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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(二)

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  Final clauses

  The final clauses of this Convention shall be Articles 28 to 39 of theProtocol of 1984 to the 1971 Fund Convention. References in thisConvention to Contracting States shall be taken to mean references to theContracting States of that Protocol.Article 27

  1. The 1971 Fund Convention and this Protocol shall, as between theParties to this Protocol, be read and interpreted together as one singleinstrument.

  2. Articles 1 to 36 quater of the 1971 Fund Convention as amended bythis Protocol shall be known as the International Convention on theEstablishment of an International Fund for Compensation for Oil PollutionDamage, 1984 (1984 Fund Convention)。

  FINAL CLAUSESArticle 28

  Signature, ratification, etc.

  1. This Protocol shall be open for signature at London from 1 December1984 to 30 November 1985 by any State which has signed the 1984 LiabilityConvention.

  2. Subject to paragraph 4, this Protocol shall be ratified, acceptedor approved by States which have signed it.

  3. Subject to paragraph 4, this Protocol is open for accession byStates 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 the1984 Liability Convention.

  5. Ratification, acceptance, approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General of the Organization.

  6. A State which is a Party to this Protocol but is not a Party to the1971 Fund Convention shall be bound by the provisions of the 1971 FundConvention as amended by this Protocol in relation to other Partieshereto, but shall not be bound by the provisions of the 1971 FundConvention in relation to Parties thereto.

  7. Any instrument of ratification, acceptance, approval or accessiondeposited after the entry into force of an amendment to the 1971 FundConvention as amended by this Protocol shall be deemed to apply to theConvention so amended, as modified by such amendment.Article 29

  Information on contributing oil

  1. Before this Protocol comes into force for a State, that Stateshall, when depositing an instrument referred to in Article 28, paragraph5, and annually thereafter at a date to be determined by theSecretary-General of the Organization, communicate to him the name andaddress of any person who in respect of that State would be liable tocontribute to the Fund pursuant to Article 10 of the 1971 Fund Conventionas amended by this Protocol as well as data on the relevant quantities ofcontributing oil received by any such person in the territory of thatState 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 onquantities of contributing oil received by persons liable to contribute toFund pursuant to Article 10 of the 1971 Fund Convention as amended by thisProtocol.Article 30

  Entry into force

  1. This Protocol shall enter into force twelve months following thedate on which the following requirements are fulfilled:

  (a) at least eight States have deposited instruments ofratification, acceptance, approval or accession with the Secretary-Generalof the Organization; and

  (b) the Secretary-General of the Organization has receivedinformation in accordance with Article 29 that those persons who would beliable to contribute pursuant to Article 10 of the 1971 Fund Convention asamended by this Protocol have received during the preceding calendar yeara total quantity of at least 600 million tons of contributing oil.

  2. However, this Protocol shall not enter into force before the 1984Liability Convention has entered into force.

  3. For each State which ratifies, accepts, approves or accedes to thisProtocol after the conditions in paragraph 1 for entry into force havebeen met, the Protocol shall enter into force twelve months following thedate of the deposit by such State of the appropriate instrument.

  4. Any State may, at the time of the deposit of its instrument ofratification, acceptance, approval or accession in respect of thisProtocol, declare that such instrument shall not take effect for thepurpose of this Article until the end of the six-month period in Article31.

  5. Any State which has made a declaration in accordance with thepreceding paragraph may withdraw it at any time by means of a notificationaddressed to the Secretary-General of the Organization. Any suchwithdrawal shall take effect on the date the notification is received,and any State making such a withdrawal shall be deemed to have depositedits instrument of ratification, acceptance, approval or accession inrespect of this Protocol on that date.

  6. Any State which has made a declaration under Article 13, paragraph2, of the Protocol of 1984 to the 1969 Liability Convention shall bedeemed to have also made a declaration under paragraph 4 of this Article.Withdrawal of declaration under the said Article 13, paragraph 2, shall bedeemed 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 whichthe following requirements are fulfilled:

  (a) at least eight States have become Parties to this Protocol orhave deposited instruments of ratification, acceptance, approval oraccession with the Secretary-General of the Organization, whether or notsubject to Article 30, paragraph 4; and

  (b) the Secretary-General of the Organization has receivedinformation in accordance with Article 29 that those persons who are orwould be liable to contribute pursuant to Article 10 of the 1971 FundConvention as amended by this Protocol have received during the precedingcalendar year a total quantity of at least 750 million tons ofcontributing oil;

  Each Party to this Protocol and each State which has deposited aninstrument of ratification, acceptance, approval or accession, whether ornot subject to Article 30, paragraph 4, shall, if party thereto, denouncethe 1971 Fund Convention and the 1969 Liability Convention with effecttwelve 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 FundConvention may be convened by the Organization.

  2. The Organization shall convene a Conference of Contracting Statesfor the purpose of revising or amending the 1984 Fund Convention at therequest 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 Statesany proposal to amend the limits of amounts of compensation laid down inArticle 4, paragraph 4, of the Convention as amended by this Protocolshall be circulated by the Secretary-General to all Members of theOrganization and to all Contracting States.

  2. Any amendment proposed and circulated as above shall be submittedto the Legal Committee of the Organization for consideration at a date atleast six months after the date of its circulation.

  3. All Contracting States to the Convention as amended by thisProtocol, whether or not Member of the Organization, shall be entitled toparticipate in the proceedings of the Legal Committee for theconsideration and adoption of amendments.

  4. Amendments shall be adopted by a two-thirds majority of theContracting States present and voting in the Legal Committee expanded asprovided for in paragraph 3 on condition that at least one-half of theContracting States shall be present at the time of voting.

  5. When acting on a proposal to amend the limits, the Committee shalltake into account the experience of incidents and in particular the amountof damage resulting therefrom and changes in the monetary values. It shallalso take into account the relationship between the limits in Article 4,paragraph 4, of the Convention as amended by this Protocol and those inArticle V, paragraph 1 of the International Convention on Civil Liabilityfor Oil Pollution Damage, 1984.

  6. (a) No amendment of the limits under this Article may be consideredless than five years from the date on which this Protocol was opened forsignature nor less than five years from the date of entry into force of aprevious amendment under this Article. No amendment under this Articleshall be considered before this Protocol has entered into force.

  (b) No limit may be increased so as to exceed an amount whichcorresponds to the limit laid down in the Convention as amended by thisProtocol increased by six per cent per year calculate on a compound basisfrom the date on which this Protocol was opened for signature.

  (c) No limit may be increased so as to exceed an amount whichcorresponds to the limit laid down in the Convention as amended by thisProtocol multiplied by three.

  7. Any amendment adopted in accordance with paragraph 4 shall benotified by the Organization to all Contracting States. The amendmentshall be deemed to have been accepted at the end of a period of eighteenmonths after the date of notification unless within that period not lessthan one-quarter of the States that were Contracting States at the time ofthe adoption of the amendment by the Committee have communicated to theOrganization that they do not accept the amendment in which case theamendment is rejected and shall have no effect.

  8. An amendment deemed to have been accepted in accordance withparagraph 7 shall enter into force eighteen months after its acceptance.

  9. All Contracting States shall be bound by the amendment, unless theydenounce this Protocol in accordance with Article 34, paragraphs 1 and 2,at least six months before the amendment enters into force. Suchdenunciation shall take effect when the amendment enters into force.

  10. When an amendment has been adopted by the Committee but theeighteen-month period for its acceptance has not yet expired, a Statewhich becomes a Contracting State during that period shall be bound by theamendment if it enters into force. A State which becomes a ContractingState after that period shall be bound by an amendment which has beenaccepted in accordance with paragraph 7. In the cases referred to in thisparagraph a State becomes bound by an amendment when that amendment entersinto force, or when this Protocol enters into force for that State, iflater.Article 34

  Denunciation

  1. This Protocol may be denounced by any Party at any time after thedate on which it enters into force for that Party.

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

  3. A denunciation shall take effect twelve months, or such longerperiod as may be specified in the instrument of denunciation, after itsdeposit with the Secretary-General of the Organization.

  4. Denunciation of the 1984 Liability Convention shall be deemed to bea denunciation of this Protocol. Such denunciation shall take effect onthe date on which denunciation of the Protocol of 1984 to the 1969Liability Convention takes effect according to Article 16 of thatProtocol.

  5. Any Contracting State to this Protocol which has not denounced the1971 Fund Convention and the 1969 Liability Convention as required byArticle 31 shall be deemed to have denounced this Protocol with effecttwelve months after the expiry of the six month period in that Article. Asfrom the date on which the denunciations provided for in Article 31 takeeffect, any Party to this Protocol which deposits an instrument ofratification, acceptance, approval or accession to the 1969 LiabilityConvention shall be deemed to have denounced this Protocol with effectfrom the date on which such instrument takes effect.

  6. As between the Parties to this Protocol, denunciation by any ofthem of the 1971 Fund Convention in accordance with Article 41 thereofshall not be construed in any way as a denunciation of the 1971 FundConvention as amended by this Protocol.

  7. Notwithstanding a denunciation of this Protocol by a Party pursuantto this Article, any provisions of this Protocol relating to theobligations to make contributions under Article 10 of the 1971 FundConvention as amended by this Protocol with respect to an incidentreferred to in Article 12, paragraph 2(b), of that amended Convention andoccurring 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 ofan instrument of denunciation the result of which it considers willsignificantly increase the level of contributions for the remainingContracting States, request the Director to convene an extraordinarysession of the Assembly. The Director shall convene an extraordinarysession of the Assembly. The Director shall convene the Assembly to meetnot later than sixty days after receipt of the request.

  2. The Director may convene, on his own initiative, an extraordinarysession of the Assembly to meet within sixty days after the deposit of anyinstrument of denunciation, if he considers that such denunciation willresult in a significant increase in the level of contributions of theremaining Contracting States.

  3. If the Assembly at an extraordinary session convened in accordancewith paragraph 1 or 2 decides that the denunciation will result in asignificant increase in the level of contributions for the remainingContracting States, any such State may, not later than one hundred andtwenty 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 numberof Contracting States falls below three.

  2. States which are bound by this Protocol on the day before the dateit ceases to be in force shall enable the Fund to exercise its functionsas described under Article 37 of this Protocol and shall, for that purposeonly, remain bound by this Protocol.Article 37

  Winding up of the Fund

  1. If this Protocol ceases to be in force, the Fund shallnevertheless:

  (a) meet its obligations in respect of any incident occurringbefore the Protocol ceased to be in force;

  (b) be entitled to exercise its rights to contributions to theextent that these contributions are necessary to meet the obligationsunder subparagraph (a), including expenses for the administration of theFund necessary for this purpose.

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

  3. For the purposes of this Article the Fund shall remain a legalperson.Article 38

  Depositary

  1. This Protocol and any amendments accepted under Article 33 shall bedeposited 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 thisProtocol of:

  (i) each new signature or deposit of an instrument togetherwith the date thereof;

  (ii) each declaration and notification under Article 30including declarations and withdrawals deemed to have been made inaccordance with that Article;

  (iii) the date of entry into force of this Protocol;

  (iv) the date by which denunciations provided for in Article31 are required to be made;

  (v) any proposal to amend limits of amounts of compensationwhich has been made in accordance with Article 33, paragraph 1;

  (vi) any amendment which has been adopted in accordance withArticle 33, paragraph 4;

  (vii) any amendment deemed to have been accepted under Article33, paragraph 7, together with the date on which that amendment shallenter into force in accordance with paragraphs 8 and 9 of that Article;

  (viii) the deposit of an instrument of denunciation of thisProtocol together with the date of deposit and the date on which it takeseffect;

  (ix) any denunciation deemed to have been made under Article34, paragraph 5;

  (x) any communication called for by any Article in thisProtocol;

  (b) transmit certified true copies of this Protocol to allSignatory States and to all States which accede to the Protocol.

  3. As soon as this Protocol enters into force, the text shall betransmitted by the Secretary-General of the Organization to theSecretariat of the United Nations for registration and publication inaccordance 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 beingequally authentic.

  DONE at London this twenty-fifty day of May one thousand nine hundredand eighty-four.

  IN WITNESS WHEREOF the undersigned being duly authorized for thatpurpose have signed this Protocol.

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