Decisión nº: 002141

In November 1978 the 1971 Fund Assembly recalled that under Article 5.3 of the 1971 Fund Convention the Fund was exonerated wholly or partially from its obligations to indemnify the shipowner and his guarantor if the ship from which the oil causing pollution damage escaped did not comply with the requirements laid down in certain instruments referred to in Article 5.3 (a), one of which was the International Regulations for Preventing Collisions at Sea, 1960. The Assembly decided in accordance with Article 5.4 of the 1971 Fund Convention that these Regulations should be replaced by the Convention on the International Regulations for Preventing Collisions at Sea, 1972 with effect from 1 June 1979. The Assembly noted the absence in Article 5 of the Fund Convention of a means of replacement of out-of-date provisions in the instruments listed in Article 5.3, when such provisions were by amendment not falling within the ‘important nature’ provision in the pertinent convention. The Assembly decided to defer to a subsequent session the consideration of whether this matter would require specific future attention.

Fecha: 01.11.1978
Categoría: Aplicación de los Convenios
Subject: Exoneración del Fondo de 1971 para indemnizar al propietario del buque y su fiador en virtud del artículo 5.3 del Convenio del Fondo de 1971