Decision ID: 003016

In March 2005 the Supplementary Fund Assembly decided that before a State’s failure to meet its obligation to submit oil reports was referred to the Assembly for the purpose of considering whether compensation should be denied under Article 15.2 or Article 15.3 of the Supplementary Fund Protocol for pollution damage in that State, such State should be given three months to resolve the situation. It was further decided that if the State had failed to resolve the situation by the expiry of the three-month period, the Director should notify the State accordingly and refer the matter to the Assembly at a session to be held within three months of the date of this notification. It was also decided that once the Assembly had concluded that a State had failed to fulfil its obligation, the Director should notify the State in writing that compensation would permanently be denied if the State had not complied with its obligation within one year of this notification. The Assembly approved a text of Internal Regulation 8 setting out the above procedures to be followed before denying compensation due to non-submission of oil reports. The Assembly instructed the Director to consider its normal procedures for monitoring the submission of oil reports and to make recommendations to the next session as to what further measures could be taken to encourage States to fulfil their obligations in this regard.