Decision ID: 003686

In October 1981 the 1971 Fund Assembly generally endorsed the results of the fifth intersessional Working Group’s discussions and adopted a number of amendments to the 1971 Fund’s Internal Regulations. As regards contributions to the 1971 Fund, the Assembly decided that interest would be charged on unpaid annual contributions from the date on which payment was due at an annual rate of 2% higher than the lowest London clearing bank base rate, taking into account any changes in the rates while an annual contribution remained unpaid. The Assembly also decided that if, after all claims and expenses arising from a particular incident had been settled, there remained a substantial amount which had been reserved for that incident, the Assembly would decide whether such an amount should be reimbursed pro-rata to the persons who made contributions with respect to that incident or be credited pro rata to the accounts of these persons and that any amounts credited to a contributor’s account should bear interest at the rate of the lowest London clearing bank base rate taking into account any changes in the rates. It was also decided that if the Assembly were to consider that the reserved amount that remained was not substantial this amount would be transferred to the General Fund. As regards compensation payments, the Assembly decided that when agreement had been reached between the Fund and a claimant as to the value of the majority of items of a claim, but further investigation was required with respect to the remaining items, the Director could make payment in respect of the agreed items. The Assembly also decided that such provisional payments could be made before the shipowner had established the limitation fund in accordance with Article V.3 of the 1969 Civil Liability Convention. On the basis of the recommendation of the Working Group, the Assembly adopted a Resolution requesting the Inter-Governmental Maritime Consultative Organization (IMCO) to bear in mind, when elaborating amendments to the 1969 Civil Liability and 1971 Fund Conventions, the need to ensure that the scope of cover for preventive measures provided in the two Conventions clearly included measures taken before an actual spill of oil, if any, had occurred. The Assembly agreed with the recommendation of the Working Group that the issuance of a Claims Manual would be of great assistance to potential victims of pollution incidents for the filing of their claims against the 1971 Fund. The Assembly decided to request the 1971 Fund Executive Committee to consider the draft Claims Manual in the light of any comments received and finally adopt it for publication and circulation.