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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
|---|---|---|---|---|---|---|
| Protocol van 1992 tot wijziging van het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969 | BWBV0003263 | verdrag | geldend | 1997-11-15 | https://wetten.overheid.nl/BWBV0003263 | Protocol van 1992 tot wijziging van het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969 |
Protocol van 1992 tot wijziging van het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969
Artikel 1
The Convention which the provisions of this Protocol amend is the International Convention on Civil Liability for Oil Pollution Damage, 1969, hereinafter referred to as the “1969 Liability Convention”. For States Parties to the Protocol of 1976 to the 1969 Liability Convention, such reference shall be deemed to include the 1969 Liability Convention as amended by that Protocol.
Artikel 2
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 3
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 4
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 5
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 6
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 7
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 8
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 9
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 10
Wijzigt het Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1969; Brussel, 29 november 1969.
Artikel 11
1. The 1969 Liability Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument.
2. Articles I to XII ter, including the model certificate, of the 1969 Liability Convention as amended by this Protocol shall be known as the International Convention on Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention).
Hoofdstuk . FINAL CLAUSES
Artikel 12
1. This Protocol shall be open for signature at London from 15 January 1993 to 14 January 1994 by all States.
2.
Subject to paragraph 4, any State may become a Party to this Protocol by:
(a) (a) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or (b) (b) accession.
3. 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.
4. Any Contracting State to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, hereinafter referred to as the 1971 Fund Convention, may ratify, accept, approve or accede to this Protocol only if it ratifies, accepts, approves or accedes to the Protocol of 1992 to amend that Convention at the same time, unless it denounces the 1971 Fund Convention to take effect on the date when this Protocol enters into force for that State.
5. A State which is a Party to this Protocol but not a Party to the 1969 Liability Convention shall be bound by the provisions of the 1969 Liability Convention as amended by this Protocol in relation to other States Parties hereto, but shall not be bound by the provisions of the 1969 Liability Convention in relation to States Parties thereto.
6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the 1969 Liability Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment.
Artikel 13
1. This Protocol shall enter into force twelve months following the date on which ten States including four States each with not less than one million units of gross tanker tonnage have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization.
2. However, any Contracting State to the 1971 Fund Convention 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 be deemed not to be effective for the purposes of this Article until the end of the six-month period in Article 31 of the Protocol of 1992 to amend the 1971 Fund Convention. A State which is not a Contracting State to the 1971 Fund Convention but which deposits an instrument of ratification, acceptance, approval or accession in respect of the Protocol of 1992 to amend the 1971 Fund Convention may also make a declaration in accordance with this paragraph at the same time.
3. 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, provided that such State shall be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date.
4. For any State which ratifies, accepts, approves or accedes to it after the conditions in paragraph 1 for entry into force have been met, this Protocol shall enter into force twelve months following the date of deposit by such State of the appropriate instrument.
Artikel 14
1. A Conference for the purpose of revising or amending the 1992 Liability 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 1992 Liability Convention at the request of not less than one third of the Contracting States.
Artikel 15
1. Upon the request of at least one quarter of the Contracting States any proposal to amend the limits of liability laid down in Article V, paragraph 1, of the 1969 Liability 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 1969 Liability Convention as amended by this Protocol, whether or not Members 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 Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. It shall also take into account the relationship between the limits in Article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol and those in Article 4, paragraph 4, of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.
6. (a). (a). No amendment of the limits of liability under this Article may be considered before 15 January 1998 nor less than five years from the te 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). (b). No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the 1969 Liability Convention as amended by this Protocol increased by 6 per cent per year calculated on a compound basis from 15 January 1993. (c). (c). No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the 1969 Liability Convention as amended by this Protocol multiplied by 3.
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 Legal 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 16, 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 Legal 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.
Artikel 16
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. As between the Parties to this Protocol, denunciation by any of them of the 1969 Liability Convention in accordance with Article XVI thereof shall not be construed in any way as a denunciation of the 1969 Liability Convention as amended by this Protocol.
5. Denunciation of the Protocol of 1992 to amend the 1971 Fund Convention by a State which remains a Party to the 1971 Fund Convention shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which denunciation of the Protocol of 1992 to amend the 1971 Fund Convention takes effect according to Article 34 of that Protocol.
Artikel 17
1. This Protocol and any amendments accepted under Article 15 shall be deposited with the Secretary-General of the Organization.
2.
The Secretary-General of the Organization shall:
(a) (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 13 and each declaration and communication under Article V, paragraph 9, of the 1992 Liability Convention;
(iii)
the date of entry into force of this Protocol;
(iv)
any proposal to amend limits of liability which has been made in accordance with Article 15, paragraph 1;
(v)
any amendment which has been adopted in accordance with Article 15, paragraph 4;
(vi)
any amendment deemed to have been accepted under Article 15, paragraph 7, together with the date on which that amendment shall enter into force in accordance with paragraphs 8 and 9 of that Article;
(vii)
the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect;
(viii)
any denunciation deemed to have been made under Article 16, paragraph 5;
(ix)
any communication called for by any Article of this Protocol;
(i) (i) each new signature or deposit of an instrument together with the date thereof; (ii) (ii) each declaration and notification under Article 13 and each declaration and communication under Article V, paragraph 9, of the 1992 Liability Convention; (iii) (iii) the date of entry into force of this Protocol; (iv) (iv) any proposal to amend limits of liability which has been made in accordance with Article 15, paragraph 1; (v) (v) any amendment which has been adopted in accordance with Article 15, paragraph 4; (vi) (vi) any amendment deemed to have been accepted under Article 15, paragraph 7, together with the date on which that amendment shall enter into force in accordance with paragraphs 8 and 9 of that Article; (vii) (vii) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (viii) (viii) any denunciation deemed to have been made under Article 16, paragraph 5; (ix) (ix) any communication called for by any Article of this Protocol; (b) (b) transmit certified true copies of this Protocol to all Signatory States and to all States which accede to this 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.
Artikel 18
This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.