PROTOCOL OF 1984 TO AMEND THE INTERNATIONAL CONVENTION ON THEESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTIONDAMAGE, 1971
PROTOCOL OF 1984 TO AMEND THE INTERNATIONAL CONVENTION ON THEESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTIONDAMAGE, 1971
Whole document
THE STATES PARTIES TO THE PRESENT PROTOCOL,
CONSIDERING that it is desirable to amend the International Convention
on the Establishment of an International Fund for Compensation for Oil
Pollution Damage, done at Brussels on 18 December 1971, to provide for
improved scope and enhanced compensation.
RECOGNIZING the advantage for the States Parties of arranging for the
amended Convention to coexist with and be supplementary to the original
Convention for a transitional period,
CONVINCED that the economic consequences of pollution damage resulting
from the carriage of oil in bulk at sea by ships should continue to be
shared by the shipping industry and by the oil cargo interests,
BEARING in mind the adoption of the Protocol of 1984 to amend the
International Convention on Civil Liability for Oil Pollution Damage,
1969,
HAVE AGREED as follows:
Article 1
The Convention which the provisions of this Protocol amend is the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1971, hereinafter referred to as
the "1971 Fund Convention". For States Party to the Protocol of 1976 to
the 1971 Fund Convention, such reference shall be deemed to include the
1971 Fund Convention as amended by that Protocol.
Article 2
Article 1 of the 1971 Fund Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. "1984 Liability Convention" means the International Convention
on Civil Liability for Oil Pollution Damage, 1984.
2. After paragraph 1 a new paragraph is inserted as follows:
1. bis "1971 Fund Convention" means the International Convention
on the Establishment of an International Fund for Compensation for Oil
Pollution Damage, 1971. For Parties to the Protocol of 1976 to that
Convention, the term shall be deemed to include the 1971 Fund Convention
as amended by that Protocol.
3. Paragraph 2 is replaced by the following text:
2. "Ship", "Person", "Owner", "Oil", "Pollution Damage",
"Preventive Measures", "Incident", and "Organization" have the same
meaning as in Article I of the 1984 Liability Convention.
4. Paragraph 4 is replaced by the following text:
4. "Unit of account" has the same meaning as in Article V,
paragraph 9, of the 1984 Liability Convention.
5. Paragraph 5 is replaced by the following text:
5. "Ship's tonnage" has the same meaning as in Article V,
paragraph 10, of the 1984 Liability Convention.
6. Paragraph 7 is replaced by the following text:
7. "Guarantor" means any person providing insurance or other
financial security to cover an owner's liability in pursuance of Article
VII, paragraph 1, of the 1984 Liability Convention.
Article 3
Article 2 of the 1971 Fund Convention is amended as follows:
Paragraph 1 is replaced by the following text:
1. An International Fund for compensation for pollution damage, to
be named "The International Oil Pollution Compensation Fund 1984" and
hereinafter referred to as "the Fund" is hereby established with the
following aims:
(a) to provide compensation for pollution damage to the extent
that the protection afforded by the 1984 Liability Convention is
inadequate;
(b) to give effect to the related purposes set out in this
Convention.
Article 4
Article 3 of this 1971 Fund Convention is replaced by the following
text:
This Convention shall apply exclusively:
(a) to pollution damage caused:
(i) in the territory, including the territorial sea, of a
Contracting State, and
(ii) in the exclusive economic zone of a Contracting
State, established in accordance with international law, or, if a
Contracting State has not established such a zone, in an area beyond and
adjacent to the territorial sea of that State determined by that State in
accordance with international law and extending not more than 200 nautical
miles from the baselines from which the breadth of its territorial sea is
measured;
(b) to preventive measures, wherever taken, to prevent or
minimize such damage.
Article 5
The heading to Articles 4 to 9 of the 1971 Fund Convention is amended
by deleting the words "and indemnification".
Article 6
Article 4 of the 1971 Fund Convention is amended as follows:
1. In paragraph 1 the five references to "the Liability Convention"
are replaced by references to "the 1984 Liability Convention".
2. Paragraph 3 is replaced by the following text:
3. If the Fund proves that the pollution damage resulted wholly or
partially either from an act or omission done with the intent to cause
damage by the person who suffered the damage or from the negligence of
that person, the Fund may be exonerated wholly or partially from its
obligation to pay compensation to such person. The Fund shall in any event
be exonerated to the extent that the shipowner may have been exonerated
under Article III, paragraph 3, of the 1984 Liability Convention. However,
there shall be no such exoneration of the Fund with regard to preventive
measures.
3. Paragraph 4 is replaced by the following text:
4. (a) Except as otherwise provided in subparagraphs (b) and (c)
of this paragraph, the aggregate amount of compensation payable by the
Fund under this Article shall in respect of any one incident be limited,
so that the total sum of that amount and the amount of compensation
actually paid under the 1984 Liability Convention for pollution damage
within the scope of application of this Convention as defined in Article 3
shall not exceed 135 million units of account.
(b) Except as otherwise provided in subparagraph (c), the
aggregate amount of compensation payable by the Fund under this Article
for pollution damage resulting from a natural phenomenon of an
exceptional, inevitable and irresistible character shall not exceed 135
million units of account.
(c) The maximum amount of compensation referred to in
subparagraphs (a) and (b) shall be 200 million units of account with
respect to any incident occurring during any period when there are three
Parties to this Convention in respect of which the combined relevant
quantity of contributing oil received by persons in the territories of
such Parties, during the preceding calendar year, equalled or exceeded 600
million tons.
(d) Interest accrued on a fund constituted in accordance with
Article V, paragraph 3, of the 1984 Liability Convention, if any, shall
not be taken into account for the computation of the maximum compensation
payable by the Fund under this Article.
(e) The amounts mentioned in this Article shall be converted
into national currency on the basis of the value of that currency by
reference to the Special Drawing Right on the date of the decision of the
Assembly of the Fund as to the first date of payment of compensation.
4. paragraph 5 is replaced by the following text:
5. Where the amount of established claims against the Fund exceeds
the aggregate amount of compensation payable under paragraph 4, the amount
available shall be distributed in such a manner that the proportion
between any established claim and the amount of compensation actually
recovered by the claimant under this Convention shall be the same for all
claimants.
5. Paragraph 6 is replaced by the following text:
6. The Assembly of the Fund may decide that, in exceptional cases,
compensation in accordance with this Convention can be paid even if the
owner of the ship has not constituted a fund in accordance with Article V,
paragraph 3, of the 1984 Liability Convention. In such case paragraph 4(e)
of this Article applies accordingly.
Article 7
Article 5 of the 1971 Fund Convention is deleted.
Article 8
Article 6 of the 1971 Fund Convention is amended as follows:
1. In paragraph 1 the paragraph number and the words "or
indemnification under Article 5" are deleted.
2. Paragraph 2 is deleted.
Article 9
Article 7 of the 1971 Fund Convention is amended as follows:
1. In paragraph 1, 3, 4 and 9 the seven references to "the
Liability Convention" are replaced by references to "the 1984 Liability
Convention".
2. In paragraph 1 the words "or indemnification under Article 5"
are deleted.
3. In the first sentence of paragraph 3 the words "or
indemnification" and "or 5" are deleted.
4. In the second sentence of paragraph 3 the words "or under
Article 5, paragraph 1, " are deleted.
Article 10
In Article 8 of the 1971 Fund Convention the reference to "the
Liability Convention" is replaced by a reference to "the 1984 Liability
Convention".
Article 11
Article 9 of the 1971 Fund Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. The Fund shall, in respect of any amount of compensation
for pollution damage paid by the Fund in accordance with Article 4,
paragraph 1, of this Convention, acquire by subrogation the rights that
the person so compensated may enjoy under the 1984 Liability Convention
against the owner or his guarantor.
2. In paragraph 2 the word "or indemnification" are deleted.
Article 12
Article 10 of the 1971 Fund Convention is amended as follows:
The opening phrase of paragraph 1 is replaced by the following
text:
Annual contributions to the Fund shall be made in respect of each
Contracting State by any person who, in the calendar year referred to in
Article 12, paragraphs 2(a) or (b), has received in total quantities
exceeding 150,000 tons.
Article 13
Article 11 of the 1971 Fund Convention is deleted.
Article 14
Article 12 of the 1971 Fund Convention is amended as follows:
1. In the opening phrase of paragraph 1 the words "for each person
referred to in Article 10" are deleted.
2. In paragraph 1(i), subparagraphs (b) and (c), the words "or 5" are
deleted and the words "15 million francs" are replaced by the words "four
million units of account".
3. The opening phrase in paragraph 2 is replaced by the following
text:
The Assembly shall decide the total amount of contributions to be
levied. On the basis of that decision, the Director shall, in respect of
each Contracting State, calculate for each person referred to in Article
10 the amount of his annual contribution:
4. Paragraph 4 is replaced by the following text:
4. The annual contribution shall be due on the date to be laid
down in the Internal Regulations of the Fund. The Assembly may decide on a
different date of payment.
5. Paragraph 5 is replaced by the following text:
5. The Assembly may decide, under conditions to be laid down in
the Financial Regulations of the Fund, to make transfers between funds
received in accordance with Article 12.2 (a) and funds received in
accordance with Article 12.2 (b).
6. Paragraph 6 is deleted.
Article 15
Article 13 of the 1971 Fund Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. The amount of any contribution due under Article 12 and which
is in arrears shall bear interest at a rate which shall be determined in
accordance with the Internal Regulations of the Fund, provided that
different rates may be fixed for different circumstances.
2. In paragraph 3 the words "Article 10 and 11" are replaced by the
words "Articles 10 and 12" and the words "for a period exceeding three
months" are deleted.
Article 16
A new paragraph 4 is added to Article 15 of the 1971 Fund Convention:
4. Where a Contracting State does not fulfil its obligations to
submit to the Director the communication referred to in paragraph 2 and
this results in a financial loss for the Fund, that Contracting State
shall be liable to compensate the Fund for such loss. The Assembly shall,
on the recommendation of the Director, decide whether such compensation
shall be payable by a Contracting State.
Article 17
Article 16 of the 1971 Fund Convention is replaced by the following
text:
The Fund shall have an Assembly and a Secretariat headed by a
Director.
Article 18
Article 18 of the 1971 Fund Convention is amended as follows:
1. Paragraph 8 is deleted.
2. Paragraph 9 is replaced by the following text:
9. to establish any temporary or permanent subsidiary body it may
consider to be necessary, to define its terms of reference and to give it
the authority needed to perform the functions entrusted to it; when
appointing the members of such body, the Assembly shall endeavour to
secure an equitable geographical distribution of members and to ensure
that the Contracting State, in respect of which the largest quantities of
contributing oil are being received, are appropriately represented; the
Rules of Procedure of the Assembly may be applied, mutatis mutandis, for
the work of such subsidiary body;
3. In paragraph 10, the words, "the Executive Committee" are deleted.
4. In paragraph 11, the words, "the Executive Committee" are deleted.
5. Paragraph 12 is deleted.
Article 19
Article 19 of the 1971 Fund Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. Regular sessions of the Assembly shall take place once every
calendar year upon convocation by the Director.
2. In paragraph 2 the words "of the Executive Committee or" are
deleted.
Article 20
Article 21 to 27 of the 1971 Fund Convention and the heading to these
Articles are deleted.
Article 21
Article 29 of the 1971 Fund Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. The Director shall be the chief administrative officer of the
Fund. Subject to the instructions given to him by the Assembly, he shall
perform those functions which are assigned to him by this Convention, the
Internal Regulations of the Fund and the Assembly.
2. In paragraph 2(e) the words "or the Executive Committee" are
deleted.
3. In paragraph 2(f) the words "or to the Executive Committee, as the
case may be, " are deleted.
4. Paragraph 2(g) is replaced by the following text:
(g) prepare, in consultation with the Chairman of the Assembly,
and publish a report of the activities of the Fund during the previous
calendar year.
5. In paragraph 2(h) the words, "the Executive Committee" are deleted.
Article 22
In Article 31, paragraph 1, of the 1971 Fund Convention, the words "on
the Executive Committee and" are deleted.
Article 23
Article 32 of the 1971 Fund Convention is amended as follows:
1. In the opening phrase the words "and the Executive Committee" are
deleted.
2. In subparagraph (b) the words "and the Executive Committee" are
deleted.
Article 24
Article 33 of the 1971 Fund Convention is amended as follows:
1. Paragraph 1 is deleted.
2. In paragraph 2 the paragraph number is deleted.
3. Subparagraph (c) is replaced by the following text:
(c) the establishment of subsidiary bodies, under Article 18,
paragraph 9, and matters relating to such establishment.
Article 25
Article 35 of the 1971 Fund Convention is replaced by the following
text:
Claims for compensation under Article 4 arising from incidents
occurring after the date of entry into force of this Convention may not be
brought against the Fund earlier than the one hundred and twentieth day
after that date.
Article 26
After Article 36 of the 1971 Fund Convention three new Articles are
inserted as follows:
Article 36 bis
The following transitional provisions shall apply in the period,
hereinafter referred to as the transitional period, commencing with the
date of entry into force of this Convention and ending with the date on
which the denunciations provided for in Article 31 of the Protocol of 1984
to the 1971 Fund Convention take effect:
(a) In the application of paragraph 1(a) of Article 2 of this
Convention, the reference to the 1984 Liability Convention shall include
reference to the International Convention on Civil Liability for Oil
Pollution Damage, 1969 either in its original version or as amended by the
Protocol thereto of 1976 (referred to in this Article as "the 1969
Liability Convention"), and also the 1971 Fund Convention.
(b) Where an incident has caused pollution damage within the scope
of this Convention, the Fund shall pay compensation to any person
suffering pollution damage only if, and to the extent that, such person
has been unable to obtain full and adequate compensation for the damage
under the terms of the 1969 Liability Convention, the 1971 Fund
Convention, and the 1984 Liability Convention, provided that, in respect
of pollution damage within the scope of this Convention in respect of a
Party to this Convention but not a Party to the 1971 Fund Convention, the
Fund shall pay compensation to any person suffering pollution damage only
if, and to the extent that, such person would have been unable to obtain
full and adequate compensation had that State been party to each of the
above mentioned Conventions.
(c) In the application of Article 4 of this Convention the amount
to be taken into account in determining the aggregate amount of
compensation payable by the Fund shall also include the amount of
compensation actually paid under the 1969 Liability Convention, if any,
and the amount of compensation actually paid or deemed to have been paid
under the 1971 Fund Convention.
(d) Paragraph 1 of Article 9 of this Convention shall also apply
to the rights enjoyed under the 1969 Liability Convention.
Article 36 ter
Notwithstanding the provisions of this Convention, the following
provisions shall apply to the administration of the Fund during the period
in which both the 1971 Fund Convention and this Convention are in force:
(a) The Secretariat of the Fund, established by the 1971 Fund
Convention (hereinafter referred to as "the 1971 Fund"), headed by the
Director, may also function as the secretariat and the Director of the
Fund.
(b) If, in accordance with subparagraph (a) the Secretariat and
the Director of the 1971 Fund also perform the function of Secretariat and
Director of the Fund, the Fund shall be represented, in cases of conflict
of interests between the 1971 Fund and the Fund, by the Chairman of the
Assembly of the Fund.
(c) The Director and the staff and experts appointed by him,
performing their duties under this Convention and the 1971 Fund
Convention, shall not be regarded as contravening the provisions of
Article 30 of this Convention in so far as they discharge their duties in
accordance with this Article.
(d) The Assembly of the Fund shall endeavour not to take decisions
which are incompatible with decisions taken by the Assembly of the 1971
Fund. If differences of opinion with respect to common administrative
issues arise, the Assembly of the Fund shall try to reach a consensus with
the Assembly of the 1971 Fund, in a spirit of mutual co-operation and with
the common aims of both Organizations in mind.
(e) The Fund may succeed to the rights, obligations and assets of
the 1971 Fund if the Assembly of the 1971 Fund so decides, in accordance
with Article 44, paragraph 2, of the 1971 Fund Convention.
(f) The Fund shall reimburse to the 1971 Fund all costs and
expenses arising from administrative services performed by the 1971 Fund
on behalf of the Fund.
Article 36 quater
Final clauses
The final clauses of this Convention shall be Articles 28 to 39 of the
Protocol of 1984 to the 1971 Fund Convention. References in this
Convention to Contracting States shall be taken to mean references to the
Contracting States of that Protocol.
Article 27
1. The 1971 Fund Convention and this Protocol shall, as between the
Parties to this Protocol, be read and interpreted together as one single
instrument.
2. Articles 1 to 36 quater of the 1971 Fund Convention as amended by
this Protocol shall be known as the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution
Damage, 1984 (1984 Fund Convention).
FINAL CLAUSES
Article 28
Signature, ratification, etc.
1. This Protocol shall be open for signature at London from 1 December
1984 to 30 November 1985 by any State which has signed the 1984 Liability
Convention.
2. Subject to paragraph 4, this Protocol shall be ratified, accepted
or approved by States which have signed it.
3. Subject to paragraph 4, this Protocol is open for accession by
States which did not sign it.
4. This Protocol may be ratified, accepted, approved or acceded to,
only by States which have ratified, accepted, approved or acceded to the
1984 Liability Convention.
5. 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.
6. A State which is a Party to this Protocol but is not a Party to the
1971 Fund Convention shall be bound by the provisions of the 1971 Fund
Convention as amended by this Protocol in relation to other Parties
hereto, but shall not be bound by the provisions of the 1971 Fund
Convention in relation to Parties thereto.
7. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the 1971 Fund
Convention as amended by this Protocol shall be deemed to apply to the
Convention so amended, as modified by such amendment.
Article 29
Information on contributing oil
1. Before this Protocol comes into force for a State, that State
shall, when depositing an instrument referred to in Article 28, paragraph
5, and annually thereafter at a date to be determined by the
Secretary-General of the Organization, communicate to him the name and
address of any person who in respect of that State would be liable to
contribute to the Fund pursuant to Article 10 of the 1971 Fund Convention
as amended by this Protocol as well as data on the relevant quantities of
contributing oil received by any such person in the territory of that
State during the preceding calendar year.
2. During the transitional period, the Director shall, for Parties,
communicate annually to the Secretary-General of the Orqanization data on
quantities of contributing oil received by persons liable to contribute to
Fund pursuant to Article 10 of the 1971 Fund Convention as amended by this
Protocol.
Article 30
Entry into force
1. This Protocol shall enter into force twelve months 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
of the Organization; and
(b) the Secretary-General of the Organization has received
information in accordance with Article 29 that those persons who would be
liable to contribute pursuant to Article 10 of the 1971 Fund Convention as
amended by this Protocol have received during the preceding calendar year
a total quantity of at least 600 million tons of contributing oil.
2. However, this Protocol shall not enter into force before the 1984
Liability Convention has entered into force.
3. For each State which ratifies, accepts, approves or accedes to this
Protocol after the conditions in paragraph 1 for entry into force have
been met, the Protocol shall enter into force twelve months following the
date of the deposit by such State of the appropriate instrument.
4. Any State may, at the time of the deposit of its instrument of
ratification, acceptance, approval or accession in respect of this
Protocol, declare that such instrument shall not take effect for the
purpose of this Article until the end of the six-month period in Article
31.
5. Any State which has made a declaration in accordance with the
preceding paragraph may withdraw it at any time by means of a notification
addressed to the Secretary-General of the Organization. Any such
withdrawal shall take effect on the date the notification is received,
and any State making such a withdrawal shall be deemed to have deposited
its instrument of ratification, acceptance, approval or accession in
respect of this Protocol on that date.
6. Any State which has made a declaration under Article 13, paragraph
2, of the Protocol of 1984 to the 1969 Liability Convention shall be
deemed to have also made a declaration under paragraph 4 of this Article.
Withdrawal of declaration under the said Article 13, paragraph 2, shall be
deemed to constitute withdrawal also under paragraph 5 of this Article.
Article 31
Denunciation of 1969 and 1971 Conventions
Subject to Article 30, within six months following the date on which
the following requirements are fulfilled:
(a) at least eight States have become Parties to this Protocol or
have deposited instruments of ratification, acceptance, approval or
accession with the Secretary-General of the Organization, whether or not
subject to Article 30, paragraph 4; and
(b) the Secretary-General of the Organization has received
information in accordance with Article 29 that those persons who are or
would be liable to contribute pursuant to Article 10 of the 1971 Fund
Convention as amended by this Protocol have received during the preceding
calendar year a total quantity of at least 750 million tons of
contributing oil;
Each Party to this Protocol and each State which has deposited an
instrument of ratification, acceptance, approval or accession, whether or
not subject to Article 30, paragraph 4, shall, if party thereto, denounce
the 1971 Fund Convention and the 1969 Liability Convention with effect
twelve months after the expiry of the above-mentioned six-month period.
Article 32
Revision and amendment
1. A conference for the purpose of revising or amending the 1984 Fund
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of Contracting States
for the purpose of revising or amending the 1984 Fund Convention at the
request of not less than one-third of all Contracting States.
Article 33
Amendment of compensation limits
1. Upon the request of at least one-quarter of the Contracting States
any proposal to amend the limits of amounts of compensation laid down in
Article 4, paragraph 4, of the Convention as amended by this Protocol
shall be circulated by the Secretary-General to all Members of the
Organization and to all Contracting States.
2. Any amendment proposed and circulated as above shall be submitted
to the Legal Committee of the Organization for consideration at a date at
least six months after the date of its circulation.
3. All Contracting States to the Convention as amended by this
Protocol, whether or not Member of the Organization, shall be entitled to
participate in the proceedings of the Legal Committee for the
consideration and adoption of amendments.
4. Amendments shall be adopted by a two-thirds majority of the
Contracting States present and voting in the Legal Committee expanded as
provided for in paragraph 3 on condition that at least one-half of the
Contracting States shall be present at the time of voting.
5. When acting on a proposal to amend the limits, the Committee shall
take into account the experience of incidents and in particular the amount
of damage resulting therefrom and changes in the monetary values. It shall
also take into account the relationship between the limits in Article 4,
paragraph 4, of the Convention as amended by this Protocol and those in
Article V, paragraph 1 of the International Convention on Civil Liability
for Oil Pollution Damage, 1984.
6. (a) No amendment of the limits under this Article may be considered
less than five years from the date on which this Protocol was opened for
signature nor less than five years from the date of entry into force of a
previous amendment under this Article. No amendment under this Article
shall be considered before this Protocol has entered into force.
(b) No limit may be increased so as to exceed an amount which
corresponds to the limit laid down in the Convention as amended by this
Protocol increased by six per cent per year calculate on a compound basis
from the date on which this Protocol was opened for signature.
(c) No limit may be increased so as to exceed an amount which
corresponds to the limit laid down in the Convention as amended by this
Protocol multiplied by three.
7. Any amendment adopted in accordance with paragraph 4 shall be
notified by the Organization to all Contracting States. The amendment
shall be deemed to have been accepted at the end of a period of eighteen
months after the date of notification unless within that period not less
than one-quarter of the States that were Contracting States at the time of
the adoption of the amendment by the Committee have communicated to the
Organization that they do not accept the amendment in which case the
amendment is rejected and shall have no effect.
8. An amendment deemed to have been accepted in accordance with
paragraph 7 shall enter into force eighteen months after its acceptance.
9. All Contracting States shall be bound by the amendment, unless they
denounce this Protocol in accordance with Article 34, paragraphs 1 and 2,
at least six months before the amendment enters into force. Such
denunciation shall take effect when the amendment enters into force.
10. When an amendment has been adopted by the Committee but the
eighteen-month period for its acceptance has not yet expired, a State
which becomes a Contracting State during that period shall be bound by the
amendment if it enters into force. A State which becomes a Contracting
State after that period shall be bound by an amendment which has been
accepted in accordance with paragraph 7. In the cases referred to in this
paragraph a State becomes bound by an amendment when that amendment enters
into force, or when this Protocol enters into force for that State, if
later.
Article 34
Denunciation
1. This Protocol may be denounced by any Party at any time after the
date on which it enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General of the Organization.
3. A denunciation shall take effect twelve months, or such longer
period as may be specified in the instrument of denunciation, after its
deposit with the Secretary-General of the Organization.
4. Denunciation of the 1984 Liability Convention shall be deemed to be
a denunciation of this Protocol. Such denunciation shall take effect on
the date on which denunciation of the Protocol of 1984 to the 1969
Liability Convention takes effect according to Article 16 of that
Protocol.
5. Any Contracting State to this Protocol which has not denounced the
1971 Fund Convention and the 1969 Liability Convention as required by
Article 31 shall be deemed to have denounced this Protocol with effect
twelve months after the expiry of the six month period in that Article. As
from the date on which the denunciations provided for in Article 31 take
effect, any Party to this Protocol which deposits an instrument of
ratification, acceptance, approval or accession to the 1969 Liability
Convention shall be deemed to have denounced this Protocol with effect
from the date on which such instrument takes effect.
6. As between the Parties to this Protocol, denunciation by any of
them of the 1971 Fund Convention in accordance with Article 41 thereof
shall not be construed in any way as a denunciation of the 1971 Fund
Convention as amended by this Protocol.
7. Notwithstanding a denunciation of this Protocol by a Party pursuant
to this Article, any provisions of this Protocol relating to the
obligations to make contributions under Article 10 of the 1971 Fund
Convention as amended by this Protocol with respect to an incident
referred to in Article 12, paragraph 2(b), of that amended Convention and
occurring before the denunciation takes effect shall continue to apply.
Article 35
Extraordinary sessions of the Assembly
1. Any Contracting State may, within ninety days after the deposit of
an instrument of denunciation the result of which it considers will
significantly increase the level of contributions for the remaining
Contracting States, request the Director to convene an extraordinary
session of the Assembly. The Director shall convene an extraordinary
session of the Assembly. The Director shall convene the Assembly to meet
not later than sixty days after receipt of the request.
2. The Director may convene, on his own initiative, an extraordinary
session of the Assembly to meet within sixty days after the deposit of any
instrument of denunciation, if he considers that such denunciation will
result in a significant increase in the level of contributions of the
remaining Contracting States.
3. If the Assembly at an extraordinary session convened in accordance
with paragraph 1 or 2 decides that the denunciation will result in a
significant increase in the level of contributions for the remaining
Contracting States, any such State may, not later than one hundred and
twenty days before the date on which the denunciation takes effect,
denounce this Protocol with effect from the same date.
Article 36
Cessation
1. Any Protocol shall cease to be in force on the date when the number
of Contracting States falls below three.
2. States which are bound by this Protocol on the day before the date
it ceases to be in force shall enable the Fund to exercise its functions
as described under Article 37 of this Protocol and shall, for that purpose
only, remain bound by this Protocol.
Article 37
Winding up of the Fund
1. If this Protocol ceases to be in force, the Fund shall
nevertheless:
(a) meet its obligations in respect of any incident occurring
before the Protocol ceased to be in force;
(b) be entitled to exercise its rights to contributions to the
extent that these contributions are necessary to meet the obligations
under subparagraph (a), including expenses for the administration of the
Fund necessary for this purpose.
2. The Assembly shall take all appropriate measures to complete the
winding up of the Fund including the distribution in an equitable manner
of any remaining assets among those persons who have contributed to the
Fund.
3. For the purposes of this Article the Fund shall remain a legal
person.
Article 38
Depositary
1. This Protocol and any amendments accepted under Article 33 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 this
Protocol of:
(i) each new signature or deposit of an instrument together
with the date thereof;
(ii) each declaration and notification under Article 30
including declarations and withdrawals deemed to have been made in
accordance with that Article;
(iii) the date of entry into force of this Protocol;
(iv) the date by which denunciations provided for in Article
31 are required to be made;
(v) any proposal to amend limits of amounts of compensation
which has been made in accordance with Article 33, paragraph 1;
(vi) any amendment which has been adopted in accordance with
Article 33, paragraph 4;
(vii) any amendment deemed to have been accepted under Article
33, paragraph 7, together with the date on which that amendment shall
enter into force in accordance with paragraphs 8 and 9 of that Article;
(viii) the deposit of an instrument of denunciation of this
Protocol together with the date of deposit and the date on which it takes
effect;
(ix) any denunciation deemed to have been made under Article
34, paragraph 5;
(x) any communication called for by any Article in this
Protocol;
(b) transmit certified true copies of this Protocol to all
Signatory States and to all States which accede to the Protocol.
3. As soon as this Protocol enters 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 39
Languages
This Protocol is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each text being
equally authentic.
DONE at London this twenty-fifty day of May one thousand nine hundred
and eighty-four.
IN WITNESS WHEREOF the undersigned being duly authorized for that
purpose have signed this Protocol.
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