Until recent years the compensation regimes
established by the 1969 International Convention on Civil Liability for Oil
Pollution Damage (CLC) and 1971 International Convention on the Establishment
of an International Fund for Compensation for Oil Pollution (Fund Convention)
and their 1992 Protocols had successfully compensated claims arising in respect
of oil pollution damage to which they applied. However, following two major oil
pollution incidents – the Nakhodka in 1997 off Japan and the Erika off the coast
of France in 1999 – there is concern that claims may exceed the compensation
available under these regimes and, accordingly, increasing the levels of
compensation has become a pressing issue.
Amendments approved in October 2000 increase
the compensation limits under the 1992 Protocol to the CLC by just over 50%.
The amendments were introduced pursuant to existing CLC provisions designed to
deal with inflation, rather than as result of any fundamental change. The
increased levels come into force on November 2003 unless before that date
objections are received from one quarter of contracting states.
The table below sets out the compensation
levels currently payable under the 1992 Protocol and those which will apply
once the amendments come into force:
Vessel Gross Tonnage
|
Limit of Liability under 1992 Protocol
|
Limit of Liability under Amendments to 1992 Protocol
|
Not Exceeding 5,000
|
3 million SDR (US$ 3.85 million)
|
4.51 million SDR (US$ 5.79 million)
|
5,000 to 140,000
|
3 million SDR (US$ 3.85 million) plus 420 SDR (US$ 539) for
each additional gross tonne over 5,000
|
4.51 million SDR (US$ 5.79 million) plus 631 SDR (US$ 810) for
each additional gross tonne over 5,000
|
Over 140,000
|
59.7 million SDR (US$ 76.6 million)
|
89.77 million SDR (US$ 115 million )
|
(1 SDR = 1.28302 US$ as at 10.10.01. Source:
International Monetary Fund)
There are currently 73 contracting states to the 1992 CLC
Protocol. There are, however, still more than 50 contracting states to the
original 1969 CLC which imposes a maximum level of liability of only 14 million
SDR (US$ 18 million) . At a Diplomatic Conference of September 2000 dealing
with the revision of the winding up of the 1971 Fund (see below) IMO member
states were urged to adopt the 1992 CLC Protocol.
http://www.imo.org/blast/blastDataHelper.asp?data_id=15849&filename=LEG1(82).pdf
The 1992 Protocol may be viewed at
http://www.admiraltylawguide.com/conven/protocivilpol1992.html
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