Decision ID: 002901

In October 2003 the 1992 Fund Assembly noted that an International Conference held under the auspices of the International Maritime Organization) IMO in May 2003 had adopted a Protocol to the 1992 Fund Convention creating a Supplementary Fund providing compensation for oil pollution damage in States Parties to the Protocol if the amount available under the 1992 Civil Liability and Fund Conventions was insufficient for victims to receive full compensation. It was also noted that the International Conference had adopted a Resolution requesting the 1992 Assembly to authorise the Director to make the necessary preparatory arrangements for the setting up of the Supplementary Fund. The Assembly instructed the Director to base the preparatory work on the assumption that the Supplementary Fund would have its Headquarters in London and that the 1992 Fund and the Supplementary Fund would be administered by a joint Secretariat headed by a single Director. The Assembly agreed that, since the Supplementary Fund would not make its own examination of claims for compensation, but pay compensation for claims that had been recognised by the 1992 Fund or had been accepted as admissible by a decision of a competent court binding on the 1992 Fund, there would be no need for the Supplementary Fund to set up a body to deal with claims for compensation. The Director was instructed to enter into consultations with the United Kingdom Government on the preparations of a Headquarters Agreement governing the relationship between the Host State and the Supplementary Fund and to enter into negotiations with IMO concerning administrative arrangements for the Supplementary Fund.

Date: 30.09.2003
Categories: Administrative matters, Application of the Conventions, Financial limits, limitation proceedings and indemnification
Subjects: Compensation supplementary to the 1992 Conventions and voluntary agreements, Revision of the Conventions and preparations for entry into force of amending Protocols, Compensation supplementary to the 1992 Conventions and voluntary agreements, Compensation supplementary to the 1992 Conventions and voluntary agreements