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Protocol to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage

Document type
Multilateral
Field of application
Global
Date
May 25, 1984
Source
IUCN (ID: TRE-000840)
Title abbreviation

FUND PROT 1984

Title (French)

Protocole d'amendement à la convention internationale portant création d'un fond international d' indemnisation pour les dommages dus à la pollution par les hydrocarbures

Title (Other)

Protokoll zur Änderung des internationalen Übereinkommens über die Errichtung eines internationalen Fonds zur Entschädigung für Ölverschmutzungsschäden

Place of adoption
London
Depository
IMO International Maritime Organization
Language
Arabic, Chinese, English, French, Russian, Spanish
Subject
Sea, Waste & hazardous substances
Geographical area
Arctic
Abstract

The Protocol to the Fund Convention will enter into force 12 months after being accepted by at least eight states whose combined total of 'contributing oil' ( mainly crude and fuel oil) amounted to at least 600 million tons during the previous year. Provides for amendments to the methods of calculating liability and limitation of liability. Objectives: To amend the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damages to provide for improved scope and enhanced compensation. Summary of provisions: The Protocol was adopted in the framework of the International Maritime Organisation (IMO). Article 2 of the 1971 Fund Convention is amended to establish the 'International Oil Pollution Compensation Fund 1984', inter alia to provide compensation for pollution damage to the extent that the protection afforded by the 1984 International Convention on Civil Liability for Oil Pollution Damage is inadequate. Article 3 of the 1971 Fund Convention is amended to define a new scope of application, Article 4 is amended, inter alia, to set the amounts of compensation payable by the Fund, and a new paragraph 4 is added to Article 15 to provide for the liability of a Party which has not complied with its obligation under paragraph 2 of the Article, resulting in a financial loss for the Fund. Articles 1 to 36 quater of the 1971 Convention as amended by this Protocol are to be known as the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1984 (1984 Fund Convention). Three new Articles are inserted after Article 36 to set the rules for the transitional period commencing with the date of entry into force of the 1984 Fund Convention and ending with the denunciation of the 1971 Fund Convention. Other amended Articles are Articles 1, 4 to 13, 16, 18, 19, 21 to 27, 29, 31 to 33, and 35. Finally, Parties undertake to communicate annually to the Secretary-General of the IMO information on contributing oil (Art. 29). Institutional mechanisms: The 'International Oil Pollution Compensation Fund 1984' is established (Art. 3), and Article 16 of the 1971 Convention is amended to provide the Fund with an Assembly and a Secretariat (Art. 17).

Full text
English  
Website
www.iopcfund.org

Country/Territory/Participant

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Countries Entry into force Ratification * Simple signature
Denmark - -
Finland - -
France -
Germany -
Mexico - -
Morocco -
Netherlands - -
Norway - -
Poland - -
Portugal - -
Sweden - -
United Kingdom - -
United States of America - -
Venezuela, Boliv. Rep. of - -

* [1] Ratification [2] Accession/approbation [3] Acceptance/approval [4] Succession [5] Consent to be bound [6] Definite signature

References - Treaties

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Literature
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