Статус Протокола 1992 года об изменении Международной конвенции о создании Международного фонда для компенсации ущерба от загрязнения нефтью 1971 года (ФОНД/FUND) (Лондон, 27 ноября 1992 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА 1992 ГОДА ОБ ИЗМЕНЕНИИ МЕЖДУНАРОДНОЙ КОНВЕНЦИИ О СОЗДАНИИ МЕЖДУНАРОДНОГО ФОНДА ДЛЯ КОМПЕНСАЦИИ УЩЕРБА ОТ ЗАГРЯЗНЕНИЯ НЕФТЬЮ 1971 ГОДА (ФОНД) (ЛОНДОН, 27 НОЯБРЯ 1992 ГОДА)

(по состоянию на 9 декабря 2025 года)

Вступление в силу: 30.05.1996

I. Подписи

Марокко

Монако

Норвегия

Швеция

II. Договаривающиеся государства

Число государств-участников: 123

PROTOCOL

Done at London, 27 November 1992

Status as at: 09.12.2025

Entry into force: 30 May 1996

I. Signatories

II. Contracting States

<1> For the text of a declaration, see section III.

<2> The United Kingdom declared its accession to be effective in respect of:

<*> The depositary received a communication dated 21 February 1995 from the Embassy of the Argentine Republic, London.

[Translation]

«...the Argentine government rejects the statement made by the United Kingdom of Great Britain and Northern Ireland on acceding to the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. In that statement, accession was declared to be effective in respect of the Malvinas Islands, South Georgia Islands and South Sandwich Islands. The Argentine Republic reaffirms its sovereignty over these islands and the surrounding maritime spaces, which constitute an integral part of its national territory.»

«The Argentine Republic recalls the adoption, by the General Assembly of the United Nations, of resolutions 2065(XX), 3160(XXVII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/41, 42/19 and 43/25, acknowledging the existence of a dispute concerning sovereignty and urging the Governments of the Argentine Republic and of the United Kingdom of Great Britain and Northern Ireland to enter into negotiations with a view to identifying means of pacific and final settlement of the outstanding problems between the two countries, including all matters concerning the future of the Malvinas Islands, in accordance with the Charter of the United Nations.»

The depositary received a communication dated 22 May 1995 from the Foreign and Commonwealth Office, London:

«The Government of the United Kingdom of Great Britain and Northern Ireland have noted the declaration of the Government of Argentina regarding the extension by the United Kingdom of the application of the Convention to the Falkland Islands and to South Georgia and the South Sandwich Islands.»

«The British Government have no doubt about the sovereignty of the United Kingdom over the Falkland Islands and over South Georgia and the South Sandwich Islands and their consequential right to extend the said Convention to these Territories. The British Government reject as unfounded the claims by the Government of Argentina.»

<> The depositary received a communication, dated 2 March 2010, from the Foreign and Commonwealth Office in London, informing that the name of the British overseas territory formerly called «St. Helena and Dependencies» has been changed to «St. Helena, Ascension and Tristan da Cunha». The status of the territory as a British overseas territory remains unchanged.**

<3> China declared that the Protocol will be applicable to the Hong Kong Special Administrative Region only.

<4> The depositary received the following communication, dated 9 May 1997, from His Excellency the Ambassador Extraordinary and Plenipotentiary, Embassy of Switzerland, London:

[Translation]

«...On 11 December 1995, the Federal Assembly approved the 1971 Fund Convention on condition that all the coastal States through which contributing oil passes on its way to Switzerland, were members of the 1971 International Fund for Compensation for Oil Pollution Damage. On the same day the Federal Assembly implicitly approved the 1992 Protocol to the 1971 Fund Convention on the same conditions. On 4 July 1996 Switzerland deposited an instrument of ratification of the Protocol with the Secretary-General of the International Maritime Organization.»

Since the requirements placed by the Federal Assembly upon Swiss ratification of the 1992 Protocol to the 1971 Fund Convention are now no longer fulfilled, Switzerland has to withdraw its instrument of ratification of the 1992 Protocol to the 1971 Fund Convention.

On behalf of the Swiss Federal Council and with its authorization, I have the honour to inform you that as of today Switzerland is withdrawing its instrument of ratification of the 1992 Protocol to the 1971 Fund Convention.»

<5> On 10 October 2005, the instrument of accession by Switzerland was re-deposited. The treaty will therefore enter into force for Switzerland on 10 October 2006.

<6> Applies to the Netherlands Antilles <*> with effect from 21 December 2005 and to Aruba with effect from 12 April 2006.

<*> The Netherlands Antilles has ceased to exist as an autonomous country within the Kingdom of the Netherlands with effect from 10 October 2010. Since that date, the Kingdom of the Netherlands consists of four autonomous countries: The Netherlands (European part and Caribbean part), Aruba, Curaçao and Sint Maarten. For more details see footnote 4, in section II of SOLAS 1974. The Protocol applies as follows:

The instrument of accession of the Argentine Republic contained the following declaration (in the Spanish language):

[Translation]

«...The Argentine Republic rejects the statement made by the United Kingdom of Great Britain and Northern Ireland on acceding to the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 and the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. In that statement, accession was declared to be effective in respect of the Malvinas Islands, South Georgia and South Sandwich Islands. The Argentine Republic reaffirms its sovereignty over these islands and their surrounding maritime spaces, which constitute an integral part of its national territory. The Argentine Republic recalls the adoption, by the General Assembly of the United Nations, of resolutions 2065(XX), 3160(VVVII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, acknowledging the existence of a dispute concerning sovereignty and urging the Government of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to enter into negotiations with a view to identifying means of pacific and final settlement of the outstanding problems between the two countries, including all matters concerning the future of the Malvinas Islands, in accordance with the Charter of the United Nations.»

Canada

The instrument of accession of Canada was accompanied by the following declaration:

«By virtue of Article 14 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, the Government of Canada assumes responsibility for the payment of the obligations contained in Article 10, paragraph 1.»

Germany

The instrument of ratification by Germany was accompanied by the following declaration:

«The Federal Republic of Germany hereby declares that, having deposited the instruments of ratification of the protocols of 27 November 1992 amending the International Convention on Civil Liability for Oil Pollution Damage of 1969 and amending the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971, it regards its ratification of the Protocols of 25 May 1984, as documented on 18 October 1988 by the deposit of its instruments of ratification, as null and void as from the entry into force of the Protocols of 27 November 1992.»

Ireland

The instrument of accession of Ireland contained the following declaration:

«Declare that this instrument of accession shall not take effect until the end of the six-month period in article 31 of the 1992 Protocol to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971.»

Israel

The depositary received the following declaration, on 19 September 2006, from the Government of the State of Israel:

On behalf of the Government of the State of Israel, by virtue of article 14 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, the Government of the State of Israel assumes itself responsibility for the payment of the obligations contained in article 10, paragraph 1 of the Convention, in respect of oil received within the territory of Israel.

«...that this instrument of accession shall not take effect until the end of the six-month period in article 31 of the above[-mentioned] Protocol and denouncing the 1971 Fund Convention and the 1969 Liability Convention with effect twelve months after the expiry of the above-mentioned six-month period.»

«In accordance with the provisions of article 30, paragraph 4 of the above-mentioned Protocol, Spain declares that the deposit of its instrument of accession shall not take effect for the purpose of this article until the end of the six-month period stipulated in article 31 of the said Protocol».

Turkiye

The instrument of accession of Turkiye contained the following declaration:

«In relation to Article 3/a (ii) of this Convention, the Republic of Turkiye considers that this Article is not in conformity with international law and it defines those maritime areas as high seas whereby no country has jurisdiction and sovereign rights according to international law. The Republic of Turkiye, however, taking into consideration the objectives of this Convention, reserves its rights deriving from the Convention. Within this context, the Republic of Turkiye hereby declares that in maritime areas where there has been no delimitation agreement between opposite or adjacent coastal States, the exercise of authority or any claim thereof under this Convention by any coastal State Party to this Convention, creates no rights or obligations with regard to delimitation of maritime areas, nor does it create a precedent for the future agreements between those States concerning the delimitation of maritime areas under national jurisdiction.»

The depositary received a communication dated 8 April 2002 from the Government of the Hellenic Republic regarding the declaration by Turkiye:

«The Government of the Hellenic Republic hereby declares that it does not accept such Declaration, as it considers that Article 3a(ii) of the amended 1971 Convention, to which the Declaration refers, is not contrary to International Law».

The depositary received a communication dated 30 April 2002 from the Government of the Republic of Cyprus regarding the declaration by Turkiye:

«The Government of the Republic of Cyprus hereby declares that it does not accept the declaration of the Republic of Turkiye, contained in its instrument of accession to the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, as it considers that Article 3(a)(ii) of the 1992 Fund Convention (as defined in Article 27(2) of the Protocol), to which the declaration refers, is not contrary to international law.»