Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Considering that it is desirable to amend the
International Convention on Civil Liability for Oil
Pollution Damage, done at Brussels on 29 November 1969,
to provide for improved scope and enhanced compensation,

Recognizing that special provisions are necessary in
connexion with the introduction of corresponding
amendments to the International Convention on the
Establishment of an International Fund for Compensation
for Oil Pollution Damage, 1971,

Have agreed as follows:

Article 1

The Convention which the provisions of this Protocol
amend is the International Convention on Civil Liability
for Oil Pollution Damage 1969, hereinafter referred to as
the "1969 Liability Convention". For States Parties to
the Protocol of 1976 to the 1969 Liability Convention
such reference shall be deemed to include the 1969
Liability Convention as amended by that Protocol.

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

1. "Ship" means any sea-going vessel and sea-borne craft
of any type whatsoever constructed or adapted for the
carriage of oil in bulk as cargo, provided that a ship
capable of carrying oil and other cargoes shall be
regarded as a ship only when it is actually carrying oil
in bulk as cargo and during any voyage following such
carriage unless it is proved that it has no residues of
such carriage of oil in bulk aboard.

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(a) loss or damage caused outside the ship by
contamination resulting from the escape or discharge of
oil from the ship, wherever such escape or discharge may
occur, provided that compensation for impairment of the
environment other than loss of profit from such
impairment shall be limited to costs of reasonable
measures of reinstatement actually undertaken or to be
undertaken;

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

10. "1969 Liability Convention" means the International
Convention on Civil Liability for Oi
Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

10. "1969 Liability Convention" means the International
Convention on Civil Liability for Oil Pollution Damage,
1969. For States Parties to the Protocol of 1976 to that
Convention, the term shall be deemed to include the 1969
Liability Convention as amended by that Protocol.

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

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.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

1. Except as provided in paragraphs 2 and 3 of this
Article, the owner of a ship at the time of an incident,
or where the incident consists of a series of occurrences
at the time of the first such occurrence, shall be liable
for any pollution damage caused by the ship as a result
of the incident.

2. Paragraph 4 is replaced by the following text:

4. No claim for compensation for pollution damage may be
made against the owner otherwise than in accordance with
this Convention. Subject to paragraph 5 of this Article,
no claim for compensation for pollution damage under this
Convention or otherwise may be made against:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

(f) all servants or agents of persons mentioned in
subparagraphs (c), (d) and (e); unless the damage
resulted from their personal act or omission, committed
with the intent to cause such damage, or recklessly and
with knowledge that such damage would probably result.

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

When an incident involving two or more ships occurs and
pollution damage results therefrom, the owners of all the
ships concerned, unless exonerated under Article III,
shall be jointly and severally liable for all such damage
which is not reasonably separable.

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

(b) for a ship with a tonnage in excess thereof, for each
additional unit of tonnage, 420 units of account in
addition to the amount mentioned in subparagraph (a);
provided, however, that this aggregate amount shall not
in any event exceed 59.7 million units
of account.

2. Paragraph 2 is replaced by the following text:

2. The owner shall not be entitled to limit his liability
under this Convention if it is proved that the pollution
damage resulted from his personal act or omission,
committed with the intent to cause such damage or
recklessly and with knowledge that such damage would
probably result.

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
ot
Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

This Convention shall apply exclusively:

(b) to preventive measures, wherever taken, to prevent or
minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 4 is replaced by the following text:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

2. Paragraph 2 is replaced by the following text:

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
other competent authority of any one of the Contracting
States in which action is brought under Article IX or, if
no action is brought, with any Court or other competent
authority in any one of the Contracting States in which
an action can be brought under Article IX. The fund can
be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the
fund is constituted, and considered to be adeguate by
the Court or other competent authority.

4. Paragraph 9 is replaced by the following text:

9 (a). The "unit of account" referred to in paragraph 1
of this Article is the Special Drawing Right as defined
by the International Monetary Fund. The amounts mentioned
in paragraph 1 shall be converted into national currency
on the basis of the value of that currency by reference
to the Special Drawing Right on the date of the
constitution of the fund referred to in paragraph 3. The
value of the national currency, in terms of the Special
Drawing Right, of a Contracting State which is a member
of the International Monetary Fund, shall be calculated
in accordance with the method of valuation applied by the
International Monetary Fund in effect on the date in
question for its operations and transactions. The value
of the national currency, in terms of the Special Drawing
Right, of a Contracting State which is not a member of
the International Monetary Fund, shall be calculated in a
manner determined by that State.

9 (b). Nevertheless, a Contracting State which is not a
member of the International Monetary Fund and whose law
does not permit the application of the provisions of
paragraph 9 (a) may, at the time of ratification,
acceptance, approval of or accession to this Convention
or at any time thereafter, declare that the unit of
account referred to in paragraph 9 (a) shall be equal to
15 gold francs. The gold franc referred to in this
paragraph corresponds to sixty-five and a half
milligrammes of gold of millesimal fineness nine hundred.
The conversion of the gold franc into the national
currency shall be made according to the law of the State
concerned.

9 (c). The calculation mentioned in the last sentence of
paragraph 9 (a) and the conversion mentioned in paragraph
9 (b) shall be made in such manner as to express in the
national currency of the Contracting State as far as
possible the same real value for the amounts in paragraph
1 as would result from the application of the first three
sentences of paragraph 9 (a). Contracting States shall
communicate to the depositary the manner of calculation
pursuant to paragraph 9 (a), or the result of the
conversion in paragraph 9 (b) as the case may be, when
depositing an instrument of ratification, acceptance,
approval of or accession to this Convention and
whenever there is a change in either.

5. Paragraph 10 is replaced by the following text:

10. For the purpose of this Article the ship's tonnage
shall be the gross tonnage calculated in accordance with
the tonnage measurement regulations contained in Annex I
of the International Convention on Tonnage Measurement of
Ships, 1969.

6. The second sentence of paragraph 11 is replaced by the
following text:

Such a fund may be constituted even if, under the
provisions of paragraph 2, the owner is not entitled to
limit his liability, but its constitution shall in that
case not prejudice the rights of any claimant against the
owner.

Article 7

Article VII of the 1969 Liability Convention is amended
as follows:

1. The first two sentences of paragraph 2 are
replaced by the following text:

A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of
this Convention shall be issued to each ship after the
appropriate authority of a Contracting State has
determined that the requirements of paragraph I have been
complied with. With respect to a ship registered in a
Contracting State such certificate shall be issued or
certified by t
Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

This Convention shall apply exclusively:

(b) to preventive measures, wherever taken, to prevent or
minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 4 is replaced by the following text:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

2. Paragraph 2 is replaced by the following text:

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
other competent authority of any one of the Contracting
States in which action is brought under Article IX or, if
no action is brought, with any Court or other competent
authority in any one of the Contracting States in which
an action can be brought under Article IX. The fund can
be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the
fund is constituted, and considered to be adeguate by
the Court or other competent authority.

4. Paragraph 9 is replaced by the following text:

5. Paragraph 10 is replaced by the following text:

6. The second sentence of paragraph 11 is replaced by the
following text:

Article 7

Article VII of the 1969 Liability Convention is amended
as follows:

1. The first two sentences of paragraph 2 are
replaced by the following text:

A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of
this Convention shall be issued to each ship after the
appropriate authority of a Contracting State has
determined that the requirements of paragraph I have been
complied with. With respect to a ship registered in a
Contracting State such certificate shall be issued or
certified by the appropriate authority of the State of
the ship's registry; with respect to a ship not
registered in a Contracting State it may be issued or
certified by the appropriate authority of any Contracting
State.

2. Paragraph 4 is replaced by the following text:

4. The certificate shall be carried on board the ship and
a copy shall be deposited with the authorities who keep
the record of the ship's registry or, if the ship is not
registered in a Contracting State, with the authorities
of the State issuing or certifying the certificate.

3. The first sentence of paragraph 7 is replaced by the
following text:

Certificates issued or certified under the authority of a
Contracting State in accordance with paragraph 7 shall be
accepted by other Contracting States for the purposes of
this Convention and shall be regarded by other
Contracting States as having the same force as
certificates issued or certified by them even if issued
or certified in respect of a ship not registered in a
Contracting State.

4. In the second sentence of paragraph 7 the words "with
the State of a ship's registry" are replaced by the words
"with the issuing or certifying State".

5. The second sentence of paragraph 8 is replaced by the
following text:

In such case the defendant may, even if the owner is not
entitled to limit his liability according to Article V,
paragraph 2, avail himself of the limits of liability
prescribed in Article V, paragraph 1.

Article 8

Article IX of the 1969 Liability Convention is amended as
follows: Paragraph 1 is replaced by the following text:

1. Where an incident has caused pollution damage in the
territory including the territorial sea or an area
referred to in Article II, of one or more Contracting
States or preventive measures have been taken to prevent
or minimize pollution damage in such territory including
the territorial sea or area, actions for compensation may
only be brought in the Courts of any such Contracting
State or States. Reasonable notice of any such action
shall be given to the defendant.

Article 9

After Article XII of the 1969 Liability Convention two
new Articles are inserted as follows: Article XII bis
Transitional provisions The following transitional
provisions shall apply in the case of a State which at
the time of an incident is a Party both to this
Convention and to the 1969 Liability Convention:

(a) where an incident has caused pollution damage within
the scope of this Convention, liability under this
Convention shall be deemed to be discharged if, and to
the extent that, it also arises under the 1969 Liability
Convention;

(b) where an incident has caused pollution damage within
the scope of this Convention, and the State is a Party
both to this Convention and to the International
Convention on the establishment of an International Fund
for Compensation for Oil Pollution Damage, 1971,
liability remaining to be discharged after the applica-
tion of subparagraph (a) of this Article shall arise
under this Convention only to the extent that pollution
damage remains uncompensated after application of the
said 1971 Convention;

(c) in the application of Article III, paragraph 4, of
this Convention the expression "this Convention" shall be
interpreted as referring to this Convention or the 1969
Liability Convention, as appropriate; (d) in the
application of Article V, paragraph 3, of this Convention
the total sum of the fund to be constituted shall be
reduced by the amount by which liability has been deemed
to be discharged in accordance with subparagraph (a) of
this Article. Article XII ter
Final clauses. The final clauses of this Convention shall
be Articles 12 to 18 of the Protocol of 1984 to amend the
1969 Liability Convention. References in this Convention
to Contracting States shall be taken to mean references
to the Contracting States of that Protocol.

Article 10

The model of a certificate annexed to the 1969 Liability
Convention is replaced by the model annexed to this
Protocol.

Article 11

1. The 1969 Liability Conv
Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

This Convention shall apply exclusively:

(b) to preventive measures, wherever taken, to prevent or
minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 4 is replaced by the following text:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

2. Paragraph 2 is replaced by the following text:

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
other competent authority of any one of the Contracting
States in which action is brought under Article IX or, if
no action is brought, with any Court or other competent
authority in any one of the Contracting States in which
an action can be brought under Article IX. The fund can
be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the
fund is constituted, and considered to be adeguate by
the Court or other competent authority.

4. Paragraph 9 is replaced by the following text:

5. Paragraph 10 is replaced by the following text:

6. The second sentence of paragraph 11 is replaced by the
following text:

Article 7

Article VII of the 1969 Liability Convention is amended
as follows:

1. The first two sentences of paragraph 2 are
replaced by the following text:

A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of
this Convention shall be issued to each ship after the
appropriate authority of a Contracting State has
determined that the requirements of paragraph I have been
complied with. With respect to a ship registered in a
Contracting State such certificate shall be issued or
certified by the appropriate authority of the State of
the ship's registry; with respect to a ship not
registered in a Contracting State it may be issued or
certified by the appropriate authority of any Contracting
State.

2. Paragraph 4 is replaced by the following text:

3. The first sentence of paragraph 7 is replaced by the
following text:

4. In the second sentence of paragraph 7 the words "with
the State of a ship's registry" are replaced by the words
"with the issuing or certifying State".

5. The second sentence of paragraph 8 is replaced by the
following text:

Article 8

Article IX of the 1969 Liability Convention is amended as
follows: Paragraph 1 is replaced by the following text:

Article 9

Article 10

The model of a certificate annexed to the 1969 Liability
Convention is replaced by the model annexed to this
Protocol.

Article 11

1. The 1969 Liability Convention and this Protocol shall,
as between the Parties to this Protocol, be read and
interpreted together as one single instrument.

2. Articles I to XII ter, including the model
certificate, of the 1969 Liability Convention as amended
by this Protocol shall be known as the International
Convention on Civil Liability for Oil Pollution Damage,
1984 (1984 Liability Convention).

FINAL CLAUSES

Article 12

Signature, ratification, etc.

1. This Protocol shall be open for signature at London
from 1 December 1984 to 30 November 1985 by all States.

2. Subject to paragraph 4, any State may become a Party
to this Protocol by:

(a) signature subject to ratification, acceptance or
approval followed by ratification, acceptance or
approval; or

(b) accession.

3. Ratification, acceptance, approval or accession shall
be effected by the deposit of a formal instrument to that
effect with the Secretary-General of the Organization.

4. Any Contracting State to the International Convention
on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1971, hereinafter
referred to as the 1971 Fund Convention, may ratify,
accept, approve or accede to this Protocol only if it
ratifies, accepts, approves or accedes to the Protocol of
1984 to amend that Convention at the same time, unless it
denounces the 1971 Fund Convention to take effect on the
date when this Protocol enters into force for that State.

5. A State which is a Party to this Protocol but not a
Party to the 1969 Liability Convention shall be bound by
the provisions of the 1969 Liability Convention as
amended by this Protocol in relation to other States
Parties hereto, but shall not be bound by the provisions
of the 1969 Liability Convention in relation to States
Parties thereto.

6. Any instrument of ratification, acceptance, approval
or accession deposited after the entry into force of an
amendment to the 1969 Liability Convention as amended by
this Protocol shall be deemed to apply to the Convention
so amended, as modified by such amendment.

Article 13

Entry into force

1. This Protocol shall enter into force twelve months
following the date on which ten States including six
States each with not less than one million units of gross
tanker tonnage have deposited instruments of
ratification, acceptance, approval or accession with the
Secretary-General of the Organization.

2. However, any Contracting State to the 1971 Fund
Convention may, at the time of the deposit of its
instrument of ratification, acceptance, approval or
accession in respect of this Protocol, declare that such
instrument shall be deemed not to be effective for the
purposes of this Article until the end of the six-month
period in Article 31 of the Protocol of 1984 to amend the
1971 Fund Convention. A State which is not a Contracting
State to the 1971 Fund Convention but which deposits an
instrument of ratification, acceptance, approval or
accession in respect of the Protocol of 1984 to amend the
1971 Fund Convention may also make a declaration in
accordance with this paragraph at the same time.

3. Any State which has made a declaration in accordance
with the preceding paragraph may withdraw it at any time
by means of notification addressed to the Secretary-
General of the Organization. Any such withdrawal shall
take effect on the date the notification is received,
provided that such State shall be deemed to have
deposited its instrument of ratification, acceptance,
approval or accession in respect of this Protocol on that
date.

4. For any State which ratifies, accepts, approves or
accedes to it after the conditions in paragraph 1 for
entry into force have been met, this Protocol shall enter
into force twelve months following the date of deposit by
such State of the appropriate instrument.

Article 14

Revision and amendment

1. A Conference for the purpose of revising or amending
the 1984 Liability Convention may be convened by the
Organization.

2. The Organization shall convene a Conference of
Contracting States fo
Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

This Convention shall apply exclusively:

(b) to preventive measures, wherever taken, to prevent or
minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 4 is replaced by the following text:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

2. Paragraph 2 is replaced by the following text:

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
other competent authority of any one of the Contracting
States in which action is brought under Article IX or, if
no action is brought, with any Court or other competent
authority in any one of the Contracting States in which
an action can be brought under Article IX. The fund can
be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the
fund is constituted, and considered to be adeguate by
the Court or other competent authority.

4. Paragraph 9 is replaced by the following text:

5. Paragraph 10 is replaced by the following text:

6. The second sentence of paragraph 11 is replaced by the
following text:

Article 7

Article VII of the 1969 Liability Convention is amended
as follows:

1. The first two sentences of paragraph 2 are
replaced by the following text:

A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of
this Convention shall be issued to each ship after the
appropriate authority of a Contracting State has
determined that the requirements of paragraph I have been
complied with. With respect to a ship registered in a
Contracting State such certificate shall be issued or
certified by the appropriate authority of the State of
the ship's registry; with respect to a ship not
registered in a Contracting State it may be issued or
certified by the appropriate authority of any Contracting
State.

2. Paragraph 4 is replaced by the following text:

3. The first sentence of paragraph 7 is replaced by the
following text:

4. In the second sentence of paragraph 7 the words "with
the State of a ship's registry" are replaced by the words
"with the issuing or certifying State".

5. The second sentence of paragraph 8 is replaced by the
following text:

Article 8

Article IX of the 1969 Liability Convention is amended as
follows: Paragraph 1 is replaced by the following text:

Article 9

Article 10

The model of a certificate annexed to the 1969 Liability
Convention is replaced by the model annexed to this
Protocol.

Article 11

1. The 1969 Liability Convention and this Protocol shall,
as between the Parties to this Protocol, be read and
interpreted together as one single instrument.

FINAL CLAUSES

Article 12

Signature, ratification, etc.

1. This Protocol shall be open for signature at London
from 1 December 1984 to 30 November 1985 by all States.

2. Subject to paragraph 4, any State may become a Party
to this Protocol by:

(a) signature subject to ratification, acceptance or
approval followed by ratification, acceptance or
approval; or

(b) accession.

3. Ratification, acceptance, approval or accession shall
be effected by the deposit of a formal instrument to that
effect with the Secretary-General of the Organization.

Article 13

Entry into force

Article 14

Revision and amendment

1. A Conference for the purpose of revising or amending
the 1984 Liability Convention may be convened by the
Organization.

2. The Organization shall convene a Conference of
Contracting States for the purpose of revising or
amending the 1984 Liability Convention at the request of
not less than one-third of the Contracting States.

Article 15

Amendments of limitation amounts

1. Upon the request of at least one-quarter of the
Contracting States any proposal to amend the limits of
liability laid down in Article V, paragraph 1, of the
Convention as amended by this Protocol shall be
circulated by the Secretary-General to all Members of the
Organization and to all Contracting States.

2. Any amendment proposed and circulated as above shall
be submitted to the Legal Committee of the Organization
for consideration at a date at least six months after the
date of its circulation.

3. All Contracting States to the Convention as amended by
this Protocol, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the Legal Committee for the consideration
and adoption of amendments.

4. Amendments shall be adopted by a two-thirds majority
of the Contracting States present and voting in the Legal
Committee, expanded as provided for in paragraph 3, on
condition that at least one-half of the Contracting
States shall be present at the time of voting.

5. When acting on a proposal to amend the limits, the
Committee shall take into account the experience of
incidents and in particular the amount of damage
resulting therefrom, changes in the monetary values and
the effect of the proposed amendment on the cost of
insurance. It shall also take into account the
relationship between the limits in Article V, paragraph
1, of the Convention as amended by this Protocol and
those in paragraph 4 of Article 4 of the International
Convention on the Establishment of an International Fund
for Compensation for Oil Pollution Damage, 1984.

6 (a). No amendment of the limits of liability under this
Article may be considered less than five years from the
date of entry into force of a previous amendment under
this Article. No amendment under this Article shall be
considered before this Protocol has entered into force.

(b). No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the
Convention as amended by this Protocol increased by 6 per
cent per year calculated on a compound basis from the
date on which this Protocol was opened for signature.

(c) No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the
Convention as amended by this Protocol multiplied by 3.

7. Any amendment adopted in accordance with paragraph 4
shall be notified by the Organization to all Contracting
States. The amendment shall be deemed to have been
accepted at the end of a period of eighteen months after
the date of notification, unless within that period not
less than one-quarter of the States that were Contracting
States at the time of the adoption of the amendment by
the Committee have communicated to the Organization that
they do not accept the amendment in which case the
amendment is rejected and shall have no effect.

8. An amendment deemed to have been accepted in
accordance with paragraph 7 shall enter into force
eighteen months after its acceptance.

9. All Contracting States shall be bound by the
amendment, unless they denounce this Protocol in
accordance with Article 16, paragraphs 1 and 2, at least
six months before the amendment enters into force. Such
denunciation shall take effect when the amendment enters
into force.

10. When an amendment has been adopted by the Committee
but the eighteen-month period for its acceptance has not
yet expired, a State which becomes a Contracting State
during that period shall be bound by the amendment if it
enters into force. A State which becomes a Contracting
State after that period shall be bound by an amendment
which has been accepted in accordance with paragraph
7. In the cases referred to in this paragraph, a State
becomes bound by an amendment when that amendment enters
into force, or when this Protocol enters into force for
that State,
Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File

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Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

This Convention shall apply exclusively:

(b) to preventive measures, wherever taken, to prevent or
minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 4 is replaced by the following text:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

2. Paragraph 2 is replaced by the following text:

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
other competent authority of any one of the Contracting
States in which action is brought under Article IX or, if
no action is brought, with any Court or other competent
authority in any one of the Contracting States in which
an action can be brought under Article IX. The fund can
be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the
fund is constituted, and considered to be adeguate by
the Court or other competent authority.

4. Paragraph 9 is replaced by the following text:

5. Paragraph 10 is replaced by the following text:

6. The second sentence of paragraph 11 is replaced by the
following text:

Article 7

Article VII of the 1969 Liability Convention is amended
as follows:

1. The first two sentences of paragraph 2 are
replaced by the following text:

A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of
this Convention shall be issued to each ship after the
appropriate authority of a Contracting State has
determined that the requirements of paragraph I have been
complied with. With respect to a ship registered in a
Contracting State such certificate shall be issued or
certified by the appropriate authority of the State of
the ship's registry; with respect to a ship not
registered in a Contracting State it may be issued or
certified by the appropriate authority of any Contracting
State.

2. Paragraph 4 is replaced by the following text:

3. The first sentence of paragraph 7 is replaced by the
following text:

4. In the second sentence of paragraph 7 the words "with
the State of a ship's registry" are replaced by the words
"with the issuing or certifying State".

5. The second sentence of paragraph 8 is replaced by the
following text:

Article 8

Article IX of the 1969 Liability Convention is amended as
follows: Paragraph 1 is replaced by the following text:

Article 9

Article 10

The model of a certificate annexed to the 1969 Liability
Convention is replaced by the model annexed to this
Protocol.

Article 11

1. The 1969 Liability Convention and this Protocol shall,
as between the Parties to this Protocol, be read and
interpreted together as one single instrument.

FINAL CLAUSES

Article 12

Signature, ratification, etc.

1. This Protocol shall be open for signature at London
from 1 December 1984 to 30 November 1985 by all States.

2. Subject to paragraph 4, any State may become a Party
to this Protocol by:

(a) signature subject to ratification, acceptance or
approval followed by ratification, acceptance or
approval; or

(b) accession.

3. Ratification, acceptance, approval or accession shall
be effected by the deposit of a formal instrument to that
effect with the Secretary-General of the Organization.

Article 13

Entry into force

Article 14

Revision and amendment

1. A Conference for the purpose of revising or amending
the 1984 Liability Convention may be convened by the
Organization.

Article 15

Amendments of limitation amounts

2. Any amendment proposed and circulated as above shall
be submitted to the Legal Committee of the Organization
for consideration at a date at least six months after the
date of its circulation.

(c) No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the
Convention as amended by this Protocol multiplied by 3.

8. An amendment deemed to have been accepted in
accordance with paragraph 7 shall enter into force
eighteen months after its acceptance.

Article 16

Denunciation

1. This Protocol may be denounced by any Party at any
time after the date on which it enters into force for
that Party.

2. Denunciation shall be effected by the deposit of an
instrument with the Secretary-General of the
Organization.

3. A denunciation shall take effect twelve months, or
such longer period as may be specified in the instrument
of denunciation, after its deposit with the Secretary-
General of the Organization.

4. As between the Parties to this Protocol, denunciation
by any of them of the 1969 Liability Convention in
accordance with Article XVI thereof shall not be
construed in any way as a denunciation of the 1969
Liability Convention as amended by this Protocol.

5. Denunciation of the Protocol of 1984 to amend the 1971
Fund Convention by a State which remains a Party to the
1971 Fund Convention shall be deemed to be a denunciation
of this Protocol. Such denunciation shall take effect on
the date on which denunciation of the Protocol of 1984 to
amend the 1971 Fund Convention takes effect according to
Article 34 of that Protocol.

Article 17

Depositary

1. This Protocol and any amendments accepted under
Article 15 shall be deposited with the Secretary-General
of the Organization.

2. The Secretary-General of the Organization shall:

(a) inform all States which have signed or acceded to
this Protocol of:
(i) each new signature or deposit of an instrument
together with the date thereof;
(ii) each declaration and notification under Article 13
and each declaration and communication under Article V,
paragraph 9, of the 1984 Liability Convention;
(iii) the date of entry into force of this Protocol;
(iv) any proposal to amend limits of liability which has
been made in accordance with Article 15, paragraph 1;
(v) any amendment which has been adopted in accordance
with Article 15, paragraph 4;
(vi) any amendment deemed to have been accepted under
Article 15, paragraph 7, together with the date on which
that amendment shall enter into force in accordance with
paragraphs 8 and 9 of that Article;
(vii) the deposit of any instrument of denunciation of
this Protocol together with the date of the deposit and
the date on which it takes effect;
(viii) any denunciation deemed to have been made under
Article 16, paragraph 5;
(ix) any communication called for by any Article of this
Protocol.

(b) transmit certified true copies of this Protocol to
all Signatory States and to all States which accede to
this Protocol.

3. As soon as this Protocol enters into force, the text
shall be transmitted by the Secretary-General of the
Organization to the Secretariat of the United Nations for
registration and publication in accordance with Article
102 of the Charter of the United Nations.

Article 18

Languages

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-fifth day of May one thousand
nine hundred and eighty-four.

In Witness whereof the undersigned, being duly authorized
by their respective Governments for that purpose, have
signed this Protocol.

Annex - Certificate of Insurance or Other Financial
Security in Respect of Civil Liability for Oil Pollution
Damage
omissis.

Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage (London, 25 May 1984)

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

Protocol to Amend the International Convention on
Civil Liability for Oil Pollution Damage
(London, 25 May 1984)

The States Parties to the present Protocol,

Have agreed as follows:

Article 1

Article 2

Article 1 of the 1969 Liability Convention is amended as
follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 5 is replaced by the following text:

5. "Oil" means any persistent hydrocarbon mineral oil
such as crude oil, fuel oil, heavy diesel oil and
lubricating oil, whether carried on board a ship as cargo
or in the bunkers of such a ship.

3. Paragraph 6 is replaced by the following text:

6. "Pollution damage" means:

(b) the costs of preventive measures and further loss or
damage caused by preventive measures.

4. Paragraph 8 is replaced by the following text:

8. "Incident" means any occurrence, or series of
occurrences having the same origin, which causes
pollution damage or creates a grave and imminent threat
of causing such damage.

5. Paragraph 9 is replaced by the following text:

9. "Organization" means the International Maritime
Organization. 6. After paragraph 9 a new paragraph is
inserted reading as follows:

Article 3

Article 11 of the 1969 Liability Convention is replaced
by the following text:

This Convention shall apply exclusively:

(b) to preventive measures, wherever taken, to prevent or
minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended
as follows:

1. Paragraph 1 is replaced by the following text:

2. Paragraph 4 is replaced by the following text:

(a) the servants or agents of the owner or the members of
the crew;

(b) the pilot or any other person who, without being a
member of the crew, performs services for the ship;

(d) any person performing salvage operations with the
consent of the owner or on the instructions of a
competent public authority;

(e) any person taking preventive measures;

Article 5

Article IV of the 1969 Liability Convention is replaced
by the following text:

Article 6

Article V of the 1969 Liability Convention is amended as
follows: 1. Paragraph 1 is replaced by the following
text:

1. The owner of a ship shall be entitled to limit his
liability under this Convention in respect of any one
incident to an aggregate amount calculated as follows:

(a) 3 million units of account for a ship not exceeding
5,000 units of tonnage;

2. Paragraph 2 is replaced by the following text:

3. Paragraph 3 is replaced by the following text:

3. For the purpose of availing himself of the benefit of
limitation provided for in paragraph 1 of this Article
the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or
other competent authority of any one of the Contracting
States in which action is brought under Article IX or, if
no action is brought, with any Court or other competent
authority in any one of the Contracting States in which
an action can be brought under Article IX. The fund can
be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the
fund is constituted, and considered to be adeguate by
the Court or other competent authority.

4. Paragraph 9 is replaced by the following text:

5. Paragraph 10 is replaced by the following text:

6. The second sentence of paragraph 11 is replaced by the
following text:

Article 7

Article VII of the 1969 Liability Convention is amended
as follows:

1. The first two sentences of paragraph 2 are
replaced by the following text:

A certificate attesting that insurance or other financial
security is in force in accordance with the provisions of
this Convention shall be issued to each ship after the
appropriate authority of a Contracting State has
determined that the requirements of paragraph I have been
complied with. With respect to a ship registered in a
Contracting State such certificate shall be issued or
certified by the appropriate authority of the State of
the ship's registry; with respect to a ship not
registered in a Contracting State it may be issued or
certified by the appropriate authority of any Contracting
State.

2. Paragraph 4 is replaced by the following text:

3. The first sentence of paragraph 7 is replaced by the
following text:

4. In the second sentence of paragraph 7 the words "with
the State of a ship's registry" are replaced by the words
"with the issuing or certifying State".

5. The second sentence of paragraph 8 is replaced by the
following text:

Article 8

Article IX of the 1969 Liability Convention is amended as
follows: Paragraph 1 is replaced by the following text:

Article 9

Article 10

The model of a certificate annexed to the 1969 Liability
Convention is replaced by the model annexed to this
Protocol.

Article 11

1. The 1969 Liability Convention and this Protocol shall,
as between the Parties to this Protocol, be read and
interpreted together as one single instrument.

FINAL CLAUSES

Article 12

Signature, ratification, etc.

1. This Protocol shall be open for signature at London
from 1 December 1984 to 30 November 1985 by all States.

2. Subject to paragraph 4, any State may become a Party
to this Protocol by:

(a) signature subject to ratification, acceptance or
approval followed by ratification, acceptance or
approval; or

(b) accession.

3. Ratification, acceptance, approval or accession shall
be effected by the deposit of a formal instrument to that
effect with the Secretary-General of the Organization.

Article 13

Entry into force

Article 14

Revision and amendment

1. A Conference for the purpose of revising or amending
the 1984 Liability Convention may be convened by the
Organization.

Article 15

Amendments of limitation amounts

2. Any amendment proposed and circulated as above shall
be submitted to the Legal Committee of the Organization
for consideration at a date at least six months after the
date of its circulation.

(c) No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the
Convention as amended by this Protocol multiplied by 3.

8. An amendment deemed to have been accepted in
accordance with paragraph 7 shall enter into force
eighteen months after its acceptance.

Article 16

Denunciation

1. This Protocol may be denounced by any Party at any
time after the date on which it enters into force for
that Party.

2. Denunciation shall be effected by the deposit of an
instrument with the Secretary-General of the
Organization.

3. A denunciation shall take effect twelve months, or
such longer period as may be specified in the instrument
of denunciation, after its deposit with the Secretary-
General of the Organization.

Article 17

Depositary

1. This Protocol and any amendments accepted under
Article 15 shall be deposited with the Secretary-General
of the Organization.

2. The Secretary-General of the Organization shall:

(b) transmit certified true copies of this Protocol to
all Signatory States and to all States which accede to
this Protocol.

Article 18

Languages

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-fifth day of May one thousand
nine hundred and eighty-four.

In Witness whereof the undersigned, being duly authorized
by their respective Governments for that purpose, have
signed this Protocol.

Annex - Certificate of Insurance or Other Financial
Security in Respect of Civil Liability for Oil Pollution
Damage
omissis.