Consequent upon the cessation of the 1971 Fund Convention on 24 May
2002, this Protocol is considered having ceased with effect from the same date
PROTOCOL
TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND
FOR COMPENSATION FOR OIL POLLUTION DAMAGE, 1971
(London,
19.XI.1976)
The
parties to the present Protocol,
Having
considered the International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage, done at Brussels
on 18 December 1971;
Have
agreed as follows:
For
the purpose of the present Protocol:
1.
"Convention" means the International Convention on the Establishment
of an International Fund for Compensation for Oil Pollution Damage, 1971.
2.
"Liability Convention" has the same meaning as in the Convention.
3.
"Organization" has the same meaning as in the Convention.
4.
"Secretary-General" means the Secretary-General of the Organization.
Article
1, paragraph 4 of the Convention is replaced by the following text:
"Unit of
Account" or "Monetary Unit" means the unit of account or
monetary unit as the case may be, referred to in Article V of the Liability
Convention, as amended by the Protocol thereto adopted on 19 November
1976."
The
amounts referred to in the Convention shall wherever they appear be amended as
follows:
(a)
Article 4:
(i) "450
million francs" is replaced by "30 million units of account or 450
million monetary units";
(ii) "900
million francs" is replaced by "60 million units of account or 900
million monetary units".
(b)
In Article 5:
(i) "1,500
francs" is replaced by "100 units of account or 1,500 monetary
units";
(ii) "125
million francs" is replaced by "8,333,000 units of account or 125
million monetary units";
(iii)
"2,000 francs" is replaced by "133 units of account or 2,000
monetary units";
(iv) "210
million francs" is replaced by "14 million units of account or 210
million monetary units".
(c)
In Article 11, "75 million francs" is replaced by "5 million units of account or 75 million monetary units".
(d)
In Article 12, "15 million francs" is replaced by "1 million units of account or 15 million monetary units".
1.
The present Protocol shall be open for signature by any State which has signed
the Convention or acceded thereto and by any State invited to attend the
Conference to Revise the Unit of Account Provisions in the International
Convention on the Establishment of an International Fund for Compensation for
Oil Pollution Damage, 1971, held in London from 17 to 19 November 1976. The
Protocol shall be open for signature from 1 February 1977 to 31 December 1977
at the Headquarters of the Organization.
2.
Subject to paragraph 4 of this Article, the present Protocol shall be subject
to ratification, acceptance or approval by the States which have signed it.
3.
Subject to paragraph 4 of this Article, this Protocol shall be open for
accession by States which did not sign it.
4.
The present Protocol may be ratified, accepted, approved or acceded to by
States Parties to the Convention.
1.
Ratification, acceptance, approval or accession shall be effected by the
deposit of a formal instrument to that effect with the Secretary-General.
2.
Any instrument of ratification, acceptance, approval or accession deposited
after the entry into force of an amendment to the present Protocol with respect
to all existing Parties or after the completion of all measures required for
the entry into force of the amendment with respect to all existing Parties shall
be deemed to apply to the Protocol as modified by the amendment.
1.
The present Protocol shall enter into force for the States which have ratified,
accepted, approved or acceded to it 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, and
(b) the Secretary-General
has received information in accordance with Article 39 of the Convention that
those persons in such States who would be liable to contribute pursuant to
Article 10 of the Convention have received during the preceding calendar year a
total quantity of at least 750 million tons of contributing oil.
2.
However, the present Protocol shall not enter into force before the Convention
has entered into force.
3.
For each State which subsequently ratifies, accepts, approves or accedes to it,
the present Protocol shall enter into force on the ninetieth day after deposit
by such State of the appropriate instrument.
1.
The present Protocol may be denounced by any Party at any time after the date
on which the Protocol enters into force for that Party.
2.
Denunciation shall be effected by the deposit of an instrument with the
Secretary-General.
3.
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.
1.
A conference for the purpose of revising or amending the present Protocol may
be convened by the Organization.
2.
The Organization shall convene a Conference of Parties to the present Protocol
for the purpose of revising or amending it at the request of not less than
one-third of the Parties.
1.
The present Protocol shall be deposited with the Secretary-General.
2.
The Secretary-General shall:
(a) inform all States which
have signed the present Protocol or acceded thereto of:
(i) each new signature or
deposit of an instrument together with the date thereof;
(ii) the date of entry into
force of the present Protocol;
(iii) the deposit of any
instrument of denunciation of the present Protocol together with the date on
which the denunciation takes effect;
(iv) any amendments to the
present Protocol;
(b) transmit certified true
copies of the present Protocol to all States which have signed the present
Protocol or acceded thereto.