has caused pollution damage in the territory
including the territorial sea of one or more Contracting States, or
preventive measures have been taken to prevent or minimize pollution
damage in such territory including the territorial sea, actions for
compensation may only be brought in the Courts of any such Contracting
State or States. Reasonable notice of any such action shall be given to
the defendant.
2. Each Contracting State shall ensure that its Courts possess the
necessary jurisdiction to entertain such actions for compensation.
3. After the fund has been constituted in accordance with Article V
the Courts of the State in which the fund is constituted shall be
exclusively competent to determine all matters relating to the
apportionment and distribution of the fund.
Article X
1. Any judgment given by a Court with jurisdiction in accordance with
Article IX which is enforceable in the State of origin where it is no
longer subject to ordinary forms of review, shall be recognized in any
Contracting State, except:
(a) where the judgment was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a fair
opportunity to present his case.
2. A judgment recognized under paragraph 1 of this Article shall be
enforceable in each Contracting State as soon as the formalities required
in that State have been complied with. The formalities shall not permit
the merits of the case to be re-opened.
Article XI
1. The provisions of this Convention shall not apply to warships or
other ships owned or operated by a State and used, for the time being,
only on Government non-commercial service.
2. With respect to ships owned by a Contracting State and used for
commercial purposes, each State shall be subject to suit in the
jurisdictions set forth in Article IX and shall waive all defences based
on its status as a sovereign State.
Article XII
This Convention shall supersede any International Conventions in force
or open for signature, ratification or accession at the date on which the
Convention is opened for signature, but only to the extent that such
Conventions would be in conflict with it; however, nothing in this Article
shall affect the obligations of Contracting States to non-Contracting
States arising under such International Conventions.
Article XIII
1. The present Convention shall remain open for signature until
December 31, 1970 and shall thereafter remain open for accession.
2. States Members of the United Nations or any of the Specialized
Agencies or of the International Atomic Energy Agency or Parties to the
Statute of the International Court of Justice may become Parties to this
Convention by:
(a) signature without reservation as to ratification, acceptance
or approval;
(b) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(c) accession.
Article XIV
1. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the present
Convention with respect to all existing Contracting States, or after the
completion of all measures required for the entry into force of the
amendment with respect to those Contracting States shall be deemed to
apply to the Convention as modified by the amendment.
Article XV
1. The present Convention shall enter into force on the ninetieth day
following the date on which Governments of eight States including five
States each with not less than 1,000,000 gross tons of tanker tonnage have
either signed it without reservation as to ratification, acceptance or
approval or have deposited instruments of ratification, acceptance,
approval or accession with the Secretary-General of the Organization.
2. For each State which subsequently ratifies, accepts, approves or
accedes to it the present Convention shall come into force on the
ninetieth day after deposit by such State of the appropriate instrument.
Article XVI
1. The present Convention may be denounced by any Contracting State at
any time after the date on which the Convention comes into force for that
State.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer period as
may be specified in the instrument of denunciation, after its deposit with
the Secretary-General of the Organization.
Article XVII
1. The United Nations, where it is the administering authority for a
territory, or any Contracting State responsible for the international
relations of a territory, shall as soon as possible consult with the
appropriate authorities of such territory or take such other measures as
may be appropriate, in order to extend the present Convention to that
territory and may at any time by notification in writing to the
Secretary-General of the Organization declare that the present Convention
shall extend to such territory.
2. The present Convention shall, from the date of receipt of the
notification or from such other date as may be specified in the
notification, extend to the territory named therein.
3. The United Nations, or any Contracting State which has made a
declaration under paragraph 1 of this Article may at any time after the
date on which the Convention has been so extended to any territory declare
by notification in writing to the Secretary-General of the Organization
that the present Convention shall cease to extend to any such territory
named in the notification.
4. The present Convention shall cease to extend to any territory
mentioned in such notification one year, or such longer period as may be
specified therein, after the date of receipt of the notification by the
Secretary-General of the Organization.
Article XVIII
1. A Conference for the purpose of revising or amending the present
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the Contracting
States for revising or amending the present Convention at the request of
not less than one-third of the Contracting States.
Article XIX
1. The present Convention shall be deposited with the
Secretary-General of the Organization.
2. The Secretary-General of the Organization shall:
(a) inform all States which have signed or acceded to the
Convention of
(i) each new signature or deposit of instrument together with
the date thereof;
(ii) the deposit of any instrument of denunciation of this
Convention together with the date of the deposit;
(iii) the extension of the present Convention to any territory
under paragraph 1 of Article XVII and of the termination of any such
extension under the provisions of paragraph 4 of that Article stating in
each case the date on which the present Convention has been or will cease
to be so extended;
(b) transmit certified true copies of the present Convention to
all Signatory States which accede to the present Convention.
Article XX
As soon as the present Convention comes into force, the text shall be
transmitted by the Secretary-General of the Organization to the
Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
Article XXI
The present Convention is established in a single copy in the English
and French languages, both texts being equally authentic. Official
translations in the Russian and Spanish languages shall be prepared and
deposited with the signed original.
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments for that purpose have signed the present
Convention.
DONE AT BRUSSELS this twenty-ninth day of November, 1969.
ANNEX CERTIFICATE OF INSURANCE OF OTHER FINANCIAL SECURITY IN RE-SPECT OF CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
Issued in accordance with the provisions of Article VII of the
International Convention on Civil Liability for Oil Pollution Damage,
1969.
|-----------------
|Distinctive Number | Port of | Name and Address |
| Name of Ship | |
| of Letters | Registry | of Owner |
|-----|------|---|-----|
| | |
| | |
| | |
| | |
| | |
|-----------------
This is to certify that there is in force in respect of the
above-named ship a policy of insurance or other financial security
satisfying the requirements of Article VII of the International Convention
on Civil Liability for Oil Pollution Damage, 1969.
Type of Security
Duration of Security
Name and Address of the Insurer(s) and/or Guarantor(s)
Name
Address
This certificate is valid until
Issued or certified by the Government of
(Full designation of the State)
At On
(Place) (Date)
Signature and Title of issuing or certifying
officials
Explanatory Notes:
1. If desired, the designation of the State may include a reference to
the competent public authority of the country where the certificate is
issued.
2. If the total amount of security has been furnished by more than one
source, the amount of each of them should be indicated.
3. If security is furnished in several forms, these should be
enumerated.
4. The entry "Duration of the Security" must stipulate the date on
which such security takes effect.
RESOLUTION ON ESTABLISHMENT OF AN INTERNATIONAL COMPENSATION FUNDFOR OIL POLLUTION DAMAGE
The International Legal Conference on Marine Pollution Damage, 1969,
Noting that the International Convention on Civil Liability for Oil
Pollution Damage 1969, although it lays down the principle of strict
liability and provides for a system of compulsory insurance or other
financial guarantee for ships carrying oil in bulk as cargo, does not
afford full protection for victims in all cases.
Recognizing the view having emerged during the Conference that some
form of supplementary scheme in the nature of an international fund is
necessary to ensure that adequate compensation will be available for
victims of large scale oil pollution incidents.
Taking account of the report submitted by the working party set up by
the Committee of the Whole II to study the problems relating to the
constitution of an international compensation fund.
Realising, however, that the time available for the Conference has not
made it possible to give full consideration to all aspects of such a
compensation scheme,
Requests the Inter-Governmental Maritime Consultative Organization to
elaborate as soon as possible, through its Legal Committee and other
appropriate legal bodies, a draft for a compensation scheme based upon the
existence of an International Fund.
Considers that such a compensation scheme should be elaborated taking
into account as a foundation the following principles:
1. Victims should be fully and adequately compensated under a system
based upon the principle of strict liability.
2. The fund should in principle relieve the shipowner of the
additional financial burden imposed by the present Convention.
Requests IMCO to convene, not later than the year 1971, an
International Legal Conference for the consideration and adoption of such
a compensation scheme.
RESOLUTION ON REPORT OF THE WORKING GROUP ON THE "FUND"
The Conference,
Having taken note of the report of the Working Group on the "Fund",
LEG/CONF/ C.2/WP.45,
Requests the Inter-Governmental Maritime Consultative Organization to
consider this report in connection with further work with regard to the
"Fund".
rritorial sea, if the ship actually carries more than 2,000 tons of
oil in bulk as cargo.
12. If insurance or other financial security is not maintained in
respect of a ship owned by a Contracting State, the provisions of this
Article relating thereto shall not be applicable to such ship, but the
ship shall carry a certificate issued by the appropriate authorities of
the State of the ship's registry stating that the ship is owned by that
State and that the ship's liability is covered within the limits
prescribed by Article V, paragraph 1. Such a certificate shall follow as
closely as practicable the model prescribed by paragraph 2 of this
Article.
Article VIII
Rights of compensation under this Convention shall be extinguished
unless an action is brought thereunder within three years from the date
when the damage occurred. However, in no case shall an action be brought
after six years from the date of the incident which caused the damage.
Where this incident consists of a series of occurrences, the six years'
period shall run from the date of the first such occurrence.
Article IX
1. Where an incident has caused pollution damage in the territory
including the territorial sea of one or more Contracting States, or
preventive measures have been taken to prevent or minimize pollution
damage in such territory including the territorial sea, actions for
compensation may only be brought in the Courts of any such Contracting
State or States. Reasonable notice of any such action shall be given to
the defendant.
2. Each Contracting State shall ensure that its Courts possess the
necessary jurisdiction to entertain such actions for compensation.
3. After the fund has been constituted in accordance with Article V
the Courts of the State in which the fund is constituted shall be
exclusively competent to determine all matters relating to the
apportionment and distribution of the fund.
Article X
1. Any judgment given by a Court with jurisdiction in accordance with
Article IX which is enforceable in the State of origin where it is no
longer subject to ordinary forms of review, shall be recognized in any
Contracting State, except:
(a) where the judgment was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a fair
opportunity to present his case.
2. A judgment recognized under paragraph 1 of this Article shall be
enforceable in each Contracting State as soon as the formalities required
in that State have been complied with. The formalities shall not permit
the merits of the case to be re-opened.
Article XI
1. The provisions of this Convention shall not apply to warships or
other ships owned or operated by a State and used, for the time being,
only on Government non-commercial service.
2. With respect to ships owned by a Contracting State and used for
commercial purposes, each State shall be subject to suit in the
jurisdictions set forth in Article IX and shall waive all defences based
on its status as a sovereign State.
Article XII
This Convention shall supersede any International Conventions in force
or open for signature, ratification or accession at the date on which the
Convention is opened for signature, but only to the extent that such
Conventions would be in conflict with it; however, nothing in this Article
shall affect the obligations of Contracting States to non-Contracting
States arising under such International Conventions.
Article XIII
1. The present Convention shall remain open for signature until
December 31, 1970 and shall thereafter remain open for accession.
2. States Members of the United Nations or any of the Specialized
Agencies or of the International Atomic Energy Agency or Parties to the
Statute of the International Court of Justice may become Parties to this
Convention by:
(a) signature without reservation as to ratification, acceptance
or approval;
(b) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(c) accession.
Article XIV
1. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the present
Convention with respect to all existing Contracting States, or after the
completion of all measures required for the entry into force of the
amendment with respect to those Contracting States shall be deemed to
apply to the Convention as modified by the amendment.
Article XV
1. The present Convention shall enter into force on the ninetieth day
following the date on which Governments of eight States including five
States each with not less than 1,000,000 gross tons of tanker tonnage have
either signed it without reservation as to ratification, acceptance or
approval or have deposited instruments of ratification, acceptance,
approval or accession with the Secretary-General of the Organization.
2. For each State which subsequently ratifies, accepts, approves or
accedes to it the present Convention shall come into force on the
ninetieth day after deposit by such State of the appropriate instrument.
Article XVI
1. The present Convention may be denounced by any Contracting State at
any time after the date on which the Convention comes into force for that
State.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer period as
may be specified in the instrument of denunciation, after its deposit with
the Secretary-General of the Organization.
Article XVII
1. The United Nations, where it is the administering authority for a
territory, or any Contracting State responsible for the international
relations of a territory, shall as soon as possible consult with the
appropriate authorities of such territory or take such other measures as
may be appropriate, in order to extend the present Convention to that
territory and may at any time by notification in writing to the
Secretary-General of the Organization declare that the present Convention
shall extend to such territory.
2. The present Convention shall, from the date of receipt of the
notification or from such other date as may be specified in the
notification, extend to the territory named therein.
3. The United Nations, or any Contracting State which has made a
declaration under paragraph 1 of this Article may at any time after the
date on which the Convention has been so extended to any territory declare
by notification in writing to the Secretary-General of the Organization
that the present Convention shall cease to extend to any such territory
named in the notification.
4. The present Convention shall cease to extend to any territory
mentioned in such notification one year, or such longer period as may be
specified therein, after the date of receipt of the notification by the
Secretary-General of the Organization.
Article XVIII
1. A Conference for the purpose of revising or amending the present
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the Contracting
States for revising or amending the present Convention at the request of
not less than one-third of the Contracting States.
Article XIX
1. The present Convention shall be deposited with the
Secretary-General of the Organization.
2. The Secretary-General of the Organization shall:
(a) inform all States which have signed or acceded to the
Convention of
(i) each new signature or deposit of instrument together with
the date thereof;
(ii) the deposit of any instrument of denunciation of this
Convention together with the date of the deposit;
(iii) the extension of the present Convention to any territory
under paragraph 1 of Article XVII and of the termination of any such
extension under the provisions of paragraph 4 of that Article stating in
each case the date on which the present Convention has been or will cease
to be so extended;
(b) transmit certified true copies of the present Convention to
all Signatory States which accede to the present Convention.
Article XX
As soon as the present Convention comes into force, the text shall be
transmitted by the Secretary-General of the Organization to the
Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
Article XXI
The present Convention is established in a single copy in the English
and French languages, both texts being equally authentic. Official
translations in the Russian and Spanish languages shall be prepared and
deposited with the signed original.
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments for that purpose have signed the present
Convention.
DONE AT BRUSSELS this twenty-ninth day of November, 1969.
ANNEX CERTIFICATE OF INSURANCE OF OTHER FINANCIAL SECURITY IN RE-SPECT OF CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
Issued in accordance with the provisions of Article VII of the
International Convention on Civil Liability for Oil Pollution Damage,
1969.
|-----------------
|Distinctive Number | Port of | Name and Address |
| Name of Ship | |
| of Letters | Registry | of Owner |
|-----|------|---|-----|
| | |
| | |
| | |
| | |
| | |
|-----------------
This is to certify that there is in force in respect of the
above-named ship a policy of insurance or other financial security
satisfying the requirements of Article VII of the International Convention
on Civil Liability for Oil Pollution Damage, 1969.
Type of Security
Duration of Security
Name and Address of the Insurer(s) and/or Guarantor(s)
Name
Address
This certificate is valid until
Issued or certified by the Government of
(Full designation of the State)
At On
(Place) (Date)
Signature and Title of issuing or certifying
officials
Explanatory Notes:
1. If desired, the designation of the State may include a reference to
the competent public authority of the country where the certificate is
issued.
2. If the total amount of security has been furnished by more than one
source, the amount of each of them should be indicated.
3. If security is furnished in several forms, these should be
enumerated.
4. The entry "Duration of the Security" must stipulate the date on
which such security takes effect.
RESOLUTION ON ESTABLISHMENT OF AN INTERNATIONAL COMPENSATION FUNDFOR OIL POLLUTION DAMAGE
The International Legal Conference on Marine Pollution Damage, 1969,
Noting that the International Convention on Civil Liability for Oil
Pollution Damage 1969, although it lays down the principle of strict
liability and provides for a system of compulsory insurance or other
financial guarantee for ships carrying oil in bulk as cargo, does not
afford full protection for victims in all cases.
Recognizing the view having emerged during the Conference that some
form of supplementary scheme in the nature of an international fund is
necessary to ensure that adequate compensation will be available for
victims of large scale oil pollution incidents.
Taking account of the report submitted by the working party set up by
the Committee of the Whole II to study the problems relating to the
constitution of an international compensation fund.
Realising, however, that the time available for the Conference has not
made it possible to give full consideration to all aspects of such a
compensation scheme,
Requests the Inter-Governmental Maritime Consultative Organization to
elaborate as soon as possible, through its Legal Committee and other
appropriate legal bodies, a draft for a compensation scheme based upon the
existence of an International Fund.
Considers that such a compensation scheme should be elaborated taking
into account as a foundation the following principles:
1. Victims should be fully and adequately compensated under a system
based upon the principle of strict liability.
2. The fund should in principle relieve the shipowner of the
additional financial burden imposed by the present Convention.
Requests IMCO to convene, not later than the year 1971, an
International Legal Conference for the consideration and adoption of such
a compensation scheme.
RESOLUTION ON REPORT OF THE WORKING GROUP ON THE "FUND"
The Conference,
Having taken note of the report of the Working Group on the "Fund",
LEG/CONF/ C.2/WP.45,
Requests the Inter-Governmental Maritime Consultative Organization to
consider this report in connection with further work with regard to the
"Fund".
|