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Art.13 |
Article 13 |
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Art.13.1 |
1. The International Hazardous and Noxious Substances Fund (HNS Fund) is hereby established with the following aims: |
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Art.13.1.a |
(a) to provide compensation for damage in connection with the carriage of hazardous and noxious substances by sea, to the extent that the protection afforded by Chapter II is inadequate or not available; and |
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Art.13.1.b |
(b) to give effect to the related tasks set out in Article 15. |
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Art.13.2 |
2. The HNS Fund shall in each State Party 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 State Party shall recognize the Director as the legal representative of the HNS Fund. |
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Art.24 |
Article 24 |
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Art.24.1x |
The HNS Fund shall have an Assembly and a Secretariat headed by the Director. |
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Art.26 |
Article 26 |
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Art.26.1x |
The functions of the Assembly shall be: |
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Art.26.1x.a |
(a) to elect at each regular session its President and two Vice-Presidents who shall hold office until the next regular session; |
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Art.26.1x.b |
(b) to determine its own rules of procedure, subject to the provisions of this Convention; |
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Art.26.1x.c |
(c) to develop, apply and keep under review internal and financial regulations relating to the aim of the HNS Fund as described in Article 13, paragraph 1(a), and the related tasks of the HNS Fund listed in Article 15; |
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Art.26.1x.d |
(d) 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; |
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Art.26.1x.e |
(e) to adopt the annual budget prepared in accordance with Article 15(b); |
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Art.26.1x.f |
(f) to consider and approve as necessary any recommendation of the Director regarding the scope of definition of contributing cargo; |
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Art.26.1x.g |
(g) to appoint auditors and approve the accounts of the HNS Fund; |
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Art.26.1x.h |
(h) to approve settlements of claims against the HNS Fund, to take decisions in respect of the distribution among claimants of the available amount of compensation in accordance with Article 14 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 damage are compensated as promptly as possible; |
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Art.26.1x.i |
(i) to establish a Committee on Claims for Compensation with at least 7 and not more than 15 members and 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 equitable geographical distribution of members and to ensure that the States Parties are appropriately represented; the Rules of Procedure of the Assembly may be applied, mutatis mutandis , for the work of such subsidiary body; |
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Art.26.1x.j |
(j) to determine which States not party to this Convention, which Associate Members of the Organization and which intergovernmental and international non-governmental organizations shall be admitted to take part, without voting rights, in meetings of the Assembly and subsidiary bodies; |
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Art.26.1x.k |
(k) to give instructions concerning the administration of the HNS Fund to the Director and subsidiary bodies; |
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Art.26.1x.l |
(l) to supervise the proper execution of this Convention and of its own decisions; |
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Art.26.1x.m |
(m) to review every five years the implementation of this Convention with particular reference to the performance of the system for the calculation of levies and the contribution mechanism for domestic trade; and |
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Art.26.1x.n |
(n) to perform such other functions as are allocated to it under this Convention or are otherwise necessary for the proper operation of the HNS Fund. |
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Art.29 |
Article 29 |
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Art.29.1 |
1. The Secretariat shall comprise the Director and such staff as the administration of the HNS Fund may require. |
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Art.29.2 |
2. The Director shall be the legal representative of the HNS Fund. |
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Art.30 |
Article 30 |
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Art.30.1 |
1. The Director shall be the chief administrative officer of the HNS Fund. Subject to the instructions given by the Assembly, the Director shall perform those functions which are assigned to the Director by this Convention, the internal regulations of the HNS Fund and the Assembly. |
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Art.30.2 |
2. The Director shall in particular: |
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Art.30.2.a |
(a) appoint the personnel required for the administration of the HNS Fund; |
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Art.30.2.b |
(b) take all appropriate measures with a view to the proper administration of the assets of the HNS Fund; |
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Art.30.2.c |
(c) collect the contributions due under this Convention while observing in particular the provisions of Article 22, paragraph 2; |
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Art.30.2.d |
(d) to the extent necessary to deal with claims against the HNS Fund and to carry out the other functions of the HNS Fund, employ the services of legal, financial and other experts; |
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Art.30.2.e |
(e) take all appropriate measures for dealing with claims against the HNS Fund, within the limits and on conditions to be laid down in the internal regulations of the HNS Fund, including the final settlement of claims without the prior approval of the Assembly where these regulations so provide; |
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Art.30.2.f |
(f) prepare and submit to the Assembly the financial statements and budget estimates for each calendar year; |
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Art.30.2.g |
(g) prepare, in consultation with the President of the Assembly, and publish a report on the activities of the HNS Fund during the previous calendar year; and |
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Art.30.2.h |
(h) prepare, collect and circulate the documents and information which may be required for the work of the Assembly and subsidiary bodies. |
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Art.34 |
Article 34 |
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Art.34.1x |
The following decisions of the Assembly shall require a two-thirds majority: |
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Art.34.1x.a |
(a) a decision under Article 19, paragraphs 4 or 5 to suspend or reinstate the operation of a separate account; |
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Art.34.1x.b |
(b) a decision under Article 22, paragraph 2, not to take or continue action against a contributor; |
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Art.34.1x.c |
(c) the appointment of the Director under Article 26(d); |
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Art.34.1x.d |
(d) the establishment of subsidiary bodies, under Article 26(i), and matters relating to such establishment; and |
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Art.34.1x.e |
(e) a decision under Article 51, paragraph 1, that this Convention shall continue to be in force. |
