Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971
Date: 1992-11-27
Institutions: European Union, United Nations Organisation
Subjects: Austria, Luxembourg, accession to an agreement, help for victims, indemnification, international convention, oil pollution

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ANNEX III

Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage of 1971

THE PARTIES TO THE PRESENT PROTOCOL,

HAVING CONSIDERED the International Convention on the Establishment of an International Fund for Compensation
for Oil Pollution Damage, 1971, and the 1984 Protocol thereto,

HAVING NOTED that the 1984 Protocol to that Convention, which provides for improved scope and enhanced
compensation, has not entered into force,

AFFIRMING the importance of maintaining the viability of the international oil pollution liability and compensation
system,

AWARE OF the need to ensure the entry into force of the content of the 1984 Protocol as soon as possible,

RECOGNISING the advantage for the States Parties of arranging for the amended Convention to coexist with and be
supplementary to the original Convention for a transitional period,

CONVINCED that the economic consequences of pollution damage resulting from the carriage of oil in bulk at sea by
ships should continue to be shared by the shipping industry and by the oil cargo interests,

BEARING IN MIND the adoption of the Protocol of 1992 to amend the International Convention on Civil Liability for
Oil Pollution Damage, 1969,

HAVE AGREED AS FOLLOWS:

Article 1

2. after paragraph 1 a new paragraph is inserted as follows:

The Convention which the provisions of this Protocol amend is
the International Convention on the Establishment of an Inter-
national Fund for Compensation for Oil Pollution Damage,
1971, hereinafter referred to as the ‘1971 Fund Convention’.
For States Parties to the Protocol of 1976 to the 1971 Fund
Convention, such reference shall be deemed to include the
1971 Fund Convention as amended by that Protocol.

“1971 Fund Convention” means the International
‘1a.
Convention on the Establishment of an International Fund
for Compensation for Oil Pollution Damage, 1971. For
States Parties to the Protocol of 1976 to that Convention,
the term shall be deemed to include the 1971 Fund Conven-
tion as amended by that Protocol.’;

3. paragraph 2 is replaced by the following:

‘2.
“Ship”, “Person”, “Owner”, “Oil”, “Pollution Damage”,
“Preventive Measures”, “Incident”, and “Organization” have
the same meaning as in Article I of the 1992 Liability
Convention.’;

Article 2

4. paragraph 4 is replaced by the following:

Article 1 of the 1971 Fund Convention is amended as follows:

“Unit of account” has the same meaning as in Article

‘4.
V, paragraph 9, of the 1992 Liability Convention.’;

1. paragraph 1 is replaced by the following:

5. paragraph 5 is replaced by the following:

‘1.
“1992 Liability Convention” means the International
Convention on Civil Liability for Oil Pollution Damage,
1992.’;

“Ship's tonnage” has the same meaning as in Article

‘5.
V(10) of the 1992 Liability Convention.’;

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6. paragraph 7 is replaced by the following:

2. paragraph 3 is replaced by the following:

‘7.
“Guarantor” means any person providing insurance or
other financial security to cover an owner's liability in
pursuance of Article VII(1) of the 1992 Liability Conven-
tion.’

Article 3

Article 2 of the 1971 Fund Convention is amended as follows:

paragraph 1 is replaced by the following:

‘1.
An International Fund for compensation for pollution
to be named “The International Oil Pollution
damage,
Compensation Fund 1992” 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 1992 Liabi-
lity Convention is inadequate;

(b) to give effect to the related purposes set out in this

Convention.’

Article 4

Article 3 of the 1971 Fund Convention is replaced by the
following:

‘Article 3

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 base-
lines from which the breadth of its territorial sea is
measured;

(b) to preventive measures, wherever taken, to prevent or

minimise such damage.’

‘3.
If the Fund proves that the pollution damage resulted
wholly or partially either from an act or omission done with
the intent to cause damage by the person who suffered the
damage or from the negligence of that person, the Fund
may be exonerated wholly or partially from its obligation to
pay compensation to such person. The Fund shall in any
event be exonerated to the extent that the shipowner may
have been exonerated under Article III(3) of the 1992 Liabi-
lity Convention. However, there shall be no such exonera-
tion of the Fund with regard to preventive measures.’;

3. paragraph 4 is replaced by the following:

‘4.

(a) 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 1992 Liability Convention for pollu-
tion damage within the scope of application of this
Convention as defined in Article 3 shall to exceed
135 000 000 units of account.

(b) Except as otherwise provided in subparagraph (c),
the aggregate amount of compensation payable by
the Fund under this Article for pollution damage
resulting from a natural phenomenon of an excep-
tional inevitable and irresistible character shall not
exceed 135 000 000 units of account.

(c) The maximum amount of compensation referred to
in subparagraphs (a) and (b) shall be 200 000 000
units of account with respect to any incident occur-
ring during any period when there are three Parties
to this Convention in respect of which the combined
relevant quantity of contributing oil received by
persons in the territories of such Parties, during the
exceeded
preceding calendar year,
600 000 000 tons.

equalled or

Article 5

The heading to Articles 4 to 9 of the 1971 Fund Convention is
amended by deleting the words ‘and indemnification’.

(d) Interest accrued on a fund constituted in accordance
with Article V(3) of the 1992 Liability Convention, if
any, shall not be taken into account for the compu-
tation of the maximum compensation payable by
the Fund under this Article.

Article 6

Article 4 of the 1971 Fund Convention is amended as follows:

1.

in paragraph 1 the five references to ‘the Liability Conven-
tion’ are replaced by references to ‘the 1992 Liability
Convention’;

(e) The amounts mentioned in this Article shall be
converted into national currency on the basis of the
value of that currency by reference to the Special
Drawing Right on the date of the decision of the
Assembly of the Fund as to the first date of payment
of compensation.’;

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4. paragraph 5 is replaced by the following:

Article 11

‘5. Where the amount of established claims against the
Fund exceeds
the aggregate amount of compensation
payable under paragraph 4, the amount available shall be
distributed in such a manner that the proportion between
any established claim and the amount of compensation
actually recovered by the claimant under this Convention
shall be the same for all claimants.’;

5. paragraph 6 is replaced by the following:

‘6.
The Assembly of the Fund may decide that, in excep-
tional cases, compensation in accordance with this Conven-
tion can be paid even if the owner of the ship has not
constituted a fund in accordance with Article V(3) of the
1992 Liability Convention. In such case paragraph 4(e) of
this Article applies accordingly.’

Article 9 of the 1971 Fund Convention is amended as follows:

1. paragraph 1 is replaced by the following:

‘1.
The Fund shall, in respect of any amount of compen-
sation 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 1992 Liability Convention against
the
owner or his guarantor.’;

2.

in paragraph 2 ‘or indemnification’ is deleted.

Article 12

Article 7

Article 10 of
follows:

the 1971 Fund Convention is amended as

Article 5 of the 1971 Fund Convention is deleted.

Article 8

Article 6 of the 1971 Fund Convention is amended as follows:

1.

in paragraph 1 the paragraph number and ‘or indemnifica-
tion under Article 5’ are deleted;

2. paragraph 2 is deleted.

the opening phrase of paragraph 1 is replaced by the following
text:

‘Annual contributions to the Fund shall be made in respect
of each Contracting State by any person who,
in the
calendar year referred to in Article 12, paragraph 2(a) or
(b), has received in total quantities exceeding 150 000
tons:’.

Article 13

Article 11 of the 1971 Fund Convention is deleted.

Article 9

Article 14

Article 7 of the 1971 Fund Convention is amended as follows:

1.

in paragraphs 1, 3, 4 and 6 the seven references to ‘the
Liability Convention’ are replaced by references to ‘the 1992
Liability Convention’;

2.

in paragraph 1 ‘or indemnification under Article 5’
deleted;

is

3.

in the first sentence of paragraph 3 ‘or indemnificati’ and ‘or
5’ are deleted;

4.

in the second sentence of paragraph 3 ‘or under Article
5(1)’, 0146 is deleted.

Article 10

In Article 8 of the 1971 Fund Convention the reference to ‘the
Liability Convention’ is replaced by a reference to ‘the 1992
Liability Convention’.

Article 12 of
follows:

the 1971 Fund Convention is amended as

1.

2.

in the opening phrase of paragraph 1 ‘for each person
referred to in Article 10’ is deleted;

in paragraph 1(i), subparagraphs (b) and (c), ‘or 5’ is deleted
and ‘15 million francs’ is replaced by ‘four million units of
account’;

3. subparagraph 1(ii)(b) is deleted;

4.

in paragraph 1(ii), subparagraph (c) becomes (b) and sub-
paragraph (d) becomes (c);

5. the opening phrase in paragraph 2 is replaced by the

following:

‘The Assembly shall decide the total amount of contribu-
tions to be levied. On the basis of that decision, the Director
shall, in respect of each Contracting State, calculate for each
person referred to in Article 10 the amount of his annual
contribution:’;

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6. paragraph 4 is replaced by the following:

2. paragraph 8 is deleted;

‘4.
The annual contribution shall be due on the date to
be laid down in the Internal Regulations of the Fund. The
Assembly may decide on a different date of payment.’;

7. paragraph 5 is replaced by the following:

‘5.
The Assembly may decide, under conditions to be laid
down in the Financial Regulations of the fund, to make
transfers between funds received in accordance with Article
12.2(a) and funds received in accordance with Article
12.2(b).’;

8. paragraph 6 is deleted.

Article 15

Article 13 of
follows:

the 1971 Fund Convention is amended as

1. paragraph 1 is replaced by the following text:

The amount of any contribution due under Article 12
‘1.
and which is in arrears shall bear interest at a rate which
shall be determined in accordance with the Internal Regula-
tions of the Fund, provided that different rates may be fixed
for different circumstances.’

2.

in paragraph 3 ‘Articles 10 and 11’ is replaced by ‘Articles
10 and 12’ and ‘for a period exceeding three month’
is
deleted.

Article 16

A new paragraph 4 is added to Article 15 of the 1971 Fund
Convention:

‘4. Where a Contracting State does not fulfil its obliga-
tions to submit to the Director the communication referred
to in paragraph 2 and this results in a financial loss for the
Fund, that Contracting State shall be liable to compensate
the Fund for such loss. The Assembly shall, on the recom-
mendation of the Director, decide whether such compensa-
tion shall be payable by that Contracting State.’

3. paragraph 9 is replaced by the following text:

‘9.
To establish any temporary or permanent subsidiary
body it may consider to be necessary, to define its terms of
reference and to give it the authority needed to perform the
functions entrusted to it; when appointing the members of
such body, the Assembly shall endeavour to secure an equi-
table geographical distribution of members and to ensure
that the Contracting States, in respect of which the largest
quantities of contributing oil are being received, are appro-
priately represented; the Rules of Procedure of the Assembly
may be applied, mutatis mutandis,
for the work of such
subsidiary body.’;

4.

in paragraph 10 ‘, the Executive Committee,’ is deleted;

5.

in paragraph 11 ‘, the Executive Committee’ deleted;

6. paragraph 12 is deleted.

Article 19

Article 19 of
follows:

the 1971 Fund Convention is amended as

1. paragraph 1 is replaced by the following:

Regular sessions of the Assembly shall take place once

‘1.
every calendar year upon convocation by the Director.’;

2.

in paragraph 2 ‘of the Executive Committee or’ is deleted.

Article 20

Articles 21 to 27 of
heading to these Articles are deleted.

the 1971 Fund Convention and the

Article 17

Article 21

Article 16 of the 1971 Fund Convention is replaced by the
following text:

Article 29 of
follows:

the 1971 Fund Convention is amended as

‘The Fund shall have an Assembly and a Secretariat headed
by a Director.’

Article 18

1. paragraph 1 is replaced by the following:

‘1.
The Director shall be the chief administrative officer
of the Fund. Subject to the instructions given to him by the
Assembly, he shall perform those functions which are
assigned to him by this Convention, the Internal Regulations
of the Fund and the Assembly.’;

Article 18 of
follows:

the 1971 Fund Convention is amended as

2.

in paragraph 2(e) ‘or the Executive Committee’ is deleted;

1.

in the opening sentence of the Article ‘, subject to the provi-
sions of Article 26,’ is deleted;

3.

in paragraph 2(f) ‘or to the Executive Committee, as the case
may be,’ is deleted;

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4. paragraph 2(g) is replaced by the following:

‘(g) prepare,

in consultation with the Chairman of

the
Assembly, and publish a report of the activities of the
Fund during the previous calendar year;’

5.

in paragraph 2(h) ‘the Executive Committee’ is deleted.

Article 22

In Article 31(1), of the 1971 Fund Convention, the words ‘on
the Executive Committee and’ is deleted.

Article 23

Article 32 of
follows:

the 1971 Fund Convention is amended as

1.

2.

in the opening phrase ‘and the Executive Committee’
deleted;

is

in subparagraph (b)
deleted.

‘and the Executive Committee’

is

Article 24

Article 33 of
follows:

the 1971 Fund Convention is amended as

1. paragraph 1 is deleted;

2.

in paragraph 2 the paragraph number is deleted;

3. subparagraph (c) is replaced by the following:

‘(c) the establishment of subsidiary bodies, under Article

18(9), and matters relating to such establishment.’

Article 25

Article 35 of the 1971 Fund Convention is replaced by the
following:

‘Article 35

Claims for compensation under Article 4 arising from inci-
dents occurring after the date of entry into force of this
Convention may not be brought against the Fund earlier
than the one hundred and twentieth day after that date.’

Convention and ending with the date on which the denun-
ciations provided for in Article 31 of the 1992 Protocol to
amend the 1971 Fund Convention take effect:

the

reference

(a) in the application of paragraph 1(a) of Article 2 of this
Convention,
to the 1992 Liability
Convention shall include reference to the International
Convention on Civil Liability for Oil Pollution Damage,
1969, either in its original version or as amended by
the Protocol thereto of 1976 (referred to in this Article
as the 1969 Liability Convention), and also the 1971
Fund Convention;

this Convention,

(b) where an incident has caused pollution damage within
the scope of
the Fund shall pay
compensation to any person suffering pollution
damage only if, and to the extent that, such person has
been unable to obtain full and adequate compensation
for the damage under the terms of the 1969 Liability
Convention, the 1971 Fund Convention and the 1992
Liability Convention, provided that, in respect of pollu-
tion damage within the scope of this Convention in
respect of a Party to this Convention but not a Party to
the 1971 Fund Convention,
the Fund shall pay
compensation to any person suffering pollution
damage only if, and to the extent that, such person
would have been unable to obtain full and adequate
compensation had that State been party to each of the
abovementioned Conventions;

(c) in the application of Article 4 of this Convention, the
amount to be taken into account in determining the
aggregate amount of compensation payable by the
Fund shall also include the amount of compensation
actually paid under the 1969 Liability Convention, if
any, and the amount of compensation actually paid or
the 1971 Fund
deemed to have been paid under
Convention;

(d) paragraph 1 of Article 9 of this Convention shall also
apply to the rights enjoyed under the 1969 Liability
Convention.

Article 26

Article 36b

After Article 36 of the 1971 Fund Convention four new Arti-
cles are inserted as follows:

‘Article 36a

The following transitional provisions shall apply in the
period, hereinafter referred to as the “transitional period”,
this
commencing with the date of entry into force of

Subject to paragraph 4 of this Article, the aggregate
1.
amount of the annual contributions payable in respect of
contributing oil received in a single Contracting State
during a calendar year shall not exceed 27,5 % of the total
amount of annual contributions pursuant
to the 1992
Protocol to amend the 1971 Fund Convention, in respect
of that calendar year.

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If the application of the provisions in paragraphs 2
2.
and 3 of Article 12 would result in the aggregate amount
of the contributions payable by contributors in a single
Contracting State in respect of a given calendar year
exceeding 27,5 % of the total annual contributions, the
contributions payable by all contributors in that State shall
be reduced pro rata so that their aggregate contributions
equal 27,5 % of the total annual contributions to the Fund
in respect of that year.

3.
If the contributions payable by persons in a given
Contracting State shall be reduced pursuant to paragraph 2
of this Article, the contributions payable by persons in all
other Contracting States shall be increased pro rata so as to
ensure that the total amount of contributions payable by
all persons liable to contribute to the Fund in respect of the
calendar year in question will reach the total amount of
contributions decided by the Assembly.

4.
The provisions in paragraphs 1 to 3 of this Article
shall operate until the total quantity of contributing oil
received in all Contracting States in a calendar year has
reached 750 000 000 tons or until a period of five years
after the date of entry into force of the said 1992 Protocol
has elapsed, whichever occurs earlier.

Article 36c

Notwithstanding the provisions of
the
following provisions shall apply to the administration of
the Fund during the period in which both the 1971 Fund
Convention and this Convention are in force:

this Convention,

(a) the Secretariat of the Fund, established by the 1971
Fund Convention (hereinafter referred to as the 1971
Fund), headed by the Director, may also function as the
Secretariat and the Director of the Fund;

(b) if, in accordance with subparagraph (a), the Secretariat
and the Director of the 1971 Fund also perform the
function of Secretariat and Director of the Fund, the
Fund shall be represented, in cases of conflict of inter-
ests between the 1971 Fund and the Fund, by the
Chairman of the Assembly of the Fund;

(c) the Director and the staff and experts appointed by
him, performing their duties under this Convention and
the 1971 Fund Convention, shall not be regarded as
contravening the provisions of Article 30 of
this
Convention in so far as they discharge their duties in
accordance with this Article;

opinion with respect to common administrative issues
arise, the Assembly of the Fund shall try to reach a
consensus with the Assembly of the 1971 Fund, in a
spirit of mutual cooperation and with the common
aims of both organisations in mind;

(e) the Fund may succeed to the rights, obligations and
assets of the 1971 Fund if the Assembly of the 1971
Fund so decides, in accordance with Article 44(2) of
the 1971 Fund Convention;

(f) the Fund shall reimburse to the 1971 Fund all costs
services

and expenses arising from administrative
performed by the 1971 Fund on behalf of the Fund.

Article 36d

Final clauses

The final clauses of this Convention shall be Articles 28 to
39 of the Protocol of 1992 to amend the 1971 Fund
Convention. References in this Convention to Contracting
States shall be taken to mean references to the Contracting
States of that Protocol.’

Article 27

1.
The 1971 Fund Convention and this Protocol shall, as
between the Parties to this Protocol, be read and interpreted
together as one single instrument.

Articles 1 to 36d of

2.
the 1971 Fund Convention as
amended by this Protocol shall be known as the International
Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1992 (1992 Fund
Convention).

FINAL CLAUSES

Article 28

Signature, ratification, acceptance, approval and accession

1.
This Protocol shall be open for signature at London from
15 January 1993 to 14 January 1994 by any State which has
signed the 1992 Liability Convention.

Subject to paragraph 4, this Protocol shall be ratified,

2.
accepted or approved by States which have signed it.

(d) the Assembly of the Fund shall endeavour not to take
decisions which are incompatible with decisions taken
by the Assembly of the 1971 Fund. If differences of

Subject to paragraph 4, this Protocol is open for acces-

3.
sion by States which did not sign it.

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This Protocol may be ratified, accepted, approved or
4.
acceded to only by States which have ratified, accepted,
approved or acceded to the 1992 Liability Convention.

Ratification, acceptance, approval or accession shall be
5.
effected by the deposit of a formal instrument to that effect
with the Secretary-General of the Organisation.

6.
A State which is a Party to this Protocol but is not a Party
to the 1971 Fund Convention shall be bound by the provisions
of the 1971 Fund Convention as amended by this Protocol in
relation to other Parties hereto, but shall not be bound by the
provisions of the 1971 Fund Convention in relation to Parties
thereto.

7.
Any instrument of ratification, acceptance, approval or
accession deposited after the entry into force of an amendment
to the 1971 Fund Convention as amended by this Protocol
shall be deemed to apply to the Convention so amended, as
modified by such amendment.

Article 29

Information on contributing oil

1.
Before this Protocol comes into force for a State, that
State shall, when depositing an instrument referred to in Article
28(5) and annually thereafter at a date to be determined by the
Secretary-General of the Organisation, communicate to him the
name and address of any person who in respect of that State
would be liable to contribute to the Fund pursuant to Article
10 of the 1971 Fund Convention as amended by this Protocol
as well as data on the relevant quantities of contributing oil
received by any such person in the territory of that State
during the preceding calendar year.

During the transitional period,

2.
for
Parties, communicate annually to the Secretary-General of the
Organisation data on quantities of contributing oil received by
persons liable to contribute to the Fund pursuant to Article 10
of the 1971 Fund Convention as amended by this Protocol.

the Director shall,

(b) the Secretary-General of

the Organisation has received
information in accordance with Article 29 that
those
persons who would be liable to contribute pursuant to
Article 10 of the 1971 Fund Convention as amended by
this Protocol have received during the preceding calendar
year a total quantity of at least 450 000 000 tons of contri-
buting oil.

However, this Protocol shall not enter into force before

2.
the 1992 Liability Convention has entered into force.

For each State which ratifies, accepts, approves or accedes
3.
to this Protocol after the conditions in paragraph 1 for entry
into force have been met, the Protocol shall enter into force 12
months following the date of the deposit by such State of the
appropriate instrument.

4.
Any State may, at the time of the deposit of its instru-
ment of ratification, acceptance, approval or accession in
respect of this Protocol declare that such instrument shall not
take effect for the purpose of this Article until the end of the
six-month period in Article 31.

5.
Any State which has made a declaration in accordance
with the preceding paragraph may withdraw it at any time by
means of a notification addressed to the Secretary-General of
the Organisation. Any such withdrawal shall take effect on the
date the notification is received, and any State making such a
withdrawal shall be deemed to have deposited its instrument of
ratification, acceptance, approval or accession in respect of this
Protocol on that date.

6.
Any State which has made a declaration under Article
13(2) of the Protocol of 1992 to amend the 1969 Liability
Convention shall be deemed to have also made a declaration
under paragraph 4 of this Article. Withdrawal of a declaration
under the said Article 13(2), shall be deemed to constitute with-
drawal also under paragraph 5 of this Article.

Article 30

Entry into force

Article 31

Denunciation of the 1969 and 1971 Conventions

This Protocol shall enter into force 12 months following

1.
the date on which the following requirements are fulfilled:

Subject to Article 30, within six months following the date on
which the following requirements are fulfilled:

(a) at least eight States have deposited instruments of ratifica-
tion, acceptance, approval or accession with the Secretary-
General of the Organisation; and

(a) at least eight States have become Parties to this Protocol or
have deposited instruments of
ratification, acceptance,
approval or accession with the Secretary-General of the
Organisation, whether or not subject to Article 30(4); and

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(b) the Secretary-General of

the Organisation has received
information in accordance with Article 29 that
those
persons who are or would be liable to contribute pursuant
to Article 10 of the 1971 Fund Convention as amended by
this Protocol have received during the preceding calendar
year a total quantity of at least 750 000 000 tons of contri-
buting oil;

Each Party to this Protocol and each State which has deposited
an instrument of ratification, acceptance, approval or accession,
whether or not subject to Article 30(4), shall, if Party thereto,
denounce the 1971 Fund Convention and the 1969 Liability
Convention with effect 12 months after the expiry of
the
abovementioned six-month period.

Amendments shall be adopted by a two-thirds majority of
4.
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 Legal
Committee shall take into account the experience of incidents
and in particular the amount of damage resulting therefrom
and changes in the monetary values. It shall also take into
account the relationship between the limits in Article 4(4) of
the 1971 Fund Convention as amended by this Protocol and
those in Article V(1) of the International Convention on Civil
Liability for Oil Pollution Damage, 1992.

Article 32

Revision and amendment

1.
A conference for the purpose of revising or amending the
1992 Fund Convention may be convened by the Organisation.

The Organisation shall

2.
a Conference of
Contracting States for the purpose of revising or amending the
1992 Fund Convention at the request of not less than one third
of all Contracting States.

convene

Article 33

Amendment of compensation limits

least one quarter of

Upon the request of at

the
1.
Contracting States, any proposal
to amend the limits of
amounts of compensation laid down in Article 4(4) of the
1971 Fund Convention as amended by this Protocol shall be
circulated by the Secretary-General to all Members of the Orga-
nisation and to all Contracting States.

6.

(a) No amendment of the limits under this Article may be
considered before 15 January 1998 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 1971
Fund Convention as amended by this Protocol increased
by 6 % per year calculated on a compound basis from
15 January 1993.

(c) No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the 1971
Fund Convention as amended by this Protocol multi-
plied by three.

7.
Any amendment adopted in accordance with paragraph 4
shall be notified by the Organisation to all Contracting States.
The amendment shall be deemed to have been accepted at the
end of a period of 18 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 Legal Committee have communicated to the
Organisation that they do not accept the amendment in which
case the amendment is rejected and shall have no effect.

Any amendment proposed and circulated as above shall
2.
be submitted to the Legal Committee of the Organisation for
consideration at a date at least six months after the date of its
circulation.

An amendment deemed to have been accepted in accord-
8.
ance with paragraph 7 shall enter into force 18 months after
its acceptance.

3.
All Contracting States to the 1971 Fund Convention as
amended by this Protocol, whether or not Members of the
Organisation, shall be entitled to participate in the proceedings
of the Legal Committee for the consideration and adoption of
amendments.

9.
All Contracting States shall be bound by the amendment,
unless they denounce this Protocol in accordance with Article
34(1) and (2), at least six months before the amendment enters
into force. Such denunciation shall take effect when the amend-
ment enters into force.

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10. When an amendment has been adopted by the Legal
Committee but the 18-month period for its acceptance has not
yet expired, a State which becomes a Contracting State during
that period shall be bound by the amendment if it enters into
force. A State which becomes a Contracting State after that
period shall be bound by an amendment which has been
accepted in accordance with paragraph 7. In the cases referred
to in this paragraph, a State becomes bound by an amendment
when that amendment enters into force, or when this Protocol
enters into force for that State, if later.

Article 34

Denunciation

This Protocol may be denounced by any Party at any time

1.
after the date on which it enters into force for that Party.

Denunciation shall be effected by the deposit of an instru-

2.
ment with the Secretary-General of the Organisation.

A denunciation shall

take effect 12 months, or such
3.
longer period as may be specified in the instrument of denun-
ciation, after its deposit with the Secretary-General of the Orga-
nisation.

4.
Denunciation of the 1992 Liability Convention shall be
deemed to be a denunciation of this Protocol. Such denuncia-
tion shall take effect on the date on which denunciation of the
Protocol of 1992 to amend the 1969 Liability Convention
takes effect according to Article 16 of that Protocol.

5.
Any Contracting State to this Protocol which has not
denounced the 1971 Fund Convention and the 1969 Liability
Convention as required by Article 31 shall be deemed to have
denounced this Protocol with effect 12 months after the expiry
of the six-month period mentioned in that Article. As from the
date on which the denunciations provided for in Article 31
take effect, any Party to this Protocol which deposits an instru-
ment of ratification, acceptance, approval or accession to the
1969 Liability Convention shall be deemed to have denounced
this Protocol with effect from the date on which such instru-
ment takes effect.

6.
As between the Parties to this Protocol, denunciation by
any of them of the 1971 Fund Convention in accordance with
Article 41 thereof shall not be construed in any way as a
denunciation of the 1971 Fund Convention as amended by this
Protocol.

Article 35

Extraordinary sessions of the Assembly

1.
Any Contracting State may, within 90 days after the
deposit of an instrument of denunciation the result of which it
considers will significantly increase the level of contributions
for the remaining Contracting States, request the Director to
the Assembly. The
convene an extraordinary session of
Director shall convene the Assembly to meet not later than 60
days after receipt of the request.

The Director may convene, on his own initiative, an
2.
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
the remaining
increase in the level of contributions of
Contracting States.

3.
If the Assembly at an extraordinary session convened in
accordance with paragraph 1 or 2 decides that the denuncia-
tion will result in a significant increase in the level of contribu-
tions for the remaining Contracting States, any such State may,
not later than 120 days before the date on which the denuncia-
tion takes effect, denounce this Protocol with effect from the
same date.

Article 36

Termination

This Protocol shall cease to be in force on the date when

1.
the number of Contracting States falls below three.

States which are bound by this Protocol on the day
2.
before the date it ceases to be in force shall enable the Fund to
exercise its functions as described under Article 37 of this
Protocol and shall, for that purpose only, remain bound by this
Protocol.

Article 37

Winding up of the Fund

If this Protocol ceases to be in force, the Fund shall never-

1.
theless:

Notwithstanding a denunciation of this Protocol by a
7.
Party pursuant to this Article, any provisions of this Protocol
relating to the obligations to make contributions under Article
10 of the 1971 Fund Convention as amended by this Protocol
with respect to an incident referred to in Article 12(2)(b), of
that amended Convention and occurring before the denuncia-
tion takes effect shall continue to apply.

(a) meet its obligations in respect of any incident occurring

before the Protocol ceased to be in force;

(b) be entitled to exercise its rights to contributions to the
extent that these contributions are necessary to meet the
obligations under subparagraph (a), including expenses for
the administration of the Fund necessary for this purpose.

16.3.2004

EN

Official Journal of the European Union

L 78/49

The Assembly shall

take all appropriate measures to
2.
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.

For the purposes of this Article the Fund shall remain a

3.
legal person.

Article 38

Depositary

1.
This Protocol and any amendments accepted under
Article 33 shall be deposited with the Secretary-General of the
Organisation.

2.

The Secretary-General of the Organisation shall:

(a) inform all States which have signed or acceded to this

Protocol of:

(i) each new signature or deposit of an instrument

together with the date thereof;

(ii) each declaration and notification under Article 30
including declarations and withdrawals deemed to
have been made in accordance with that Article;

(iii) the date of entry its force of this Protocol;
(iv) the date by which denunciations provided for in

Article 31 are required to be made;

(v) any proposal to amend limits of amounts of compen-
sation which has been made in accordance with
Article 33(1);

(vi) any amendment which has been adopted in accord-

ance with Article 33(4);

(vii) any amendment deemed to have been accepted under
Article 33(7), together with the date on which that
amendment shall enter into force in accordance with
paragraphs 8 and 9 of that Article;

(viii) the deposit of an instrument of denunciation of this
Protocol together with the date of the deposit and the
date on which it takes effect;

(ix) any denunciation deemed to have been made under

Article 34(5);

(x) any communication called for by any Article in this

Protocol;

(b) transmit certified true copies of this Protocol to all Signa-
tory States and to all States which accede to the Protocol.

As soon as this Protocol enters into force, the text shall
3.
be transmitted by the Secretary-General of the Organization to
the Secretariat of the United Nations for registration and publi-
cation in accordance with Article 102 of the Charter of the
United Nations.

Article 39

Languages

This Protocol is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each
text being equally authentic.

DONE AT LONDON this twenty-seventh day of November one
thousand nine hundred and ninety-two.

IN WITNESS WHEREOF the undersigned being duly authorised
for that purpose have signed this Protocol.