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Protocol to Amend the International Convention on 
the Establishment of an International Fund for 
Compensation 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 the Establishment of an 
International Fund for Compensation for Oil Pollution 
Damage, done at Brussels on 18 December 1971, to provide 
for improved scope and enhanced compensation,

Recognizing the advantage for the States Parties of 
arranging for the amended Convention to coexist with and 
be supplementary to the original Convention for a 
transitional period,

Convinced that the economic consequences of pollution 
damage resulting from the carriage of oil in bulk at sea 
by ships should continue to be shared by the shipping 
industry and by the oil cargo interests,

Bearing in mind the adoption of the Protocol of 1984 to 
amend the International Convention on Civil Liability for 
Oil Pollution Damage, 1969,

Have agreed as follows:


Article I

The Convention which the provisions of this Protocol 
amend is 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". For States Parties to the 
Protocol of 1976 to the 1971 Fund Convention, such 
reference shall be deemed to include the 1971 Fund 
Convention as amended by that Protocol.


Article 2

Article 1 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 1 is replaced by the following text:

1. "1984 Liability Convention" means the International 
Convention on Civil Liability for Oil Pollution Damage, 
1984.

2. After paragraph 1 a new paragraph is inserted as 
follows:

1 bis. "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.

3. Paragraph 2 is replaced by the following text:

2. "Ship", "Person", "Owner", "Oil", "Pollution Damage", 
"Preventive Measures", "Incident" and "Organization" have 
the same meaning as in Article I of the 1984 Liability 
Convention.

4. Paragraph 4 is replaced by the following text:

4. "Unit of account" has the same meaning as in Article 
V, paragraph 9, of the 1984 Liability Convention.

5. Paragraph 5 is replaced by the following text:

5. "Ship's tonnage" has the same meaning as in Article V, 
paragraph 10 of the 1984 Liability Convention.

6. Paragraph 7 is replaced by the following text:

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 1984 
Liability Convention. 


Article 3

Article 2 of the 1971 Fund Convention is amended as 
follows: Paragraph 1 is replaced by the following text:

1. An International Fund for compensation for pollution 
damage, to be named "The International Oil Pollution 
Compensation Fund 1984" 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 1984 Liability 
Convention is inadequate;

(b) to give effect to the related purposes set out in 
this Convention.


Article 4

Article 3 of the 1971 Fund 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 5

The heading to Articles 4 to 9 of the 1971 Fund 
Convention is amended by deleting the words "and 
indemnification".


Article 6

Article 4 of the 1971 Fund Convention is amended as 
follows:

1. In paragraph 1 the five references to "the Liability 
Convention" are replaced by references to "the 1984 
Liability Convention".

2. Paragraph 3 is replaced by the following text:

3. If the Fund proves that the pollution damage resulted 
wholly or partially either from an act or omission done 
with the intent to cause damage by the person who 
suffered the damage or from the negligence of that 
person, the Fund may be exonerated wholly or partially 
from its obligation to pay compensation to such person. 
The Fund shall in any event be exonerated to the extent 
that the shipowner may have been exonerated under Article 
III, paragraph 3, of the 1984 Liability Convention. 
However, there shall be no such exoneration of the Fund 
with regard to preventive measures.

3. Paragraph 4 is replaced by the following text:

4. (a) Except as otherwise provided in subparagraphs (b) 
and (c) of this paragraph, the aggregate amount of 
compensation payable by the Fund under this Article shall 
in respect of any one incident be limited, so that the 
total sum of that amount and the amount of compensation 
actually paid under the 1984 Liability Convention for 
pollution damage within the scope of application of this 
Convention as defined in Article 3 shall not exceed 135 
million units of account. 

(b) Except as otherwise provided in subparagraph (c), the 
aggregate amount of compensation payable by the Fund 
under this Article for pollution damage resulting from a 
natural phenomenon of an exceptional, inevitable and 
irresistible character shall not exceed 135 million units 
of account.

(c) The maximum amount of compensation referred to in 
subparagraphs (a) and (b) shall be 200 million units of 
account with respect to any incident occurring during any 
period when there are three Parties to this Convention in 
respect of which the combined relevant quantity of 
contributing oil received by persons in the territories 
of such Parties, during the preceding calendar year, 
equaled or exceeded 600 million tons.

(d) Interest accrued on a fund constituted in accordance 
with Article V, paragraph 3, of the 1984 Liability 
Convention, if any, shall not be taken into account for 
the computation of the maximum compensation payable by 
the Fund under this Article.

(e) The amounts mentioned in this Article 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 decision of the Assembly 
of the Fund as to the first date of payment of 
compensation.

4. Paragraph 5 is replaced by the following text:

5. Where the amount of established claims against the 
Fund exceeds the aggregate amount of compensation payable 
under paragraph 4, the amount available shall be 
distributed in such a manner that the proportion between 
any established claim and the amount of compensation 
actually recovered by the claimant under this Convention 
shall be the same for all claimants.

5. Paragraph 6 is replaced by the following text:

6. The Assembly of the Fund may decide that, in 
exceptional cases, compensation in accordance with this 
Convention can be paid even if the owner of the ship has 
not constituted a fund in accordance with Article V, 
paragraph 3, of the 1984 Liability Convention. In such 
case paragraph 4 (e) of this Article applies accordingly.


Article 7

Article 5 of the 1971 Fund Convention is deleted.


Article 8

Article 6 of the 1971 Fund Convention is amended as 
follows:

1. In paragraph 1 the paragraph number and the words "or 
indemnification under Article 5" are deleted.

2. Paragraph 2 is deleted.


Article 9

Article 7 of the 1971 Fund Convention is amended as 
follows:

1. In paragraphs 1, 3, 4 and 6 the seven references to 
"the Liability Convention" are replaced by references to 
"the 1984 Liability Convention".

2. In paragraph 1 the words "or indemnification under 
Article 5" are deleted.

3. In the first sentence of paragraph 3 the words "or 
indemnification" and "or 5" are deleted.

4. In the second sentence of paragraph 3 the words "or 
under Article 5, paragraph 1," are deleted.


Article 10

In Article 8 of the 1971 Fund Convention the reference to 
"the Liability Convention" is replaced by a reference to 
"the 1984 Liability Convention".


Article 11

Article 9 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 1 is replaced by the following text:

1. The Fund shall, in respect of any amount of 
compensation for pollution damage paid by the Fund in 
accordance with Article 4, paragraph 1, of this 
Convention, acquire by subrogation the rights that the 
person so compensated may enjoy under the 1984 Liability 
Convention against the owner or his guarantor.

2. In paragraph 2 the words "or indemnification" are 
deleted.


Article 12

Article 10 of the 1971 Fund Convention is amended as 
follows:

The opening phrase of paragraph 1 is replaced by the 
following text: Annual contributions to the Fund shall be 
made in respect of each Contracting State by any person 
who, in the calendar year referred to in Article 12, 
paragraphs 2 (a) or (b), has received in total quantities 
exceeding 150,000 tons.


Article 13

Article 11 of the 1971 Fund Convention is deleted.


Article 14

Article 12 of the 1971 Fund Convention is amended as 
follows:

1. In the opening phrase of paragraph 1 the words "for 
each person referred to in Article 10" are deleted.

2. In paragraph 1 (i), subparagraphs (b) and (c), the 
words "or 5" are deleted and the words "15 million 
francs" are replaced by the words "four million units of 
account".

3. The opening phrase in paragraph 2 is replaced by the 
following text: The Assembly shall decide the total 
amount of contributions to be levied. On the basis of 
that decision, the Director shall, in respect of each 
Contracting State, calculate for each person referred to 
in Article 10 the amount of his annual contribution:

4. Paragraph 4 is replaced by the following text:

4. The annual contribution shall be due on the date to be 
laid down in the Internal Regulations of the Fund. The 
Assembly may decide on a different date of payment.

5. Paragraph 5 is replaced by the following text:

5. The Assembly may decide, under conditions to be laid 
down in the Financial Regulations of the Fund, to make 
transfers between funds received in accordance with 
Article 12.2 (a) and funds received in accordance with 
Article 12.2 (b).                                       

6. Paragraph 6 is deleted.


Article 15

Article 13 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 1 is replaced by the following text:

1. The amount of any contribution due under Article 12 
and which is in arrear shall bear interest at a rate 
which shall be determined in accordance with the Internal 
Regulations of the Fund, provided that different rates 
may be fixed for different circumstances.

2. In paragraph 3 the words "Articles 10 and 11" are 
replaced by the words "Articles 10 and 12" and the words 
"for a period exceeding three months" are deleted.


Article 16

A new paragraph 4 is added to Article 15 of the 1971 Fund 
Convention:

4. Where a Contracting State does not fulfill its 
obligations to submit to the Director the communication 
referred to in paragraph 2 and this results in a 
financial loss for the Fund, that Contracting State shall 
be liable to compensate the Fund for such loss. The 
Assembly shall, on the recommendation of the Director, 
decide whether such compensation shall be payable by a 
Contracting State.


Article 17

Article 16 of the 1971 Fund Convention is replaced by the 
following text:

The Fund shall have an Assembly and a Secretariat headed 
by a Director.


Article 18

Article 18 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 8 is deleted.

2. Paragraph 9 is replaced by the following text:

9. To establish 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 Contracting States, in respect of 
which the largest quantities of contributing oil are 
being received, are appropriately represented; the Rules 
of Procedure of the Assembly may be applied, mutatis 
mutandis, for the work of such subsidiary body;

3. In paragraph 10 the words ", the Executive Committee," 
are deleted.

4. In paragraph 11 the words ", the Executive Committee," 
are deleted.

5. Paragraph 12 is deleted.


Article 19

Article 19 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 1 is replaced by the following text:

1. Regular sessions of the Assembly shall take place once 
every calendar year upon convocation by the Director.

2. In paragraph 2 the words "of the Executive Committee 
or" are deleted.


Article 20

Articles 21 to 27 of the 1971 Fund Convention and the 
heading to these articles are deleted.


Article 21

Article 29 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 1 is replaced by the following text:

1. The Director shall be the chief administrative officer 
of the Fund. Subject to the instructions given to him by 
the Assembly, he shall perform those functions which are 
assigned to him by this Convention, the Internal 
Regulations of the Fund and the Assembly.

2. In paragraph 2 (e) the words "or the Executive 
Committee" are deleted.

3. In paragraph 2 (f) the words "or to the Executive 
Committee, as the case may be," are deleted.

4. Paragraph 2 (g) is replaced by the following text:
(g) prepare, in consultation with the Chairman of the 
Assembly, and publish a report of the activities of the 
Fund during the previous calendar year;

5. In paragraph 2 (h) the words, "the Executive 
Committee" are deleted.


Article 22

In Article 31, paragraph 1, of the 1971 Fund Convention, 
the words "on the Executive Committee and" are deleted.


Article 23

Article 32 of the 1971 Fund Convention is amended as 
follows:

1. In the opening phrase the words "and the Executive 
Committee" are deleted.

2. In subparagraph (b) the words "and the Executive 
Committee" are deleted.


Article 24

Article 33 of the 1971 Fund Convention is amended as 
follows:

1. Paragraph 1 is deleted.

2. In paragraph 2 the paragraph number is deleted.

3. Subparagraph (c) is replaced by the following text:

(c) the establishment of subsidiary bodies, under Article 
18, paragraph 9, and matters relating to such 
establishment.


Article 25

Article 35 of the 1971 Fund Convention is replaced by the 
following text:

Claims for compensation under Article 4 arising from 
incidents occurring after the date of entry into force of 
this Convention may not be brought against the Fund 
earlier than the one hundred and twentieth day after that 
date.


Article 26

After Article 36 of the 1971 Fund Convention three new 
articles are inserted as follows:

Article 36 bis

The following transitional provisions shall apply in the 
period, hereinafter referred to as the transitional 
period, commencing with the date of entry into force of 
this Convention and ending with the date on which the 
denunciations provided for in Article 31 of the Protocol 
of 1984 to amend the 1971 Fund Convention take effect: 

(a) In the application of paragraph 1 (a) of Article 2 of 
this Convention the reference to the 1984 Liability 
Convention shall include reference to the International 
Convention on Civil Liability for Oil Pollution Damage, 
1969 either in its original version or as amended by the 
Protocol thereto of 1976 (referred to in this Article as 
"the 1969 Liability Convention") and also the 1971 Fund 
Convention.

(b) Where an incident has caused pollution damage within 
the scope of this Convention, the Fund shall pay 
compensation to any person suffering pollution damage 
only if, and to the extent that, such person has been 
unable to obtain full and adequate compensation for the 
damage under the terms of the 1969 Liability Convention, 
the 1971 Fund Convention and the 1984 Liability 
Convention, provided that, in respect of pollution damage 
within the scope of this Convention in respect of a Party 
to this Convention but not a Party to the 1971 Fund 
Convention, the Fund shall pay compensation to any person 
suffering pollution damage only if, and to the extent 
that, such person would have been unable to obtain full 
and adequate compensation had that State been party to 
each of the above-mentioned Conventions.

(c) In the application of Article 4 of this Convention, 
the amount to be taken into account in determining the 
aggregate amount of compensation payable by the Fund 
shall also include the amount of compensation actually 
paid under the 1969 Liability Convention, if any, and the 
amount of compensation actually paid or deemed to 
have been paid under the 1971 Fund Convention.

(d) Paragraph 1 of Article 9 of this Convention shall 
also apply to the rights enjoyed under the 1969 Liability 
Convention.

Article 36 ter

Notwithstanding the provisions of this Convention, the 
following provisions shall apply to the administration of 
the Fund during the period in which both the 1971 Fund 
Convention and this Convention are in force:

(a) The Secretariat of the Fund established by the 1971 
Fund Convention (hereinafter referred to as "the 1971 
Fund"), headed by the Director, may also function as the 
Secretariat and the Director of the Fund.

(b) If, in accordance with subparagraph (a), the 
Secretariat and the Director of the 1971 Fund also 
perform the function of Secretariat and Director of the 
Fund, the Fund shall be represented, in cases of conflict 
of interests between the 1971 Fund and the Fund, by the 
Chairman of the Assembly of the Fund.

(c) The Director and the staff and experts appointed by 
him, performing their duties under this Convention and 
the 1971 Fund Convention, shall not be regarded as 
contravening the provisions of Article 30 of this 
Convention in so far as they discharge their duties in 
accordance with this Article.

(d) The Assembly of the Fund shall endeavour not to take 
decisions which are incompatible with decisions taken by 
the Assembly of the 1971 Fund. If differences of opinion 
with respect to common administrative issues arise, the 
Assembly of the Fund shall try to reach a consensus with 
the Assembly of the 1971 Fund, in a spirit of mutual co-
operation and with the common aims of both Organizations 
in mind.

(e) The Fund may succeed to the rights, obligations and 
assets of the 1971 Fund if the Assembly of the 1971 Fund 
so decides, in accordance with Article 44, paragraph 2, 
of the 1971 Fund Convention.

(f) The Fund shall reimburse to the 1971 Fund all costs 
and expenses arising from administrative services 
performed by the 1971 Fund on behalf of the Fund.

Article 36 quater

Final clauses

The final clauses of this Convention shall be Articles 28 
to 39 of the Protocol of 1984 to amend the 1971 Fund 
Convention. References in this Convention to Contracting 
States shall be taken to mean references to the 
Contracting States of that Protocol.


Article 27

1. The 1971 Fund Convention and this Protocol shall, as 
between the Parties to this Protocol, be read and 
interpreted together as one single instrument.

2. Articles 1 to 36 quater of the 1971 Fund Convention as 
amended by this Protocol shall be known as the 
International Convention on the Establishment of an 
International Fund for Compensation for Oil Pollution 
Damage, 1984 (1984 Fund Convention).


FINAL CLAUSES

Article 28

Signature, ratification, etc.

1. This Protocol shall be open for signature at London 
from 1 December 1984 to 30 November 1985 by any State 
which has signed the 1984 Liability Convention.

2. Subject to paragraph 4, this Protocol shall be 
ratified, accepted or approved by States which have 
signed it.

3. Subject to paragraph 4, this Protocol is open for 
accession by States which did not sign it.

4. This Protocol may be ratified, accepted, approved or 
acceded to, only by States which have ratified, accepted, 
approved or acceded to the 1984 Liability Convention.

5. 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.

6. A State which is a Party to this Protocol but is not a 
Party to the 1971 Fund Convention shall be bound by the 
provisions of the 1971 Fund Convention as amended by this 
Protocol in relation to other Parties hereto, but shall 
not be bound by the provisions of the 1971 Fund 
Convention in relation to Parties thereto.

7. Any instrument of ratification, acceptance, approval 
or accession deposited after the entry into force of an 
amendment to the 1971 Fund Convention as amended by this 
Protocol shall be deemed to apply to the Convention so 
amended, as modified by such amendment.


Article 29

Information on contributing oil

1. Before this Protocol comes into force for a State that 
State shall, when depositing an instrument referred to in 
Article 28 paragraph 5 and annually thereafter at a date 
to be determined by the Secretary-General of the 
Organization, communicate to him the name and address of 
any person who in respect of that State would be liable 
to contribute to the Fund pursuant to Article 10 of the 
1971 Fund Convention as amended by this Protocol as well 
as data on the relevant quantities of contributing oil 
received by any such person in the territory of that 
State during the preceding calendar year.

2. During the transitional period, the Director shall, 
for Parties, communicate annually to the Secretary-
General of the Organization data on quantities of 
contributing oil received by persons liable to contribute 
to the Fund pursuant to Article 10 of the 1971 Fund 
Convention as amended by this Protocol.


Article 30

Entry into force

1. This Protocol shall enter into force twelve months 
following the date on which the following requirements 
are fulfilled:

(a) At least eight States have deposited instruments of 
ratification acceptance approval or accession with the 
Secretary-General of the Organization; and

(b) The Secretary-General of the Organization has 
received information in accordance with Article 29 that 
those persons who would be liable to contribute pursuant 
to Article 10 of the 1971 Fund Convention as amended by 
this Protocol have received during the preceding calendar 
year a total quantity of at least 600 million tons of 
contributing oil.

2. However, this Protocol shall not enter into force 
before the 1984 Liability Convention has entered into 
force.

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

4. Any State 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 not take effect for the purpose of this 
Article until the end of the six-month period in Article 
31.

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

6. Any State which has made a declaration under Article 
13, paragraph 2, of the Protocol of 1984 to amend the 
1969 Liability Convention shall be deemed to have also 
made a declaration under paragraph 4 of this Article. 
Withdrawal of a declaration under the said Article 13, 
paragraph 2, shall be deemed to constitute withdrawal 
also under paragraph 5 of this Article.


Article 31

Denunciation of 1969 and 1971 Conventions

Subject to Article 30, within six months following the 
date on which the following requirements are fulfilled:

(a) at least eight States have become Parties to this 
Protocol or have deposited instruments of ratification, 
acceptance, approval or accession with the Secretary-
General of the Organization, whether or not subject to 
Article 30, paragraph 4, and

(b) the Secretary-General of the Organization has 
received information in accordance with Article 29 that 
those persons who are or would be liable to contribute 
pursuant to Article 10 of the 1971 Fund Convention as 
amended by this Protocol have received during the 
preceding calendar year a total quantity of at least 750 
million tons of contributing oil; each Party to this 
Protocol and each State which has deposited an instrument 
of ratification, acceptance, approval or accession, 
whether or not subject to Article 30, paragraph 4, shall, 
if party thereto, denounce the 1971 Fund Convention and 
the 1969 Liability Convention with effect twelve months 
after the expiry of the above-mentioned six-month period.


Article 32

Revision and amendment

1. A conference for the purpose of revising or amending 
the 1984 Fund 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 Fund Convention at the request of not 
less than one-third of all Contracting States.


Article 33

Amendment of compensation limits

1. Upon the request of at least one-quarter of the 
Contracting States, any proposal to amend the limits of 
compensation laid down in Article 4, paragraph 4, of the 
Convention as amended by this Protocol shall be circulat-
ed 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 Organiza-
tion, 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 and changes in the monetary values. 
It shall also take into account the relationship between 
the limits in Article 4, paragraph 4, of the Convention 
as amended by this Protocol and those in Article V, 
paragraph 1 of the International Convention on Civil 
Liability for Oil Pollution Damage, 1984.

6. (a) No amendment of the limits under this Article may 
be considered less than five years from the date on which 
this Protocol was opened for signature nor 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 amendment by this Protocol increased by six 
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 
three.

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 34, 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, if later.


Article 34

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. Denunciation of the 1984 Liability 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 the 1969 
Liability Convention takes effect according to Article 16 
of that Protocol.

5. Any Contracting State to this Protocol which has not 
denounced the 1971 Fund Convention and the 1969 Liability 
Convention as required by Article 31 shall be deemed to 
have denounced this Protocol with effect twelve months 
after the expiry of the six months period in that 
Article. As from the date on which the denunciations 
provided for in Article 31 take effect, any Party to this 
Protocol which deposits an instrument of ratification, 
acceptance, approval or accession to the 1969 Liability 
Convention shall be deemed to have denounced this 
Protocol with effect from the date on which such 
instrument take effect.

6. As between the Parties to this Protocol, denunciation 
by any of them of the 1971 Fund Convention in accordance 
with Article 41 thereof shall not be construed in any way 
as a denunciation of the 1971 Fund Convention as amended 
by this Protocol.

7. Notwithstanding a denunciation of this Protocol by a 
Party pursuant to this Article, any provisions of this 
Protocol relating to the obligations to make 
contributions under Article 10 of the 1971 Fund 
Convention as amended by this Protocol with respect to an 
incident referred to in Article 12, paragraph 2 (b), of 
that amended Convention and occurring before the 
denunciation takes effect shall continue to apply.


Article 35

Extraordinary sessions of the Assembly

1. Any Contracting State may, within ninety days after 
the deposit of an instrument of denunciation the result 
of which it considers will significantly increase the 
level of contributions for the remaining Contracting 
States, request the Director to convene an extraordinary 
session of the Assembly. The Director shall convene the 
Assembly to meet not later than sixty days after receipt 
of the request.


Article 36

Cessation

1. This Protocol shall cease to be in force on the date 
when the number of Contracting States falls below three.

2. States which are bound by this Protocol on the day 
before the date it ceases to be in force shall enable the 
Fund to exercise its functions as described under Article 
37 of this Protocol and shall, for that purpose only, 
remain bound by this Protocol.


Article 37

Winding up of the Fund

1. If this Protocol ceases to be in force, the Fund shall 
nevertheless:

(a) meet its obligations in respect of any incident 
occurring before the Protocol ceased to be in force;

(b) be entitled to exercise its rights to contributions 
to the extent that these contributions are necessary to 
meet the obligations under subparagraph (a), including 
expenses for the administration of the Fund necessary for 
this purpose.

2. The Assembly shall take all appropriate measures to 
complete the winding up of the Fund including the 
distribution in an equitable manner of any remaining 
assets among those persons who have contributed to the 
Fund.

3. For the purposes of this Article the Fund shall remain 
a legal person.


Article 38

Depositary

1. This Protocol and any amendments accepted under 
Article 33 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 30 
including declarations and withdrawals deemed to have 
been made in accordance with that Article;
(iii) the date of entry into force of this Protocol;
(iv) the date by which denunciations provided for in 
Article 31 are required to be made;
(v) any proposal to amend limits of amounts of 
compensation which has been made in accordance with 
Article 33, paragraph 1;
(vi) any amendment which has been adopted in accordance 
with Article 33, paragraph 4;
(vii) any amendment deemed to have been accepted under 
Article 33, paragraph 7, together with the date on which 
that amendment shall enter into force in accordance with 
paragraphs 8 and 9 of that Article;
(viii) the deposit of an instrument of denunciation of 
this Protocol together with the date of the deposit and 
the date on which it takes effect;
(ix) any denunciation deemed to have been made under 
Article 34, paragraph 5;
(x) any communication called for by any Article in this 
Protocol;                                              

(b) transmit certified true copies of this Protocol to 
all Signatory States and to all States which accede to 
the 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 39

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 
for that purpose have signed this Protocol.