Статус Протокола к Международной конвенции о гражданской ответственности за ущерб от загрязнения нефтью 1969 года (КГО/CLC) (Лондон, 19 ноября 1976 года) [рус., англ.]

[неофициальный перевод]

К МЕЖДУНАРОДНОЙ КОНВЕНЦИИ О ГРАЖДАНСКОЙ ОТВЕТСТВЕННОСТИ

I. Подписи

Германия, Федеративная Республика

Соединенное Королевство

Франция

II. Договаривающиеся государства

Число государств-участников: 53

PROTOCOL OF 1976 TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969 (CLC PROT 1976)

Done at London, 19 November 1976

I. Signatories

II. Contracting States

<1> With a notification under article V(9)(c) of the Convention, as amended by the Protocol, see section V.

<2> Applies to the Hong Kong Special Administrative Region with effect from 1 July 1997. Ceased to apply to the Hong Kong Special Administrative Region with effect from 22 August 2003.

<3> For the text of a declaration, see section IV.

<4> As from 26 December 1991 the membership of the USSR in the Protocol is continued by the Russian Federation.

<5> The United Kingdom declared ratification to be effective also in respect of:

<*> Has since become an independent State and Contracting State to the Protocol.

<> For the texts of communications received from the Governments of Argentina and the United Kingdom, see footnote <*> of section II of COLREG 1972.

<***> Ceased to apply to Hong Kong with effect from 1 July 1997.

<****> 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. States which have denounced the Protocol

<1> The United Kingdom declared denunciation to be effective also 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.

IV. Declarations, Reservations and Statements

Federal Republic of Germany

The instrument of ratification of the Federal Republic of Germany contains the following declaration (in the English language):

«...with effect from the date on which the Protocol enters into force for the Federal Republic of Germany, it shall also apply to Berlin (West).»

Saudi Arabia

The instrument of accession of the Kingdom of Saudi Arabia contained the following reservation (in the Arabic language):

[Translation]

«However, this accession does not in any way mean or entail the recognition of Israel, and does not lead to entering into any dealings with Israel; which may be arranged by the above-mentioned Convention and the said Protocol.»

V. Notifications

Article V(9)(c) of the Convention, as amended by the Protocol

China:

«...the value of the national currency, in terms of SDR, of the People's Republic of China is calculated in accordance with the method of valuation applied by the International Monetary Fund.»

Poland:

«Poland will now calculate financial liabilities in cases of limitation of the liability of owners of sea-going ships and liability under the International Oil Pollution Compensation Fund in terms of the Special Drawing Right, as defined by the International Monetary Fund.»

«However, those SDR's will be converted according to the method instigated by Poland, which is derived from the fact that Poland is not a member of the International Monetary Fund.»

«The method of conversion is that the Polish National Bank will fix a rate of exchange of the SDR to the Polish zloty through the conversion of the SDR to the United States dollar, according to the current rates of exchange quoted by Reuter. The US Dollars will then be converted into Polish zloties at the rate of exchange quoted by the Polish National Bank from their current table of rates of foreign currencies.»

«The above method of calculation is in accordance with the provisions of article II paragraph 9 item „a“ (in fine) of the Protocol to the International Convention on Civil Liability for Oil Pollution Damage and article II of the Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage.»

Switzerland:

[Translation]

«The Swiss Federal Council declares, with reference to article V, paragraph 9(a) and (c) of the Convention, introduced by article II of the Protocol of 19 November 1976, that Switzerland calculates the value of its national currency in special drawing rights (SDR) in the following way:»

«The Swiss National Bank (SNB) notifies the International Monetary Fund (IMF) daily of the mean rate of the dollar of the United States of America on the Zurich currency market. The exchange value of one SDR in Swiss francs is determined from that dollar rate and the rate of the SDR in dollars calculated by IMF. On the basis of these values, SNB calculates a mean SDR rate which it will publish in its Monthly Gazette.»

USSR:

[Translation]

«In accordance with article V, paragraph 9 „c“ of the International Convention on Civil Liability for Oil Pollution Damage, 1969 in the wording of article II of the Protocol of 1976 to this Convention it is declared that the value of the unit of „The Special Drawing Right“ expressed in Soviet roubles is calculated on the basis of the US dollar rate in effect at the date of the calculation in relation to the unit of „The Special Drawing Right“, determined by the International Monetary Fund, and the US dollar rate in effect at the same date in relation to the Soviet rouble, determined by the State Bank of the USSR».

United Kingdom:

«...in accordance with article V(9)(c) of the Convention, as amended by article II(2) of the Protocol, the manner of calculation employed by the United Kingdom pursuant to article V(9)(a) of the Convention, as amended, shall be the method of valuation applied by the International Monetary Fund.»