修正１９７１年设立国际油污损害赔偿基金国际公约的１９８４年议定书(附英文) (4)

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修正１９７１年设立国际油污损害赔偿基金国际公约的１９８４年议定书(附英文) (4)

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修正１９７１年设立国际油污损害赔偿基金国际公约的１９８４年议定书(附英文) (4)

更新时间：2007-5-2

Article 27
　　　1. The 1971 Fund Convention and this Protocol shall, as between the
　Parties to this Protocol,　be read and interpreted together as one single
　instrument.
　　　2. Articles 1 to 36 quater of the 1971 Fund Convention as amended by
　this Protocol shall be known as the International Convention on the
　Establishment of an International Fund for Compensation for Oil Pollution
　Damage, 1984 (1984 Fund Convention).　
　　FINAL CLAUSES　
　Article 28
　　　Signature, ratification, etc.
　　　1. This Protocol shall be open for signature at London from 1 December
　1984 to 30 November 1985 by any State which has signed the 1984 Liability
　Convention.
　　　2. Subject to paragraph 4, this Protocol shall be ratified, accepted
　or approved by States which have signed it.
　　　3. Subject to paragraph 4, this Protocol is open for accession by
　States which did not sign it.
　　　4. This Protocol may be ratified, accepted, approved or acceded to,
　only by States which have ratified, accepted, approved or acceded to the
　1984 Liability Convention.
　　　5. Ratification, acceptance, approval or accession shall be effected
　by the deposit of a formal instrument to that effect with the
　Secretary-General of the Organization.
　　　6. A State which is a Party to this Protocol but is not a Party to the
　1971 Fund Convention shall be bound by the provisions of the 1971 Fund
　Convention as amended by this Protocol in relation to other Parties
　hereto, but shall not be bound by the provisions of the 1971 Fund
　Convention in relation to Parties thereto.
　　　7. Any instrument of ratification, acceptance, approval or accession
　deposited after the entry into force of an amendment to the 1971 Fund
　Convention as amended by this Protocol shall be deemed to apply to the
　Convention so amended, as modified by such amendment.
　Article 29
　　　Information on contributing oil
　　　1. Before this Protocol comes into force for a State, that State
　shall, when depositing an instrument referred to in Article 28, paragraph
　5, and annually thereafter at a date to be determined by the
　Secretary-General of the Organization, communicate to him the name and
　address of any person who in respect of that State would be liable to
　contribute to the Fund pursuant to Article 10 of the 1971 Fund Convention
　as amended by this Protocol as well as data on the relevant quantities of
　contributing oil received by any such person in the territory of that
　State during the preceding calendar year.
　　　2. During the transitional period, the Director shall, for Parties,
　communicate annually to the Secretary-General of the Orqanization data on
　quantities of contributing oil received by persons liable to contribute to
　Fund pursuant to Article 10 of the 1971 Fund Convention as am

ended by this
　Protocol.　
　
　Article 30
　　　Entry into force
　　　1. This Protocol shall enter into force twelve months 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 29 that those persons who would be
　liable to contribute pursuant to Article 10 of the 1971 Fund Convention as
　amended by this Protocol have received during the preceding calendar year
　a total quantity of at least 600 million tons of contributing oil.
　　　2. However, this Protocol shall not enter into force before the 1984
　Liability Convention has entered into force.
　　　3. For each State which ratifies, accepts, approves or accedes to this
　Protocol after the conditions in paragraph 1 for entry into force have
　been met, the Protocol shall enter into force twelve months following the
　date of the deposit by such State of the appropriate instrument.
　　　4. Any State may, at the time of the deposit of its instrument of
　ratification, acceptance,　approval or accession in respect of this
　Protocol, declare that such instrument shall not take effect for the
　purpose of this Article until the end of the six-month period in Article
　31.
　　　5. Any State which has made a declaration in accordance with the
　preceding paragraph may withdraw it at any time by means of a notification
　addressed to the Secretary-General of the Organization. Any such
　withdrawal shall take effect on the date the notification is received,
　and any State making such a withdrawal shall be deemed to have deposited
　its instrument of ratification, acceptance, approval or accession in
　respect of this Protocol on that date.
　　　6. Any State which has made a declaration under Article 13, paragraph
　2, of the Protocol of 1984 to the 1969 Liability Convention shall be
　deemed to have also made a declaration under paragraph 4 of this Article.
　Withdrawal of declaration under the said Article 13, paragraph 2, shall be
　deemed to constitute withdrawal also under paragraph 5 of this Article.　
　
　Article 31
　　　Denunciation of 1969 and 1971 Conventions
　　　Subject to Article 30, within six months following the date on which
　the following requirements are fulfilled:
　　　　　(a) at least eight States have become Parties to this Protocol or
　have deposited instruments of ratification, acceptance, approval or
　accession with the Secretary-General of the Organization,　whether or not
　subject to Article 30, paragraph 4; and
　　　　　(b) the Secretary-General of the Organization has received
　information in accordance with A

rticle 29 that those persons who are or
　would be liable to contribute pursuant to Article 10 of the 1971 Fund
　Convention as amended by this Protocol have received during the preceding
　calendar year a total quantity of at least 750 million tons of
　contributing oil;
　　　Each Party to this Protocol and each State which has deposited an
　instrument of ratification,　acceptance, approval or accession, whether or
　not subject to Article 30, paragraph 4,　shall, if party thereto, denounce
　the 1971 Fund Convention and the 1969 Liability Convention with effect
　twelve months after the expiry of the above-mentioned six-month period.
　Article 32
　　　Revision and amendment
　　　1. A conference for the purpose of revising or amending the 1984 Fund
　Convention may be convened by the Organization.
　　　2. The Organization shall convene a Conference of Contracting States
　for the purpose of revising or amending the 1984 Fund Convention at the
　request of not less than one-third of all Contracting States.　
　
　Article 33
　　　Amendment of compensation limits
　　　1. Upon the request of at least one-quarter of the Contracting States
　any proposal to amend the limits of amounts of compensation laid down in
　Article 4, paragraph 4, of the Convention as amended by this Protocol
　shall be circulated by the Secretary-General to all Members of the
　Organization and to all Contracting States.
　　　2. Any amendment proposed and circulated as above shall be submitted
　to the Legal Committee of the Organization for consideration at a date at
　least six months after the date of its circulation.
　　　3. All Contracting States to the Convention as amended by this
　Protocol, whether or not Member of the Organization, shall be entitled to
　participate in the proceedings of the Legal Committee for the
　consideration and adoption of amendments.
　　　4. Amendments shall be adopted by a two-thirds majority of the
　Contracting States present and voting in the Legal Committee expanded as
　provided for in paragraph 3 on condition that at least one-half of the
　Contracting States shall be present at the time of voting.
　　　5. When acting on a proposal to amend the limits, the Committee shall
　take into account the experience of incidents and in particular the amount
　of damage resulting therefrom and changes in the monetary values. It shall
　also take into account the relationship between the limits in Article 4,
　paragraph 4, of the Convention as amended by this Protocol and those in
　Article V, paragraph 1 of the International Convention on Civil Liability
　for Oil Pollution Damage, 1984.
　　　6. (a) No amendment of the limits under this Article may be considered
　less than five years from the date on which this Protocol was opened for
　signature nor less than five years from the

date of entry into force of a
　previous amendment under this Article. No amendment under this Article
　shall be considered before this Protocol has entered into force.
　　　　　(b) No limit may be increased so as to exceed an amount which
　corresponds to the limit laid down in the Convention as amended by this
　Protocol increased by six per cent per year calculate on a compound basis
　from the date on which this Protocol was opened for signature.
　　　　　(c) No limit may be increased so as to exceed an amount which
　corresponds to the limit laid down in the Convention as amended by this
　Protocol multiplied by three.　
　
　　　7. Any amendment adopted in accordance with paragraph 4 shall be
　notified by the Organization to all Contracting States. The amendment
　shall be deemed to have been accepted at the end of a period of eighteen
　months after the date of notification unless within that period not less
　than one-quarter of the States that were Contracting States at the time of
　the adoption of the amendment by the Committee have communicated to the
　Organization that they do not accept the amendment in which case the
　amendment is rejected and shall have no effect.
　　　8. An amendment deemed to have been accepted in accordance with
　paragraph 7 shall enter into force eighteen months after its acceptance.
　　　9. All Contracting States shall be bound by the amendment, unless they
　denounce this Protocol in accordance with Article 34, paragraphs 1 and 2,
　at least six months before the amendment enters into force. Such
　denunciation shall take effect when the amendment enters into force.
　　　10. When an amendment has been adopted by the Committee but the
　eighteen-month period for its acceptance has not yet expired, a State
　which becomes a Contracting State during that period shall be bound by the
　amendment if it enters into force. A State which becomes a Contracting
　State after that period shall be bound by an amendment which has been
　accepted in accordance with paragraph 7. In the cases referred to in this
　paragraph a State becomes bound by an amendment when that amendment enters
　into force, or when this Protocol enters into force for that State, if
　later.
　Article 34
　　　Denunciation
　　　1. This Protocol may be denounced by any Party at any time after the
　date on which it enters into force for that Party.
　　　2. Denunciation shall be effected by the deposit of an instrument with
　the Secretary-General of the Organization.
　　　3. A denunciation shall take effect twelve months, 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 1984 Liability Convention shall be deemed to be
　a denunciation of this Protocol. Such denuncia

tion shall take effect on
　the date on which denunciation of the Protocol of 1984 to the 1969
　Liability Convention takes effect according to Article 16 of that
　Protocol.　
　
　　　5. Any Contracting State to this Protocol which has not denounced the
　1971 Fund Convention and the 1969 Liability Convention as required by
　Article 31 shall be deemed to have denounced this Protocol with effect
　twelve months after the expiry of the six month period in that Article. As
　from the date on which the denunciations provided for in Article 31 take
　effect,　any Party to this Protocol which deposits an instrument of
　ratification, acceptance, approval or accession to the 1969 Liability
　Convention shall be deemed to have denounced this Protocol with effect
　from the date on which such instrument takes effect.
　　　6. As between the Parties to this Protocol, denunciation by any of
　them of the 1971 Fund Convention in accordance with Article 41 thereof
　shall not be construed in any way as a denunciation of the 1971 Fund
　Convention as amended by this Protocol.
　　　7. Notwithstanding a denunciation of this Protocol by a Party pursuant
　to this Article,　any provisions of this Protocol relating to the
　obligations to make contributions under Article 10 of the 1971 Fund
　Convention as amended by this Protocol with respect to an incident
　referred to in Article 12, paragraph 2(b), of that amended Convention and
　occurring before the denunciation takes effect shall continue to apply.
　Article 35
　　　Extraordinary sessions of the Assembly
　　　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 the remaining
　Contracting States, request the Director to convene an extraordinary
　session of the Assembly. The Director shall convene an extraordinary
　session of the Assembly. The Director shall convene 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 of 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 the denunciation takes effect,
　denounce this Protocol with effect from the same date.　
　
　Article 36
　　

　Cessation
　　　1. Any Protocol shall cease to be in force on the date when the number
　of Contracting States falls below three.
　　　2. States which are bound by this Protocol on the day before the date
　it ceases to be in force shall enable the Fund to exercise its functions
　as described under Article 37 of this Protocol and shall, for that purpose
　only, remain bound by this Protocol.
　Article 37
　　　Winding up of the Fund
　　　1. If this Protocol ceases to be in force, the Fund shall
　nevertheless:
　　　　　(a) meet its obligations in respect of any incident occurring
　before the Protocol 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 subparagraph (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.　
　
　Article 38
　　　Depositary
　　　1. This Protocol and any amendments accepted under Article 33 shall be
　deposited with the Secretary-General of the Organization.
　　　2. The Secretary-General of the Organization shall:
　　　　　(a) inform all States which have signed or acceded to this
　Protocol of:
　　　　　　　(i) each new signature or deposit of an instrument together
　with the date thereof;
　　　　　　　(ii) each declaration and notification under Article 30
　including declarations and withdrawals deemed to have been made in
　accordance with that Article;
　　　　　　　(iii) the date of entry into force of this Protocol;
　　　　　　　(iv) the date by which denunciations provided for in Article
　31 are required to be made;
　　　　　　　(v) any proposal to amend limits of amounts of compensation
　which has been made in accordance with Article 33, paragraph 1;
　　　　　　　(vi) any amendment which has been adopted in accordance with
　Article 33,　paragraph 4;
　　　　　　　(vii) any amendment deemed to have been accepted under Article
　33, paragraph 7, together with the date on which that amendment shall
　enter into force in accordance with paragraphs 8 and 9 of that Article;
　　　　　　　(viii) the deposit of an instrument of denunciation of this
　Protocol together with the date of deposit and the date on which it takes
　effect;
　　　　　　　(ix) any denunciation deemed to have been made under Article
　34, paragraph 5;
　　　　　　　(x) any communication called for by any Article in this
　Protocol;
　　　　　(b) transmit certified true copies of this Protocol to all
　Signatory States and to all States which acced

e to the Protocol.
　　　3. As soon as this Protocol enters into force, the text shall be
　transmitted by the Secretary-General of the Organization to the
　Secretariat of the United Nations for registration and publication in
　accordance with Article 102 of the Charter of the United Nations.
　Article 39
　　　Languages
　　　This Protocol is established in a single original in the Arabic,
　Chinese, English, French,　Russian and Spanish languages, each text being
　equally authentic.
　　　DONE at London this twenty-fifty day of May one thousand nine hundred
　and eighty-four.
　　　IN WITNESS WHEREOF the undersigned being duly authorized for that
　purpose have signed this Protocol.　

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