Статус Протокола 1992 года об изменении Международной конвенции о гражданской ответственности за ущерб от загрязнения нефтью 1969 года (КГО/CLC) (Лондон, 27 ноября 1992 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА 1992 ГОДА ОБ ИЗМЕНЕНИИ МЕЖДУНАРОДНОЙ КОНВЕНЦИИ О ГРАЖДАНСКОЙ ОТВЕТСТВЕННОСТИ ЗА УЩЕРБ ОТ ЗАГРЯЗНЕНИЯ НЕФТЬЮ 1969 ГОДА (КГО/CLC) (ЛОНДОН, 27 НОЯБРЯ 1992 ГОДА)

(по состоянию на 9 декабря 2025 года)

Вступление в силу: 30.05.1996

I. Подписи

Марокко

Финляндия

Франция

Швеция

II. Договаривающиеся государства

Число государств-участников: 146

PROTOCOL OF 1992 TO AMEND THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969 (CLC PROT 1992)

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> China declared that the Protocol will also be applicable to the Hong Kong Special Administrative Region and to the Macao Special Administrative Region with effect from 24 June 2005.

<3> Applies to the Netherlands Antilles <*> with effect from 21 December 2005, and to Aruba 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:

<4> The depositary received, on 21 July 2005, the following statement from the Embassy of Israel:

«The Government of the State of Israel has noted that the instrument of accession of the Syrian Arab Republic at the above-mentioned Convention contains a declaration with respect to the State of Israel.»

The Government of the State of Israel considers that such declaration, which is explicitly of a political nature, is incompatible with the purposes and objectives of the Convention.

The Government of the State of Israel therefore objects to the aforesaid declaration made by the Syrian Arab Republic.»

<5> The United Kingdom declared its accession to be effective in respect of:

<*> A dispute exists between the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over the Falkland Islands (Malvinas).

<**> 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.

III. Declarations, Reservations and Statements

Argentina

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.»

Costa Rica

The instrument of accession included the following reservation:

«The Republic of Costa Rica makes a reservation to articles 14 and 15 of the final clauses of the International Convention on Civil Liability for Oil Pollution Damage, 1992, in the sense that the amendments to the said Convention shall come into force in the country once they have been approved in accordance with the procedures established in the Political Constitution of the Republic of Costa Rica.»

Germany

The instrument of ratification of 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.»

Mauritius

The instrument of accession of the Republic of Mauritius contained the following declaration:

«REJECTS as unfounded the claim by the United Kingdom of Great Britain and Northern Ireland of any sovereignty or sovereign rights over the so-called British Indian Ocean Territory (Chagos Archipelago) and reaffirms its sovereignty and sovereign rights over the Chagos Archipelago which forms an integral part of the national territory of the Republic of Mauritius, and over their surrounding maritime zones.»

New Zealand

The instrument of accession of New Zealand contained the following declaration:

«AND DECLARES that this accession shall not extend to Tokelau unless and until a declaration to this effect is lodged by the Government of New Zealand with the Depositary.»

Republic of Korea

The instrument of accession of the Republic of Korea contained the following declaration:

[Translation]

«...that this instrument of accession shall not take effect until the end of the six-month period in article 31 of the Protocol of 1992 to amend the 1991 Fund Convention.»

Syrian Arab Republic

The instrument of accession of the Syrian Arab Republic contained the following declaration:

[Translation]

«Ratification of this Protocol by the Syrian Arab Republic in no way implies recognition of Israel and will not result in Syria's entering into any relations whatsoever with that country under the rules of this Protocol.»

Turkiye

The instrument of accession of Turkiye contained the following declaration:

«In relation to Article II/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 instrument was also accompanied by the following objection to a reservation made by the then Union of Soviet Socialist Republics on its accession to the International Convention on Civil Liability for Oil Pollution Damage, 1969:

«The Republic of Turkiye has taken note of the reservation made by the then Union of Soviet Socialist Republics on its accession on 24 June 1975 to the Convention, concerning article XI(2) of the Convention.»

The Republic of Turkiye hereby declares that it cannot accept the aforementioned reservation. The Republic of Turkiye considers that international law does not grant a State right to immunity from jurisdiction of the courts of another State in proceedings concerning civil liability in respect of a State-owned ship used for commercial purposes.»

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 IIa(ii) of the amended 1969 Convention, to which the Declaration refers, is not contrary to International Laws.»

IV. Amendments

(1) 2000 (limitation amounts) Amendments (LEG.1(82))

A. Adoption

The Legal Committee at its eighty-second session (October 2000) adopted by resolution LEG.1(82), in accordance with article 15(1) and (2) of the 1992 CLC Protocol, amendments to the limitation amounts set out in article 6(1) of the 1992 CLC Protocol.

B. Entry into force

In accordance with article 15(7) of the Protocol, and as determined by the Legal Committee, the amendments shall enter into force on 1 November 2003 unless, prior to 1 May 2002 not less than one quarter of the States that were Contracting States on the date of adoption of the amendments (18 October 2000) have communicated to the Organization that they do not accept the amendments. No such objection was received and the amendments accordingly entered into force on 1 November 2003.