PROTOCOL OF 2003 TO THE INTERNATIONAL

CONVENTION ON THE ESTABLISHMENT OF AN

INTERNATIONAL FUND FOR COMPENSATION

FOR OIL POLLUTION DAMAGE, 1992

THE CONTRACTING STATES TO THE PRESENT PROTOCOL,

BEARING IN MIND the International Convention on Civil Liability for Oil Pollution Damage,

1992 (hereinafter “the 1992 Liability Convention”),

HAVING CONSIDERED the International Convention on the Establishment of an

International Fund for Compensation for Oil Pollution Damage, 1992 (hereinafter “the 1992

Fund Convention”),

AFFIRMING the importance of maintaining the viability of the international oil pollution

liability and compensation system,

NOTING that the maximum compensation afforded by the 1992 Fund Convention might be

insufficient to meet compensation needs in certain circumstances in some Contracting States to

that Convention,

RECOGNIZING that a number of Contracting States to the 1992 Liability and 1992 Fund

Conventions consider it necessary as a matter of urgency to make available additional funds for

compensation through the creation of a supplementary scheme to which States may accede if they

so wish,

BELIEVING that the supplementary scheme should seek to ensure that victims of oil pollution

damage are compensated in full for their loss or damage and should also alleviate the difficulties

faced by victims in cases where there is a risk that the amount of compensation available under the

1992 Liability and 1992 Fund Conventions will be insufficient to pay established claims in full and

that as a consequence the International Oil Pollution Compensation Fund, 1992, has decided

provisionally that it will pay only a proportion of any established claim,

CONSIDERING that accession to the supplementary scheme will be open only to Contracting

States to the 1992 Fund Convention,

Have agreed as follows:

General provisions

Article 1

For the purposes of this Protocol:

1. “1992 Liability Convention” means the International Convention on Civil Liability for Oil

Pollution Damage, 1992;

2. “1992 Fund Convention” means the International Convention on the Establishment of an

International Fund for Compensation for Oil Pollution Damage, 1992;

3. “1992 Fund” means the International Oil Pollution Compensation Fund, 1992, established

under the 1992 Fund Convention;

4. “Contracting State” means a Contracting State to this Protocol, unless stated otherwise;

5. When provisions of the 1992 Fund Convention are incorporated by reference into this

Protocol, “Fund” in that Convention means “Supplementary Fund”, unless stated otherwise;

6. "Ship", "Person", "Owner", "Oil", "Pollution Damage", "Preventive Measures" and

"Incident" have the same meaning as in article I of the 1992 Liability Convention;

7. “Contributing Oil”, “Unit of Account”, “Ton”, “Guarantor” and “Terminal installation” have

the same meaning as in article 1 of the 1992 Fund Convention, unless stated otherwise;

8. "Established claim” means a claim which has been recognised by the 1992 Fund or been

accepted as admissible by decision of a competent court binding upon the 1992 Fund not

subject to ordinary forms of review and which would have been fully compensated if the limit

set out in article 4, paragraph 4, of the 1992 Fund Convention had not been applied to that

incident;

9. “Assembly” means the Assembly of the International Oil Pollution Compensation

Supplementary Fund, 2003, unless otherwise indicated;

10. “Organization” means the International Maritime Organization;

11. “Secretary-General” means the Secretary-General of the Organization.

Article 2

1. An International Supplementary Fund for compensation for pollution damage, to be named

“The International Oil Pollution Compensation Supplementary Fund, 2003” (hereinafter

“the Supplementary Fund”), is hereby established.

2. The Supplementary Fund shall in each Contracting State be recognized as a legal person

capable under the laws of that State of assuming rights and obligations and of being a party

in legal proceedings before the courts of that State. Each Contracting State shall recognize the

Director of the Supplementary Fund as the legal representative of the Supplementary Fund.

Article 3

This Protocol shall apply exclusively:

(a) to pollution damage caused:

(i) in the territory, including the territorial sea, of a Contracting State, and

(ii) in the exclusive economic zone of a Contracting State, established in accordance

with international law, or, if a Contracting State has not established such a zone,

in an area beyond and adjacent to the territorial sea of that State determined by

that State in accordance with international law and extending not more than

200 nautical miles from the baselines from which the breadth of its territorial sea

is measured;

(b) to preventive measures, wherever taken, to prevent or minimize such damage.

Supplementary Compensation

Article 4

1. The Supplementary Fund shall pay compensation to any person suffering pollution damage

if such person has been unable to obtain full and adequate compensation for an established

claim for such damage under the terms of the 1992 Fund Convention, because the total

damage exceeds, or there is a risk that it will exceed, the applicable limit of compensation laid

down in article 4, paragraph 4, of the 1992 Fund Convention in respect of any one incident.

2. (a) The aggregate amount of compensation payable by the Supplementary Fund under this

article shall in respect of any one incident be limited, so that the total sum of that

amount together with the amount of compensation actually paid under the 1992

Liability Convention and the 1992 Fund Convention within the scope of application of

this Protocol shall not exceed 750 million units of account.

(b) The amount of 750 million units of account mentioned in paragraph 2(a) shall be

converted into national currency on the basis of the value of that currency by reference

to the Special Drawing Right on the date determined by the Assembly of the 1992 Fund

for conversion of the maximum amount payable under the 1992 Liability and 1992

Fund Conventions.

3. Where the amount of established claims against the Supplementary Fund exceeds the

aggregate amount of compensation payable under paragraph 2, the amount available shall be

distributed in such a manner that the proportion between any established claim and the

amount of compensation actually recovered by the claimant under this Protocol shall be the

same for all claimants.

4. The Supplementary Fund shall pay compensation in respect of established claims as defined

in article 1, paragraph 8, and only in respect of such claims.

Article 5

The Supplementary Fund shall pay compensation when the Assembly of the 1992 Fund has

considered that the total amount of the established claims exceeds, or there is a risk that the total

amount of established claims will exceed the aggregate amount of compensation available under

article 4, paragraph 4, of the 1992 Fund Convention and that as a consequence the Assembly of

the 1992 Fund has decided provisionally or finally that payments will only be made for a

proportion of any established claim. The Assembly of the Supplementary Fund shall then decide

whether and to what extent the Supplementary Fund shall pay the proportion of any established

claim not paid under the 1992 Liability Convention and the 1992 Fund Convention.

Article 6

1. Subject to article 15, paragraphs 2 and 3, rights to compensation against the Supplementary

Fund shall be extinguished only if they are extinguished against the 1992 Fund under

article 6 of the 1992 Fund Convention.

2. A claim made against the 1992 Fund shall be regarded as a claim made by the same claimant

against the Supplementary Fund.

Article 7

1. The provisions of article 7, paragraphs 1, 2, 4, 5 and 6, of the 1992 Fund Convention shall

apply to actions for compensation brought against the Supplementary Fund in accordance

with article 4, paragraph 1, of this Protocol.

2. Where an action for compensation for pollution damage has been brought before a court

competent under article IX of the 1992 Liability Convention against the owner of a ship or

his guarantor, such court shall have exclusive jurisdictional competence over any action

against the Supplementary Fund for compensation under the provisions of article 4 of this

Protocol in respect of the same damage. However, where an action for compensation for

pollution damage under the 1992 Liability Convention has been brought before a court in a

Contracting State to the 1992 Liability Convention but not to this Protocol, any action

against the Supplementary Fund under article 4 of this Protocol shall at the option of the

claimant be brought either before a court of the State where the Supplementary Fund has its

headquarters or before any court of a Contracting State to this Protocol competent under

article IX of the 1992 Liability Convention.

3. Notwithstanding paragraph 1, where an action for compensation for pollution damage

against the 1992 Fund has been brought before a court in a Contracting State to the

1992 Fund Convention but not to this Protocol, any related action against the

Supplementary Fund shall, at the option of the claimant, be brought either before a court of

the State where the Supplementary Fund has its headquarters or before any court of a

Contracting State competent under paragraph 1.

Article 8

1. Subject to any decision concerning the distribution referred to in article 4, paragraph 3 of this

Protocol, any judgment given against the Supplementary Fund by a court having jurisdiction

in accordance with article 7 of this Protocol, shall, when it has become enforceable in the

State of origin and is in that State no longer subject to ordinary forms of review, be recognized

and enforceable in each Contracting State on the same conditions as are prescribed in

article X of the 1992 Liability Convention.

2. A Contracting State may apply other rules for the recognition and enforcement of judgments,

provided that their effect is to ensure that judgments are recognised and enforced at least to

the same extent as under paragraph 1.

Article 9

1. The Supplementary Fund shall, in respect of any amount of compensation for pollution

damage paid by the Supplementary Fund in accordance with article 4, paragraph 1, of this

Protocol, acquire by subrogation the rights that the person so compensated may enjoy under

the 1992 Liability Convention against the owner or his guarantor.

2. The Supplementary Fund shall acquire by subrogation the rights that the person

compensated by it may enjoy under the 1992 Fund Convention against the 1992 Fund.

3. Nothing in this Protocol shall prejudice any right of recourse or subrogation of the

Supplementary Fund against persons other than those referred to in the preceding paragraphs.

In any event the right of the Supplementary Fund to subrogation against such person shall

not be less favourable than that of an insurer of the person to whom compensation has been

paid.

4. Without prejudice to any other rights of subrogation or recourse against the Supplementary

Fund which may exist, a Contracting State or agency thereof which has paid compensation

for pollution damage in accordance with provisions of national law shall acquire by

subrogation the rights which the person so compensated would have enjoyed under this

Protocol.

Contributions

Article 10

1. Annual contributions to the Supplementary Fund shall be made in respect of each

Contracting State by any person who, in the calendar year referred to in article 11, paragraph

2(a) or (b), has received in total quantities exceeding 150,000 tons:

(a) in the ports or terminal installations in the territory of that State contributing oil carried

by sea to such ports or terminal installations; and

(b) in any installations situated in the territory of that Contracting State contributing oil

which has been carried by sea and discharged in a port or terminal installation of a non-

Contracting State, provided that contributing oil shall only be taken into account by

virtue of this sub-paragraph on first receipt in a Contracting State after its discharge in

that non-Contracting State.

2. The provisions of article 10, paragraph 2, of the 1992 Fund Convention shall apply in respect

of the obligation to pay contributions to the Supplementary Fund.

Article 11

1. With a view to assessing the amount of annual contributions due, if any, and taking account

of the necessity to maintain sufficient liquid funds, the Assembly shall for each calendar year

make an estimate in the form of a budget of:

(i) Expenditure

(a) costs and expenses of the administration of the Supplementary Fund in the

relevant year and any deficit from operations in preceding years;

(b) payments to be made by the Supplementary Fund in the relevant year for the

satisfaction of claims against the Supplementary Fund due under article 4,

including repayments on loans previously taken by the Supplementary Fund for

the satisfaction of such claims;

(ii) Income

(a) surplus funds from operations in preceding years, including any interest;

(b) annual contributions, if required to balance the budget;

(c) any other income.

2. The Assembly shall decide the total amount of contributions to be levied. On the basis of that

decision, the Director of the Supplementary Fund shall, in respect of each Contracting State,

calculate for each person referred to in article 10, the amount of that person’s annual

contribution:

(a) in so far as the contribution is for the satisfaction of payments referred to in

paragraph 1(i)(a) on the basis of a fixed sum for each ton of contributing oil received in

the relevant State by such person during the preceding calendar year; and

(b) in so far as the contribution is for the satisfaction of payments referred to in

paragraph 1(i)(b) on the basis of a fixed sum for each ton of contributing oil received by such

person during the calendar year preceding that in which the incident in question occurred,

provided that State was a Contracting State to this Protocol at the date of the incident.

3. The sums referred to in paragraph 2 shall be arrived at by dividing the relevant total amount

of contributions required by the total amount of contributing oil received in all Contracting

States in the relevant year.

4. The annual contribution shall be due on the date to be laid down in the Internal Regulations

of the Supplementary Fund. The Assembly may decide on a different date of payment.

5. The Assembly may decide, under conditions to be laid down in the Financial Regulations of

the Supplementary Fund, to make transfers between funds received in accordance with

paragraph 2(a) and funds received in accordance with paragraph 2(b)

Article 12

1. The provisions of article 13 of the 1992 Fund Convention shall apply to contributions to the

Supplementary Fund.

2. A Contracting State itself may assume the obligation to pay contributions to the Supplementary

Fund in accordance with the procedure set out in article 14 of the 1992 Fund Convention.

Article 13

1. Contracting States shall communicate to the Director of the Supplementary Fund

information on oil receipts in accordance with article 15 of the 1992 Fund Convention

provided, however, that communications made to the Director of the 1992 Fund under

article 15, paragraph 2, of the 1992 Fund Convention shall be deemed to have been made

also under this Protocol.

2. Where a Contracting State does not fulfil its obligations to submit the communication

referred to in paragraph 1 and this results in a financial loss for the Supplementary Fund, that

Contracting State shall be liable to compensate the Supplementary Fund for such loss. The

Assembly shall, on the recommendation of the Director of the Supplementary Fund, decide

whether such compensation shall be payable by that Contracting State.

Article 14

1. Notwithstanding article 10, for the purposes of this Protocol there shall be deemed to be a

minimum receipt of 1 million tons of contributing oil in each Contracting State.

2. When the aggregate quantity of contributing oil received in a Contracting State is less than

1 million tons, the Contracting State shall assume the obligations that would be incumbent

under this Protocol on any person who would be liable to contribute to the Supplementary

Fund in respect of oil received within the territory of that State in so far as no liable person

exists for the aggregated quantity of oil received.

Article 15

1. If in a Contracting State there is no person meeting the conditions of article 10, that

Contracting State shall for the purposes of this Protocol inform the Director of the

Supplementary Fund thereof.

2. No compensation shall be paid by the Supplementary Fund for pollution damage in the

territory, territorial sea or exclusive economic zone or area determined in accordance with

article 3(a)(ii), of this Protocol, of a Contracting State in respect of a given incident or for

preventive measures, wherever taken, to prevent or minimize such damage, until the

obligations to communicate to the Director of the Supplementary Fund according to

article 13, paragraph 1 and paragraph 1 of this article have been complied with in respect of

that Contracting State for all years prior to the occurrence of that incident. The Assembly

shall determine in the Internal Regulations the circumstances under which a Contracting

State shall be considered as having failed to comply with its obligations.

3. Where compensation has been denied temporarily in accordance with paragraph 2,

compensation shall be denied permanently in respect of that incident if the obligations to

communicate to the Director of the Supplementary Fund under article 13, paragraph 1 and

paragraph 1 of this article, have not been complied with within one year after the Director of

the Supplementary Fund has notified the Contracting State of its failure to report.

4. Any payments of contributions due to the Supplementary Fund shall be set off against

compensation due to the debtor, or the debtor’s agents.

Organization and administration

Article 16

1. The Supplementary Fund shall have an Assembly and a Secretariat headed by a Director.

2. Articles 17 to 20 and 28 to 33 of the 1992 Fund Convention shall apply to the Assembly,

Secretariat and Director of the Supplementary Fund.

3. Article 34 of the 1992 Fund Convention shall apply to the Supplementary Fund.

Article 17

1. The Secretariat of the 1992 Fund, headed by the Director of the 1992 Fund, may also

function as the Secretariat and the Director of the Supplementary Fund.

2. If, in accordance with paragraph 1, the Secretariat and the Director of the 1992 Fund also

perform the function of Secretariat and Director of the Supplementary Fund, the

Supplementary Fund shall be represented, in cases of conflict of interests between the 1992

Fund and the Supplementary Fund, by the Chairman of the Assembly.

3. The Director of the Supplementary Fund, and the staff and experts appointed by the Director

of the Supplementary Fund, performing their duties under this Protocol and the 1992 Fund

Convention, shall not be regarded as contravening the provisions of article 30 of the 1992

Fund Convention as applied by article 16, paragraph 2, of this Protocol in so far as they

discharge their duties in accordance with this article.

4. The Assembly shall endeavour not to take decisions which are incompatible with decisions

taken by the Assembly of the 1992 Fund. If differences of opinion with respect to common

administrative issues arise, the Assembly shall try to reach a consensus with the Assembly of

the 1992 Fund, in a spirit of mutual co-operation and with the common aims of both

organizations in mind.

5. The Supplementary Fund shall reimburse the 1992 Fund all costs and expenses arising from

administrative services performed by the 1992 Fund on behalf of the Supplementary Fund.

Article 18

Transitional provisions

1. Subject to paragraph 4, the aggregate amount of the annual contributions payable in respect

of contributing oil received in a single Contracting State during a calendar year shall not

exceed 20% of the total amount of annual contributions pursuant to this Protocol in respect

of that calendar year.

2. If the application of the provisions in article 11, paragraphs 2 and 3, would result in the aggregate

amount of the contributions payable by contributors in a single Contracting State in respect of a

given calendar year exceeding 20% of the total annual contributions, the contributions payable

by all contributors in that State shall be reduced pro rata so that their aggregate contributions

equal 20% of the total annual contributions to the Supplementary Fund in respect of that year.

3. If the contributions payable by persons in a given Contracting State shall be reduced pursuant

to paragraph 2, the contributions payable by persons in all other Contracting States shall be

increased pro rata so as to ensure that the total amount of contributions payable by all persons

liable to contribute to the Supplementary Fund in respect of the calendar year in question will

reach the total amount of contributions decided by the Assembly.

4. The provisions in paragraphs 1 to 3 shall operate until the total quantity of contributing oil

received in all Contracting States in a calendar year, including the quantities referred to in

article 14, paragraph 1, has reached 1,000 million tons or until a period of 10 years after the

date of entry into force of this Protocol has elapsed, whichever occurs earlier.

Final clauses

Article 19

Signature, ratification, acceptance, approval and accession

1.

This Protocol shall be open for signature at London from 31 July 2003 to 30 July 2004.

2. States may express their consent to be bound by this Protocol by:

(a) signature without reservation as to ratification, acceptance or approval; or

(b) signature subject to ratification, acceptance or approval followed by ratification,

acceptance or approval; or

(c) accession.

3. Only Contracting States to the 1992 Fund Convention may become Contracting States to

this Protocol.

4. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal

instrument to that effect with the Secretary-General.

Article 20

Information on contributing oil

Before this Protocol comes into force for a State, that State shall, when signing this Protocol in

accordance with article 19, paragraph 2(a), or when depositing an instrument referred to in

article 19, paragraph 4 of this Protocol, and annually thereafter at a date to be determined by the

Secretary-General, communicate to the Secretary-General the name and address of any person who

in respect of that State would be liable to contribute to the Supplementary Fund pursuant to

article 10 as well as data on the relevant quantities of contributing oil received by any such person

in the territory of that State during the preceding calendar year.

Article 21

Entry into force

1. This Protocol shall enter into force three months following the date on which the following

requirements are fulfilled:

(a) at least eight States have signed the Protocol without reservation as to ratification,

acceptance or approval, or have deposited instruments of ratification, acceptance,

approval or accession with the Secretary-General; and

(b) the Secretary-General has received information from the Director of the 1992 Fund that

those persons who would be liable to contribute pursuant to article 10 have received

during the preceding calendar year a total quantity of at least 450 million tons of

contributing oil, including the quantities referred to in article 14, paragraph 1.

2. For each State which signs this Protocol without reservation as to ratification, acceptance or

approval, or which ratifies, accepts, approves or accedes to this Protocol, after the conditions

in paragraph 1 for entry into force have been met, the Protocol shall enter into force three

months following the date of the deposit by such State of the appropriate instrument.

3. Notwithstanding paragraphs 1 and 2, this Protocol shall not enter into force in respect of any

State until the 1992 Fund Convention enters into force for that State.

Article 22

First session of the Assembly

The Secretary-General shall convene the first session of the Assembly. This session shall take place

as soon as possible after the entry into force of this Protocol and, in any case, not more than thirty

days after such entry into force.

Article 23

Revision and amendment

1. A conference for the purpose of revising or amending this Protocol may be convened by the

Organization.

2. The Organization shall convene a Conference of Contracting States for the purpose of

revising or amending this Protocol at the request of not less than one third of all Contracting

States.

Article 24

Amendment of compensation limit

1. Upon the request of at least one quarter of the Contracting States, any proposal to amend the

limit of the amount of compensation laid down in article 4, paragraph 2 (a), 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 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 limit, the Legal Committee shall take into account

the experience of incidents and in particular the amount of damage resulting therefrom and

changes in the monetary values.

6

(a) No amendments of the limit under this article may be considered before the date of

entry into force of this Protocol nor less than three years from the date of entry into

force of a previous amendment under this article.

(b) The limit may not be increased so as to exceed an amount which corresponds to the

limit laid down in this Protocol increased by six per cent per year calculated on a

compound basis from the date when this Protocol is opened for signature to the date on

which the Legal Committee’s decision comes into force.

(c) The limit may not be increased so as to exceed an amount which corresponds to the

limit laid down in this Protocol multiplied by three.

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 twelve 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 twelve months after its acceptance.

9. All Contracting States shall be bound by the amendment, unless they denounce this Protocol

in accordance with article 26, 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 twelve-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.

Article 25

Protocols to the 1992 Fund Convention

1. If the limits laid down in the 1992 Fund Convention have been increased by a Protocol

thereto, the limit laid down in article 4, paragraph 2(a), may be increased by the same amount

by means of the procedure set out in article 24. The provisions of article 24, paragraph 6, shall

not apply in such cases.

2. If the procedure referred to in paragraph 1 has been applied, any subsequent amendment of

the limit laid down in article 4, paragraph 2, by application of the procedure in article 24

shall, for the purpose of article 24, paragraphs 6(b) and (c), be calculated on the basis of the

new limit as increased in accordance with paragraph 1.

Article 26

Denunciation

1. This Protocol may be denounced by any Contracting State at any time after the date on

which it enters into force for that Contracting State.

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

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.

4. Denunciation of the 1992 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.

5. Notwithstanding a denunciation of the present Protocol by a Contracting State pursuant to this

article, any provisions of this Protocol relating to the obligations to make contributions to the

Supplementary Fund with respect to an incident referred to in article 11,paragraph 2(b),

and occurring before the denunciation takes effect, shall continue to apply.

Article 27

Extraordinary sessions of the Assembly

1. Any Contracting State may, within ninety days after the deposit of an instrument of

denunciation the result of which it considers will significantly increase the level of contributions

for the remaining Contracting States, request the Director of the Supplementary Fund to

convene an extraordinary session of the Assembly. The Director of the Supplementary Fund

shall convene the Assembly to meet not later than sixty days after receipt of the request.

2. The Director of the Supplementary Fund may take the initiative to convene an extraordinary

session of the Assembly to meet within sixty days after the deposit of any instrument of

denunciation, if the Director of the Supplementary Fund considers that such denunciation will

result in a significant increase in the level of contributions of the remaining Contracting States.

3. If the Assembly at an extraordinary session convened in accordance with paragraph 1 or 2

decides that the denunciation will result in a significant increase in the level of contributions

for the remaining Contracting States, any such State may, not later than one hundred and

twenty days before the date on which the denunciation takes effect, denounce this Protocol

with effect from the same date.

Article 28

Termination

1. This Protocol shall cease to be in force on the date when the number of Contracting States

falls below seven or the total quantity of contributing oil received in the remaining

Contracting States, including the quantities referred to in article 14, paragraph 1, falls below

350 million tons, whichever occurs earlier.

2. States which are bound by this Protocol on the day before the date it ceases to be in force shall

enable the Supplementary Fund to exercise its functions as described in article 29 and shall,

for that purpose only, remain bound by this Protocol.

Article 29

Winding up of the Supplementary Fund

1. If this Protocol ceases to be in force, the Supplementary Fund shall nevertheless:

(a) meet its obligations in respect of any incident occurring before the Protocol ceased to be

in force;

(b) be entitled to exercise its rights to contributions to the extent that these contributions

are necessary to meet the obligations under paragraph 1(a), including expenses for the

administration of the Supplementary Fund necessary for this purpose.

2. The Assembly shall take all appropriate measures to complete the winding up of the

Supplementary Fund, including the distribution in an equitable manner of any remaining

assets among those persons who have contributed to the Supplementary Fund.

3. For the purposes of this article the Supplementary Fund shall remain a legal person.

Article 30

Depositary

1. This Protocol and any amendments accepted under article 24 shall be deposited with the

Secretary-General.

2. The Secretary-General shall:

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

(iii) any proposal to amend the limit of the amount of compensation which has been

made in accordance with article 24, paragraph 1;

(iv) any amendment which has been adopted in accordance with article 24,

paragraph 4;

(v) any amendment deemed to have been accepted under article 24, paragraph 7,

together with the date on which that amendment shall enter into force in

accordance with paragraphs 8 and 9 of that article;

(vi) the deposit of an instrument of denunciation of this Protocol together with the

date of the deposit and the date on which it takes effect;

(vii) any communication called for by any article in this Protocol;

(b) transmit certified true copies of this Protocol to all Signatory States and to all States

which accede to the Protocol.

3. As soon as this Protocol enters into force, the text shall be transmitted by the Secretary-

General to the Secretariat of the United Nations for registration and publication in

accordance with Article 102 of the Charter of the United Nations.

Article 31

Languages

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian

and Spanish languages, each text being equally authentic.

DONE AT LONDON this sixteenth day of May two thousand and three.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective

8

Governments for that purpose, have signed this Protocol.