Civil Liability for Oil Pollution Damage (1992 CLC and 1992 Fund Convention) (K473E)

Consolidated texts of the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.

This publication contains the texts of the documents which resulted from the work of the 1992 International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention. The Conference, which was convened by the International Maritime Organiza tion (IMO), met in London from 23 to 27 November 1992. When it became clear that the Protocols of 1984 to the 1969 Civil Liability Convention and the 1971 Fund Convention would not enter into force in the foreseeable future, work was initiated in the International Oil Pollution Compensation Fund (IOPC Fund) to elaborate new protocols with the same substantive provisions as the 1984 Protocols but with lower requirements for entry into force. The Legal Committee of IMO approved the draft protocols prepared by the IOPC Fund for submission to the 1992 Diplomatic Conference. The Conference adopted the Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the Protocol of 1992 to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. The texts of the two Protocols are reproduced in part 1 of this publication. In doing so, the Conference agreed in a resolution that these Protocols should constitute the amending instruments to the 1969 and 1971 Conventions and that the two Protocols to these instruments which were adopted in 1984 should no longer be viable. The Conference also adopted four other resolutions. The texts are reproduced in Part 3 of this publication, along with the Final Act of the Conference, to which they are an attachment. Pursuant to the provisions of the Protocols, the 1969 and 1971 Conventions, as amended by the respective Protocols of 1992 thereto, were to be referred to respectively as the International Convention on Civil Liability for Oil Pollution Damage, 1992, and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992. The Conference requested the Secretary General of IMO to prepare authentic texts of those two Conventions. These texts are reproduced in Part 2 of this publication. The footnotes to the texts, which have been added by the IMO Secretariat, do not form part of the Conventions or Protocols. Except for a new article in the 1992 Protocol to the Fund Convention introducing a system of capping of contributions, all substantive provisions in the 1992 Protocols are identical to those of the 1984 Protocols.

Part 1
Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969
Annex: Certificate of Insurance or Other Financial Security in Respect of Civil Liability for Oil Pollution Damage
Protocol of 1992 to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971

Part 2
Consolidated text of the International Convention on Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention)
Annex: Certificate of Insurance or Other Financial Security
Consolidated text of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (1992 Fund Convention)

Part 3
Final Act of the International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention, 1992
Attachment: Resolutions adopted by the Conference

Resolution 1 Resolution on the recognition of certificates issued in accordance with the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the International Convention on Civil Liability for Oil Pollution Damage, 1992

Resolution 2 Resolution on the establishment of the International Oil Pollution Compensation Fund, 1992

Resolution 3 Resolution on the need to avoid a situation in which two conflicting treaty regimes are operational

Resolution 4 Resolution on certain problems of treaty law concerning States which have already expressed their consent to be bound by the 1984 Protocols

Resolution 5 Resolution on the acceptance of an interim cap on contributions payable by oil receivers in any given State

Supplement

As a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.

In other words, its role is to create a level playing field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. IMO is the forum at which this process takes place.