Decisión nº: 002160

In April 1979 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). The Assembly recalled the absence in Article 5 of the Fund Convention of a means of replacement of out-of-date provisions in the instruments listed in Article 5.3, when such provisions were by amendment not falling within the ‘important nature’ provision in the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 not to take any action at the time in respect of this issue.