Protocol

So far as English law is concerned, by ship’s tonnage in Article V is meant the registered tonnage with the addition of the engine room space deduction. It should be noted, however, under the 1984 Protocol the ship’s tonnage is to be the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships 1969. The scope of the Convention is largely territorial. In other words it is necessary to ask what territory has the pollution affected? If that of a contracting state (i.e. a country which has ratified the Convention) including its territorial waters, then the Convention applies. The area where the spill actually occurred or originated is irrelevant. Other relevant factors for CLC to apply are that the spill or discharge must be from a vessel flying the flag of a contracting state or, alternatively using the ports or offshore terminals (or territorial waters) of a contracting state. The ‘Fund’ Convention as it is popularly called, has as its main objective the establishment of a fund to provide compensation for victims of oil pollution damage who were unable to obtain full reimbursement under the provisions of CLC. A further objective was to enable vessel owners to apply to the fund for reimbursement for expenditure they had incurred through entering into voluntary cleaning up operations which might be in excess of the CLC limits. Regarding the first objective, CLC has by no means been adopted worldwide. There are areas where pollution occurs and CLC may be inapplicable. The Fund Convention takes over, therefore, where CLC ‘leaves off’.