Decision ID: 003691

In October 2001 the 1992 Fund Assembly considered the report of the second and third meetings of the 3rd Intersessional Working Group which had been established by the Assembly to discuss the need to improve the compensation regime provided by the 1992 Civil Liablity Convention and the 1992 Fund Convention. The Assembly considered a draft Protocol establishing a Supplementary Fund for Compensation, which had been prepared by the Working Group. After amending a number of provisions the Assembly adopted a draft text of the Protocol and instructed the Director to submit it to the Secretary-General of the International Maritime Organization (IMO) requesting him to convene a Diplomatic Conference to consider the draft Protocol at the earliest opportunity. Noting that the Working Group had agreed that an examination should be made of what could be achieved within the present definition of ‘pollution damage’ as regards the admissibility of claims for reinstatement of the environment and for the costs of environmental impact studies, the Assembly considered proposals for new admissibility criteria. The Assembly noted that although there was a clear majority in favour of the proposals, a significant number of delegations had expressed doubts about the wording of the proposed criteria in respect of reinstatement measures. The Assembly decided that for this reason the matter should be referred back to the Working Group for further consideration with a view to the Assembly taking a decision at its next session. The Assembly, noting that there had been general support in the Working Group regarding the importance of marine pollution contingency planning, adopted a Resolution (1992 Fund Resolution No.6) urging all Contracting States to the 1992 Fund Protocol to ratify or accede to the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC) and the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 OPRC (HNS) Protocol. The Assembly instructed the Working Group to continue its work, but with a revised mandate, namely: (a) to continue an exchange of views concerning the need for and possibilities of further improving the compensation regime established by the 1992 Civil Liability and Fund Conventions, including the issues which had been identified by the Working Group, but not yet resolved, and (b) to report to the next regular session of the Assembly on the progress of its work and make such recommendations as it may deem appropriate.

Date: 30.09.2001
Category: Intersessional Working Groups
Subject: Working Group Reports