Einde inhoudsopgave
Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992
Article 24 Amendment of compensation limit
Geldend
Geldend vanaf 03-03-2005
- Bronpublicatie:
16-05-2003, Trb. 2004, 196 (uitgifte: 18-08-2004, kamerstukken/regelingnummer: -)
- Inwerkingtreding
03-03-2005
- Bronpublicatie inwerkingtreding:
31-10-2005, Trb. 2005, 251 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Afval
Milieurecht / Bijzondere onderwerpen
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 own in this Protocol increased by six per cent per year calculated on a compound basis from the date when his 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.