Resolutions

Assembly resolutions are formal expressions of the opinion or will of its Member States. The preamble of each resolution generally presents the considerations on the basis of which action is taken, an opinion expressed or a directive given. The operative part states the opinion of the organ or the action to be taken. Resolutions have been adopted separately by the 1992 Fund and the Supplementary Fund.

RESOLUTIONS OF THE 1992 FUND

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Noting that the 1971 Fund and the 1992 Fund will be administered by a joint Secretariat headed by one Director, at least so long as the States with major receipts of contributing oil remain Parties to the 1971 Fund Convention,

Recalling operative paragraph 3(a) of Resolution 2 of the International Conference which adopted the 1992 Protocol to the 1971 Fund Convention, concerning the position of personnel employed by the 1971 Fund on the date when the 1971 Fund Convention ceases to be in force,

Recognising the need to safeguard the position of the personnel employed by the 1971 Fund when the 1992 Fund establishes its own Secretariat,

Declares that, when the 1992 Fund establishes its own Secretariat, the personnel employed by the 1971 Fund will, if they so wish, be transferred to the 1992 Fund Secretariat and that they will in such a case receive treatment no less favourable, as regards the terms and conditions of their service, as a result of the change of legal personality of their employer.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Aware of the obligations imposed on Member States to submit reports on receipts of contributing oil in accordance with Article 15.2 of the 1992 Fund Convention,

Recognising that these reports will be crucial for the functioning of the 1992 Fund, as the levying of contributions is based on these reports,

Noting that these reports will also be essential in determining when the capping provisions of Article 36 ter of the 1992 Fund Convention shall cease to apply,

Recalling that the experience of the 1971 Fund has been that reports do not always reach the Secretariat on time or in the manner laid down in the Internal Regulations, and that some reports are incomplete,

Urges Member States to take the necessary steps to ensure that the reports on contributing oil received in their territory are submitted in time, using the prescribed forms, and that the reports contain the particulars prescribed in the 1992 Fund Convention and in the Internal Regulations,

And requests Member States in which no person is liable to contribute to the 1992 Fund to submit reports certifying that this is the case in respect of the State concerned as prescribed in the Internal Regulations.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Conscious of the need to establish at an early stage the general policy of the 1992 Fund on the admissibility of claims for compensation,

Noting that one of the aims of the international compensation system is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation,

Noting further that the definitions of 'pollution damage' and 'preventive measures' in the 1992 Fund Convention which form the basis for the criteria for admissibility are the same as those in the 1971 Fund Convention, except on one point where a modified text was adopted in 1992, in order to codify the interpretation of the definition of 'pollution damage' as decided by the Assembly of the International Oil Pollution Compensation Fund, 1971 (1971 Fund),

Aware of the necessity of ensuring consistency between the decisions of the 1992 Fund and those of the 1971 Fund on the admissibility of claims,

Recalling that the 7th Intersessional Working Group established by the Assembly of the 1971 Fund was given the mandate to examine the general criteria for the admissibility of claims for compensation for 'pollution damage' and 'preventive measures' within the scope of the 1969 Civil Liability Convention and the 1971 Fund Convention and the 1992 Protocols thereto,

Recalling further that the Assembly of the 1971 Fund endorsed the report of the 7th Intersessional Working Group on the criteria for the admissibility of claims for compensation,

Noting also that the Executive Committee of the 1971 Fund has taken a number of further decisions on the admissibility of claims,

Resolves that the report of the 7th Intersessional Working Group of the 1971 Fund (as contained in document FUND/A.17/23) shall form the basis of the policy of the 1992 Fund on the criteria for the admissibility of claims,

Decides that the criteria hitherto laid down by the Executive Committee of the 1971 Fund should be applied by the 1992 Fund in its consideration of the admissibility of claims,

Affirms that the 1992 Fund shall endeavour to ensure consistency, as far as possible, between the decisions of the 1992 Fund and those of the 1971 Fund on the admissibility of claims.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Noting that Article 3(a)(ii) of the 1992 Fund Convention provides that compensation by the 1992 Fund is payable for pollution damage which occurs in the exclusive economic zone (EEZ) 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,

Recognising that it will be crucial for the functioning of the 1992 Fund to know whether a Member State has established an EEZ or determined such an area,

Noting that the 1992 Fund will also need to know the extent of an EEZ established or area determined by a Member State, as well as the date of such establishment or determination,

Urges States to notify the Secretary-General of the International Maritime Organization, when depositing instruments of ratification, acceptance, approval or accession to the 1992 Fund Convention, of the delimitation of their EEZ or area, if already established or determined,

And requests Member States which establish an EEZ or determine such an area after the entry into force of the 1992 Fund Convention in respect of those States to notify the Director of the 1992 Fund of the delimitation of their EEZ or determined area, and the date on which it was established or determined.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Noting that the Assembly may, in accordance with Article 18.9 of the 1992 Fund Convention, establish any temporary or permanent subsidiary body it considers to be necessary, define its terms of reference and give it the authority needed to perform the functions entrusted to it,

Noting further that, in accordance with that Article, the Assembly shall, when appointing the members of such a subsidiary body, endeavour to secure an equitable geographical distribution of members and to ensure that the Member States, in respect of which the largest quantities of contributing oil are received, are appropriately represented,

Recalling the decision of the Assembly at its 1st session that the 1992 Fund should have a claims subsidiary body to deal with claims for compensation and the decision by the Assembly at its 1st extraordinary session that this body should be known as the Executive Committee,

Hereby creates an Executive Committee which shall be established at the first session of the Assembly after the number of 1992 Fund Member States has reached 25,

Decides that the Executive Committee shall be composed of 15 Member States elected by the Assembly to hold office until the end of the next regular session of the Assembly, and that a member may not serve on the Executive Committee for more than two consecutive terms, except to the extent necessary to comply with the eligibility requirements,

Further decides that the election of the Executive Committee should be governed in the following provisions:

(a) Seven Executive Committee members shall first be elected from among the eleven Member States in the territory of which the largest quantities of oil to be taken into account under Article 10 of the 1992 Fund Convention were received during the preceding calendar year.

(b) Eight members shall then be elected from among the other Member States.

(c) A Member State which was eligible but was not elected under sub-paragraph (a) shall not be eligible for any remaining seat on the Committee.

(d) The Assembly shall, when electing the members of the Committee, secure an equitable geographical distribution of the seats on the Committee on the basis of an adequate representation of Member States particularly exposed to the risks of oil pollution and of Member States having large tanker fleets. The Assembly may also take into account the extent to which a particular State has fulfilled its obligation to submit reports on receipts of contributing oil, in accordance with Article 15 of the 1992 Fund Convention.

(e) Members of the Executive Committee shall hold office until the end of the next regular session of the Assembly.

(f) Except to the extent that may be necessary to comply with the requirement set out under (a) above, no State may serve on the Executive Committee for more than two consecutive terms. However, if a State eligible under (a) declares before the election that it might not be able to attend the Committee's sessions, the Assembly may elect in its place another State from among the eleven States eligible under (a), even if the latter State has served for two consecutive terms.

Adopts the following mandate for the Executive Committee:

The functions of the Executive Committee shall be:

  1. to take decisions in place of the Assembly on matters referred to in Article 18.7 of the 1992 Fund Convention, in particular on claims for compensation referred to it by the Director;
  2. to consider new issues of principle and general policy questions relating to claims for compensation as they arise (and not in the abstract) and procedures for handling incidents involving the 1992 Fund;
  3. to extend, to the extent it considers appropriate, the Director's authority to make final settlement of claims arising out of a given incident beyond that vested in him in accordance with the Internal Regulations;
  4. to give the Director such instructions in respect of the handling of claims for compensation as may be required; and
  5. to make such recommendations to the Assembly, for example on questions of principle of great importance, as the Executive Committee may deem appropriate.

The Assembly of the International Oil Pollution Compensation Fund 1992, (1992 Fund)

Noting that the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 ("OPRC") came into force in 1995, and that 59 States have ratified or acceded to the Convention;

Also noting that the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 OPRC (HNS) Protocol will not come into force until 12 months after ratification by not less than 15 States;

Noting further that no States are yet party to the 2000 OPRC (HNS) Protocol;

Recognizing the need for some States to identify existing resources that could form part of the resources needed to implement the 1990 OPRC and 2000 OPRC (HNS) Protocol;

Recognizing further that some States may not have all the resources needed to effectively implement the OPRC and 2000 OPRC (HNS) Protocol;

Believing it is desirable for coastal States to have in place effective measures and co-operative arrangements to deal with oil spill incidents wherever they may occur;

Further believing that wider and speedy implementation of both the 1990 OPRC and the 2000 OPRC (HNS) Protocol would benefit potential victims of oil spills and the IOPC Fund in helping to minimize the environmental and financial impact of oil spills;

Urges all Contracting States to the 1992 Fund Protocol that have not yet done so to ratify, or to accede to, the 1990 OPRC;

Encourages States Parties to the OPRC to also become party to the 2000 OPRC (HNS) Protocol, with the aim of promoting speedy implementation;

Further encourages States not parties to the 1990 OPRC to put in place effective contingency plans for oil pollution prevention and response to the best of their abilities.

The Assembly Of The International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Noting that there are 71 States Parties to the 1992 Fund Convention, that 11 States have deposited instruments of ratification or accession and that a number of other States are expected to become Parties within the near future, 

Recognising that, as a result of the great increase in the number of 1992 Fund Member States, there is a risk that the Assembly of the Organisation will in the near future no longer be able to achieve a quorum,

Acknowledging that this would result in the 1992 Fund's being unable to operate in a normal way,

Mindful that the 1992 Fund’s objective is to pay compensation to victims of oil pollution damage in Member States,

Recalling that it is the task of the Assembly, under Article 18.14 of the 1992 Fund Convention, to perform such functions as are necessary for the proper operation of the 1992 Fund,

Aware that under Article 18.9 of the 1992 Fund Convention the Assembly may establish any temporary or permanent subsidiary body it may consider necessary, to define its terms of reference and to give it the authority needed to perform its functions,

Conscious of the need to establish a structure which will permit the 1992 Fund to operate even if the Assembly does not achieve a quorum at one or more of its sessions,

Recognising that it is the general responsibility of the Assembly to ensure the proper operation of the 1992 Fund and that it is therefore the duty of the Assembly to take the necessary measures to achieve this,

  1. Instructs the Director to convene a regular session of the Assembly of the 1992 Fund once every calendar year, as provided in Article 19, paragraph 1 of the 1992 Fund Convention, and in the invitations to urge States to make every effort to be represented at the session, and to draw attention to the consequences of a quorum not being achieved.
  2. Hereby creates a body to be known as the Administrative Council, which shall have the following mandate:

    (a) to perform such functions as are allocated to the Assembly under the 1992 Fund Convention or which are otherwise necessary for the proper operation of the 1992 Fund;

    (b) to elect members of the Executive Committee in accordance with 1992 Fund Resolution N°5;

    (c) to give instructions to the Director concerning the administration of the 1992 Fund;

    (d) to supervise the proper execution of the Convention and of its own decisions;
  3. Further resolves that the Administrative Council shall assume its functions whenever the Assembly fails to achieve a quorum, on the condition that, if the Assembly were to achieve a quorum at a later session, it would resume its functions;
  4. Decides that the following States and organisations shall be invited to take part in sessions of the Administrative Council:

    (a) 1992 Fund Member States;

    (b) other States which would be invited to attend sessions of the Assembly as observers; and

    (c) intergovernmental organisations and international non-governmental organisations which have observer status with the 1992 Fund; and
  5. Further decides:

(a) that decisions of the Administrative Council shall be taken by majority vote of those 1992 Fund Member States present and voting, provided that decisions which under Article 33 of the 1992 Fund Convention require two-thirds majority shall be taken by two-thirds majority of the 1992 Fund Member States present;

(b) that at least 25 Member States shall constitute a quorum for the meetings of the Administrative Council;

(c) that the Rules of Procedure of the Administrative Council shall be those of the Assembly, to the extent applicable;

(d) that credentials are required for delegations in accordance with Rule 9 of the Rules of Procedure of the Assembly; and

(e) that the sessions of the Administrative Council shall be held in public, unless the Council decides otherwise.

The Administrative Council, acting on behalf of the assembly of the International Oil Pollution Compensation Fund, 1992, set up under the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (1992 Fund Convention),

Noting that the States Parties to the 1992 Fund Convention are also parties to the International Convention on Civil Liability for Oil Pollution Damage, 1992 (1992 Civil Liability Convention),

Recalling that the 1992 Conventions were adopted in order to create uniform international rules and procedures for determining questions of liability and providing adequate compensation in such cases,

Considering that it is crucial for the proper and equitable functioning of the regime established by these Conventions that they are implemented and applied uniformly in all States Parties,

Convinced of the importance that claimants for oil pollution damage are given equal treatment as regards compensation in all States Parties,

Mindful that, under Article 235, paragraph 3, of the United Nations Convention on the Law of the Sea 1982, States shall co-operate in the implementation of existing international law and the further development of international law relating to the liability for and assessment of damage caused by pollution of the marine environment,

Recognising that, under Article 31, paragraph 3, of the Vienna Convention on the Law of Treaties 1969, for the purpose of the interpretation of treaties there shall be taken into account any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions and any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation,

Drawing attention to the fact that the Assembly, the Executive Committee and the Administrative Council of the International Oil Pollution Compensation Fund 1992 (1992 Fund) and the governing bodies of its predecessor, the International Oil Pollution Compensation Fund 1971 (1971 Fund), composed of representatives of Governments of the States Parties to the respective Conventions, have taken a number of important decisions on the interpretation of the 1992 Conventions and the preceding 1969 and 1971 Conventions and their application, which are published in the Records of Decisions of the sessions of these bodies <>, for the purpose of ensuring equal treatment of all those who claim compensation for oil pollution damage in States Parties,

Emphasising that it is vital that these decisions are given due consideration when the national courts in the States Parties take decisions on the interpretation and application of the 1992 Conventions,

Considers that the courts of the States Parties to the 1992 Conventions should take into account the decisions by the governing bodies of the 1992 Fund and the 1971 Fund relating to the interpretation and application of these Conventions.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Recalling Article 18 of the 1992 Fund Convention,

Noting that the Assembly has appointed Directors for five-year terms with provision for renewal for such further periods as may be determined by the Assembly,

Considering the desirability of establishing a more specific term of office for future Directors,

Considering also the normal practice within the United Nations agencies and subsidiary bodies, and especially the International Maritime Organization precedents,

Considering further Rule 54 of the Rules of Procedure of the Assembly and Section IV, Regulations 17 and 18, of the 1992 Fund's Staff Regulations,

Decides that:

  1. Future IOPC Fund Directors shall be appointed for an initial term of five years, normally commencing on 1 January of the year following his/her election.
  2. The incumbent Director may be re-appointed for a second term of five years by a vote pursuant to Article 32 and 33 (b) of the 1992 Fund Convention.  However, the voting procedure shall be dispensed with in cases where the incumbent Director has indicated his/her availability for re-election and where there are no other candidates standing for election.
  3. The second term of the incumbent Director may be extended for a limited period of time, if the Assembly so decides, in response to exceptional circumstances that would warrant such an extension.
  4. Candidates for the appointment to the post of Director pursuant to section 1 or 2 above must notify the Secretariat at least three months before the Assembly is scheduled to meet to appoint or reappoint the Director, as the case may be.
  5. The Resolution shall be referenced by footnote to Rule 54 of the Rules of Procedure of the Assembly.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

the Administrative Council of the International Oil Pollution Compensation Fund, 1971 (1971 Fund), and

the Assembly of the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund),

Noting that the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 entered into force on 3 March 2005, thereby establishing the Supplementary Fund,

Aware that since the establishment of the 1992 Fund in 1996, the 1971 Fund and the 1992 Fund have been administered by a joint Secretariat headed by a single Director,

Recalling that from 1996 to 1998 the Secretariat of the 1971 Fund administered the 1992 Fund, whereas since 1998 the Secretariat of the 1992 Fund has served as Secretariat of the 1971 Fund also,

Recognising the benefits of the present arrangement,

Believing that a similar arrangement in respect of the Supplementary Fund would be beneficial,

Considering that the 1992 Fund, the 1971 Fund and the Supplementary Fund should be administered by one Secretariat headed by a single Director,

Taking the view that the most appropriate arrangement would be for the Secretariat of the 1992 Fund to function as the Secretariat not only of the 1971 Fund but also of the Supplementary Fund and that the Director of the 1992 Fund, in addition to being ex officio Director of the 1971 Fund, should also be ex officio Director of the Supplementary Fund.

Decide

  1. The Secretariat of the 1992 Fund shall as hitherto administer the 1971 Fund and shall also administer the Supplementary Fund.
  2. The Director of the 1992 Fund shall continue ex officio to be Director of the 1971 Fund and shall also ex officio be Director of the Supplementary Fund.

The Administrative Council acting on behalf of the Assembly Of The International Oil Pollution Compensation Fund, 1992 (1992 Fund), and

The Assembly of the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund),

Noting that the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 and the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 were established to pay adequate compensation and to this end contributions are required to fund payment of claims,

Recognising that States Parties in accepting the Conventions have agreed to ensure that contributors fulfil their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol,

Recognising also that the Funds cannot operate effectively and equitably unless oil reports and contributions are received in a timely manner,

  1. Endorse current measures employed by the Director and Secretariat for following up arrears of contributions,
  2. Call on all receivers of contributing oil to comply with their obligations under the Conventions,
  3. Urge associations representing receivers of contributing oil to engage proactively in ensuring that obligations by industry members are met and to report to the Director/Secretariat on the measures taken,
  4. Further urge States Parties to ensure that they have taken all necessary measures to implement effectively their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol, whilst reminding them of the option to make use of Article 14, paragraph 1 of the 1992 Fund Convention and Article 12, paragraph 2 of the 2003 Supplementary Fund Protocol,
  5. Request States Parties to report to the Director the means by which they have implemented their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol, so that, based on the information submitted, the Secretariat, with the assistance of the Audit Body, may summarise such means and report such information to the 1992 Fund Assembly and Supplementary Fund Assembly,
  6. Call specifically on States Parties with contributors who are in arrears to report to the Director the means by which they have implemented their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol and on any steps they have taken to ensure payment of the outstanding contributions,
  7. Also request that the Director, in consultation with the State(s) Parties concerned, should consider options for providing, as part of regular reports on outstanding contributions, a list of non-contributing 'persons' (entities) and that such a list be made prominent in reports of the operations of the Funds, subject to any applicable laws,
  8. Direct the Audit Body to:

    (a) monitor the effectiveness of the above actions in respect of outstanding contributions;

    (b) monitor the effectiveness of the new 1992 Fund Policy on Outstanding Oil Reports and Deferment of Compensation Payments, adopted by the 1992 Fund Assembly at its October 2008 session; and

    (c) report to the 1992 Fund Assembly and Supplementary Fund Assembly on its findings, including recommendations for further measures as may be warranted.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

Recalling that the International Fund for Compensation for Oil Pollution Damage, 1992 (the 1992 Fund) was established by the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (the 1992 Fund Convention) in order to ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships,

Noting the obligation of States Parties pursuant to Article 15 of the 1992 Fund Convention to communicate to the Director of the Fund (the Director), at a time and in the manner provided in the Internal Regulations, the name and address of any person who in respect of those States is liable to contribute to the 1992 Fund pursuant to Article 10 of the 1992 Fund Convention, as well as data on the relevant quantities of contributing oil received by any such person during the preceding calendar year (oil reports),

Mindful, in order to secure adequate compensation, of the need to ensure payment of annual contributions to the 1992 Fund as required by Article 10 of the 1992 Fund Convention,

Noting also the duty of States Parties pursuant to Article 13.2 of the 1992 Fund Convention to ensure that any obligation to contribute to the 1992 Fund arising under the Convention in respect of oil received within the territory of those States is fulfilled and to this end to take appropriate measures under their law,

Aware That, where States Parties are in breach of their obligations under Article 13.2 or Article 15 of the 1992 Fund Convention, then those States Parties bear a responsibility to the 1992 Fund under public international law,

Bearing In Mind that the 1992 Fund cannot carry out its mandate nor operate effectively unless accurate oil reports and contributions are received in a timely manner,

Recalling the decision taken in October 2008 by the 1992 Fund Assembly at its 13th session to adopt a policy whereby, in the event that a State is two or more oil reports in arrears, any claim submitted by the Administration of that State or a public authority working directly on the response or recovery from the pollution incident on behalf of that State will be assessed for admissibility but payment will be deferred until the reporting deficiency is rectified,

Recalling also Resolution No11—Measures in respect of Contributions (October 2009),

1. Endorses the current efforts of the Director to follow up on arrears of oil reports and contributions;

2. Calls On all receivers of contributing oil to discharge their obligations under the 1992 Fund Convention in a timely manner;

3. Urges associations representing receivers of contributing oil to engage proactively in ensuring that industry members meet their obligations and to report to the Director on the measures taken in this regard;

4. Further Urges all States Parties to fulfil their obligations under Articles 13.2, 15.1 and 15.2 of the 1992 Fund Convention, in particular, to provide oil reports in a timely and accurate manner and to ensure payment of contributions;

5. Reminds States Parties of the option contained in Article 14.1 of the 1992 Fund Convention whereby a State Party may at any time declare that it assumes the obligation to make contributions to the 1992 Fund that are otherwise incumbent on persons pursuant to Article 10.1 of the Convention;

6. Requests those State Parties which have outstanding oil reports or which have contributors that are in arrears with their payments to report to the Director on any steps they have taken to redress these situations;

7. Instructs the Director:

(a) in consultation with the Audit Body, to examine the reports referred to in paragraphs 4 and 6 above and to present any recommendations to the 1992 Fund Assembly;

(b) to report at each regular session of the 1992 Fund Assembly the names of those States which have not provided oil reports or which have not taken steps to ensure the timely payment of contributions; and

(c) to include in such reports an account of what actions, if any, have been taken by the States referred to in sub-paragraph (b) in the previous 12 month period in response to any request made by the Director to rectify the situation;

8. Decides that it shall make a determination as to those States that are responsible for two or more oil reports in arrears, in which event any claim submitted by the Administration of those States, including a claim submitted by a public authority working directly on the response or recovery for the pollution incident on behalf of those States, will be assessed for admissibility, but actual payment will be deferred pending rectification of the reporting deficiency;

9. Decides Also that it shall make a determination as to those States that are found to be in breach of their obligations under Article 13.2 of the 1992 Fund Convention for two or more years, in which event any claim submitted by the Administration of those States, including a claim submitted by a public authority working directly on the response or recovery for the pollution incident on behalf of those States, will be assessed for admissibility, but actual payment will be deferred pending rectification of the breach;

10. Decides Further that it shall make a determination as to those States that are found to be in breach of their obligations under Articles 13.2, 15.1 or 15.2 of the 1992 Fund Convention, in which event those States shall not be eligible to nominate candidates for membership of the Audit Body nor to be elected as members of the 1992 Fund Executive Committee;

11. Instructs the Director to develop guidelines in relation to implementation by States Parties of their obligations under Articles 13.2, 15.1 and 15.2 of the 1992 Fund Convention;

12. Directs the Audit Body to:

(a) monitor the effectiveness of the above actions in respect of outstanding oil reports and outstanding contributions; and

(b) report to the 1992 Fund Assembly on its findings, including recommendations for further measures as may be warranted;

13. Revokes Resolution No11 of the 1992 Fund Assembly (October 2009) to the extent that it affects the 1992 Fund.

SUPPLEMENTARY FUND

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

the Administrative Council of the International Oil Pollution Compensation Fund, 1971 (1971 Fund), and

the Assembly of the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund)

Noting that hat the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 entered into force on 3 March 2005, thereby establishing the Supplementary Fund,

Aware that since the establishment of the 1992 Fund in 1996, the 1971 Fund and the 1992 Fund have been administered by a joint Secretariat headed by a single Director,

Recalling that from 1996 to 1998 the Secretariat of the 1971 Fund administered the 1992 Fund, whereas since 1998 the Secretariat of the 1992 Fund has served as Secretariat of the 1971 Fund also,

Recognising the benefits of the present arrangement,

Believing that a similar arrangement in respect of the Supplementary Fund would be beneficial,

Considering that the 1992 Fund, the 1971 Fund and the Supplementary Fund should be administered by one Secretariat headed by a single Director,

Taking the view that the most appropriate arrangement would be for the Secretariat of the 1992 Fund to function as the Secretariat not only of the 1971 Fund but also of the Supplementary Fund and that the Director of the 1992 Fund, in addition to being ex officio Director of the 1971 Fund, should also be ex officio Director of the Supplementary Fund.

Decide

  1. The Secretariat of the 1992 Fund shall as hitherto administer the 1971 Fund and shall also administer the Supplementary Fund.
  2. The Director of the 1992 Fund shall continue ex officio to be Director of the 1971 Fund and shall also ex officio be Director of the Supplementary Fund.

The Administrative Council acting on behalf of the Assembly Of The International Oil Pollution Compensation Fund, 1992 (1992 Fund), and

the Assembly of the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund),

Noting that the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 and the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 were established to pay adequate compensation and to this end contributions are required to fund payment of claims,

Recognising that States Parties in accepting the Conventions have agreed to ensure that contributors fulfil their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol,

Recognising also that the Funds cannot operate effectively and equitably unless oil reports and contributions are received in a timely manner,

  1. Endorse current measures employed by the Director and Secretariat for following up arrears of contributions,
  2. Call on all receivers of contributing oil to comply with their obligations under the Conventions,
  3. Urge associations representing receivers of contributing oil to engage proactively in ensuring that obligations by industry members are met and to report to the Director/Secretariat on the measures taken,
  4. Further urge States Parties to ensure that they have taken all necessary measures to implement effectively their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol, whilst reminding them of the option to make use of Article 14, paragraph 1 of the 1992 Fund Convention and Article 12, paragraph 2 of the 2003 Supplementary Fund Protocol,
  5. Request States Parties to report to the Director the means by which they have implemented their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol, so that, based on the information submitted, the Secretariat, with the assistance of the Audit Body, may summarise such means and report such information to the 1992 Fund Assembly and Supplementary Fund Assembly,
  6. Call specifically on States Parties with contributors who are in arrears to report to the Director the means by which they have implemented their obligations under Article 13, paragraph 2 of the 1992 Fund Convention and Article 12, paragraph 1 of the 2003 Supplementary Fund Protocol and on any steps they have taken to ensure payment of the outstanding contributions,
  7. Also request that the Director, in consultation with the State(s) Parties concerned, should consider options for providing, as part of regular reports on outstanding contributions, a list of non-contributing 'persons' (entities) and that such a list be made prominent in reports of the operations of the Funds, subject to any applicable laws,
  8. Direct the Audit Body to:

    (a) monitor the effectiveness of the above actions in respect of outstanding contributions;
    (b) monitor the effectiveness of the new 1992 Fund Policy on Outstanding Oil Reports and Deferment of Compensation Payments, adopted by the 1992 Fund Assembly at its October 2008 session; and
    (c) report to the 1992 Fund Assembly and Supplementary Fund Assembly on its findings, including recommendations for further measures as may be warranted.

The Assembly of the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund),

Recalling that the International Oil Pollution Compensation Supplementary Fund, 2003 (the Supplementary Fund) was established by the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (the Supplementary Fund Protocol) in order to ensure that victims of oil pollution damage are compensated in full for their loss or damage in cases where there is a risk that the amount of compensation available under the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an International Fund for Oil Pollution Damage, 1992 (the 1992 Fund Convention) will be insufficient,

Mindful, in order to secure full compensation, of the need to ensure payment of annual contributions to the Supplementary Fund as required by Article 10 of the Supplementary Fund Protocol,

Noting the duty of States Parties pursuant to Article 12.1 of the Supplementary Fund Protocol to ensure that any obligation to contribute to the Supplementary Fund arising under the Protocol in respect of oil received within the territory of those States is fulfilled and to this end to take appropriate measures under their law,

Aware that, where States Parties are in breach of their obligations under Article 12.1 of the Supplementary Fund Protocol, then those States Parties bear a responsibility to the Supplementary Fund under public international law,

Bearing In Mind that the Supplementary Fund cannot carry out its mandate nor operate effectively unless contributions are received in a timely manner,

Recalling Supplementary Fund Resolution No2—Measures in respect of Contributions (October 2009),

Recalling Further 1992 Fund Resolution No11—Measures in respect of Contributions (October 2009) 1,

1 Endorses the current efforts of the Director of the Supplementary Fund (the Director) to follow up on arrears of contributions;

2 Calls On all receivers of contributing oil to discharge their obligations under the Supplementary Fund Protocol in a timely manner;

3 Urges associations representing receivers of contributing oil to engage proactively in ensuring that industry members meet their obligations and to report to the Director on the measures taken in this regard;

4 Further Urges all States Parties to fulfil their obligations under Article 12.1 of the Supplementary Fund Protocol, in particular, to ensure payment of contributions;

5 Reminds States Parties of the option contained in Article 12.2 of the Supplementary Fund Protocol whereby a State Party may at any time declare that it assumes the obligation to make contributions to the Supplementary Fund that are otherwise incumbent on persons pursuant to Article 10.1 of the Protocol;

6 Requests those State Parties which have contributors that are in arrears with their payments to report to the Director on any steps they have taken to redress the situation;

7 Instructs the Director:

(a) in consultation with the Audit Body, to examine the reports referred to in paragraph 6 above and to present any recommendations to the Supplementary Fund Assembly;

(b) to report at each regular session of the Supplementary Fund Assembly the names of those States which have not taken steps to ensure the timely payment of contributions; and

(c) to include in such reports an account of what actions, if any, have been taken by the States referred to in sub-paragraph (b) in the previous 12 month period in response to any request made by the Director to rectify the situation;

8 Decides that it shall make a determination as to those States that are found to be in breach of their obligations under Article 12.1 of the Supplementary Fund Protocol for two or more years, in which event any claim submitted by the Administration of those States or public authority working directly on the response or recovery for the pollution incident on behalf of those States will be assessed for admissibility, but actual payment will be deferred pending rectification of the breach;

9 Instructs the Director to develop guidelines in relation to implementation by States Parties of their obligations under Article 12.1 of the Supplementary Fund Protocol;

10 Directs the Audit Body to:

(a) monitor the effectiveness of the above actions in respect of outstanding contributions; and

(b) report to the Supplementary Fund Assembly on its findings, including recommendations for further measures as may be warranted;

11 Revokes Supplementary Fund Resolution No2 and 1992 Fund Resolution No11 (October 2009) to the extent that these Resolutions affect the Supplementary Fund.


1 It is necessary in this Resolution of the Supplementary Fund Assembly to make reference to Resolution No11 because, as is apparent from a reading of the Record of Decisions of the governing bodies (October 2009), only Resolution No11 was actually considered and adopted, respectively, by the governing body of each Fund.

Resolution No11 was, after the event, and for the purposes of listing separately as a Resolution of the Supplementary Fund Assembly, renumbered and reproduced as Resolution No2 of the Supplementary Fund Assembly.

Similar considerations apply to operative paragraph 11 below.

RESOLUTIONS OF THE 1971 FUND

The Assembly

Aware of the problems caused by the use of (gold) francs as the monetary unit in the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, and awaiting the entry into force of the Protocol of 19 November 1976 to that Convention,

Adopts the following method of interpretation of the franc provisions in the Convention:

Where an amount is expressed in francs in the Convention such amount shall be converted into the relevant national currency in accordance with the following rules:

(a) the amount determined in francs shall be converted into Special Drawing Rights as defined by the International Monetary Fund on the basis that 15 francs are equal to one Special Drawing Right;

(b) the number of Special Drawing Rights found pursuant to (a) shall be converted into the relevant national currency in accordance with the method of evaluation applied by the International Monetary Fund in effect for its operations and transactions at the date applicable under the Convention,

Resolves that the references to francs in the Internal Regulations be replaced by references to equivalent amounts expressed in Special Drawing Rights as soon as the Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 enters into force,

And recommends that Contracting States should become Parties to that Protocol as soon as possible.

The Second Session of the Assembly of the International Oil Pollution Compensation Fund,

Having decided to raise the limit of 450 million francs referred to in paragraph 4, sub-paragraph (a) and (b) of Article 4 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971, to 675 million francs,

Decided to request IMCO to consider the desirability of revising the 1969 International Convention on Civil Liability for Oil Pollution Damage and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, in the light of this decision especially looking into the adequacy of the limits laid down by the two Conventions, the feasibility of changing the limits in either or both of the Conventions, as well as the problems caused by the limits applicable under the 1969 International Convention on Civil Liability for Oil Pollution Damage to small tankers, and the system of relieving the shipowner under Article 2, paragraph 1(b) of the 1971 Convention.

The Assembly of the International Oil Pollution Compensation Fund,

Conscious of the dangers of pollution posed by the world-wide maritime carriage of oil in bulk,

Aware of the detrimental effect of the escape or discharge of persistent oil into the sea may have on the environment and, in particular, on the ecology of the sea,

Conscious of the problems of assessing the extent of such damage in monetary terms,

Noting that under the Civil Liability Convention a claim for ecological pollution damage has been raised against the shipowner which was based on a theoretical model for assessment,

Confirms its intention that the assessment of compensation to be paid by the International Oil Pollution Compensation Fund is not to be made on the basis of an abstract quantification of damage calculated in accordance with theoretical models.

The Assembly of the International Oil Pollution Compensation Fund,

Aware of the problems caused by the use of (gold) francs as the monetary unit in the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, and the lack of uniformity in Member States regarding the methods of converting this unit of account into national currencies,

Concerned that this lack of uniformity may seriously affect the operations of the Fund,

Noting that the Protocol of 19 November 1976 to the Fund Convention has so far been ratified or acceded to by only four States and that the entry into force in the near future for all Members of the Fund is not likely,

Urges Governments of Member States to ensure that their national laws are brought into line with the method of conversion provided for by a resolution at the first session of the Assembly (OPCF/A.1/Res.1) and laid down in Regulation 2 of the Fund's Internal Regulations,

And reaffirms the recommendation contained in that resolution that Contracting States should become Parties to the Protocol of 19 November 1976 to the Fund Convention as soon as possible.

The Assembly of the International Oil Pollution Compensation Fund, 

Recalling that the International Oil Pollution Compensation Fund was established by the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, which entered into force in 1978, with a view to ensuring that adequate compensation is available to persons who suffer pollution damage caused by the world-wide maritime carriage of oil in bulk,

Noting with regret that only twenty-one States, far from covering the whole world, have become Contracting States to the said Convention and that the aims which led to the creation of the Fund have not yet been achieved,

Recognising the need and importance to promote the ratification, acceptance, approval or accession of the said Convention by a greater number of countries as early as possible,

Requests the Contracting States to the Convention and the Director of the Fund to make appropriate efforts in order to convince non-Contracting States to become Parties to the Convention, especially to make such efforts on the occasions of the meetings of the International Organisations concerned, such as IMCO.

 

The Assembly of the International Oil Pollution Compensation Fund,

Aware of the difference of views held in Contracting States regarding the question of whether the Civil Liability Convention and the Fund Convention cover expenses for preventive measures taken before an actual spill of persistent oil has occurred or in cases where no spill of persistent oil occurs at all,

Noting that these differences in the interpretation of the two afore-mentioned Conventions by Contracting States could lead to differing decisions in the various Contracting States regarding the Fund's liability,

Conscious of the need in a specific pollution incident for all parties concerned to do their utmost to prevent an actual spill of oil,

Recalling Assembly Resolution N°2, adopted by the Fund's Assembly at its 2nd session in April 1979, requesting IMCO to consider the desirability of revising the 1969 Civil Liability Convention and the 1971 Fund Convention,

Requests IMCO to bear in mind, when elaborating amendments to the two Conventions, the need to ensure that the cover for preventive measures provided for in the two Conventions clearly includes cover for measures taken before an actual spill of oil, if any, has occurred.

The Assembly of the International Oil Pollution Compensation Fund,

Having considered the system used hitherto for the submission by Member States of reports on receipts of contributing oil, in accordance with Article 15.2 of the Fund Convention,

Recognising that these reports are crucial for the functioning of the IOPC Fund, as the levy of contributions is based on these reports,

Noting that reports do not always reach the IOPC Fund on time or in the manner laid down in the IOPC Fund's Internal Regulations and that some reports are incomplete,

Urges Member States to take the necessary steps to ensure that the reports on contributing oil received in their territory are submitted in time, using the prescribed forms, and that the reports contain the particulars prescribed in the Fund Convention and in the Internal Regulations,

And requests Member States in which no person is liable to contribute to the IOPC Fund to submit reports certifying that this is the case in respect of the State concerned.

Future Development of the Intergovernmental Oil Pollution Liability and Compensation System based on the International Convention on Civil Liability for Oil Pollution Damage 1969, and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971

The Assembly of the International Oil Pollution Compensation Fund

Having examined the functioning of the system of compensation established by the International Convention on Civil Liability for Oil Pollution Damage, done at Brussels on 29 November 1969 (hereinafter referred to as the 1969 Civil Liability Convention), and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 19 December 1971 (hereinafter referred to as the 1971 Fund Convention), a system which has proved to be a viable regime for the rapid compensation of victims of oil pollution,

Recalling the Protocols which were adopted in 1984 to amend the 1969 Civil Liability Convention and the 1971 Fund Convention (hereinafter referred to as the 1984 Protocols) which provide for improved scope and enhanced compensation,

Recognising that it is unlikely that the 1984 Protocols will enter into force in their present form,

Bearing in mind that in adopting the International Convention on Oil Pollution Preparedness, Response and Cooperation 1990, the Conference on International Cooperation on Oil Pollution Preparedness and Response recognised the importance of the international instruments on liability and compensation for oil pollution damage and the compelling need for the early entry into force of the 1984 Protocols thereto,

Being of the opinion that it is necessary that the content of the 1984 Protocols enters into force as soon as possible, so as to ensure the viability of this system in the future,

Considering that the most practical way of achieving that result would be by adopting new protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention, containing the same substantive and administrative provisions, including those relating to limits of liability, as the 1984 Protocols but differing conditions for their entry into force,

Appreciating that it might be appropriate also to examine in this connection whether a cap on contributions payable by oil receivers in any given State should be introduced in the Fund Convention for a transitional period,

Convinced of the necessity of limiting any revision of the Conventions to the issues set out above, in order to ensure the early entry into force of any new instruments,

Requests the Secretary-General of the International Maritime Organization to convene an international conference, to be held if possible before the end of 1992, to consider:

(a) the draft protocols modifying the 1969 Civil Liability Convention and the 1971 Fund Convention which are attached to this resolution;

(b) the draft conference resolutions which are also attached to this resolution; and

(c) whether there should be introduced in the Fund Convention a system of setting a cap on contributions payable by oil receivers in any given State for a transitional period.

The Assembly of the International Oil Pollution Compensation Fund, 1971 (1971 Fund),

Noting that one of the aims of the international compensation system is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation,

Noting further that the definitions of 'pollution damage' and 'preventive measures' in the 1992 Fund Convention which form the basis for the criteria for admissibility are the same as those in the 1971 Fund Convention, except on one point where a modified text was adopted in 1992, in order to codify the interpretation of the definition of 'pollution damage' as decided by the Assembly of the 1971 Fund,

Aware of the necessity of ensuring consistency between the decisions of the 1971 Fund and those of the International Oil Pollution Compensation Fund, 1992 (1992 Fund) on the admissibility of claims,

Recalling that the 7th Intersessional Working Group established by the Assembly was given the mandate to examine the general criteria for the admissibility of claims for compensation for 'pollution damage' and 'preventive measures' within the scope of the 1969 Civil Liability Convention and the 1971 Fund Convention and the 1992 Protocols thereto,

Recalling further that the Assembly of the 1992 Fund has adopted a Resolution (Resolution N°3 as contained in Annex III to document 92FUND/A.1/34) on the admissibility of claims in which the 1992 Fund resolves that the report of the 7th Intersessional Working Group of the 1971 Fund (as contained in document FUND/A.17/23) on the criteria for the admissibility of claims for compensation shall form the basis of the policy of the 1992 Fund on the criteria for the admissibility of claims, decides that the criteria hitherto laid down by the Executive Committee of the 1971 Fund should be applied by the 1992 Fund in its consideration of the admissibility of claims, and affirms that the 1992 Fund will do its utmost to ensure consistency, as far as possible, between the decisions of the 1992 Fund and those of the 1971 Fund on the admissibility of claims,

Resolves that the 1971 Fund shall endeavour to ensure consistency, as far as possible, between the decisions of the 1971 Fund and those of the 1992 Fund on the admissibility of claims.

The Assembly of the International Oil Pollution Compensation Fund, 1971 (1971 Fund),

Recalling that the 1971 Fund and 1992 Fund are at present administered by a joint Secretariat,

Noting that the 1992 Fund has authorised the 1992 Fund Secretariat to administer also the 1971 Fund,

Noting also that the Assembly of the 1992 Fund has decided to establish its own Secretariat from the date on which the compulsory denunciations of the 1969 Civil Liability Convention and 1971 Fund Convention take effect,

Recognising that, after the compulsory denunciations take effect, the 1992 Fund will become the more important of the two Organisations in terms of receipts of contributing oil,

Acknowledging that it would be impractical for two separate Secretariats to operate concurrently,

Recalling also the Resolution adopted by the Assembly of the 1992 Fund (Resolution N°1 of the 1992 Fund, as contained in Annex I to document 92FUND/A.1/34) on the position of members of the 1971 Fund Secretariat whereby, when the 1992 Fund establishes its own Secretariat, the personnel employed by the 1971 Fund will, if they so wish, be transferred to the 1992 Fund Secretariat and in such a case will receive treatment no less favourable, as regards the terms and conditions of their service, as a result of the change of legal personality of their employer,

Resolves that, from the date of the establishment of the 1992 Fund Secretariat, the 1971 Fund shall be administered by the 1992 Fund Secretariat,

And declares that the functions which, under the 1971 Fund Convention, are entrusted to the Secretariat shall be performed by the Secretariat of the 1992 Fund.

The Assembly of the International Oil Pollution Compensation Fund 1971 (1971 Fund),

Aware that, following the entry into force of the 1992 Protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention, the settlement of and payment of compensation in accordance with the 1971 Fund Convention for claims arising from certain major incidents which occurred in recent years will not be finalised before the compulsory denunciations of the 1969 and 1971 Conventions become effective for a significant number of States Parties to these Conventions,

Noting that the provisions of the 1971 Fund Convention relating to the obligations to make contributions to such incidents continue to apply also in respect of States which have denounced that Convention,

Recalling its Resolution N°9 on the admissibility of claims for compensation and the need for consistency between the decisions of the 1971 Fund and those of the 1992 Fund,

Mindful of the principles and aims of the 1971 Fund and of the importance of adherence to previous decisions,

Noting that further decisions may need to be taken in respect of claims arising out of pending cases,

Recognising that former States Parties which have been affected by incidents covered by the 1971 Fund Convention but in respect of which settlements have not yet been finalised, should be entitled to present their views on pending cases in the competent bodies of the 1971 Fund,

Decides that, to the extent that the provisions of the 1971 Fund Convention relating to the obligations to make contributions under Articles 10 and 12 with respect to incidents which occurred before denunciation of the Convention has taken effect continue to apply, such States Parties shall be heard before further decisions concerning the admissibility of claims arising out of such incidents are taken,

Resolves that earlier decisions in pending cases shall not be overruled without the consent of the majority of those States which were Parties to the 1971 Fund Convention when those earlier decisions were taken,

And affirms that persons in former States Parties who have contributed to the 1971 Fund shall be entitled to participate in an equitable manner in the distribution of the assets which remain when the winding up of the 1971 Fund has been completed.

The Assembly Of The International Oil Pollution Compensation Fund 1971 (1971 Fund),

Aware that the 1992 Protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention (1992 Protocols) were intended to replace the Conventions in their original versions,

Recognising the importance of ratification, acceptance, approval or accession of the 1992 Protocols by States as early as possible,

Noting that many States have acceded to the 1992 Protocols and denounced the 1969 Civil Liability Convention and 1971 Fund Convention,

Mindful that the transitional period referred to in the 1992 Protocols, during which there is a mechanism so that the 1992 Protocols and the original Conventions operate together, will come to an end on 15 May 1998,

Conscious of the complex legal situation which would arise if an incident were to occur after 16 May 1998 in a State which was a Member of both the 1971 Fund and the 1992 Fund,

Recognising that to remain a Member of the 1971 Fund would provide no advantages for a State which has acceded to the 1992 Protocols, since the 1992 Protocols provide much higher limits of compensation than the Conventions in their original versions and have a wider scope of application on several points,

Noting the difficulties which may be encountered in the operation of the 1971 Fund after 16 May 1998, issues which are addressed in Resolution N°13,

Concerned that some States have acceded to the 1992 Protocols without having deposited instruments of denunciation of the 1969 Civil Liability Convention and 1971 Fund Convention,

Urges the Governments of 1971 Fund Member States to consider, as a matter of great urgency, accession to the 1992 Protocols; and

Resolves to remind the Governments of 1971 Fund Member States which deposit instruments of accession to the 1992 Protocols of the need to deposit simultaneously instruments of denunciation of the 1969 Civil Liability Convention and 1971 Fund Convention.

The Assembly Of The International Oil Pollution Compensation Fund 1971 (1971 Fund),

Noting that there are 76 States Parties to the 1971 Fund Convention;

Aware that 24 of these States will cease to be Members of the 1971 Fund from 16 May 1998 and that a number of other States will in the near future also cease to be Members of the 1971 Fund,

Recognising that, as a result of these States leaving the 1971 Fund, it is likely, despite considerable efforts to be made by the Director, that the Assembly of the Organisation will no longer be able to achieve a quorum and that the same may in the near future apply to its Executive Committee,

Acknowledging that this would result in the 1971 Fund's being unable to operate in a normal way,

Mindful that the 1971 Fund’s objective is to pay compensation to victims of oil pollution damage in Member States,

Recalling that it is the task of the Assembly, under Article 18.14 of the 1971 Fund Convention, to perform such functions as are necessary for the proper operation of the 1971 Fund,

Aware that the Assembly may allocate functions to the Executive Committee in accordance with Article 26.1(c) of the 1971 Fund Convention,

Noting that, under Article 44.2, the Assembly should take all appropriate measures to complete the winding up of the 1971 Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund,

Conscious of the need to establish a structure which will permit the 1971 Fund to operate from 16 May 1998 until such time as it is wound up,

Recognising that it is the general responsibility of the Assembly to ensure the proper operation of the 1971 Fund and that it is therefore the duty of the Assembly to take the necessary measures to achieve this,

Considering that it is important to ensure that the interests of States which remain Members of the 1971 Fund are protected,

Recalling Resolution N°11 of the 1971 Fund on co-operation between the 1971 Fund and its former Member States, in which it is recognised that former States Parties which have been affected by incidents covered by the 1971 Fund Convention but in respect of which settlements have not yet been finalised, should be entitled to present their views on pending cases in the competent bodies of the 1971 Fund,

  1. Instructs the Director to convene a regular session of the Assembly of the 1971 Fund once every calendar year, and in the invitations to urge States to make every effort to be represented at the meeting, and to draw attention to the consequences of a quorum not being achieved.
  2. Resolves that, in addition to those functions which are allocated to the Executive Committee pursuant to Article 26.1 of the 1971 Fund Convention, the following functions of the Assembly shall be delegated to the Executive Committee with effect from the first session of the Assembly at which the latter is unable to achieve a quorum, on the condition that if the Assembly were to achieve a quorum at a later session or sessions, the Assembly would resume the functions previously allocated to the Committee:

    (a) to adopt the annual budget and fix the annual contributions;
    (b) to appoint auditors and approve the accounts of the 1971 Fund;
    (c) to supervise the proper execution of the 1971 Fund Convention and of its own decisions;
    (d) to perform such other functions as are otherwise necessary for the proper operation of the 1971 Fund;
    (e) to take all appropriate measures to complete the winding up of the 1971 Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the 1971 Fund;
  3. Resolves also that, whenever the Executive Committee fails to achieve a quorum, all functions undertaken by the Committee (ie those allocated by the Assembly and those allocated in accordance with the 1971 Fund Convention) shall revert to the Assembly;
  4. Hereby creates a body to be known as the Administrative Council, which shall have the following mandate:

    (a) to perform such functions as are allocated to the Assembly under the 1971 Fund Convention or which are otherwise necessary for the proper operation of the 1971 Fund;
    (b) to establish a subsidiary body to consider the settlement of claims;
    (c) to give instructions to the Director concerning the administration of the 1971 Fund;
    (d) to supervise the proper execution of the Convention and of its own decisions;
    (e) to take all appropriate measures to complete the winding up of the 1971 Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the 1971 Fund, at the earliest possible opportunity;
  5. Further resolves that the Administrative Council shall assume its functions whenever the Assembly fails to achieve a quorum after the functions allocated to the Executive Committee in accordance with paragraph 2 have reverted to the Assembly pursuant to paragraph 3, on the condition that, if the Assembly were to achieve a quorum at a later session, it would resume its functions;
  6. Decides that the following States and organisations shall be invited to take part in sessions of the Administrative Council:

    (a) 1971 Fund Member States;
    (b) former 1971 Fund Member States;
    (c) other States which would be invited to attend sessions of the 1971 Fund Assembly as observers; and
    (d) intergovernmental organisations and international non-governmental organisations which have observer status with the 1971 Fund; and
  7. Further decides:

    (a) that decisions of the Administrative Council shall be taken by majority vote of those 1971 Fund Member States and former 1971 Fund Member States present and voting, provided that a former 1971 Fund Member State shall have the right to vote only in respect of issues relating to incidents which occurred while the 1971 Fund Convention was in force for that State;
    (b) that there shall be no quorum requirement for the Administrative Council;
    (c) that the Administrative Council shall meet at least once every calendar year at thirty days' notice upon convocation by the Director, either at his own initiative or at the request of its Chairman;
    (d) that the Rules of Procedure of the Administrative Council shall be those of the Assembly, to the extent applicable;
    (e) that the States invited to a session of the Administrative Council shall inform the Director of the person or persons who will attend; and
    (f) that the sessions of the Administrative Council shall be held in public, unless the Council decides otherwise;
  8. Further resolves that the Director of the 1971 Fund shall ex officio be the person who holds the post of Director of the 1992 Fund, provided that the Assembly of the 1992 Fund agrees thereto and that the Director of the 1992 Fund agrees to carry out the functions of the Director of the 1971 Fund also, or, if these conditions are not met, that the Director shall be appointed by the Executive Committee in accordance with paragraph 2 above, or by the Administrative Council in accordance with paragraph 4 above.

The Assembly Of The International Oil Pollution Compensation Fund 1971 (1971 Fund),

Aware that 24 of the present 76 States Parties to the 1971 Fund Convention will cease to be Members of the 1971 Fund from 16 May 1998 and that a number of other States will in the near future also cease to be Members of the 1971 Fund,

Noting that the 1992 Protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention (1992 Protocols) were intended to replace the Conventions in their original versions,

Recognising the difficulties which may be encountered in the operation of the 1971 Fund as a consequence of not achieving a quorum in the Assembly and Executive Committee after 16 May 1998,

Recalling the procedures laid down in Resolution N/13 to address these difficulties,

But acknowledging that the 1971 Fund may nevertheless be unable to operate in a normal way in a few years' time,

Conscious that the majority of the present contributors to the 1971 Fund are located in States which have denounced the 1971 Fund Convention or which are expected to do so in the near future,

And aware of the considerably increased financial burden which may fall on those contributors in States which remain Members of the 1971 Fund after other States have denounced the 1971 Fund Convention,

Recalling that it is the task of the Assembly, under Article 18.14 of the 1971 Fund Convention, to perform such functions as are necessary for the proper operation of the 1971 Fund,

Noting that Article 43 of the 1971 Fund Convention provides that the Convention shall cease to be in force on the date when the number of Contracting States falls below three,

Aware that, under Article 44.2 of the 1971 Fund Convention, the Assembly should take all appropriate measures to complete the winding up of the 1971 Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund,

Recognising that, before the winding up could take place, the 1971 Fund would have to meet its obligations in respect of all incidents which occurred before the Convention ceased to be in force,

But mindful that it will not be possible for the 1971 Fund to fulfil its objective of paying compensation to victims of oil pollution damage in Member States if there are no persons in the remaining Member States who are liable to pay contributions,

Conscious that Article 42 of the 1971 Fund Convention may provide a means of accelerating denunciation of the 1971 Fund Convention,

Resolves that urgent consideration should be given to exploring whether procedures could be established to enable the 1971 Fund to be wound up speedily.

The Administrative Council of the International Oil Pollution Compensation Fund 1971 (1971 Fund) Acting on behalf of the Assembly, 

Recalling Resolution N°13 of the Assembly of the 1971 Fund creating the Administrative Council,

Noting that paragraph 7(a) of Resolution N°13 provides that “decisions of the Administrative Council shall be taken by the majority vote of those 1971 Fund Member States and former 1971 Fund Member States present and voting, provided that a former 1971 Fund Member State shall have the right to vote only in respect of issues relating to incidents which occurred while the 1971 Fund Convention was in force for that State”,

Aware that on 24 May 2002 the 1971 Fund Convention shall cease to be in effect,

Noting also that, in the circumstances, there will be no States with the right to vote in the Administrative Council on issues relating to the winding up of the 1971 Fund, pursuant to paragraph 7(a) of Resolution N°13,

Acknowledging that such a situation will make it impossible for the Administrative Council to take decisions relating to such issues,

Recognising that the mandate of the Administrative Council is, inter alia, “to take all appropriate measures to complete the winding up of the 1971 Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the 1971 Fund, at the earliest possible opportunity”,

Mindful of the need to establish an arrangement which will permit the completion of the winding up of the 1971 Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund,

Bearing in mind that it is appropriate for measures to be taken to ensure that the necessary decisions on these matters can be taken in the Administrative Council,

Conscious of the need to ensure that the interests of the persons who have contributed to the 1971 Fund are protected,

Considering that, for these reasons, it is necessary to amend the provisions on voting rights in the Administrative Council, as contained in paragraph 7(a) of Resolution N°13,

Resolves to amend paragraph 7(a) of Resolution N°13 to read as follows:

“that decisions of the Administrative Council shall be taken by majority vote of all States having at any time been Members of the 1971 Fund present and voting, provided that, in respect of issues relating to incidents, States shall have the right to vote only as regards incidents which occurred when the State in question was a Member of the 1971 Fund;”

Further resolves that this amendment shall take effect on 25 May 2002.

The Assembly of the International Oil Pollution Compensation Fund, 1992 (1992 Fund),

the Administrative Council of the International Oil Pollution Compensation Fund, 1971 (1971 Fund), and

the Assembly of the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund),

Noting that the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 entered into force on 3 March 2005, thereby establishing the Supplementary Fund,

Aware that since the establishment of the 1992 Fund in 1996, the 1971 Fund and the 1992 Fund have been administered by a joint Secretariat headed by a single Director,

Recalling that from 1996 to 1998 the Secretariat of the 1971 Fund administered the 1992 Fund, whereas since 1998 the Secretariat of the 1992 Fund has served as Secretariat of the 1971 Fund also,

Recognising the benefits of the present arrangement,

Believing that a similar arrangement in respect of the Supplementary Fund would be beneficial,

Considering that the 1992 Fund, the 1971 Fund and the Supplementary Fund should be administered by one Secretariat headed by a single Director,

Taking the view that the most appropriate arrangement would be for the Secretariat of the 1992 Fund to function as the Secretariat not only of the 1971 Fund but also of the Supplementary Fund and that the Director of the 1992 Fund, in addition to being ex officio Director of the 1971 Fund, should also be ex officio Director of the Supplementary Fund.

Decide

  1. The Secretariat of the 1992 Fund shall as hitherto administer the 1971 Fund and shall also administer the Supplementary Fund.
  2. The Director of the 1992 Fund shall continue ex officio to be Director of the 1971 Fund and shall also ex officio be Director of the Supplementary Fund.

The Administrative Council of the International Oil Pollution Compensation Fund, 1971 (1971 Fund),

Recalling the adoption on 18 December 1971 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (hereinafter the “1971 Fund Convention”) at an International Conference convened by the Intergovernmental Maritime Consultative Organization at the Palais des Congress, Brussels and the subsequent establishment on 16 October, 1978 of the International Oil Pollution Compensation Fund (hereinafter the “1971 Fund”),

Recalling further that, pursuant to Article 2(a) of the Protocol of 2000 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, the 1971 Fund Convention had ceased to be in force as from 24 May 2002,

Bearing in mind that this did not result in the dissolution of the 1971 Fund,

Recalling Resolution No10 of the Assembly of the 1971 Fund (October 1996) whereby, as from the date of the establishment of the Secretariat of the International Oil Pollution Compensation Fund, 1992 (hereinafter “the 1992 Fund Secretariat”), the 1971 Fund including all secretariat functions, has been administered by the 1992 Fund Secretariat,

Recalling further Resolution No13 of the Assembly of the 1971 Fund (May 1998) whereby the Director of the 1992 Fund was designated ex officio as the Director of the 1971 Fund,

Taking into account Resolution No13 of the Assembly of the 1971 Fund (May 1998), as amended by Resolution No15 of the Assembly of the 1971 Fund (May 2002), which created the 1971 Fund Administrative Council and authorised it to perform the functions allocated to the Assembly under the 1971 Fund Convention, including the taking of appropriate measures to complete the winding up of the 1971 Fund and the distribution in an equitable manner of any remaining assets among those persons who have contributed to the 1971 Fund,

Bearing in mind the obligations contained in Article 44(1) and (2) of the 1971 Fund Convention, in the event that the 1971 Fund Convention ceased to be in force,

Mindful of the decision of the 1971 Fund Administrative Council at its thirty-first session in October 2013 to wind up the 1971 Fund as soon as possible,

Noting that all former 1971 Fund Member States have fulfilled their obligations under the 1971 Fund Convention, including the submission of oil reports,

Cognisant of the absence of any provisions in the 1971 Fund Convention providing for the process for the dissolution of the 1971 Fund,

Recognising the need for the 1971 Fund to be dissolved in an orderly and open process,

Taking into account the establishment by the 1971 Fund Administrative Council at its twenty-ninth session (October 2012) of a Consultation Group to facilitate the process of winding up the 1971 Fund,

Noting the recommendation of the Consultation Group that the 1971 Fund Administrative Council was empowered under the 1971 Fund Convention to decide to dissolve the 1971 Fund as a legal person,

Recognising accordingly that the 1971 Fund Administrative Council is the appropriate body to establish procedures for the dissolution of the 1971 Fund,

Mindful that the Consultation Group was of the view that the decision to dissolve the 1971 Fund should be formalised in a written document and that the best way to do this would be for the 1971 Fund Administrative Council to adopt a resolution to dissolve the 1971 Fund,

Mindful also of the intention of the 1971 Fund Administrative Council at its thirty-first session (October 2013) to decide to dissolve the 1971 Fund at its October 2014 session,

Considering Resolution No13 of the Assembly of the 1971 Fund (May 1998) concerning the absence of any quorum requirement for participation in sessions of the 1971 Fund Administrative Council,

Noting that, pursuant to Resolution No13, as amended by Resolution No15, the decisions of the 1971 Fund Administrative Council should be taken by majority vote of all States having at any time been Members of the 1971 Fund present and voting,

Noting also that the Consultation Group took the view that, since Resolution No13 already provided that no credentials were required but that States invited to a session of the 1971 Fund Administrative Council shall inform the Director of the person or persons who will attend (notification), the 1971 Fund Administrative Council should maintain the rule that notifications to the Director of the person or persons who will attend were sufficient,

Considering it desirable to ensure the participation by as many former Member States of the 1971 Fund Convention as possible in the decision to dissolve the 1971 Fund,

Mindful of the decision of the 1971 Fund Administrative Council at its thirty-first session (October 2013) instructing the Director to study the legal and procedural issues relating to the dissolution of the 1971 Fund,

  1. Agrees that the procedures as set out in this Resolution be adopted in connection with the dissolution of the 1971 Fund;
  2. Strongly encourages as many former Member States of the 1971 Fund as possible to participate in any decision to dissolve the 1971 Fund;
  3. To this end instructs the Director to issue an invitation to all former Member States of the 1971 Fund to participate in the 33rd session of the 1971 Fund Administrative Council to be held in October 2014 when the decision to dissolve the 1971 Fund is intended to be taken by adoption of a resolution;
  4. Agrees that the voting, notifications and quorum procedures as specified in Resolution No13, as amended by Resolution No15, shall be applied;
  5. Decides that the 1971 Fund has taken all reasonable steps to meet its obligations under Article 44(1) of the 1971 Fund Convention,
  6. Decides that any surplus monies in the Major Claims Funds shall be reimbursed in accordance with Regulations 4.4 and 4.5 of the 1971 Fund’s Financial Regulations. After the decision to dissolve the 1971 Fund is taken on 24 October 2014, reimbursement shall be made by 15 December 2014 on a pro rata basis directly to the contributors who have made contributions to these Major Claims Funds; and<1>
  7. Further decides that any surplus monies in the General Fund shall be reimbursed in accordance with the decision of the 1971 Fund Administrative Council at its fifteenth session (October 2004). After the decision to dissolve the 1971 Fund is taken on 24 October 2014, reimbursement shall be made directly to the contributors to the General Fund on a pro rata basis by 15 December 2014.<1>

 

<1>See document IOPC/OCT14/11/1, Annex V, pages 3-5 on the reimbursement to 1971 Fund contributors of the balance remaining in the General Fund and Nissos Amorgos Major Claims Fund.

The Administrative Council of the International Oil Pollution Compensation Fund, 1971 (1971 Fund),

Recalling the adoption on 18 December 1971 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (hereinafter the “1971 Fund Convention”) at an International Conference convened by the Intergovernmental Maritime Consultative Organization at the Palais des Congress, Brussels and the subsequent establishment on 16 October, 1978 of the International Oil Pollution Compensation Fund (hereinafter the “1971 Fund”)

Recalling further that, pursuant to Article 2(a) of the Protocol of 2000 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, the 1971 Fund Convention had ceased to be in force as from 24 May 2002,

Bearing in mind that this did not result in the dissolution of the 1971 Fund,

Recalling Resolution No10 of the Assembly of the 1971 Fund (October 1996) whereby, as from the date of the establishment of the Secretariat of the International Oil Pollution Compensation Fund, 1992 (hereinafter “the 1992 Fund Secretariat”), the 1971 Fund, including all secretariat functions, has been administered by the 1992 Fund Secretariat,

Recalling further Resolution No13 of the Assembly of the 1971 Fund (May 1998) whereby the Director of the 1992 Fund was designated ex officio as the Director of the 1971 Fund,

Taking into account Resolution No13 of the Assembly of the 1971 Fund (May 1998), as amended by Resolution No15 of the Assembly of the 1971 Fund (May 2002), which created the 1971 Fund Administrative Council and authorised it to perform the functions allocated to the Assembly under the 1971 Fund Convention, including the taking of appropriate measures to complete the winding up of the 1971 Fund and the distribution in an equitable manner of any remaining assets among those persons who have contributed to the 1971 Fund,

Noting that all former 1971 Fund Member States have fulfilled their obligations under the 1971 Fund Convention, including the submission of oil reports,

Bearing in mind the obligations contained in Article 44(1) and (2) of the 1971 Fund Convention, in the event that the 1971 Fund Convention ceased to be in force,

Considering that the 1971 Fund has now met its obligations under Article 44(1) and (2),

Considering further that there is no longer any need for the 1971 Fund to exist as a legal person pursuant to Article 44(3) of the 1971 Fund Convention,

Mindful of the decision of the 1971 Fund Administrative Council at its thirty-first session in October 2013 to wind up the 1971 Fund as soon as possible,

Recalling the procedures for dissolution of the 1971 Fund adopted by the 1971 Fund Administrative Council by Resolution No 17 at its thirty-second session (May 2014), Preparation for the Dissolution of the International Oil Pollution Compensation Fund (1971 Fund) (May 2014),

  1. Resolves that, with effect from the expiry of the last day of the financial year 2014 (31 December 2014), the 1971 Fund shall be dissolved and its legal personality shall cease to exist;
  2. Agrees that the Director shall inform all States having at any time been Members of the 1971 Fund, as well as the Secretary-General of the International Maritime Organization (IMO) in his capacity as Depositary of the 1971 Fund Convention, and all other relevant organisations, as well as the Government of the United Kingdom of Great Britain and Northern Ireland of the dissolution of the 1971 Fund, with effect from the expiry of the last day of the financial year 2014 (31 December 2014);
  3. Authorises the Director, in consultation with the Chairman of the 1971 Fund Administrative Council, to take any necessary and reasonable steps to implement paragraphs 6 and 7 of Resolution No17 of 9 May 2014;
  4. Further authorises the Director, in consultation with the Chairman of the 1971 Fund Administrative Council, to take any necessary and reasonable steps to give any remaining monies not so distributed to the World Maritime University, the International Maritime Law Institute and the International Maritime Safety, Security and Environment Academy in equal shares;
  5. Requests the External Auditor to carry out a final audit of the 1971 Fund for the 2014 financial year;
  6. Decides to request the Secretary-General of IMO to convene a meeting of all former Member States of the 1971 Fund to review and approve the Financial Statements of the 1971 Fund for the 2014 financial year;
  7. Requests that States having at any time been Members of the 1971 Fund be informed of the approval of the Financial Statements of the 1971 Fund for the 2014 financial year; and
  8. Decides to transfer full title to the archives of the 1971 Fund to the 1992 Fund.