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

Protocol

Part B : Consolidated Text of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992

General Provisions
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Article 1

 

For the purposes of this Convention:

 

1. "1992 Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992.

 

1bis. "1971 Fund Convention" means the International 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 Convention as amended by that Protocol.

 

2. "Ship", "Person", "Owner", "Oil", "Pollution Damage", Preventive Measures", "Incident", and "Organization" have the same meaning as in Article 1 of the 1992 Liability Convention.

 

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."Unit of account" has the same meaning as in Article V. paragraph 9, of the 1992 Liability Convention.

 

5. "Ship's tonnage" has the same meaning as in Article V, paragraph 10, of the 1992 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 1992 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 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 Liability Convention is inadequate;
(b) 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 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 baselines from which the breadth of its territorial sea is measured;
(b) to preventive measures, wherever taken, to prevent or minimize such damage.