PROTOCOL OF 1976 TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILI-TY FOR OIL POLLUTION DAMAGE, 1969
PROTOCOL OF 1976 TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILI-TY FOR OIL POLLUTION DAMAGE, 1969
Whole document
THE PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the International Convention on Civil Liability for
Oil Pollution Damage, done at Brussels on November 29, 1969,
HAVE AGREED as follows:
Article I
For the purpose of the present Protocol:
1. "Convention" means the International Convention on Civil Liability
for Oil Pollution Damage, 1969.
2. "Organization" has the same meaning as in the Convention.
3. "Secretary-General" means the Secretary-General of the
Organization.
Article II
Article V of the Convention is amended as follows:
(1) Paragraph 1 is replaced by the following text:
"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
133 units of account of each ton of the ship's tonnage. However, this
aggregate amount shall not in any event exceed 14 million units of
account."
(2) Paragraph 9 is replaced by the following text:
9(a) the "unit of account" referred to in paragraph 1 of this Article
is the Special Drawing Right as defined by the International Monetary
Fund. The amounts mentioned in paragraph 1 shall be converted into the
national currency of the State in which the fund is being constituted on
the basis of the value of that currency by reference to the Special
Drawing Right on the date of the constitution of the fund. The value of
the national currency, in terms of the Special Drawing Right, of a
Contracting State which is a member of the International Monetary Fund,
shall be calculated in accordance with the method of valuation applied by
the International Monetary Fund in effect at the date in question for its
operations and transaction. The value of the national currency, in terms
of the Special Drawing Right, of a Contracting State which is not a member
of the International Monetary Fund, shall be calculated in a manner
determined by that State.
9(b) Nevertheless, a Contracting State which is not a member of the
International Monetary Fund and whose law does not permit the application
of the provisions of paragraph 9(a) of this Article may, at the time of
ratification, acceptance, approval of or accession to the present
Convention, or at any time thereafter, declare that the limits of
liability provided for in paragraph 1 to be applied in its territory
shall, in respect of any one incident, be an aggregate of 2,000 monetary
units for each ton of the ship's tonnage provided that this aggregate
amount shall not in any event exceed 210 million monetary units. The
monetary unit referred to in this paragraph corresponds to sixty-five and
a half milligrams of gold of millesimal fineness nine hundred. The
conversion of these amounts into the national currency shall be made
according to the law of the State concerned.
9(c) The calculation mentioned in the last sentence of paragraph 9(a)
and the conversion mentioned in paragraph 9(b) shall be made in such a
manner as to express in the national currency of the Contracting State as
far as possible the same real value for the amounts in paragraph 1 as is
expressed there in units of account. Contracting States shall communicate
to the depositary the manner of calculation pursuant to paragraph 9(a), or
the result of the conversion in paragraph 9(b) as the case may be, when
depositing an instrument referred to in Article IV and whenever there is a
change in either.
Article III
1. The present Protocol shall be open for signature by any State which
has signed the Convention or acceded thereto and by any State invited to
attend the Conference to Revise the Unit of Account Provisions of the
Convention on Civil Liability for Oil Pollution Damage, 1969, held in
London from November 17 to 19, 1976. The Protocol shall be open for
signature from February 1, 1977 to December 31, 1977 at the Headquarters
of the Organization.
2. Subject to paragraph 4 of this Article, the present Protocol shall
be subject to ratification, acceptance or approval by the States which
have signed it.
3. Subject to paragraph 4 of this Article, this Protocol shall be open
for accession by States which did not sign it.
4. The present Protocol may be ratified, accepted, approved or acceded
to by States Parties to the Convention.
Article IV
1. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the present
Protocol with respect to all existing Parties or after the completion of
all measures required for the entry into force of the amendment with
respect to all existing Parties, shall be deemed to apply to the Protocol
as modified by the amendment.
Article V
1. The present Protocol shall enter into force for the States which
have ratified, accepted, approved or acceded to it on the ninetieth day
following the date on which eight States including five States each with
not less than 1,000,000 gross tons of tanker tonnage have deposited
instruments of ratification, acceptance, approval or accession with the
Secretary-General.
2. For each State which subsequently ratifies, accepts, approves or
accedes to it, the present Protocol shall enter into force on the
ninetieth day after the deposit by such State of the appropriate
instrument.
Article VI
1. The present Protocol may be denounced by any Party at any time
after the date on which the Protocol enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument to
that effect with the Secretary-General.
3. 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.
Article VII
1. A Conference for the purpose of revising or amending the present
Protocol may be convened by the Organization.
2. The Organization shall convene a Conference of Parties to the
present Protocol for the purpose of revising or amending it at the request
of not less than one-third of the Parties.
Article VIII
1. The present Protocol shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) inform all States which have signed the present Protocol or
acceded thereto of:
(i) each new signature or deposit of an instrument together
with the date thereof;
(ii) the date of entry into force of the present Protocol;
(iii) the deposit of any instrument of denunciation of the
present Protocol together with the date on which the denunciation takes
effect;
(iv) any amendments to the present Protocol;
(b) transmit certified true copies of the present Protocol to all
States which have signed the present Protocol or acceded thereto.
Article IX
As soon as the present Protocol enters into force, a certified true
copy thereof shall be transmitted by the Secretary-General to the
Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
Article X
The present Protocol is established in a single original 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.
DONE AT LONDON this nineteenth day of November one thousand nine
hundred and seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that
purpose have signed the present Protocol.
RESOLUTION
The Conference to revise the unit of account provisions in the 1969
International Convention on Civil Liability for Oil Pollution Damage,
Considering that a decline in the value of money may affect, to a
serious extent, the amounts established in the Convention,
Recommends that the Participating Governments consider the problem
with a view to establishing a specific and efficient procedure for the
expeditious revision of such amounts in order to maintain their real
value.
or acceded thereto and by any State invited to
attend the Conference to Revise the Unit of Account Provisions of the
Convention on Civil Liability for Oil Pollution Damage, 1969, held in
London from November 17 to 19, 1976. The Protocol shall be open for
signature from February 1, 1977 to December 31, 1977 at the Headquarters
of the Organization.
2. Subject to paragraph 4 of this Article, the present Protocol shall
be subject to ratification, acceptance or approval by the States which
have signed it.
3. Subject to paragraph 4 of this Article, this Protocol shall be open
for accession by States which did not sign it.
4. The present Protocol may be ratified, accepted, approved or acceded
to by States Parties to the Convention.
Article IV
1. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the present
Protocol with respect to all existing Parties or after the completion of
all measures required for the entry into force of the amendment with
respect to all existing Parties, shall be deemed to apply to the Protocol
as modified by the amendment.
Article V
1. The present Protocol shall enter into force for the States which
have ratified, accepted, approved or acceded to it on the ninetieth day
following the date on which eight States including five States each with
not less than 1,000,000 gross tons of tanker tonnage have deposited
instruments of ratification, acceptance, approval or accession with the
Secretary-General.
2. For each State which subsequently ratifies, accepts, approves or
accedes to it, the present Protocol shall enter into force on the
ninetieth day after the deposit by such State of the appropriate
instrument.
Article VI
1. The present Protocol may be denounced by any Party at any time
after the date on which the Protocol enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument to
that effect with the Secretary-General.
3. 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.
Article VII
1. A Conference for the purpose of revising or amending the present
Protocol may be convened by the Organization.
2. The Organization shall convene a Conference of Parties to the
present Protocol for the purpose of revising or amending it at the request
of not less than one-third of the Parties.
Article VIII
1. The present Protocol shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) inform all States which have signed the present Protocol or
acceded thereto of:
(i) each new signature or deposit of an instrument together
with the date thereof;
(ii) the date of entry into force of the present Protocol;
(iii) the deposit of any instrument of denunciation of the
present Protocol together with the date on which the denunciation takes
effect;
(iv) any amendments to the present Protocol;
(b) transmit certified true copies of the present Protocol to all
States which have signed the present Protocol or acceded thereto.
Article IX
As soon as the present Protocol enters into force, a certified true
copy thereof shall be transmitted by the Secretary-General to the
Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
Article X
The present Protocol is established in a single original 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.
DONE AT LONDON this nineteenth day of November one thousand nine
hundred and seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that
purpose have signed the present Protocol.
RESOLUTION
The Conference to revise the unit of account provisions in the 1969
International Convention on Civil Liability for Oil Pollution Damage,
Considering that a decline in the value of money may affect, to a
serious extent, the amounts established in the Convention,
Recommends that the Participating Governments consider the problem
with a view to establishing a specific and efficient procedure for the
expeditious revision of such amounts in order to maintain their real
value.
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