PROTOCOL OF 1976 TO THE INTERNATIONAL CONVENTION ON THE ESTABLISH-MENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE,1971
PROTOCOL OF 1976 TO THE INTERNATIONAL CONVENTION ON THE ESTABLISH-MENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE,1971
Whole document
THE PARTIES TO THE PRESENT PROTOCOL,
HAVING CONSIDERED the International Convention on the Establishment of
an International Fund for Compensation for Oil Pollution Damage, done at
Brussels on December 18, 1971,
HAVE AGREED as follows:
Article I
For the purpose of the present Protocol:
1. "Convention" means the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution
Damage, 1971.
2. "Liability Convention" has the same meaning as in the Convention.
3. "Organization" has the same meaning as in the Convention.
4. "Secretary-General" means the Secretary-General of the
Organization.
Article II
Article 1, paragraph 4 of the Convention is replaced by the following
text:
"Unit of Account" or "Monetary Unit" means the unit of account or
monetary unit as the case may be, referred to in Article V of the
Liability Convention, as amended by the Protocol thereto adopted on
November 19, 1976.
Article III
The amounts referred to in the Convention shall wherever they appear
be amended as follows:
(a) Article 4:
(i) "450 million francs" is replaced by "30 million units of
account or 450 million monetary units";
(ii) "900 million francs" is replaced by "60 million units of
account or 900 million monetary units".
(b) In Article 5:
(i) "1,500 francs" is replaced by "100 units of account or
1,500 million monetary units";
(ii) "125 million francs" is replaced by "8,333,000 units of
account or 125 million monetary units";
(iii) "2,000 francs" is replaced by "133 units of account or
2,000 monetary units";
(iv) "210 million francs" is replaced by "14 million units of
account or 210 million monetary units".
(c) In Article 11, "75 million francs" is replaced by "5 million
units of account or 75 million monetary units".
(d) In Article 12, "15 million francs" is replaced by "1 million
units of account or 15 million monetary units".
Article IV
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 in the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1971, 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 V
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 VI
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 the following requirements are fulfilled;
(a) at least eight States have deposited instruments of
ratification, acceptance, approval or accession with the
Secretary-General, and
(b) the Secretary-General has received information in accordance
with Article 39 of the Convention that those persons in such States who
would be liable to contribute pursuant to Article 10 of the Convention
have received during the preceding calendar year a total quantity of at
least 750 million tons of contributing oil.
2. However, the present Protocol shall not enter into force before the
Convention has entered into force.
3. For each State which subsequently ratifies, accepts, approves or
accedes to it, the present Protocol shall enter into force on the
ninetieth day after deposit by such State of the appropriate instrument.
Article VII
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 with
the Secretary-General.
3. Denunciation shall take effect one year, or such longer period as
may by specified in the instrument of denunciation, after its deposit with
the Secretary-General.
Article VIII
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 IX
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 X
As soon as this 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 XI
The present Protocol is established in a single original in the
English and French languages, both texts being equally authentic.
Official translation in the Russian and Spanish languages shall be
prepared by the Secretariat of the Organization 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 1971
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution,
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.
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 VI
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 the following requirements are fulfilled;
(a) at least eight States have deposited instruments of
ratification, acceptance, approval or accession with the
Secretary-General, and
(b) the Secretary-General has received information in accordance
with Article 39 of the Convention that those persons in such States who
would be liable to contribute pursuant to Article 10 of the Convention
have received during the preceding calendar year a total quantity of at
least 750 million tons of contributing oil.
2. However, the present Protocol shall not enter into force before the
Convention has entered into force.
3. For each State which subsequently ratifies, accepts, approves or
accedes to it, the present Protocol shall enter into force on the
ninetieth day after deposit by such State of the appropriate instrument.
Article VII
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 with
the Secretary-General.
3. Denunciation shall take effect one year, or such longer period as
may by specified in the instrument of denunciation, after its deposit with
the Secretary-General.
Article VIII
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 IX
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 X
As soon as this 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 XI
The present Protocol is established in a single original in the
English and French languages, both texts being equally authentic.
Official translation in the Russian and Spanish languages shall be
prepared by the Secretariat of the Organization 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 1971
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution,
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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