PROTOCOL OF 1984 TO AMEND THE INTERNATIONAL CONVENTION ON CIVILLIABILITY FOR OIL POLLUTION DAMAGE, 1969.
PROTOCOL OF 1984 TO AMEND THE INTERNATIONAL CONVENTION ON CIVILLIABILITY FOR OIL POLLUTION DAMAGE, 1969.
Whole document
THE STATES PARTIES TO THE PRESENT PROTOCOL,
CONSIDERING that it is desirable to amend the International Convention
on Civil Liability for Oil Pollution Damage, done at Brussels on 29
November 1969, to provide for improved scope and enhanced compensation,
RECOGNIZING that special provisions are necessary in connexion with
the introduction of corresponding amendments to the International
Convention on the Establishment of an International Fund for Compensation
for Oil Pollution Damage, 1971,
HAVE AGREED as follows:
Article 1
The Convention which the provisions of this Protocol amend is the
International Convention on Civil Liability for Oil Pollution Damage,
1969, hereinafter referred to as the "1969 Liability Convention". For
States Parties to the Protocol of 1976 to the 1969 Liability Convention,
such reference shall be deemed to include the 1969 Liability Convention as
amended by that Protocol.
Article 2
Article I of the 1969 Liability Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. "ship" means any sea-going vessel and seaborne craft of any
type whatsoever constructed or adapted for the carriage of oil in bulk as
cargo, provided that a ship capable of carrying oil and other cargoes
shall be regarded as a ship only when it is actually carrying oil in bulk
as cargo and during any voyage following such carriage unless it is proved
that it has no residues of such carriage of oil in bulk aboard.
2. Paragraph 5 is replaced by the following text:
5. "Oil" means any persistent hydrocarbon mineral oil such as
crude oil, fuel oil, heavy diesel oil and lubricating oil, whether
carried on board a ship as cargo or in the bunkers of such a ship.
3. Paragraph 6 is replaced by the following text:
6. "Pollution damage" means:
(a) loss or damage caused outside the ship by contamination
resulting from the escape or discharge of oil from the ship, wherever such
escape or discharge may occur, provided that compensation for impairment
of the environment other than loss of profit from such impairment shall be
limited to costs of reasonable measures of reinstatement actually
undertaken or to be undertaken:
(b) the costs of preventive measures and further loss or
damage caused by preventive measures.
4. Paragraph 8 is replaced by the following text:
8. "Incident" means any occurrence, or series of occurrences
having the same origin, which causes pollution damage or creates a grave
and imminent threat of causing such damage.
5. Paragraph 9 is replaced by the following text:
9. "Organization" means the International Maritime Organization.
6. After paragraph 9 a new paragraph is inserted reading as follows:
10. "1969 Liability Convention" means the International Convention
on Civil Liability for Oil Pollution Damage, 1969. For Parties to the
Protocol of 1976 to that Convention, the term shall be deemed to include
the 1969 Liability Convention as amended by that Protocol.
Article 3
Article II of the 1969 Liability 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 4
Article III of the 1969 Liability Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
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 the ship as a result of the
incident.
2. Paragraph 4 is replaced by the following text:
4. No claim for compensation for pollution damage may be made
against the owner otherwise than in accordance with this Convention.
Subject to paragraph 5 of this Article, no claim for compensation for
pollution damage under this Convention or otherwise may be made against:
(a) the servants or agents of the owner or the members of the
crew;
(b) the pilot or any other person who, without being a member
of the crew, performs services for the ship;
(c) any charterer (howsoever described, including a bareboat
charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent
of the owner or on the instructions of competent public authority;
(e) any person taking preventive measures;
(f) all servants or agents of persons mentioned in
subparagraphs (c), (d) and (e); unless the damage resulted from their
personal act or omission, committed with the intent to cause such damage,
or recklessly and with knowledge that such damage would probably result.
Article 5
Article IV of the 1969 Liability Convention is replaced by the
following text:
When an incident involving two or more ships occurs 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 6
Article V of the 1969 Liability Convention is amend as follows:
1. Paragraph 1 is replaced by the following text:
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 calculated as follows:
(a) 3 million units of account for a ship not exceeding 5 000
units of tonnage;
(b) for a ship with a tonnage in excess thereof, for each
additional unit of tonnage, 420 units of account in addition to the
amount mentioned in subparagraph (a); provided, however, that this
aggregate amount shall not in any event exceed 59.7 million units of
account.
2. Paragraph 2 is replaced by the following text:
2. The owner shall not be entitled to limit his liability under
this Convention if it is proved that the pollution damage resulted from
his personal act or omission, committed with the intent to cause such
damage, or recklessly and with knowledge that such damage would probably
result.
3. Paragraph 3 is replaced by the following text:
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 or, if no
action is brought, with any Court or other competent authority in any one
of the Contracting States in which an action can be 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 other competent authority.
4. 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 national currency 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 referred to in paragraph 3. 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 on the date in question for its operations and
transactions. 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) may, at the time of
ratification, acceptance, approval of or accession to this Convention or
at any time thereafter, declare that the unit of account referred to in
paragraph 9(a) shall be equal to 15 gold francs. The gold franc referred
to in this paragraph corresponds to sixty five and a half milligrams of
gold of millesimal fineness nine hundred. The conversion of the gold franc
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
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
would result from the application of the first three sentences of
paragraph 9 (a). 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 of ratification, acceptance, approval of or accession to this
Convention and whenever there is a change in either.
5. paragraph 10 is replaced by the following text:
10. For the purpose of this Article the ship's tonnage shall be
the gross tonnage calculated in accordance with the tonnage measurement
regulations contained in Annex I of the International Convention on
Tonnage Measurement of Ships, 1969.
6. The second sentence of paragraph 11 is replaced by the following
text:
Such a fund may be constituted even if, under the provisions of
paragraph 2, the owner is not entitled to limit his liability, but its
constitution shall in that case not prejudice the rights of any claimant
against the owner.
Article 7
Article VII of the 1969 Liability Convention is amended as follows:
1. The first two sentences of paragraph 2 are replaced by the
following text:
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 after the appropriate authority of a Contracting State
has determined that the requirements of paragraph 1 have been complied
with. With respect to a ship registered in a Contracting State such
certificate shall be issued or certified by the appropriate authority of
the State of the ship's registry; with respect to a ship not registered in
a Contracting State it may be issued or certified by the appropriate
authority of any Contracting State.
2. paragraph 4 is replaced by the following text:
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 or, if the ship is not registered in a Contracting State, with
the authorities of the State issuing or certifying the certificate.
3. The first sentence of paragraph 7 is replaced by the following
text:
Certificates issued or certified under the authority of a
Contracting State in accordance with paragraph 2 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, even if issued or certified in
respect of a ship not registered in a Contracting State.
4. In the second sentence of paragraph 7 the words "with the State of
a ship's registry" are replaced by the words "with the issuing or
certifying State".
5. The second sentence of paragraph 8 is replaced by the following
text:
In such case defendant may, even if the owner is not entitled to
limit his liability according to paragraph 2 of Article V, avail himself
of the limits of liability prescribed in Article V, paragraph 1.
Article 8
Article IX of the 1969 Liability Convention is amended as follows:
Paragraph 1 is replaced by the following text:
1. Where an incident has caused pollution damage in the territory,
including the territorial sea or an area referred to in Article II, 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 or area, 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.
Article 9
After Article XII of the 1969 Liability Convention two new Articles
are inserted as follows.
Article XII bis.
Transitional provisions
The following transitional provisions shall apply in the case of a
State which at the time of an incident is a Party both to this Convention
and to the 1969 Liability Convention:
(a) where an incident has caused pollution damage within the scope
of this Convention, liability under this Convention shall be deemed to be
discharged if, and to the extent that, it also arises under the 1969
Liability Convention;
(b) where an incident has caused pollution damage within the scope
of this Convention, and the State is a Party both to this Convention and
to the International Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage, 1971, liability remaining
to be discharged after the application of subparagraph (a) of this Article
shall arise under this Convention only to the extent that pollution damage
remains uncompensated after application of the said 1971 Convention;
(c) in the application of paragraph 4 of Article III of this
Convention the expression "this Convention" shall be interpreted as
referring to the Convention or the 1969 Liability Convention, as
appropriate;
(d) in the application of paragraph 3 of Article V of this
Convention the total sum of the fund to be constituted shall be reduced by
the amount by which liability has been deemed to be discharged in
accordance with subparagraph (a) of this Article.
Article XII ter
The final clauses of this Convention shall be Articles 12 to 19 of the
Protocol of 1984 to the 1969 Liability Convention. References in this
Convention to Contracting States shall be taken to mean references to the
Contracting States of that Protocol.
Article 10
The model of a certificate annexed to the 1969 Liability Convention is
replaced by the model annexed to this Protocol.
Article 11
1. The 1969 Liability Convention and this Protocol shall, as between
the Parties to this Protocol, be read and interpreted together as one
single instrument.
2. Article I to XII ter, including the model certificate, of the 1969
Liability Convention as amended by this Protocol shall be known as the
International Convention on Civil Liability for Oil Pollution Damage, 1984
(1984 Liability Convention).
FINAL CLAUSES
Article 12
Signature, ratification, etc.
1. This Protocol shall be open for signature at London from 1 December
1984 to 30 November 1985 by all States.
2. Subject to paragraph 4, any State may become a Party to this
Protocol by:
(a) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(b) accession.
3. 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.
4. Any Contracting State to 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, may
ratify, accept, approve or accede to this Protocol only if it ratifies,
accepts, approves or accedes to the Protocol of 1984 to that Convention at
the same time, unless it denounces the 1971 Fund Convention to take effect
on the date when this Protocol enters into force for that State.
5. A State which is a Party to this Protocol but not a Party to the
1969 Liability Convention shall be bound by the provisions of the 1969
Liability Convention as amended by this Protocol in relation to other
States Parties hereto, but shall not be bound by the provisions of the
1969 Liability Convention in relation to States Parties thereto.
6. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the 1969 Liability
Convention as amended by this Protocol shall be deemed to the Convention
so amended, as modified by such amendment.
Article 13
Entry into force
1. This Protocol shall enter into force twelve months following the
date on which ten States including six States each with not less than one
million units of gross tanker tonnage have deposited instruments of
ratification, acceptance, approval or accession with the Secretary-General
of the Organization.
2. However, any Contracting State to the 1971 Fund Convention 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 be deemed not to be effective for the purposes of this
Article until the end of the six-month period in Article 31 of the
Protocol of 1984 to the 1971 Fund Convention. A State which is not a
Contracting State to the 1971 Fund Convention but which deposits an
instrument of ratification, acceptance, approval or accession in respect
of the Protocol of 1984 to the 1971 Fund Convention may also make a
declaration in accordance with this paragraph at the same time.
3. Any State which has made a declaration in accordance with the
preceding paragraph may withdraw it at any time by means of notification
addressed to the Secretary-General of the Organization. Any such
withdrawal shall take effect on the date the notification is received,
provided that such State shall be deemed to have deposited its instrument
of ratification, acceptance, approval or accession in respect of this
Protocol on that date.
4. For any State which ratifies, accepts, approves or accedes to it
after the conditions in paragraph 1 for entry into force have been met,
this Protocol shall enter into force twelve months following the date of
deposit by such State of the appropriate instrument.
Article 14
Revision and amendment
1. A Conference for the purpose of revising or amending the 1984
Liability 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 Liability Convention at
the request of not less than one-third of the Contracting States.
Article 15
Amendments of limitation amounts
1. upon the request of at least one-quarter of the Contracting States
any proposal to amend the limits of liability laid down in paragraph 1 of
Article V 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 Members 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, changes in the monetary values and the
effect of the proposed amendment on the cost of insurance. It shall also
take into account the relationship between the limits in paragraph 1 of
Article V of the Convention as amended by this Protocol and those in
paragraph 4 of Article 4 of the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution
Damage, 1984.
6(a). No amendment of the limits of liability 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 6 per cent per year calculated 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 3.
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 paragraphs 1 and 2 of Article 16
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 16
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. As between the Parties to this Protocol, denunciation by any of
them of the 1969 Liability Convention in accordance with Article XVI
thereof shall not be construed in any way as a denunciation of the 1969
Liability Convention as amended by this Protocol.
5. Denunciation of the Protocol of 1984 to the 1971 Fund Convention by
a State which remains a Party to the 1971 Fund 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 1971 Fund
Convention takes effect according to Article 32 of that Protocol.
Article 17
Depositary
1. This Protocol and any amendments accepted under Article 15 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 13 and
each declaration and communication under Article V, paragraph 9, of the
1984 Liability Convention;
(iii) the date of entry into force of this Protocol;
(iv) any proposal to amend limits of liability which has been
made in accordance with Article 15, paragraph 1;
(v) any amendment which has been adopted in accordance with
Article 15, paragraph 4;
(vi) any amendment deemed to have been accepted under Article
15, paragraph 7, together with the date on which that amendment shall
enter into force in accordance with paragraphs 8 and 9 of that Article;
(vii) the deposit of any instrument of denunciation of this
Protocol together with the date of the deposit and the date on which it
takes effect;
(viii) any denunciation deemed to have been made under Article
16, paragraph 5;
(ix) any communications called for by any Article of this
Protocol.
(b) transmit certified true copies of this Protocol all Signatory
States and to all States which accede to this 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 18
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-fifth day of May one thousand nine hundred
and eighty-four.
IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments for that purpose, have signed this Protocol.
ANNEX: CERTIFICATE OF INSURANCE OR OTHER FINANCIA SECURITY INRESPECT OF CIVIL LIABILITY FOR OIL POL LUTION DAMAGE
Issued in accordance with the provisions of Article VII of the
International Convention on Civil Liability for Oil Pollution Damage,
1984.
|------------------
| Name of | Distinctive | Port of | Name and |
| Number of | Address of |
| Ship | Letters | Registry | 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, 1984.
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 official
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 Security" must stipulate the date on which
such security takes effect.
lution damage within the scope
of this Convention, liability under this Convention shall be deemed to be
discharged if, and to the extent that, it also arises under the 1969
Liability Convention;
(b) where an incident has caused pollution damage within the scope
of this Convention, and the State is a Party both to this Convention and
to the International Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage, 1971, liability remaining
to be discharged after the application of subparagraph (a) of this Article
shall arise under this Convention only to the extent that pollution damage
remains uncompensated after application of the said 1971 Convention;
(c) in the application of paragraph 4 of Article III of this
Convention the expression "this Convention" shall be interpreted as
referring to the Convention or the 1969 Liability Convention, as
appropriate;
(d) in the application of paragraph 3 of Article V of this
Convention the total sum of the fund to be constituted shall be reduced by
the amount by which liability has been deemed to be discharged in
accordance with subparagraph (a) of this Article.
Article XII ter
The final clauses of this Convention shall be Articles 12 to 19 of the
Protocol of 1984 to the 1969 Liability Convention. References in this
Convention to Contracting States shall be taken to mean references to the
Contracting States of that Protocol.
Article 10
The model of a certificate annexed to the 1969 Liability Convention is
replaced by the model annexed to this Protocol.
Article 11
1. The 1969 Liability Convention and this Protocol shall, as between
the Parties to this Protocol, be read and interpreted together as one
single instrument.
2. Article I to XII ter, including the model certificate, of the 1969
Liability Convention as amended by this Protocol shall be known as the
International Convention on Civil Liability for Oil Pollution Damage, 1984
(1984 Liability Convention).
FINAL CLAUSES
Article 12
Signature, ratification, etc.
1. This Protocol shall be open for signature at London from 1 December
1984 to 30 November 1985 by all States.
2. Subject to paragraph 4, any State may become a Party to this
Protocol by:
(a) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(b) accession.
3. 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.
4. Any Contracting State to 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, may
ratify, accept, approve or accede to this Protocol only if it ratifies,
accepts, approves or accedes to the Protocol of 1984 to that Convention at
the same time, unless it denounces the 1971 Fund Convention to take effect
on the date when this Protocol enters into force for that State.
5. A State which is a Party to this Protocol but not a Party to the
1969 Liability Convention shall be bound by the provisions of the 1969
Liability Convention as amended by this Protocol in relation to other
States Parties hereto, but shall not be bound by the provisions of the
1969 Liability Convention in relation to States Parties thereto.
6. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the 1969 Liability
Convention as amended by this Protocol shall be deemed to the Convention
so amended, as modified by such amendment.
Article 13
Entry into force
1. This Protocol shall enter into force twelve months following the
date on which ten States including six States each with not less than one
million units of gross tanker tonnage have deposited instruments of
ratification, acceptance, approval or accession with the Secretary-General
of the Organization.
2. However, any Contracting State to the 1971 Fund Convention 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 be deemed not to be effective for the purposes of this
Article until the end of the six-month period in Article 31 of the
Protocol of 1984 to the 1971 Fund Convention. A State which is not a
Contracting State to the 1971 Fund Convention but which deposits an
instrument of ratification, acceptance, approval or accession in respect
of the Protocol of 1984 to the 1971 Fund Convention may also make a
declaration in accordance with this paragraph at the same time.
3. Any State which has made a declaration in accordance with the
preceding paragraph may withdraw it at any time by means of notification
addressed to the Secretary-General of the Organization. Any such
withdrawal shall take effect on the date the notification is received,
provided that such State shall be deemed to have deposited its instrument
of ratification, acceptance, approval or accession in respect of this
Protocol on that date.
4. For any State which ratifies, accepts, approves or accedes to it
after the conditions in paragraph 1 for entry into force have been met,
this Protocol shall enter into force twelve months following the date of
deposit by such State of the appropriate instrument.
Article 14
Revision and amendment
1. A Conference for the purpose of revising or amending the 1984
Liability 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 Liability Convention at
the request of not less than one-third of the Contracting States.
Article 15
Amendments of limitation amounts
1. upon the request of at least one-quarter of the Contracting States
any proposal to amend the limits of liability laid down in paragraph 1 of
Article V 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 Members 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, changes in the monetary values and the
effect of the proposed amendment on the cost of insurance. It shall also
take into account the relationship between the limits in paragraph 1 of
Article V of the Convention as amended by this Protocol and those in
paragraph 4 of Article 4 of the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution
Damage, 1984.
6(a). No amendment of the limits of liability 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 6 per cent per year calculated 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 3.
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 paragraphs 1 and 2 of Article 16
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 16
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. As between the Parties to this Protocol, denunciation by any of
them of the 1969 Liability Convention in accordance with Article XVI
thereof shall not be construed in any way as a denunciation of the 1969
Liability Convention as amended by this Protocol.
5. Denunciation of the Protocol of 1984 to the 1971 Fund Convention by
a State which remains a Party to the 1971 Fund 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 1971 Fund
Convention takes effect according to Article 32 of that Protocol.
Article 17
Depositary
1. This Protocol and any amendments accepted under Article 15 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 13 and
each declaration and communication under Article V, paragraph 9, of the
1984 Liability Convention;
(iii) the date of entry into force of this Protocol;
(iv) any proposal to amend limits of liability which has been
made in accordance with Article 15, paragraph 1;
(v) any amendment which has been adopted in accordance with
Article 15, paragraph 4;
(vi) any amendment deemed to have been accepted under Article
15, paragraph 7, together with the date on which that amendment shall
enter into force in accordance with paragraphs 8 and 9 of that Article;
(vii) the deposit of any instrument of denunciation of this
Protocol together with the date of the deposit and the date on which it
takes effect;
(viii) any denunciation deemed to have been made under Article
16, paragraph 5;
(ix) any communications called for by any Article of this
Protocol.
(b) transmit certified true copies of this Protocol all Signatory
States and to all States which accede to this 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 18
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-fifth day of May one thousand nine hundred
and eighty-four.
IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments for that purpose, have signed this Protocol.
ANNEX: CERTIFICATE OF INSURANCE OR OTHER FINANCIA SECURITY INRESPECT OF CIVIL LIABILITY FOR OIL POL LUTION DAMAGE
Issued in accordance with the provisions of Article VII of the
International Convention on Civil Liability for Oil Pollution Damage,
1984.
|------------------
| Name of | Distinctive | Port of | Name and |
| Number of | Address of |
| Ship | Letters | Registry | 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, 1984.
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 official
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 Security" must stipulate the date on which
such security takes effect.
|