Protocol of 2000 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971
Source: https://www.ccaimo.mar.mil.br/secimo/convencoes/Prot2000.pdf, downloaded 20091223
THE CONTRACTING STATES to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (hereinafter the "1971 Fund Convention"),
RECALLING article 43, paragraph 1, of the 1971 Fund Convention which provides that the Convention shall cease to be in force on the date when the number of Contracting States falls below three,
RECALLING ALSO article 42 of the 1971 Fund Convention which provides for measures to be taken in the event of a denunciation the result of which will significantly increase the level of contributions from contributors in remaining Contracting States,
NOTING that denunciations of the 1971 Fund Convention will result in a significant increase in the level of contributions from contributors in remaining Contracting States,
MINDFUL of the need to ensure that at all times the International Oil Pollution Compensation Fund 1971 (hereinafter the "1971 Fund") is able to meet in full its obligations to pay compensation to victims of pollution damage arising from incidents covered by the 1971 Fund Convention,
CONCERNED that further reductions in the contribution base of the 1971 Fund will impair the ability of the 1971 Fund to discharge its obligations,
RECOGNIZING that failure of the 1971 Fund to meet its obligations could adversely affect the credibility of the international regime for liability and compensation for oil pollution damage,
DESIRING to facilitate the orderly termination of the 1971 Fund Convention without undue complication for Contracting States or for victims of oil pollution damage,
REAFFIRMING the provisions of article 43, paragraph 2 and article 44 of the 1971 Fund Convention regarding the obligation of Contracting States and the 1971 Fund with respect to incidents occurring before the 1971 Fund Convention ceases to be in force,
HAVE AGREED AS FOLLOWS:
Article 1
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 "Director" means the Director of the International Oil Pollution Compensation Fund, 1971.
3 "Organization" means the International Maritime Organization.
4 "Secretary-General" means the Secretary-General of the Organization.
Article 2
Article 43, paragraph 1 of the Convention is replaced by the following text:
"This Convention shall cease to be in force:
(a) on the date when the number of Contracting States falls below twenty-five; or
(b) twelve months following the date on which the Assembly or any other body acting on its behalf notes that, according to the information provided by the Director on the basis of the latest available oil reports submitted by Contracting States in accordance with article 15, the total quantity of contributing oil received in the remaining Contracting States by those persons who would be liable to contribute pursuant to article 10 of the Convention falls below 100 million tonnes, whichever is the earlier."
Article 3
1 This Protocol shall be subject to acceptance by Contracting States in accordance with this article.
2 This Protocol shall be deemed to have been accepted six months from the date of its adoption unless, prior to that date, objections to acceptance have been communicated to the Secretary-General by not less than one-third of the States which are Contracting States on that date.
3 An objection to acceptance under paragraph 2 may be withdrawn at any time prior to the date of deemed acceptance in accordance with that paragraph.
4 Contracting States may also indicate their consent to be bound by this Protocol by signing it without reservation as to ratification, acceptance or approval, or by depositing the appropriate instrument with the Secretary-General at any time prior to the expiry of the six-month period specified in paragraph 2.
Article 4
1 This Protocol shall enter into force three months after the date on which it is deemed to have been accepted in accordance with paragraph 2 of article 3.
2 Upon its entry into force this Protocol shall apply to all Contracting States with the exception of those Contracting States which, at least three months before the date of entry into force, have declared that they do not wish to be bound by it.
3 A declaration made under paragraph 2 may be withdrawn at any time prior to the entry into force of this Protocol.
4 A Contracting State which has made a declaration under paragraph 2 and which does not withdraw the declaration prior to the date of entry into force of this Protocol shall be deemed to have denounced the Convention. Such denunciation shall take effect on the date of entry into force of this Protocol, or such earlier date as may be specified by the Contracting State in a communication to the Secretary-General.
Article 5
1 The text of this Protocol shall be communicated by the Secretary-General to all Contracting States immediately after its adoption.
2 A declaration or communication referred to in articles 3 and 4 shall be notified in writing to the Secretary-General. The Secretary-General shall bring each such notification and the date of its receipt to the notice of the Contracting States and the Director.
Article 6
As soon as this Protocol enters into force, a certified true copy thereof shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with article 102 of the Charter of the United Nations.
Article 7
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 September 2000.
IN WITNESS WHEREOF the undersigned being duly authorised for that purpose have signed the present Protocol.
