IMO I471E VOL 4-1993 OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA 1984 and OF .pdf

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1、OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 and the INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION, 1992 INTERNATIONAL MARITIM

2、E ORGANIZATION OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 AND THE INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION, 1992 IMO Lo

3、ndon, 1993 The printing of this publatwn has been financed by the International Oil Pollution Compensaion Fund Published by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SEI 7SR First edition I993 Printed in the United Kingdom by Ashford Press, Southampton 4 6 8 10 9 7 5 ISBN 9

4、2-801-1304-6 IMO PUBLICATION Copyright O IMO 1993 All rights reserved. No part of this publication may, for sales purposes, be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without

5、 prior permission in writing from the Internatiotaal Maritime Organization. CONTENTS INTRODUCTION See Volume 1 PART I INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 CHAPTER I - BASIC CONFERENCE DOCUMENTS See Volume

6、I CHAPTER II - COMMITTEE OF THE WHOLE II (beginning) (established to consider draft Protocols to 1969 CLC and 1971 Fund Convention) See Volume I CHAPTER II - COMMITTEE OF THE WHOLE II (conclusion) (established to consider draft Protocols to 1969 CLC and 1971 Fund Convention) See Volume 2 CHAPTER III

7、 - DRAFTING COMMITTEE See Volume 3 CHAPTER IV - COMMITTEE ON FINAL CLAUSES See Volume 3 CHAPTERV - PLENARY See Volume 3 CHAPTERVI - INSTRUMENTSADOPTED BY THE CONFERENCE See Volume 3 CHAPTER VII - DOCUMENTS ISSUED IN CONNEXION WITH THE CONFERENCE See Volume 3 CHAPTER VIII - CONCORDANCE OF ARTICLES Se

8、e Volume 3 vdums 4 - mtents PART II INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 F“D CONVENTION CHAPTER I - BASIC CONFERENCE DOCUMENTS Provisional Agenda Agenda Provisional Rules of Procedure Rules of Procedure Draft Protocol to the International Conve

9、ntion on Civil Liability for Oil Pollution Damage, 1969 Draft Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 Draft provisions for insertion in article 12 of the Fund Convention introducing a system setting a cap

10、on contributions payable by oil receivers in any given State Draft Conference Resolutions ICs (1969 CLC and the 1971 Fund Convention) Spain (1 969 CLC - Article 5) Japan (197 1 Fund - Article 12) Greece ( 1969 CLC and 197 1 Fund) Ipoc Fund Secretariat (Organization of the work of the Conference) INT

11、ERTANKO (1 969 CE and 197 1 FUND) BIMCO Document LEG/CONF.9/ 1 111 2 U1 3 4 4/ 1 5 6 7 8 9 10 11 12 13 Page 5 6 7 26 44 59 78 79 83 84 85 86 87 90 94 95 (ii) Document Page LE/CONF.9/ Report of the Credentials Committee 14 96 Protocol of 1992 to amend the International Convention on Civil Liability f

12、or Oil Pollution Damage. 1969 - Text adopted by the Conference 15 97 Protocol of 1992 to amend the Intemational Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 -Text adopted by the Conference 16 111 Final Act - Text adopted by the Conference 1

13、7 130 CHAPTER II - RECORDS OF DECISIONS 1st Plenary meeting 2nd Plenary meeting RD/ 1 1 47 RD/2 154 CHAPTER III - INFORMATION PAPERS List of ParticiDants NF.1Eev.l 159 Note by Italy List of documents INF.2 INF.3 CHAPTER IV - DRAFTING COMMITTEE Draft Protocol.of 1992 to amend the 1969 CLC DU1 Draft P

14、rotocol of 1992 to amend the 1971 Fund Convention Dc/2 Draft Conference resolutions w3 Draft Final Act w4 Working papers United Kingdom (1 969 CLC, Article XII bis - Transitional provisions) Dc/wP. 1 176 177 185 199 218 227 232 (iii) Document LEGlCONF.91 United Kingdom( i971 FUND Convention, Article

15、 36 bis) DclwP.2 mp.3 m.4 DciwP.5 Secretariat (Idem, Articles 14 and 18) Secretariat (idem, Article 36 quater) Chairman (Idem, Article 36 ter) CHAPTER V - COMMITTEE OF TEE WHOLE Provisional agenda Agenda Draft Protocol to the 1969 CLC (Article 13 - Entry into force Secretariat (Draft Conference reso

16、lutions 2 and 3) Idem (Draft Conference resolutions 1 and 2) Draft Protocol to the 1971 Fund Convention Idem Idem Draft Conference resolution on the acceptance of an interim cap Report to the Plenary Working papers of the Committee of the Whole France (Draft resolution 2) France (Draft resolution 1)

17、 Chairman (Draft Protocol to the 1971 FUND Convention) Chairman (Draft resolution on the acceptance of an interim cap) CWI 1 CW1111 cw12 CWl3 cw14 cw15 CWl6 cwn CW18 cw19 cwm.1 cwm.2 cwm.3 cwm.4 Page 233 235 236 237 241 241 242 243 248 25 1 25 1 252 253 254 255 257 257 258 Document Page LEG/CONF.9/

18、Report to the Plenary WJWP.5 259 Records of decisions of the Committee of the Whole 1st meeting 2nd meeting 3rd meeting 4th meeting 5th meeting 6th meeting Vdunm 4 - mmb cwmD/l 260 W/RD/;! 261 CWRDL3 262 CWlD14 263 WlRD15 263 CWmD16 264 PART II INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CI

19、VIL LIABILITY CONVENTION AND THE 1971 FUM) CONVENTION CHAPTER I BASIC CONFERENCE DOCUMENTS Page Provisional Agenda . 5 Agenda 6 Provisional Rules of Procedure 7 Rules of Procedure 26 Draft Protocol to the International Convention on Civil Liability for Oil Pollution Damage. 1969 44 Draft Protocol to

20、 the Intemational Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. 1971 59 Draft provisions for insertion in Article 12 of the Fund Convention introducing a system setting a cap on contributions payable by oil receivers in any given State 78 Draft C

21、onference Resolutions 79 ICs (1969 CLC and the 1971 Fund Convention) . 83 Spain (1 969 CLC - Article 5) . 84 Japan (1971 Fund - Article 12) 85 Greece (1969 CLC and 1971 Fund) 86 Secretariat (Organization of the work ofthe Conference) . 90 IOPC Fund 87 INTERTANKO (1969 CLC and 1971 FUND) 94 BIMCO . 9

22、5 Report of the Credentials Committee . 96 Protocol of 1992 to amend the International Convention on Civil Liability protocol of 1992 to amend the International Convention on the Establishment of an Intemational Fund for Compensation for Oil Pollution Damage, 197 1 - Text adopted by the Conference 1

23、11 Final Act - Text adopted by the Conference 130 for Oil Pollution Damage, 1969 - Text adopted by the Conference . 97 Vohm 4 . Chapter I 3 LEG/CONF.9/1 20 May 1992 PROVISIONAL AGENDA of the Conference to be convened at II a.m. on Motday, 23 November 1992 at the Headquarters of the Internationa I Ma

24、ritime Organization 4 Albert Embankment, London, United Kingdom Opening of the Conference Election of the President Adoption of the agenda Adoption of the Rules of Procedure Election of Vice-Presidents and other officers of the Conference Appointment of the Credentials Committee Organization of the

25、work of the Conference, including the establishment of other committees, as necessary Consideration of: (a) a draft Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969 a draft Protocol to the International Convention on the Establishment of an International Fun

26、d for Compensation for Oil Pollution Damage, 1971 (b) (c) draft Conference resolutions Consideration of the reports of committees: (a) Credentials Committee (b) Other committees Adoption of the Final Act and any instruments, recommendations and resolutions resulting from the work of the Conference S

27、ignature of the Finai Act, and any instniments which may be adopted and opened for signature by the Conference. 5 LEG/CONF.9/1/1 23 November 1992 AGENDA 6 7 as adopted by the Plenary of the Conference on 23 November 1992 Opening of the Conference Election of the President Adoption of the agenda Adop

28、tion of the Rules of Procedure Election of Vice-presidents and other officers of the Conference Appointment of the Credentials Committee Organization of the work of the Conference, including the establishment of other committees, as necessary Consideration of: (a) a draft Protocol to the Internation

29、al Convention on Civil Liability for Oil Pollution Damage, 1969 (b) a draft Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (c) draft Conference resolutions Consideration of the reports of committees: (a) Credenti

30、als Committee (b) Other committees Adoption of the Final Act and any instruments, recommendations and resolutions resulting from te work of the Conference Signature of the Final Act, and any instruments which may be adopted and opened for signature by the Conference. 6 LEG/CONF.9/2 20 May 1992 PROVI

31、SIONAL RULES OF PROCEDURE TABLE OF CONTENTS Rule Page CHAPTER I - REPRE!3ENTATION AND CREDENTIALS 1 Composition of delegations 10 2 Alternates or advisers 10 3 Submission of credentials 4 Credentials Committee 5 Provisional participation in the Conference CHAPTER II - OFFICERS 6 Election President 7

32、1 8 10 91 Acting President 11 Replacement of the President 12 The President shall not vote CHAPTER III - SECRETARIAT 13 Duties of the Secretary-General and the Secretanat 10 10 11 11 11 12 12 12 12 14 Statements by the Secretariat 13 7 CGNEW Rule Page 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

33、31 32 33 34 35 36 8 CHAPTER IV - CONDUCT OF BUSINESS Quorum Speeches Precedence Points of order Time-limit on speeches Closing of list of speakers Adjournment of debate Closure of the debate Suspension or adjournment of the meeting Order of procedural motions Basic proposals Other proposals and amen

34、dments Decisions on competence Withdrawal of motions Reconsideration of proposals Invitation to experts CHAPTER V - VOTING Voting rights Required majority Meaning of the expression Representatives present and voting Method of voting Conduct during voting Division of proposals and amendments 13 13 13

35、 13 14 14 14 14 14 15 15 15 16 16 16 16 17 17 17 18 18 18 volume 4 - Chwter I Rule 37 Voting on amendments 38 Voting on proposals 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Equally divided votes CHAPTER VI - COMMIITEES Committee of the Whole Drafting Committee Establishment of other committe

36、es and subsidiary bodies Representation on committees and other subsidiary bodies Officers Quorum of committees and other subsidiary bodies Conduct of business and voting in committees and other subsidiary bodies CHAPTER VI1 - LANGUAGES AND RECORDS Official and working languages Interpretation from

37、official languages Interpretation from other languages Records of Decisions Languages of documents CHAPTER VIU - PUBLIC AND PRIVATE MEETINGS Plenary meetings and meetings of committees and subsidiary bodies Communiqus to the Press Page 19 19 19 20 21 21 21 21 21 22 22 22 23 23 23 23 23 24 9 Rule Pag

38、e 58 CHAPTER IX - OBSERVERS 24 59 CHAFER X - AMENDMENT TO THE RULES OF PROCEDURE 25 60 CHAPTER XI - SIGNATURE OF INSTRUMENTS 25 CHAPTER I - REPWENTATION AND CREDENTIALS Composition of delegations Rule 1 The delegation of each State participating in the Conference shall consist of accredited represen

39、tatives and such alternate representatives and advisers as may be required. Alternates or advisers Rule 2 An alternate representative or an adviser may act as a representative upon designation by the head of the delegation. Submission of credentials Rule 3 (a) The credentials of representatives and

40、the names of any alternate representatives and advisers shall be transmitted to the Secretary- General of the International Maritime Organization before the opening of the Conference or not later than twenty-four hours after the opening of the Conference. The credentials shall be issued by the Head

41、of State, the Head of Government, or the Minister for Foreign Affairs, or any other person or authority specifically authorized for that purpose by any of them. (b) Any later change in the composition of the delegation shall as soon as possible be submitted to the Secretary-General of the Conference

42、. Credentials Committee Rule 4 A Credentials Committee shall be appointed at the beginning of the Conference. It shall consist of five members who shall be appointed by the Conference on the proposal of the President. The Credentials Committee 10 Volume 4 - cmter I CONE* shall examine the credential

43、s of representatives and report to the Conference without delay. Provisional participation in the Conference Rule 5 (a) (b) Rule 6 Pending a decision of the Conference upon their credentials, representatives shall be entitled provisionally to participate in the Conference. Any representative to whos

44、e admission a State participating in the Conference has made objection shall be seated provisionally with the same rights as other representatives until the Credentials Committee has reported and the Conference has given its decision. CHAPTER II - OFFICERS Election The Conference shall elect a Presi

45、dent, five Vice-Presidents, the Chairman of the Committee of the Whole provided for in Rule 44 and the Chairman of the Drafting Committee established under Rule 45. The Conference may also elect such other officers as it deems necessary for the performance of its functions. President Rule 7 in addit

46、ion to exercising the powers conferred upon him elsewhere by these rules, the President shall preside at the plenary meetings of the Conference, declare the opening and closing of each plenary meeting, direct the discussions at such meetings, accord the right to speak, put questions to the vote and

47、announce decisions. The President shall rule on points of order and, subject to these rules of procedure, have complete conrol of the proceedings and over the maintenance of order thereat. The President may propose to the Conference the limitation of time to be allowed to speakers, the limitation of

48、 the number of times each representative may speak on any question, the closure of the list of speakers, the adjournment or closure of the debate, and the suspension or the adjournment of the meeting. Rule 8 The President, in the exercise of the functions of President, remains under the authority of

49、 the Conference. Acting President Rule 9 If the President is absent from a meeting or any part thereof, one of the Vice-Presidents shall act as President. Rule 10 A Vice-president acting as President shall have the same powers and duties as the President. Replacement of the President Rule 11 If at any time the President is unable to perform the functions of President for the remaining period of the Conference a new President shall be elected. The President shall not vote Rule 12 The President or a Vice-president acting as President shall not vote. Where necessary another membe