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II.7.90 (FUND 1971) INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, 1971, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.7.90

(FUND 1971) INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, 1971, AS AMENDED

ADOPTED: Done at Brussels on 18 December 1971
REFERENCE: FUND, 1971
UN TREATY NUMBER: I. 17146
ENTERED INTO FORCE: 16 October 1978 (Due to a number of denunciations, this Convention ceased to be in force on 24.05.2002)
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

Article XXXVI

1. This Convention shall remain open for signature by the States which have signed or which accede to the Liability Convention, and by any State represented at the Conference on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. The Convention shall remain open for signature until 31 December 1972.

2. Subject to paragraph 4, this Convention shall be ratified, accepted or approved by the States which have signed it.

3. Subject to paragraph 4, this Convention is open for accession by States which did not sign it.

4. This Convention may be ratified, accepted, approved or acceded to only by States which have ratified, accepted, approved or acceded to the Liability Convention.

Article XXXVIII

1. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organisation.

2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention with respect to all existing Contracting States, or after the completion of all measures required for the entry into force of the amendment with respect to those Parties shall be deemed to apply to the Convention as modified by the amendment.

ENTRY INTO FORCE

Article XXXIX

1. Before this Convention comes into force a State shall, when depositing an instrument referred to in Article XXXVIII, paragraph 1, and annually thereafter at a date to be determined by the Secretary-General of the Organization, communicate to him the address of any person who in respect of that State would be liable to contribute to the Fund pursuant to Article X as well as data in the territory of that State during the preceding calendar year.

Article XL

1. This Convention shall enter into force on the ninetieth day following the date on which the following requirements are fulfilled:

(a) at least eight States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization, and

(b) the Secretary-General of the Organization has received information in accordance with Article XXXIX that those persons in such States who would be liable to contribute pursuant to Article X have received during the preceding calendar year a total quantity of at least 750 million tons of contributing oil.

2. However, this Convention shall not enter into force before the Liability Convention has entered into force.

3. For each State which subsequently ratifies, accepts, approves or accedes to it, this Convention shall enter into force on the ninetieth day after deposit by such State of the appropriate instrument.

DENUNCIATION

Article XLI

1. This Convention may be denounced by any Contracting State at any time after the date on which the Convention comes into force for that State.

2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General of the Organization.

4. Denunciation of the Liability Convention shall be deemed to be a denunciation of this Convention. Such denunciation shall take effect on the same date as the denunciation of the Liability Convention takes effect according to paragraph 3 of Article XVI of that Convention.

5. Notwithstanding a denunciation by a Contracting State pursuant to this Article, any provisions of this Convention relating to the obligations to make contributions under Article X with respect to an incident referred to in Article XII, paragraph 2(b), and occurring before the denunciation takes effect shall continue to apply.

Article XLII

1. Any Contracting State may, within ninety days after the deposit of an instrument of denunciation the result of which it considers will significantly increase the level of contributions for remaining Contracting States, request the Director to convene an extraordinary session of the Assembly to meet not later than sixty days after receipt of the request.

2. The Director may convene, on his own initiative, an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if he considers that such denunciation will result in a significant increase in the level of contributions for the remaining Contracting States.

3. If the Assembly at an extraordinary session convened in accordance with paragraph 1 or 2 decides that the denunciation will result in a significant increase in the level of contributions for the remaining Contracting States, any such State may, not later than one hundred and twenty days before the date on which that denunciation takes effect, denounce this Convention with effect from the same date.

CESSATION

Article XLIII

1. This Convention shall cease to be in force on the date when the number of Contracting States falls below three.

2. Contracting States which are bound by this Convention on the date before the day it ceases to be in force shall enable the Fund to exercise its functions as described under Article XLIV and shall, for that purpose only, remain bound by this Convention.

Article XLIV

1. If this Convention ceases to be in force, the Fund shall nevertheless

  • (a) meet its obligations in respect of any incident occurring before the Convention ceased to be in force;
  • (b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under sub-paragraph (a), including expenses for the administration of the Fund necessary for this purpose.

2. The Assembly shall take all appropriate measures to complete the winding up of the Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund.

3. For the purposes of this Article the Fund shall remain a legal person.

AMENDMENTS

Article XLV

1. A Conference for the purpose of revising or amending this Convention may be convened by the Organization.

2. The organization shall convene a Conference of the Contracting States for revising or amending this Convention at the request of not less than one-third of all Contracting States.

DECLARATIONS, RESERVATIONS AND STATEMENTS

Canada

The instrument of accession of Canada was accompanied by the following declaration (in the English and French languages):

“The Government of Canada assumes responsibility for the payment of the obligations contained in articles X, XI and XII of the Fund Convention. Such payments to be made in accordance with section 774 of the Canada Shipping Act as amended by Chapter 7 of the Statutes of Canada 1987”.

Syrian Arab Republic

The instrument of accession of the Syrian Arab Republic contains the following sentence (in the Arab language):

[translation] “ . . . the accession of the Syrian Arab Republic to this Convention . . . in no way implies recognition of Israel and does not involve the establishment of any relations with Israel arising from the provisions of this Convention.”

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