Protocol of 2003 to amend the International Convention on the Establishment of an International Fund for Oil Pollution Damage, 1992

General Detail

General Information

  1. Type: Convention
  2. Date of signature:
  3. Place of signature: London, United Kingdom
  4. Depositary:
  5. Date of entry into force: 03/03/2005

Category

Environment and products

Sub category

Maritime and Law of the Sea

Groups

IMO

What is it about?

The 2003 Protocol establishes a fund which supplements the compensation available under the 1992 Civil Liability and Fund Conventions with an additional third tier of compensation. The Protocol is optional and participation is open to all States party to the 1992 Fund Convention (Fund 2). The total amount of compensation payable for any one incident will be limited to a combined total of 750 million Special Drawing Rights (SDR) (just over US$1,000 million) including the amount of compensation paid under the existing CLC/Fund Convention. Annual contributions to the Fund will be made in respect of each Contracting State by any person who, in any calendar year, has received total quantities of oil exceeding 150,000 tons. However, for the purposes of the Protocol, there is a minimum aggregate receipt of 1,000,000 tons of contributing oil in each Contracting State. The Assembly of the Supplementary Fund will assess the level of contributions based on estimates of expenditure (including administrative costs and payments to be made under the Fund as a result of claims) and income (including surplus funds from previous years, annual contributions and any other income). Amendments to the compensation limits established under the Protocol can be adopted by a tacit acceptance procedure, so that an amendment adopted in the Legal Committee of IMO by a two-thirds majority of Contracting States present and voting, can enter into force 24 months after its adoption.

Why is it relevant?

The Supplementary Fund substantially increases the total amount of compensation payable in the case of qualifying incidents. The extra compensation made available, will more fully cover the damage of polluting incidents that would not otherwise be covered to any significant degree by the original Fund. An example of such an incident is the Prestige catastrophe in Spain in 2002 where only 15% of the total loss could be repaid in response to each valid claim.

Additional Information

The supplementary fund will apply to damage in the territory, including the territorial sea, of a Contracting State and in the exclusive economic zone of a Contracting State.

  • The International Convention on Civil Liability for Oil Pollution Damage, 1969
  • Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLCPROT 1976)
  • International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) (London, 18 December 1971)
  • Protocol to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND 2) (London, 27 November 1992)

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Country ratifications
CountryRatification date
Australia13/07/2009
Barbados06/12/2005
Belgium04/11/2005
Canada02/10/2009
Congo19/05/2014
Croatia17/02/2006
Denmark24/02/2004
Estonia14/10/2008
Finland27/05/2004
France29/06/2004
Germany24/11/2004
Greece23/10/2006
Hungary30/03/2007
Ireland05/07/2004
Italy20/10/2005
Japan13/07/2004
Latvia18/04/2006
Lithuania22/11/2006
Montenegro29/11/2011
Morocco04/11/2009
Netherlands16/06/2005
Norway31/03/2004
Poland09/12/2008
Portugal15/02/2005
Republic of Korea06/05/2010
Slovakia08/07/2013
Slovenia03/03/2006
Spain03/12/2004
Sweden05/05/2005
Turkey05/03/2013
United Kingdom31/05/2006
Treaties analysis
YearRatifications
20049
20056
20066
20071
20082
20093
20101
20111
20132
20141
Total32
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