BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

adopted draft protocols to modify these Conventions. The proposed new Protocols include the
substantive provisions of the 1984 Protocols thereto, but with lower entry-into-force conditions.
This ensures early entry into force of the new Protocols, thereby preserving the viability of the
compensation system in the future.
As at 15 June 1993, 7 States have signed the 1992 Protocols, indicating that they are preparing the
necessary legislation to enable them to ratify the Protocols.
The main amendments adopted by the 1992 Conference are the following.
(4
04
(cl
(4
(4
Higher limits for shipowner’s liability
The limits of the shipowner’s liability are changed by the introduction of a special
liability limit for small vessels and by a substantial increase of the limitation amounts.
The new limitation figures are:
0)
for a ship not exceeding 5 000 gross tonnage, 3 million SDR (US $4.2
million):
(ii) for a ship with a tonnage between 5 000 and 140 000 gross tonnage,
3 million SDR plus 420 SDR (US $596) for each additional tonnage;
(iii) for a ship exceeding 140 000 gross tonnage, 59.7 million SDR
(US $85 million).
Higher limit of 1992 Fund’s compensation
The limit of compensation payable by the IOPC Fund under the 1992 Fund
Convention is increased to 135 million SDR (US$192 million), including the
compensation payable by the shipowner under the 1992 Civil Liability Convention.
The limitation figure will be increased automatically to 200 million SDR
(US $283 million) when there are three Member States of the 1992 Fund whose
combined quantity of contributing oil received during a given year in their respective
territories exceeds 600 million tonnes.
No indemnification of shipowners
Under the 1992 Fund Convention there is no indemnification payable by the 1992
Fund to the shipowner. The shipowner’s liability under the 1992 Civil Liability
Convention is, therefore, the net liability to be borne by him or his insurer.
Geographical scope of application
The geographical scope of application of the Conventions is extended to the
exclusive economic zone (EEZ), established under the United Nations Convention on
the Law of the Sea. With regard to preventive measures, it is reconfirmed that the
costs for such measures are covered by the Conventions, wherever the measures
are taken.
Spills from unladen tankers
Pollution damage caused by a spill of persistent oil from an unladen tanker is to be
compensated under the Civil Liability Convention and the Fund Convention. This is
in contrast to the present Conventions.
2 8 0