Convention
on the prevention of marine pollution by dumping of wastes and other matter
(London,
Mexico City, Moscow and Washington, 29 December 1972)
Preamble
The
Contracting Parties to this Convention
Recognizing
that the marine environment and the living organisms which it supports are
of vital importance to humanity, and all people have an interest in assuring
that it is so managed that its quality and resources are not impaired;
Recognizing
that the capacity of the sea to assimilate wastes and render them harmless,
and its ability to regenerate natural resources, is not unlimited; Recognizing
that States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their
own resources pursuant to their own environmental policies, and the responsibility
to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of
national jurisdiction;
Recalling
Resolution 2749 (XXV) of the General Assembly of the United Nations on the
principles governing the sea-bed and the ocean floor and the subsoil thereof,
beyond the limits of national jurisdiction;
Noting
that marine pollution originates in many sources, such as dumping and discharges
through the atmosphere, rivers, estuaries, outfalls and pipelines, and that
it is important that States use the best practicable means to prevent such
pollution and develop products and processes which will reduce the amount
of harmful wastes to be disposed of;
Being
convinced that international action to control the pollution of the sea by
dumping can and must be taken without delay but that this action should not
preclude discussion of measures to control other sources of marine pollution
as soon as possible and;
Wishing
to improve protection of the marine environment by encouraging States with
a common interest in particular geographical areas to enter into appropriate
agreements supplementary to this Convention;
Have
agreed as follows:
Article
1
Contracting
Parties shall individually and collectively promote the effective control
of all sources of pollution of the marine environment, and pledge themselves
especially to take all practicable steps to prevent the pollution of the sea
by the dumping of waste and other matter that is liable to create hazards
to human health, to harm living resources and marine life, to damage amenities
or to interfere with other legitimate uses of the sea.
Article
2
Contracting
Parties shall, as provided for in the following Articles, take effective measures
individually, according to their scientific, technical and economic capabilities,
and collectively, to prevent marine pollution caused by dumping and shall
harmonize their policies in this regard.
Article
3
For
the purpose of this Convention:
1.
a. "Dumping" means:
(i)
any deliberate disposal at sea of wastes or other matter from vessels, aircraft,
platforms or other man-made structures at sea;
(ii)
any deliberate disposal at sea of vessels, aircraft, platforms or other man-made
structures at sea;
b.
"Dumping" does not include:
(i)
the disposal at sea of wastes or other matter incidental to, or derived from
the normal operations of vessels, aircraft, platforms or other man-made structures
at sea and their equipment, other than wastes or other matter transported
by or to vessels, aircraft, platforms or other man-made structures at sea,
operating for the purpose of disposal of such matter or derived from the treatment
of such wastes or other matter on such vessels, aircraft, platforms or structures;
(ii)
placement of matter for a purpose other than the mere disposal thereof, provided
that such placement is not contrary to the aims of this convention.
c.
The disposal of wastes or other matter directly arising from, or related to
the exploration, exploitation and associated off-shore processing of seabed
mineral resources will not be covered by the provisions of this Convention.
2.
"Vessels and aircraft" means waterborne or airborne craft of any type whatsoever.
This expression includes air cushioned craft and floating craft, whether self-propelled
or not.
3.
"Sea" means all marine waters other than the internal waters of States.
4.
"Wastes or other matter" means material and substance of any kind, form or
description.
5.
"Special permit" means permission granted specifically on application in advance
and in accordance with Annex II and Annex III.
6.
"General permit" means permission granted in advance and in accordance with
Annex III.
7.
"The Organisation" means the organisation designated by the Contracting Parties
in accordance with Article 14.2.
Article
4
1.
In accordance with the provisions of this Convention, Contracting Parties
shall prohibit the dumping of any wastes or other matter in whatever form
or condition except as otherwise specified below:
a.
the dumping of wastes or other matter listed in Annex I is prohibited;
b.
the dumping of wastes or other matter listed in Annex II requires a prior
special permit;
c.
the dumping of all other wastes or matter requires a prior general permit.
2.
Any permit shall be issued only after careful consideration of all the factors
set forth in Annex III, including prior studies of the characteristics of
the dumping site, as set forth in Sections B and C of that Annex.
3.
No provision of this Convention is to be interpreted as preventing a Contracting
Party from prohibiting, insofar as that Party is concerned, the dumping of
wastes or other matter not mentioned in Annex I. That Party shall notify such
measures to the Organisation.
Article
5
1.
The provisions of Article 4 shall not apply when it is necessary to secure
the safety of human life or of vessels, aircraft, platforms or other man-made
structures at sea in cases of force majeure caused by stress of weather, or
in any case which constitutes a danger to human life or a real threat to vessels,
aircraft, platforms or other man-made structures at sea, if dumping appears
to be the only way of averting the threat and if there is every probability
that the damage consequent upon such dumping will be less than would otherwise
occur. Such dumping shall be so conducted as to minimize the likelihood of
damage to human or marine life and shall be reported forthwith to the Organisation.
2.
A Contracting Party may issue a special permit as an exception to Article
4.1.a, in emergencies, posing unacceptable risk relating to human health and
admitting no other feasible solution. Before doing so the Party shall consult
any other country or countries that are likely to be affected and the Organisation
which, after consulting other Parties, and international organizations as
appropriate, shall, in accordance with Article 14 promptly recommended to
the Party the most appropriate procedures to adopt. The Party shall follow
these recommendations to the maximum extent feasible consistent with the time
within which action must be taken and with the general obligation to avoid
damage to the marine environment and shall inform the Organisation of the
action it takes. The Parties pledge themselves to assist one another in such
situations.
3.
Any Contracting Party may waive its rights under paragraph 2 at the time of,
or subsequent to ratification of, or accession to this Convention.
Article
6
1.
Each Contracting Party shall designate an appropriate authority or authorities
to:
a.
issue special permits which shall be required prior to, and for the dumping
of matter listed in Annex II and in the circumstances provided for in Article
5.2;
b.
issue general permits which shall be required prior to, and for the dumping
of all other matter;
c.
keep records of the nature and quantities of all matter permitted to be dumped
and the location, time and method of dumping;
d.
monitor individually, or in collaboration with other Parties and competent
international organisations, the condition of the seas for the purposes of
this Convention.
2.
The appropriate authority or authorities of a Contracting Party shall issue
prior special or general permits in accordance with paragraph 1 in respect
of matter intended for dumping:
a.
loaded in its territory;
b.
loaded by a vessel or aircraft registered in its territory or flying its flag,
when the loading occurs in the territory of a State not party to this Convention.
3.
In issuing permits under sub-paragraphs 1.a and b above, the appropriate authority
or authorities shall comply with Annex III, together with such additional
criteria, measures and requirements as they may consider relevant.
4.
Each Contracting Party, directly or through a Secretariat established under
a regional agreement, shall report to the Organisation, and where appropriate
to other Parties, the information specified in sub-paragraphs c and d of paragraph
1 above, and the criteria, measures and requirements it adopts in accordance
with paragraph 3 above. The procedure to be followed and the nature of such
reports shall be agreed by the Parties in consultation.
Article
7
1.
Each Contracting Party shall apply the measures required to implement the
present Convention to all:
a.
vessels and aircraft registered in its territory or flying its flag;
b.
vessels and aircraft loading in its territory or territorial seas matter which
is to be dumped;
c.
vessels and aircraft and fixed or floating platforms under its jurisdiction
believed to be engaged in dumping.
2.
Each Party shall take in its territory appropriate measures to prevent and
punish conduct in contravention of the provisions of this Convention.
3.
The Parties agree to co-operate in the development of procedures for the effective
application of this Convention particularly on the high seas, including procedures
for the reporting of vessels and aircraft observed dumping in contravention
of the Convention.
4.
This Convention shall not apply to those vessels and aircraft entitled to
sovereign immunity under international law. However each Party shall ensure
by the adoption of appropriate measures that such vessels and aircraft owned
or operated by it act in a manner consistent with the object and purpose of
this Convention, and shall inform the Organisation accordingly.
5.
Nothing in this Convention shall affect the right of each Party to adopt other
measures, in accordance with the principles of international law, to prevent
dumping at sea.
Article
8
In
order to further the objectives of this Convention, the Contracting Parties
with common interests to protect the marine environment in a given geographical
area shall endeavour, taking into account characteristic regional features,
to enter into regional agreements consistent with this Convention for the
prevention of pollution, especially by dumping. The Contracting Parties to
the present Convention shall endeavour to act consistently with the objectives
and provisions of such regional agreements, which shall be notified to them
by the Organisation. Contracting Parties shall seek to co-operate with the
Parties to regional agreements in order to develop harmonized procedures to
be followed by Contracting Parties to the different conventions concerned.
Special attention shall be given to co-operation in the field of monitoring
and scientific research.
Article
9
The
Contracting Parties shall promote, through collaboration within the organisation
and other international bodies, support for those Parties which request it
for:
a.
the training of scientific and technical personnel;
b.
the supply of necessary equipment and facilities for research and monitoring;
c.
the disposal and treatment of waste and other measures to prevent or mitigate
pollution caused by dumping; preferably within the countries concerned, so
furthering the aims and purposes of this Convention.
Article
10
In
accordance with the principles of international law regarding State responsibility
for damage to the environment of other State or to any other area of the environment,
caused by dumping of wastes and other matter of all kinds, the Contracting
Parties undertake to develop procedures for the assessment of liability and
the settlement of disputes regarding dumping.
Article
11
The
Contracting Parties shall at their first consultative meeting consider procedures
for the settlement of disputes concerning the interpretation and application
of this Convention.
Article
12
The
Contracting Parties pledge themselves to promote, within the competent specialized
agencies and other international bodies, measures to protect the marine environment
against pollution caused by:
a.
hydrocarbons, including oil, and their wastes;
b.
other noxious or hazardous matter transported by vessels for purposes other
than dumping;
c.
wastes generated in the course of operation of vessels, aircraft, platforms
and other man-made structures at sea;
d.
radio-active pollutants from all sources, including vessels;
e.
agents of chemical and biological warfare;
f.
wastes or other matter directly arising from, or related to the exploration,
exploitation and associated off-shore processing of sea-bed mineral resources.
The
Parties will also promote, within the appropriate international organisation,
the codification of signals to be used by vessels engaged in dumping.
Article
13
Nothing
in this Convention shall prejudice the codification and development of the
law of the sea by the United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly of the United
Nations nor the present or future claims and legal views of any State concerning
the law of the sea and the nature and the extent of coastal and flag State
jurisdiction. The Contracting Parties agree to consult at a meeting to be
convened by the Organisation after the Law of the Sea Conference, and in any
case not later than 1976, with a view to defining the nature and extent of
the right and the responsibility of a coastal State to apply the Convention
in a zone adjacent to its coast.
Article
14
1.
The Government of the United Kingdom of Great Britain and Northern Ireland
as a depository shall call a meeting of the Contracting Parties not later
than three months after the entry into force of this Convention to decide
on organisational matters.
2.
The Contracting Parties shall designate a competent Organisation existing
at the time of that meeting to be responsible for Secretariat duties in relation
to this Convention. Any Party to this Convention not being a member of this
Organisation shall make an appropriate contribution to the expense incurred
by the Organisation in performing these duties.
3.
The Secretariat duties of the Organisation shall include:
a.
the convening of consultative meetings of the Contracting Parties not less
frequently than once every two years and of special meetings of the Parties
at any time on the request of two-thirds of the Parties;
b.
preparing and assisting, in consultation with the Contracting Parties and
appropriate International Organisations, in the development and im-plementation
of procedures referred to in sub-paragraph 4.e of this Article.
c.
considering inquiries by, and information from the Contracting Parties, consulting
with them and with the appropriate International Organisations, and providing
recommendations to the Parties on questions related to, but not specifically
covered by the Convention;
d.
conveying to the Parties concerned all notifications received by the Organisations
in accordance with Articles 4.3, 5.1 and 2, 6.4, 15, 20 and 21.
Prior to the designation of the Organisation these functions shall, as necessary,
be performed by the depositary, who for this purpose shall be the Government
of the United Kingdom of Great Britain and Northern Ireland.
4.
Consultative or special meetings of the Contracting Parties shall keep under
continuing review the implementation of this Convention and may, inter alia:
a.
review and adopt amendments to this Convention and its Annexes in accordance
with Article 15;
b.
invite the appropriate scientific body or bodies to collaborate with and to
advise the Parties or the Organisation on any scientific or technical aspect
relevant to this Convention, including particularly the content of the Annexes;
c.
receive and consider reports made pursuant to Article 6.4;
d.
promote co-operation with and between regional organisations concerned with
the prevention of marine pollution;
e.
develop or adopt, in consultation with appropriate International Organisations,
procedures referred to in Article 5.2, including basic criteria for determining
exceptional and emergency situations, and procedures for consultative advice
and the safe disposal of matter in such circumstances, including the designation
of appropriate dumping areas, and recommended accordingly;
f.
consider any additional action that may be required.
5.
The Contracting Parties at their consultative meeting shall establish rules
of procedure as necessary.
Article
15
1.
a. At meetings of the Contracting Parties called in accordance with Article
14 amendments to this Convention may be adopted by a two-thirds majority of
those present. An amendment shall enter into force for the Parties which have
accepted it on the sixtieth day after two-thirds of the Parties shall have
deposited an instrument of acceptance of the amendment with the Organisation.
Thereafter the amendment shall enter into force for any Party 30 days after
that Party deposits its instrument of acceptance of the amendment.
b.
The Organisation shall inform all Contracting Parties of any requests made
for a special meeting under Article 14 and of any amendments adopted at meetings
of the Parties and of the date on which each such amendment enters into force
for each Party.
2.
Amendments to the Annexes will be based on scientific or technical considerations.
Amendments to the Annexes approved by a two-thirds majority of those present
at a meeting called in accordance with Article 14 shall enter into force for
each Contracting Party immediately on notification of its acceptance to the
Organisation and 100 days after approval by the meeting for all other Parties
except for those which before the end of the 100 days make a declaration that
they are not able to accept the amendment at that time. Parties should endeavour
to signify their acceptance of an amendment to the Organisation as soon as
possible after approval at a meeting. A Party may at any time substitute an
acceptance for a previous declaration of objection and the amendment previously
objected to shall thereupon enter into force for that Party.
3.
An acceptance or declaration of objection under this Article shall be made
by the deposit of an instrument with the Organisation. The Organisation shall
notify all Contracting Parties of the receipt of such instruments.
4.
Prior to the designation of the Organisation, the Secretariat functions herein
attributed to it, shall be performed temporarily by the Government of the
United Kingdom of Great Britain and Northern Ireland, as one of the depositaries
of this Convention.
Article
16
This
Convention shall be open for signature by any State at London, Mexico City,
Moscow and Washington from 29 December 1972 until 31 December 1973.
Article
17
This
Convention shall be subject to ratification. The instruments of ratification
shall be deposited with the Governments of Mexico, Union of Soviet Socialist
Republics, United Kingdom of Great Britain and Northern Ireland, and the United
States of America.
Article
18
After
31 December 1973, this Convention shall be open for accession by any State.
The instruments of accession shall be deposited with the Governments of Mexico,
the Union of Soviet Socialist Republics, the United Kingdom of Great Britain
and Northern Ireland, and the United States of America.
Article
19
1.
This Convention shall enter into force on the thirtieth day following the
date of deposit of the fifteenth instrument of ratification or accession.
2.
For each Contracting Party ratifying or acceding to the Convention after the
deposit of the fifteenth instrument of ratification or accession, the Convention
shall enter into force on the thirtieth day after deposit by such Party of
its instrument of ratification or accession.
Article
20
The
depositaries shall inform Contracting Parties:
a.
of signature to this Convention and of the deposit of instruments of ratification,
accession or withdrawal, in accordance with Articles 16, 17, 18 and 21; and
b.
of the date on which this Convention will enter into force, in accordance
with Article 19.
Article
21
Any
Contracting Party may withdraw from this Convention by giving six months'
notice in writing to a depositary, which shall promptly inform all Parties
of such notice.
Article
22
The
origin of this Convention, of which the English, French, Russian and Spanish
texts are equally authentic, shall be deposited with the Governments of Mexico,
the Union of Soviet Socialist Republics, the United Kingdom of Great Britain
and Northern Ireland, and the United States of America who shall send certified
copies thereof to all States.
International
convention on the establishment of an international fund for compensation
for oil pollution damage
(Brussels,
18 December 1971)
The
States Parties to the present Convention,
Being
Parties to the International Convention on Civil Liability for Oil Pollution
Damage, adopted at Brussels on 29 November 1969, Conscious of the dangers
of pollution posed by the world-wide maritime carriage of oil in bulk,
Convinced
of the need to ensure that adequate compensation is available to persons who
suffer damage caused by pollution resulting from the escape or discharge of
oil from ships,
Considering
that the International Convention of 29 November 1969, on Civil Liability
for Oil Pollution Damage, by providing a regime for compensation for pollution
damage in Contracting States and for the costs of measures, wherever taken,
to prevent or minimize such damage, represent a considerable progress towards
the achievements of this aim,
Considering
however that this regime does not afford full compensation for victims of
oil pollution damage in all cases while it imposes an additional financial
burden on ship owners,
Considering
further that the economic consequences of oil pollution damage resulting from
the escape or discharge of oil carried in bulk at sea by ships should not
exclusively be borne by the shipping industry but should in part be borne
by the oil cargo interests,
Convinced
of the need to elaborate a compensation and indemnification system supplementary
to the International Convention on Civil Liability for Oil Pollution Damage
with a view to ensuring that full compensation will be available to victims
of oil pollution incidents and that the ship-owners are at the same time given
relief in respect of the additional financial burdens imposed on them by the
said Convention,
Taking
note of the Resolution on the Establishment of an International Compensation
Fund for Oil Pollution Damage which was adopted on 29 November 1969 by the
International Legal Conference on Marine Pollution Damage,
Have
agreed as follows:
General
Provisions
Article
1
For
the purpose of this Convention
1.
"Liability Convention" means the International Convention on Civil Liability
for Oil Pollution Damage, adopted at Brussels on 29 November 1969.
2.
"Ship", Person", "Owner", "Oil", "Pollution", "Preventive Measures", "Incident",
and "Organization", have the same meaning as in Article I of the Liability
Convention, provided however that, for the purposes of these terms, "oil"
shall be confined to persistent hydrocarbon mineral oils.
3.
"Contributing Oil" means crude oil and fuel oil as defined in sub-paragraphs
(a) and (b) below:
(a)
"Crude Oil" means any liquid hydrocarbon mixture occurring naturally in the
earth whether or not treated to render it suitable for transportation. It
also includes crude oils from which certain distillate fractions have been
removed (sometimes referred to as "topped crudes") or to which certain distillate
fractions have been added (sometimes referred to as "spiked" or "reconstituted"
crudes).
(b)
"Fuel Oil" means heavy distillates or residues from crude oil or blends of
such materials intended for use as a fuel for the production of heat or power
of a quality equivalent to the "American Society for Testing and Materials"
Specification for Number Four Fuel Oil (Designation D 396-69), or heavier.
4.
"Franc" means the unit referred to in Article V, paragraph 9, of the Liability
Convention.
5.
"Ship's tonnage" has the same meaning as in Article V, paragraph 10, of the
Liability Convention.
6.
"Ton", in relation to oil, means a metric ton.
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 Liability Convention.
8.
"Terminal Installation" means any site for the storage of oil in bulk which
is capable of receiving oil from waterborne transportation, including any
facility situated off-shore and linked to such site.
9.
Where an incident consists of a series of occurrences, it shall be treated
as having occurred on the date of the first such occurrence.
Article
2
1.
An International Fund for compensation for pollution damage, to be named "The
International Oil Pollution Compensation Fund" 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 Liability Convention is inadequate;
(b)
to give relief to ship owners in respect of the additional financial burden
imposed on them by the Liability Convention, such relief being subject to
conditions designated to insure compliance with safety at sea and other conventions;
(c)
to give effect to the related purposes set out in this Convention.
2.
The Fund shall in each Contracting State be recognized as a legal person capable
under the laws of that State of assuming rights and obligations and of being
a party in legal proceedings before the courts of that State. Each Contracting
State shall recognize the Director of the Fund (hereinafter referred to as
"The Director") as the legal representative of the Fund.
Article
3
This
Convention shall apply:
1.
With regard to compensation according to Article 4, exclusively to pollution
damage caused on the territory including the territorial sea of a Contracting
State, and to preventive measures taken to prevent or minimize such damage;
2.
With regard to indemnification of ship owners and their guarantors according
to Article 5, exclusively in respect of pollution damage caused on the territory
including the territorial sea of a State party to the Liability Convention,
by a ship registered in or flying the flag of a Contracting State and in respect
of preventive measures taken to prevent or minimize such damage.
Compensation
and Indemnification
Article
4
1.
For the purpose of fulfilling its function under Article 2, paragraph 1 (a),
the Fund shall pay compensation to any person suffering pollution damage if
such person has been unable to obtain full and adequate compensation for the
damage under the terms of the Liability Convention,
(a)
because no liability for the damage arises under the Liability Convention;
(b)
because the owner liable for the damage under the Liability Convention is
financially incapable of meeting his obligations in full and any financial
security that may be provided under Article VII of that Convention does not
cover or is insufficient to satisfy the claims for compensation for the damage;
an owner being treated as financially incapable of meeting his obligations
and a financial security being treated as insufficient if the person suffering
the damage has been unable to obtain full satisfaction of the amount of compensation
due under the Liability Convention after having taken all reasonable steps
to pursue the legal remedies available to him;
(c)
because the damage exceeds the owner's liability under the Liability Convention
as limited pursuant to Article V, paragraph 1, of that Convention or under
the terms of any other international Convention in force or open for signature,
ratification or accession at the date of this Convention. Expenses reasonably
incurred or sacrifices reasonably made by the owner voluntarily to prevent
or minimize pollution damage shall be treated as pollution damage for the
purposes of this Article.
2.
The Fund shall incur no obligation under the preceding paragraph if:
(a)
it proves that the pollution damage resulted from an act of war, hostilities,
civil war or insurrection or was caused by oil which has escaped or been discharged
from a warship or other ship owned or operated by a State and used, at the
time of the incident, only on Government non-commercial service; or
(b)
the claimant cannot prove that the damage resulted from an incident involving
one or more ships.
3.
If the Fund proves that the pollution damage resulted wholly or partially
either from an act or omission done with intent to cause damage by the person
who suffered the damage or from the negligence of that person, the Fund may
be exonerated wholly or partially from its obligation to pay compensation
to such person provided, however, that there shall be such exoneration with
regard to such preventive measures which are compensated under paragraph 1.
The Fund shall in any event be exonerated to the extent that the ship owner
may have been exonerated under Article III, paragraph 3, of the Liability
Convention.
4.
(a) Except as otherwise provided in sub-paragraph (b) 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 Liability Convention
for pollution damage caused in the territory of the Contracting States, including
any sums in respect of which the Fund is under an obligation to indemnify
the owner pursuant to Article 5, paragraph 1, of this Convention, shall not
exceed 450 million francs.
(b)
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 450 million francs.
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
the Liability Convention and this Convention shall be the same for all claimants.
6.
The Assembly of the Fund (hereinafter referred to as "the Assembly") may,
having regard to the experience of incidents which have occurred and in particular
the amount of damage resulting therefrom and to changes in the monetary values,
decide that the amount of 450 million francs referred to in paragraph 4, sub
paragraphs (a) and (b), shall be changed; provided, however, that this amount
shall in no case exceed 900 million francs or be lower than 450 million francs.
The changed amount shall apply to incidents which occur after the date of
the decision effecting the change.
7.
The Fund shall, at the request of a Contracting State, use its good offices
as necessary to assist that State to secure promptly such personnel, material
and services as are necessary to enable the State to take measures to prevent
or mitigate pollution damage arising from an incident in respect of which
the Fund may be called upon to pay compensation under this Convention.
8.
The Fund may on conditions to be laid down in the Internal Regulations provide
credit facilities with a view to the taking of preventive measures against
pollution damage arising from a particular incident in respect of which the
Fund may be called upon to pay compensation under this Convention.
Article
5
1.
For the purpose of fulfilling its function under Article 2 paragraph 1 (b),
the Fund shall indemnify the owner and his guarantor for that portion of the
aggregate amount of liability under the Liability Convention which:
(a)
is it excess of amount equivalent to 1,500 francs for each ton of the ship's
tonnage or of an amount of 125 million francs, whichever is the less, and
(b)
is not in excess of an amount equivalent to 2,000 francs for each ton of the
said tonnage or an amount of 210 million francs, whichever is the less, provided,
however, that the Fund shall incur no obligation under this paragraph where
the pollution damage resulted from the willful misconduct of the owner himself.
2.
The Assembly may decide that the Fund shall, on conditions to be laid down
in the Internal Regulations, assume the obligations of a guarantor in respect
of ships referred to in Article 3, paragraph 2, with regard to the portion
of liability referred to in paragraph 1 of this Article. However, the Fund
shall assume such obligations only if the owner so requests and if he maintains
adequate insurance or other financial security covering the owner's liability
under the Liability Convention up to an amount equivalent to 1,500 francs
for each ton of the ship's tonnage or an amount of 125 million francs, whichever
is the less. If the Fund assumes such obligations, the owner shall in each
Contracting State be considered to have complied with Article VII of the Liability
Convention in respect of the portion of his liability mentioned above.
3.
The Fund may be exonerated wholly or partially from its obligations under
paragraph 1 towards the owner and his guarantor if the Fund proves that as
a result of the actual fault or privity of the owner:
(a)
the ship from which the oil causing pollution damage escaped did not comply
with the requirements laid down in:
(i)
the International Convention for the Prevention of Pollution of the Sea by
Oil, 1954, as amended in 1962; or
(ii)
the International Convention for the Safety of Life at Sea, 1960; or
(iii)
the International Convention on Load ines, 1966; or
(iv)
the International Regulations for Preventing Collisions at Sea, 1960; or
(v)
any amendments to the above mentioned Conventions which have been determined
as being of an important nature in accordance with Article XVI (5) of the
Convention mentioned under (i), Article IX(e) of the Convention mentioned
under (ii) or Article 29 (3) (d) or (4) (d) of the Convention mentioned under
(iii), provided, however, that such amendments had been in force for at least
twelve months at the time of the incident; and
(b)
the incident or damage was caused wholly or partially by such non-compliance.
The provisions of this paragraph shall apply irrespective of whether the Contracting
State in which the ship was registered or whose flag it was flying is a Party
to the relevant Instrument.
4.
Upon the entry into force of a new Convention designed to replace, in whole
or in part, any of the Instruments specified in paragraph 3, the Assembly
may decide at least six months in advance a date on which the new Convention
will replace such Instrument or part thereof for the purpose of paragraph
3. However, any State Party to this Convention may declare to the Director
before that date that it does not accept such replacement; in which case the
decision of the Assembly shall have no effect in respect of a ship registered
in, or flying the flag of, that State at the time of the incident. Such a
declaration may be withdrawn at any later date and shall in any event cease
to have effect when the State in question becomes a party to such new Convention.
5.
A ship complying with the requirements in an amendment to an Instrument specified
in paragraph 3 or with requirements in a new Convention, where the amendment
or Convention is designed to replace in whole or in part such Instrument,
shall be considered as complying with the requirements in the said Instrument
for the purposes of paragraph 3.
6.
Where the Fund, acting as a guarantor by virtue of paragraph 2 has paid compensation
for pollution damage in accordance with the Liability Convention, it shall
have a right of recovery from the owner if and to the extent that the Fund
would have been exonerated pursuant to paragraph 3 from its obligations under
paragraph 1 to indemnify the owner.
7.
Expenses reasonably incurred and sacrifices reasonably made by the owner voluntarily
to prevent or minimize pollution damage shall be treated as included in the
owner's liability for the purposes of this Article.
Article
6
1.
Rights to compensation under Article 4 or indemnification under Article 5
shall be extinguished unless an action is brought thereunder or a notification
has been made pursuant to Article 7, paragraph 6, within three years from
the date when the damage occurred. However, in no case shall an action be
brought after six years from the date of the incident which caused the damage.
2.
Notwithstanding paragraph 1, the right of the owner or his guarantor to seek
indemnification from the Fund pursuant to Article 5, paragraph 1, shall in
no case be extinguished before the expiry of a period of six months as from
the date on which the owner or his guarantor acquired knowledge of the bringing
of an action against him under the Liability Convention.
Article
7
1.
Subject to the subsequent provisions of this Article, any action against the
Fund for compensation under Article 4 or indemnification under Article 5 of
this Convention shall be brought only before a court competent under Article
IX of the Liability Convention in respect of actions against the owner who
is or who would, but for the provisions of Article III, paragraph 2, of that
Convention, have been liable for pollution damage caused by the relevant incident.
2.
Each Contracting State shall ensure that its courts possess the necessary
jurisdiction to entertain such actions against the Fund as are referred to
in paragraph 1.
3.
Where an action for compensation for pollution damage has been brought before
a court competent under Article IX of the Liability Convention against the
owner of a ship or his guarantor, such court shall have exclusive jurisdictional
competence over any action against the Fund for compensation or indemnification
under the provisions of Article 4 or 5 of this Convention in respect of the
same damage. However, where an action for compensation for pollution damage
under the Liability Convention has been brought before a court in a State
Party to the Liability Convention but not to this Convention, any action against
the Fund under Article 4 or under Article 5, paragraph 1, of this Convention
shall at the option of the claimant be brought either before a court the State
where the Fund has its headquarters or before any court of a State Party to
this Convention competent under Article IX of the Liability Convention.
4.
Each Contracting State shall ensure that the Fund shall have the right to
intervenes as a party to any legal proceedings instituted in accordance with
Article IX of the Liability Convention before a competent court of that State
against the owner of a ship or his guarantor.
5.
Except as otherwise provided in paragraph 6, the Fund shall not be bound by
any judgement or decision in proceedings to which it has not been a party
or by any settlement to which it is not a party.
6.
Without prejudice to the provisions of paragraph 4, where an action under
the Liability Convention for compensation for pollution damage has been brought
against an owner or his guarantor before a competent court in a Contracting
State, each party to the proceedings shall be entitled under the national
law of the State to notify the Fund of the proceedings. Where such notification
has been made in accordance with the formalities required by the law of the
court seized and in such time and in such a manner that the Fund has in fact
been in a position effectively to intervene as a party to the proceedings,
any judgement rendered by the court in such proceedings shall, after it has
become final and enforceable in the State where the judgement was given, become
binding upon the Fund in the sense that the facts and finding in that judgement
may not be disputed by the Fund even if the Fund has not actually intervened
in the proceedings.
Article
8
Subject
to any decision concerning the distribution referred to in Article 4, paragraph
5, any judgement given against the Fund by a court having jurisdiction in
accordance with Article 7, paragraphs 1 and 3, shall, when it has become enforceable
in the State of origin and is in that State no longer subject to ordinary
forms of review, be recognized and enforceable in each Contracting State on
the same conditions as are prescribed in Article X of the Liability Convention.
Article
9
1.
Subject to the provisions of Article 5, 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 Liability Convention
against the owner or his guarantor.
2.
Nothing in this Convention shall prejudice any right of recourse or subrogation
of the Fund against persons other than those referred to in the preceding
paragraph.
In any event the right of the Fund to subrogation against such person shall
not be less favourable than that of an insurer of the person to whom compensation
or indemnification has been paid.
3.
Without prejudice to any other rights of subrogation or recourse against the
Fund which may exist, a Contracting State or agency thereof which has paid
compensation for pollution damage in accordance with provisions of national
law shall acquire by subrogation the rights which the person so compensated
would have enjoyed under this Convention.
Contributions
Article
10
1.
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 11, paragraph
1, as regards initial contributions and in Article 12, paragraph 2(a) or (b),
as regards annual contributions, has received in total quantities exceeding
150,000 tons:
(a)
in the ports of terminal installations in the territory of that State contributing
oil carried by sea to such ports or terminal installations; and
(b)
in any installations situated in the territory of that Contracting State contributing
oil which has been carried by sea and discharged in a port or terminal installation
of a non-Contracting State, provided that contributing oil shall only be taken
into account by virtue of this sub-paragraph on first receipt in a Contracting
State after its discharge in that non-Contracting State.
2.
(a) For the purposes of paragraph 1, where the quantity of contributing oil
received in the territory of a Contributing State by any person in a calender
year when aggregated with the quantity of contributing oil received in the
same Contracting State in that year by any associated person or persons exceeds
150,000 tons, such person shall pay contributions in respect of the actual
quantity received by him notwithstanding that quantity, did not exceed 150,000
tons.
(b)
"Associated person" means any subsidiary or commonly controlled entity. The
question whether a person comes within this definition shall be determined
by the national law of the State concerned.
Article
11
1.
In respect of each Contracting State initial contributions shall be made of
an amount which shall for each person referred to in Article 10 be calculated
on the basis of a fixed sum for each ton of contributing oil received by him
during the calendar year preceding that in which this Convention entered into
force for that State.
2.
The sum referred to in paragraph 1 shall be determined by the Assembly within
two months after the entry into force of this Convention. In performing this
function the Assembly shall, to the extent possible, fix the sum in such a
way that the total amount if initial contributions would, if contributions
were to be made in respect of 90 per cent of the quantities of contributing
oil carried by sea in the world, equal 75 million francs.
3.
The initial contributions shall in respect of each Contracting State be paid
within three months following the date at which the Convention entered into
force for that State.
Article
12
1.
With a view to assessing for each person referred to in Article 10 the amount
of annual contributions due, if any, and taking account of the necessary to
maintain sufficient liquid funds, the Assembly shall for each calendar year
make an estimate in the form of a budget of:
(i)
Expenditure
(a)
costs and expenses of the administration of the Fund in the relevant year
and any deficit from operations in preceding years;
(b)
payments to be made by the Fund in the relevant year for the satisfaction
of claims against the Fund due under Article 4 or 5, including repayment on
loans previously taken by the Fund for the satisfaction of such claims, to
the extent that the aggregate amount of such claims in respect of any one
incident does not exceed 15 million francs;
(c)
payments to be made by the Fund in the relevant year for the satisfaction
of claims against the Fund due under Article 4 or 5, including repayments
on loans previously taken by the Fund for the satisfaction of such claims,
to the extent that the aggregate amount of such claims in respect of any one
incident is in excess of 15 million francs;
(ii)
Income
(a)
surplus funds from operations in preceding years, including any interest;
(b)
initial contributions to be paid in the course of the year;
(c)
annual contributions, if required to balance the budget;
(d)
any other income.
2.
For each person referred to in Article 10 the amount of his annual contribution
shall be determined by the Assembly and shall be calculated in respect of
each Contracting State:
(a)
in so far as the contribution is for the satisfaction of payments referred
to in paragraph 1(i)(a) and (b) on the basis of a fixed sum for each ton of
contributing oil received in the relevant State by such persons during the
preceding calendar year; and
(b)
in so far as the contribution is for the satisfaction of payments referred
to in paragraph 1(i)(c) of this Article on the basis of a fixed sum for each
ton of contributing oil received by such person during the calendar year preceding
that in which the incident in question occurred, provided that State was a
party to this Convention at the date of the incident.
3.
The sums referred to in paragraph 2 above shall be arrived at by dividing
the relevant total amount of contributions required by the total amount of
contributing oil received in all Contracting States in the relevant year.
4.
The Assembly shall decide the portion of the annual contribution which shall
be immediately paid in cash and decide on the date of payment. The remaining
part of each annual contribution shall be paid upon notification by the Director.
5.
The Director may, in cases and in accordance with conditions to be laid down
in the Internal Regulations of the Fund, require a contributor to provide
financial security for the sums due from him.
6.
Any demand for payments made under paragraph 4 shall be called rateably from
all individual contributors.
Article
13
1.
The amount of any contribution due under Article 12 and which is in arrear
shall bear interest at a rate which shall be determined by the Assembly for
each calendar year provided that different rates may be fixed for different
circumstances.
2.
Each Contracting State shall ensure that any obligation to contribute to the
Fund arising under this Convention in respect of oil received within the territory
of that State is fulfilled and shall take any appropriate measures under its
law, including the imposing of such sanctions as it may deem necessary, with
a view to the effective execution of any such obligation; provided however,
that such measures shall only be directed against those persons who are under
an obligation to contribute to the Fund.
3.
Where a person who is liable in accordance with the provisions of Articles
10 and 11 to make contributions to the Fund does not fulfill his obligations
in respect of any such contribution or any part thereof and is in arrear for
a period exceeding three months, the Director shall take all appropriate action
against such person on behalf of the Fund with a view to the recovery of the
amount due. However, where the defaulting contributor is manifestly insolvent
or the circumstances otherwise so warrant, the Assembly may, upon recommendation
of the Director, decide that no action shall be taken or continued against
the contributor.
Article
14
1.
Each Contracting State may at the time when it deposits its instrument of
ratification or accession or at any any time thereafter declare that it assumes
itself obligations that are incumbent under this Convention on any person
who is liable to contribute to the Fund in accordance with Article 10, paragraph
1, in respect of oil received within the territory of that State. Such declaration
shall be made in writing and shall specify which obligations are assumed.
2.
Where a declaration under paragraph 1 is made prior to the entry into force
of this Convention in accordance with Article 40, it shall be deposited with
the Secretary-General of the Organization who shall after the entry into force
of the Convention communicate the declaration to the Director.
3.
A declaration under paragraph 1 which is made after the entry into force of
this Convention shall be deposited with the Director.
4.
A declaration made in accordance with this Article may be withdrawn by the
relevant State giving notice thereof in writing to the Director. Such notification
shall take effect three months after the Director's receipt thereof.
5.
Any State which bound by a declaration made under this Article shall, in any
proceedings brought against it before a competent court in respect of any
obligation specified in the declaration, waive any immunity that it would
otherwise be entitled to invoke.
Article
15
1.
Each Contracting State shall ensure that any person who receives contributing
oil within its territory in such quantities that he is liable to contribute
to the Fund appears on a list to be established and kept up to date by the
Director in accordance with the subsequent provisions of this Article.
2.
For the purposes set out in paragraph 1, each Contracting State shall communicate,
at a time and in the manner to be prescribed in the Internal Regulations,
to the Director the name and address of any person who in respect of that
State is liable to contribute to the Fund pursuant to Article 10, as well
as data on the relevant quantities of contributing oil received by any such
person during the preceding calendar year.
3.
For the purposes of ascertaining who are, at any given time, the persons liable
to contribute to the Fund in accordance with Article 10, paragraph 1, and
of establishing, where applicable, the quantities of oil to be taken into
account for any such person when determining the amount of his contribution,
the list shall be prima facie evidence of the facts stated therein.
Organization
and Administration
Article
16
The
Fund shall have an Assembly, a Secretariat headed by a Director and, in accordance
with the provisions of Article 21, an Executive Committee.
Assembly
Article
17
The
Assembly shall consist of all Contracting States to this Convention.
Article
18
The
functions of the Assembly shall, subject to the provisions of Article 26,
be:
1.
to elect at each regular session its Chairman and two Vice-Chairmen who shall
hold office until the next regular session;
2.
to determine its own rules of procedure, subject to the provisions of this
Convention;
3.
to adopt Internal Regulations necessary for the proper functioning of the
Fund;
4.
to appoint the Director and make provisions for the appointment of such other
personnel as may be necessary and determine the terms and conditions of service
of the Director and other personnel;
5.
to adopt the annual budget and fix the annual contributions;
6.
to appoint auditors and approve the accounts of the Fund;
7.
to approve settlements of claims against the Fund, to take decisions in respect
of the distribution among claimants of the available amount of compensation
in accordance with Article 4, paragraph 5, and to determine the terms and
conditions according to which provisional payments in respect of claims shall
be made with a view to ensuring that victims of pollution damage are compensated
as promptly as possible;
8.
to elect the members of the Assembly to be represented on the Executive Committee,
as provided in Articles 21, 22 and 23;
9.
to establish any temporary or permanent subsidiary body it may consider to
be necessary;
10.
to determine which non-Contracting State and which inter-governmental and
international non-governmental organizations shall be admitted to take part,
without voting rights, in meetings of the Assembly, the Executive Committee,
and subsidiary bodies;
11.
to give instructions concerning the administration of the Fund to the Director,
the Executive Committee and subsidiary bodies;
12.
to review and approve the reports and activities of the Executive Committee;
13.
to supervise the proper execution of the Convention and of its own decisions;
14.
to perform such other functions as are allocated to it under the Convention
or are otherwise necessary for the proper operation of the Fund.
Article
19
1.
Regular sessions of the Assembly shall take place once every calendar year
upon convocation by the Director; provided, however, that if the Assembly
allocates to the Executive Committee the functions specified in Article 18,
paragraph 5, regular sessions of the Assembly shall be held once every two
years.
2.
Extraordinary sessions of the Assembly shall be convened by the Director at
the request of the Executive Committee or of at least one-third of the members
of the Assembly and may be convened on the Director's own initiative after
consultation with the Chairman of the Assembly. The Director shall give members
at least thirty days' notice of such sessions.
Article
20
A
majority of the members of the Assembly shall constitute a quorum for its
meetings.
Executive
Committee
Article
21
The
Executive Committee shall be established at the first regular session of the
Assembly after the date on which the member of Contracting States reaches
fifteen.
Article
22
1.
The Executive Committee shall consist of one-third of the members of the Assembly
but of not less than seven or more than fifteen members. When the number of
members of the Assembly is not divisible by three, the one-third referred
to shall be calculated on the next higher number which is divisible by three.
2.
When electing the members of the Executive Committee the Assembly shall:
(a)
secure an equitable geographical distribution of the seats on the Committee
on the basis of an adequate representation of Contracting States particularly
exposed to the risks of oil pollution and of Contracting States having large
tanker fleets; and
(b)
elect one half of the members of the Committee, or in case the total number
of members to be elected is uneven, such number of the members as is equivalent
to one half of the total number less one, among those Contracting States in
the territory of which the largest quantities of oil to be taken into account
under Article 10 were received during the preceding calendar year, provided
that the number of States eligible under this sub-paragraph shall be limited
as shown in the table below.
Total number of Number of States Number of States
Members on the eligible under to be elected
Committee sub-paragraph (b) under paragraph (b)
7 5 3
8 6 4
9 6 4
10 8 5
11 8 5
12 9 6
13 9 6
14 11 7
15 11 7
3.
A member of the Assembly which was eligible but was not elected under sub-paragraph
(b) shall not be eligible to be elected for any remaining seat on the Executive
Committee.
Article
23
1.
Members of the Executive Committee shall hold office until the end of the
next regular session of the Assembly.
2.
Except to the extent that may be necessary for complying with the requirements
of Article 22, no State Member of the Assembly may serve on the Executive
Committee for more than two consecutive terms.
Article
24
The
Executive Committee shall meet at least once every calendar year at thirty
days' notice upon convocation by the Director, either on his own initiative
or at the request of its Chairman or of at least one-third of its members.
It shall meet at such places as may be convenient.
Article
25
At
least two-thirds of the members of the Executive Committee shall constitute
a quorum for its meetings.
Article
26
1.
The functions of the Executive Committee shall be:
(a)
to elect its Chairman and adopt its own rules of procedure, except as otherwise
provided in this Convention;
(b)
to assume and exercise in place of the Assembly the following functions:
(i)
making provision for the appointment of such personnel, other than the Director,
as may be necessary and determining the terms and conditions of service of
such personnel;
(ii)
approving settlements of claims against the Fund and taking all other steps
envisaged in relation to such claims in Article 18, paragraph 7;
(iii)
giving instructions to the Director concerning the administration of the Fund
and supervising the proper execution, by him of the Convention, of the decisions
of the Assembly and of the Committee's own decisions; and (c) to perform such
other functions as are allocated to it by the Assembly.
2.
The Executive Committee shall each year prepare and publish a report of the
activities of the Fund during the previous calendar year.
Article
27
Members
of the Assembly who are not members of the Executive Committee shall have
the right to attend its meetings as observers.
Secretariat
Article
28
1.
The Secretariat shall comprise the Director and such staff as the administration
of the Fund may require.
2.
The Director shall be the legal representative of the Fund.
Article
29
1.
The Director shall be the chief administrative officer of the Fund and shall,
subject to the instructions given to him by the Assembly and by the Executive
Committee, perform those functions which are assigned to him by this Convention,
the Internal Regulations, the Assembly and the Executive Committee.
2.
The Director shall in particular:
(a)
appoint the personnel required for the administration of the Fund;
(b)
take all appropriate measures with a view to the proper administration of
the Fund's assets;
(c)
collect the contributions due under this Convention while observing in particular
the provisions of Article 13, paragraph 3;
(d)
to the extent necessary to deal with claims against the Fund and carry out
the other functions of the Fund, employ the services of legal, financial and
other experts;
(e)
take all appropriate measures for dealing with claims against the Fund within
the limits and on conditions to be laid down in the Internal Regulations,
including the final settlement of claims without the prior approval of the
Assembly or the Executive Committee where these Regulations so provide;
(f)
prepare and submit to the Assembly or to the Executive Committee, as the case
may be, the financial statements and budget estimates for each calendar year;
(g)
assist the Executive Committee in the preparation of the report referred to
in Article 26, paragraph 2;
(h)
prepare, collect and circulate the papers, documents, agenda, minutes and
information that may be required for the work of the Assembly, the Executive
Committee and subsidiary bodies.
Article
30
In
the performance of their duties the director and the staff and experts appointed
by him shall not seek or receive instructions from any Government or from
any authority external to the Fund. They shall refrain from any action which
might reflect on their position as international officials. Each Contracting
State on its part undertakes to respect the exclusively international character
of the responsibilities of the Director and the staff and experts appointed
by him, and not to seek to influence them in the discharge of their duties.
Finances
Article
31
1.
Each Contracting State shall bear the salary, travel and other expenses of
its own delegation to the Assembly and of its representatives on the Executive
Committee and on subsidiary bodies.
2.
Any other expenses incurred in the operation of the Fund shall be borne by
the Fund.
Voting
Article
32
The
following provisions shall apply to voting in the Assembly and the Executive
Committee:
(a)
each member shall have one vote;
(b)
except as otherwise provided in Article 33, decisions of the Assembly and
the Executive Committee shall be by a majority vote of the members present
and voting;
(c)
decisions where a three-fourths or a two-thirds majority is required shall
be by a three-fourths or two-thirds majority vote, as the case may be, of
those present;
(d)
for the purpose of this Article the phrase "members present" means "members
present at the meeting at the time of the vote", and the phrase "members present
and voting" means "members present and casting an affirmative or negative
vote". Members who abstain from voting shall be considered as not voting.
Article
33
1.
The following decisions of the Assembly shall require a three-fourths majority:
(a)
an increase in accordance with Article 4, paragraph 6, in the maximum amount
of compensation payable by the Fund;
(b)
a determination, under Article 5, paragraph 4, relating to the replacement
of the Instruments referred to in that paragraph;
(c)
the allocation to the Executive Committee of the functions specified in Article
18, paragraph 5.
2.
The following decisions of the Assembly shall require a two-thirds majority:
(a)
a decision under Article 13, paragraph 3, not to take or continue action against
a contributor;
(b)
the appointment of the Director under Article 18, paragraph 4;
(c)
the establishment of subsidiary bodies, under Article 18, paragraph 9.
Article
34
1.
The Fund, its assets, income, including contributions, and other property
shall enjoy in all Contracting States exemption from all direct taxation.
2.
When the Fund makes substantial purchases of movable or immovable property,
or has important work carried out which is necessary for the exercise of its
official activities and the cost of which includes indirect taxes or sales
taxes, the Governments of Member States shall take, whenever possible, appropriate
measures for the remission or refund of the amount of such duties and taxes.
3.
No exemption shall be accorded in the case of duties, taxes or dues which
merely constitute payment for public utility services.
4.
The Fund shall enjoy exemption from all customs duties, taxes and other related
taxes on articles imported or exported by it or on its behalf for its official
use. Articles thus imported shall not be transferred either for consideration
or gratis on the territory of the country into which they have been imported
except on conditions agreed by the Government of that country.
5.
Persons contributing to the Fund and victims and owners of ships receiving
compensation from the Fund shall be subject to the fiscal legislation of the
State where they are taxable, no special exemption or other benefit being
conferred on them in this respect.
6.
Information relating to individual contributors supplied for the purpose of
this Convention shall not be divulgated outside the Fund except in so far
as it may be strictly necessary to enable the Fund to carry out its functions,
including the bringing and defending of legal proceedings.
7.
Independently of existing or future regulations concerning or transfers, Contracting
States shall authorize the transfer and payment of any contribution to the
Fund and of any compensation paid by the Fund without any restriction.
Transitional
Provisions
Article
35
1.
The Fund shall incur no obligation whatsoever under Article 4 or 5 in respect
of incidents occurring within a period of one hundred and twenty days after
the entry into force of this Convention.
2.
Claims for compensation under Article 4 and claims for indemnification under
Article 5, arising from incidents occurring later than one hundred and twenty
days but not later than two hundred and forty days after the entry into force
of this Convention may not be brought against the Fund prior to the elapse
of the two hundred and fortieth day after the entry into force of this Convention.
Article
36
The
Secretary-General of the Organization shall convene the first session of the
Assembly. This session shall take place as soon as possible after entry into
force of this Convention and, in any case, not more than thirty days after
such entry into force.
Final
Clauses
Article
37
1.
This Convention shall be open for signature by the States which have signed
or which accede to the Liability Convention, and by any State represented
at the Conference on the Establishment of an International Fund for Compensation
for Oil Pollution Damage, 1971. The Convention shall remain open for signature
until 31 December 1972.
2.
Subject to paragraph 4, this Convention shall be ratified, accepted or approved
by the States which have signed it.
3.
Subject to paragraph 4, this Convention is open for accession by States which
did not sign it.
4.
This Convention may be ratified, accepted, approved or acceded to, only by
States which have ratified, accepted, approved or acceded to the Liability
Convention.
Article
38
1.
Ratification, acceptance, approval or accession shall be effected by the deposit
of a formal instrument to that effect with the Secretary-General of the Organization.
2.
Any instrument of ratification, acceptance, approval or accession deposited
after the entry into force of an amendment to this Convention with respect
to all existing Contracting States or after the completion of all measures
required for the entry into force of the amendment with respect to those Parties
shall be deemed to apply to the Convention as modified by the amendment.
Article
39
Before
this Convention comes into force a State shall, when depositing an instrument
referred to in Article 38, paragraph 1, 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 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.
Article
40
1.
This Convention shall enter into force 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 of the Organization, and
(b)
the Secretary-General of the Organization has received information in accordance
with Article 39 that those persons in such States who would be liable to contribute
pursuant to Article 10 have received during the preceding calendar year a
total quantity of at least 750 million tons of contributing oil.
2.
However, this Convention shall not enter into force before the Liability Convention
has entered into force.
3.
For each State which subsequently ratifies, accepts, approves or accedes to
it, this Convention shall enter into force on the ninetieth day after deposit
by such State of the appropriate instrument.
Article
41
1.
This Convention may be denounced by any Contracting State at any time after
the date on which the Convention comes into force for that State.
2.
Denunciation shall be effected by the deposit of an instrument with the Secretary-General
of the Organization.
3.
A denunciation shall take effect one year, or such longer period as may be
specified in the instrument of denunciation, after its deposit with the Secretary-General
of the Organization.
4.
Denunciation of the Liability Convention shall be deemed to be a denunciation
of this Convention. Such denunciation shall take effect on the same date as
the denunciation of the Liability Convention takes effect according to paragraph
3 of Article XVI of that Convention.
5.
Notwithstanding a denunciation by a Contracting State pursuant to this Article,
any provisions of this Convention relating to the obligations to make contributions
under Article 10 with respect to an incident referred to in Article 12, paragraph
2(b), and occurring before the denunciation takes effect shall continue to
apply.
Article
42
1.
Any Contracting State may, within ninety after the deposit of an instrument
of denunciation the result of which it considers will significantly increase
the level of contributions for remaining Contracting States, request the Director
to 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 for 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
that renunciation takes effect, denounce this Convention with effect from
the same date.
Article
43
1.
This Convention shall cease to be in force on the date when the number of
Contracting States falls below three.
2.
Contracting States which are bound by this Convention on the date before the
day it ceases to be in force, shall enable the Fund to exercise its functions
as described under Article 44 and shall, for that purpose only, remain bound
by this Convention.
Article
44
1.
If this Convention ceases to be in force, the Fund shall nevertheless
(a)
meet its obligations in respect of any incident occurring before the Convention
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
45
1.
A Conference for the purpose of revising or amending this Convention may be
convened by the Organization.
2.
The Organization shall convene a Conference of the Contracting States for
the purpose of revising or amending the Convention at the request of not less
than one-third of all Contracting States.
Article
46
1.
This Convention shall be deposited with the Secretary-General of the Organization.
2.
The Secretary-General of the Organization shall:
(a)
inform all States which have signed or acceded to this Convention of:
(i)
each new signature or deposit of instrument and the date thereof;
(ii)
the date of entry into force of the Convention;
(iii)
any denunciation of the Convention and the date on which it takes effect;
(b)
transmit certified true copies of this Convention to all Signatory States
and to all States which accede to the Convention.
Article
47
As
soon as this Convention enters into force, a certified true copy thereof 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
48
This
Convention 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 by the Secretariat of the Organization
and deposited with the signed original.
In
Witness whereof the undersigned plenipotentiaries being duly authorized for
that purpose have signed the present Convention.
Done
at Brussels this eighteenth day of December one thousand nine hundred and
seventy-one.