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BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

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Initial<br />

Contributions<br />

Annual<br />

Contributions<br />

Total Contribution<br />

Contribution oer Tonne<br />

f<br />

1979 750 000 0.0008455 845<br />

1980 10 000 000 0.0126100 12 610<br />

1981 500 000 0.0005690 569<br />

1982 860 000 0.0010357 1 036<br />

1983 24 106 000 0.0260786 26 079<br />

1984 0 O.OOOOOOO 0<br />

1985 1500 000 0.0018306 1 831<br />

1986 1 800 000 0.0023360 2 336<br />

1987 1 200 000 0.0015347 1 535<br />

1988 2 990 000 0.0037<strong>59</strong>9 3 760<br />

1989 4 800 000 0.0060256 6 026<br />

1990 500 000 0.0005563 556<br />

1991 26 700 000 0.0287013 28 701<br />

1992 IO 950 000 0.0116210 11 621<br />

f<br />

0.0029543<br />

Contribution<br />

for<br />

1 milliorTonnes<br />

f<br />

2 954<br />

It should be noted that of the contribution levied in 1983 an amount of f13.9 million was later<br />

repaid to the contributors.<br />

4 Advantaaes of Membership of the IOPC Fund<br />

4.1 The advantages for a State of being Member of the IOPC Fund can be summarised as follows.<br />

If a pollution incident occurs involving a laden tanker, a total amount of US $83.8 million is<br />

available to compensate victims, eg the Government or other authorities which have incurred<br />

clean-up costs or costs for preventing or minimising pollution damage, and private individuals<br />

who have suffered damage, eg fishermen whose boats and nets have been polluted or who<br />

suffer loss of income as a result of the pollution, or hoteliers at a seaside resort whose income<br />

is reduced. This is independent of the flag of the tanker, the ownership of the oil or the place<br />

where the incident occurred, provided that the damage is suffered within the territory. including<br />

the territorial sea, of a Member State.<br />

4.2 In comparison with the voluntary industry schemes, TOVALOP and CRISTAL. the following<br />

advantages of the system established by the Conventions should be pointed out. Under the<br />

Conventions, the national courts of the country where the damage is caused are the final<br />

arbiters of any dispute. The Conventions contribute to the unification of law in this field<br />

(cf Article 235 of the United Nations Convention on the Law of the Sea). By its decisions in<br />

respect of various incidents, the IOPC Fund contributes to the development of international law,<br />

thereby facilitating the harmonisation of law between Member States. The major decisions are<br />

taken by the Assembly and the Executive Committee, composed of representatives-of Member<br />

States, and Member Governments can thus influence the development of law within the IOPC<br />

Fund, which is not the case in respect of the voluntary schemes. Finally, a system based on<br />

conventions forming part of the national law of Contracting States gives a much higher degree<br />

of stability than voluntary schemes.<br />

269

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