Merchant Shipping (International Oil Pollution Compensation Fund) Act, 2013 (Act No. 24 of 2013)

Protocol

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

Part A1 : International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971

General Provisions
Purchase cart Previous page Return to chapter overview Next page

 

Article 1

 

For the purposes of this Convention:

 

1. "Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, adopted at Brussels on 29 November 1969.

 

2."Ship", "Person", "Owner", "Oil", "Pollution Damage", "Preventive Measures", "Incident" and "Organization", have the same meaning as in Article I of the Liability Convention, provided however that, for the purposes of these terms, "oil" shall be confined to persistent hydrocarbon mineral oils.

 

3. "Contributing Oil" means crude oil and fuel oil as defined in subparagraphs (a) and (b) below:
(a) "Crude Oil" means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation. It also includes crude oils from which certain distillate fractions have been removed (sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes).
(b) "Fuel Oil" means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the "American Society for Testing and Materials' Specification for Number Four Fuel Oil (Designation D 396-69)", or heavier.

 

4. "Franc" means the unit referred to in Article V. paragraph 9 of the Liability Convention.

 

5. "Ship's tonnage" has the same meaning as in Article V. paragraph 10, of the Liability Convention.

 

6. "Ton", in relation to oil, means a metric ton.

 

7. "Guarantor" means any person providing insurance or other financial security to cover an owner's liability in pursuance of Article VII, paragraph 1, of the Liability Convention.

 

8. "Terminal installation" means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation. including any facility situated off-shore and linked to such site.

 

9. Where an incident consists of a series of occurrences, it shall be treated as having occurred on the date of the first such occurrence.

 

Article 2

 

1. An International Fund for compensation for pollution damage. to be named "The International Oil Pollution Compensation Fund" 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 Liability Convention is inadequate:
(b) to give relief to shipowners in respect of the additional financial burden imposed on them by the Liability Convention, such relief being subject to conditions designed to ensure compliance with safety at sea and other conventions;
(c) to give effect to the related purposes set out in this Convention.

 

2. The Fund shall in each Contracting State 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 Contracting State shall recognize the Director of the Fund (hereinafter referred to as "The Director") as the legal representative of the Fund.

 

Article 3

 

This Convention shall apply:

 

1. With regard to compensation according to Article 4, exclusively to pollution damage caused on the territory including the territorial sea of a Contracting State, and to preventive measures taken to prevent or minimize such damage;

 

2. With regard to indemnification of shipowners and their guarantors according to Article 5, exclusively in respect of pollution damage caused on the territory, including the territorial sea, of a State party to the Liability Convention by a ship registered in or flying the flag of a Contracting State and in respect of preventive measures taken to prevent or minimize such damage.