PROVISIONAL ANNOTATED AGENDAS FOR THE MEETINGS OF THE IOPC FUNDS, 27 FEBRUARY-2 MARCH 2006

Transcription

1 INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS PROVISIONAL ANNOTATED AGENDAS FOR THE MEETINGS OF THE IOPC FUNDS, 27 FEBRUARY-2 MARCH 2006 to be held at the Headquarters of the International Maritime Organization, 4 Albert Embankment, London SE1 1 Introduction Please find attached a provisional timetable and provisional annotated agendas for the meetings of the IOPC Funds to be held from 27 February to 2 March Information is also provided about the submission of documents, the presentation of credentials and notifications and registration for the meetings. 2 Provisional timetable The following meetings will be held during the week of 27 February 2006: 1992 Fund Assembly - Tenth extraordinary session, Monday 27 February, 9.30am 1992 Fund Executive Committee Thirty-second session, Monday 27 February, 10am 1971 Fund Administrative Council - Eighteenth session, Monday 27 February, 4.30pm Supplementary Fund Assembly 2nd extraordinary session, Wednesday 1 March, 9.30am All meetings may continue until Thursday 2 March. Working hours are normally from 9.30 to with a break from to and from 2.30 to 5.30 with a break from 4.00 to The Director, in consultation with the Chairmen, has prepared the attached provisional timetable. It should however be noted that this timetable is subject to change at short notice. Delegations are strongly encouraged to be present throughout all the meetings. 3 Submission of documents Delegates are reminded that, as decided by the governing bodies in October 2002, documents prepared by delegations should in general be submitted to the Secretariat at least three weeks before the start of the meeting, ie by Friday 3 February 2006 at the latest. To facilitate the processing of documents, it would be appreciated if they were submitted in electronic format (preferably in Microsoft Word), either on computer diskette or by to info@iopcfund.org.

2 4 Credentials and notifications In accordance with the Rules of Procedure, credentials or notifications are required in respect of each of the following meetings for representatives, alternates and other persons designated by Governments and organisations to attend the meetings: Credentials Notifications 1992 Fund Assembly 1992 Fund Member States States and organisations with observer status 1992 Fund Executive Committee Members of the 1992 Fund Executive Committee Other 1992 Fund Member States, States and organisations with Supplementary Fund Assembly 1971 Fund Administrative Council Supplementary Fund Member States observer status Other 1992 Fund Member States, States and organisations with observer status Former 1971 Fund Member States, States and organisations with observer status Credentials and notifications should be sent to the Director of the IOPC Funds in advance of the opening of the meetings and preferably not later than Friday 17 February Detailed guidance in respect of the form and content of credentials and notifications which was endorsed by the 1992 Fund Assembly at its March 2005 session, is given in the enclosed circular (92FUND/Circ.49, 71FUND/Circ.86 and SUPPFUND/Circ.3). 5 Registration Delegates are reminded that they should register with the International Maritime Organization at least one week before the meetings, ie by Friday 17 February 2006, using the attached form. Delegates are requested to arrive early on the first day of the meetings to allow time for registration. Delegates who do not send their details in advance of the meetings will need to provide them on arrival, in addition to evidence of their authorisation to attend the meetings. * * *

3 PROVISIONAL TIMETABLE Note. This timetable may be subject to change at short notice. Delegations are strongly encouraged to be present throughout all the meetings. Date Time Meeting Main items Monday 27 February 9.30 am am 1992 Fund Assembly 1992 Fund Executive Committee Election of Credentials Committee Incidents 2.30 pm 1992 Fund Executive Committee Incidents cont pm 1971 Fund Administrative Incidents Council Tuesday 28 February 9.30 am 1992 Fund Assembly 2.30 pm 4.30 pm 1992 Fund Assembly 1992 Fund Assembly Wednesday 1 March 9.30 am Supplementary Fund Assembly 2.30 pm 1992 Fund Assembly/1971 Fund Administrative Council /Supplementary Fund Assembly, as required Thursday 2 March 9.30 am 1992 Fund Assembly/1971 Fund Administrative Council /Supplementary Fund Assembly, as required 2.30 pm 1992 Fund Assembly/1992 Fund Executive Committee/1971 Fund Administrative Council /Supplementary Fund Assembly, as required Adoption of Records of Decisions * * *

4 INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1992 ASSEMBLY 92FUND/A/ES.10/1 10th extraordinary session 3 January 2006 Agenda item 1 Original: ENGLISH PROVISIONAL ANNOTATED AGENDA OF THE TENTH EXTRAORDINARY SESSION OF THE ASSEMBLY to be held at the Headquarters of the International Maritime Organization, 4 Albert Embankment, London SE1, from Monday 27 February, 9.30 am to Thursday 2 March 2006 Opening of the session Procedural matters 1 Adoption of the Agenda 2 Examination of credentials In accordance with Rule 10 of the Rules of Procedure, a Credentials Committee consisting of five members shall be appointed by the Assembly on the proposal of the Chairman. The Credentials Committee shall examine the credentials of delegations of Member States and report to the Assembly without delay (document 92FUND/A/ES.10/2). Treaty questions 3 Status of the 1992 Fund Convention and the Supplementary Fund Protocol The Director will inform the Assembly of progress being made in various States towards accession to the 1992 Fund Convention and to the Supplementary Fund Protocol (document 92FUND/A/ES.10/3). 4 Implementation of the 1992 Civil Liability and Fund Conventions into national law At its 10th session, held in October 2005, the Assembly instructed the Director to continue to seek responses from all Member States to his enquiries as to whether the 1992 Conventions had been fully implemented into their national law. The Director will report to the Assembly on the developments in respect of his enquiries (document 92FUND/A/ES.10/4). 5 Substandard transportation of oil Establishment of Working Group At its 10th session the Assembly examined a proposal by the International Group of P&I Clubs that the 1992 Fund should set up a Working Group to consider what measures could be taken in the areas of liability, insurance and administration of the international compensation regime to address the substandard transportation of oil. The Assembly decided that the next step would be

5 92FUND/A/ES.10/1-2 - for one or more delegations to develop draft terms of reference for such a Working Group which were clear and precise, so that the Assembly could consider the draft at its next session. A document on this issue will be presented to the Assembly (document 92FUND/A/ES.10/5). Financial matters 6 Joint Audit Body's Review of Claims Handling At its 10th session the Assembly considered the joint Audit Body's report on a review it had carried out of the efficiency of the IOPC Funds' claims handling. The Assembly will be invited to consider a report by the Director setting out an action plan that the Secretariat has put in place in the light of the Audit Body's recommendations (document 92FUND/A/ES.10/6). 7 Appointment of External Auditor At their October 2006 sessions the governing bodies of the 1992 Fund, the 1971 Fund and the Supplementary Fund will have to appoint the External Auditor of the Funds for a period to be determined by these governing bodies from the financial period The Chairman of the Audit Body will present a document on this matter (document 92FUND/A/ES.10/7). Secretariat and administrative matters 8 Contract of the Director Elect The Chairman will report to the Assembly as regards the Director Elect's contract (document 92FUND/A/ES.10/8). 9 Headquarters Agreement The Director will inform the Assembly on the preparations of a revised Headquarters Agreement between the United Kingdom Government and the 1992 Fund (document 92FUND/A/ES.10/9). 10 Credentials for 1992 Fund meetings At its 10th session the Assembly instructed the Director, in consultation with those States who had served on the first and second Credentials Committees, to review the relevant Rules of Procedure relating to credentials and the guidelines given in circular 92FUND/Circ.49 in order to clarify certain aspects of both the content of credentials and the procedure for their submission. The Director will submit a document on this matter (document 92FUND/A/ES.10/10). 11 Insurance cover for staff members At its 10th session the Assembly instructed the Director to investigate further whether it would be possible to obtain insurance cover at a reasonable cost for Fund staff members in respect of damage caused or contributed to by an act of terrorism involving the use or release or the threat thereof of any nuclear weapon or device or chemical or biological agent (document 92FUND/A.10/37). The Director will submit a document on this matter (document 92FUND/A/ES.10/11). Compensation matters 12 Technical Guidelines on methods of assessing losses in the fisheries sectors At its 1st session, held in May 2003, the Administrative Council considered a proposal by the Director to publish Technical Guidelines on methods of assessing losses in fisheries, aquaculture and processing sectors where evidence was likely to be limited or totally lacking. At its 9 th session in October 2004, the Assembly decided to establish a correspondence group to review the draft

6 92FUND/A/ES.10/1-3 - Technical Guidelines prepared by the Director and to report to the Assembly with a recommendation on whether they should be published and, if so, in what form. The Assembly will be invited to consider the findings of the correspondence group (document 92FUND/A/ES.10/12). Other matters 13 STOPIA and TOPIA With effect from 3 March 2005, the limitation amount applicable to the shipowner under the 1992 Civil Liability Convention as regards pollution damage in States Parties to the Supplementary Fund Protocol was increased on a voluntary basis in respect of small tankers entered in one of the P&I Clubs that are members of the International Group of P&I Clubs and reinsured by the pooling arrangement of the International Group, by means of a contract between owners of such tankers, known as the Small Tanker Oil Pollution Indemnification Agreement (STOPIA). The International Group has offered to extend STOPIA to all States parties to the 1992 Civil Liability Convention. The International Group has further indicated that the P&I Clubs intend to propose that they should undertake to indemnify the Supplementary Fund in respect of 50% of the amounts paid in compensation by that Fund by means of an agreement to be known as the Tanker Oil Pollution Indemnification Agreement (TOPIA). The Assembly is invited to consider the revised voluntary agreement package (document 92FUND/A/ES.10/13). 14 Co-operation with P&I Clubs The Assembly will be invited to consider a draft of a new Memorandum of Understanding between the International Group of P&I Clubs, on the one hand, and the 1992 Fund and the Supplementary Fund, on the other, relating to the co-operation between the Clubs and the Funds (document 92FUND/A/ES.10/14). 15 International Convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea The Director will inform the Assembly of developments concerning preparations for the entry into force of the International Convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea (HNS Convention). The Director will also inform the Assembly of the results of his discussions with the Secretary-General of IMO regarding the issue of the consequences for the definition of HNS under Article 1.5(a)(ii) of certain recent amendments to MARPOL 73/78, with the aim of finding a practical solution to the issue and also of attempting to avoid similar issues arising in the future (document 92FUND/A/ES.10/15). 16 Application of the 1992 Conventions to ship-to-ship oil transfer operations The Director will report to the Assembly on the progress of the Secretariat's in-depth study of the application of the 1992 Civil Liability and Fund Conventions to ship-to-ship oil transfer operations. 17 Any other business The Assembly will be invited to consider other matters which may be proposed by Member States or by the Director. 18 Adoption of the Record of Decisions Rule 27 of the Rules of Procedure provides that the Secretariat shall prepare a Record of Decisions of the session. The Assembly will be invited to adopt this Record of Decisions.

7 INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1992 EXECUTIVE COMMITTEE 92FUND/EXC.32/1 32nd session 3 January 2006 Agenda item 1 Original: ENGLISH PROVISIONAL ANNOTATED AGENDA OF THE THIRTY-SECOND SESSION OF THE EXECUTIVE COMMITTEE to be held at the Headquarters of the International Maritime Organization, 4 Albert Embankment, London SE1, from Monday 27 February, 10am, to Thursday 2 March 2006 Opening of the session 1 Adoption of the Agenda 2 Examination of Credentials In accordance with Rule 10 of the Assembly's Rules of Procedure a Credentials Committee consisting of five members shall be appointed by the Assembly on the proposal of its Chairman. When the Executive Committee holds sessions in conjunction with sessions of the Assembly, as will be the case as regards the Executive Committee's 32nd session, the Credentials Committee established by the Assembly shall examine also the credentials of delegations of States Members of the Executive Committee and report to the latter without delay (document 92FUND/EXC.32/2). 3 Incidents involving the 1992 Fund The Director will inform the Executive Committee of recent developments regarding incidents involving the 1992 Fund. He will report to the Committee any settlement of claims against the 1992 Fund which have been made under his authority and will submit for the Committee's consideration any claims or other issues requiring decisions. Information will be contained in various documents. 4 Any other business The Executive Committee will be invited to consider other matters which might be proposed by Member States or by the Director. 5 Adoption of the Record of Decisions The Executive Committee will be invited to adopt a Record of Decisions for submission to the Assembly.

8 INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1971 ADMINISTRATIVE COUNCIL 71FUND/AC.18/1 18th session 3 January 2006 Agenda item 1 Original: ENGLISH PROVISIONAL ANNOTATED AGENDA OF THE EIGHTEENTH SESSION OF THE ADMINISTRATIVE COUNCIL to be held at the Headquarters of the International Maritime Organization, 4 Albert Embankment, London SE1, from Monday 27 February, 4.30pm to Thursday 2 March 2006 Opening of the session 1 Adoption of the Agenda 2 Participation The Director will report to the Administrative Council concerning States' participation at the session. Financial matters 3 Joint Audit Body's Review of Claims Handling At its 17th session the Administrative Council considered the joint Audit Body's report on a review it had carried out of the efficiency of the IOPC Funds' claims handling. The Administrative Council will be invited to consider a report by the Director setting out an action plan that the Secretariat has put in place in the light of the Audit Body's recommendations (document 71FUND/AC.18/2). 4 Appointment of External Auditor At their October 2006 sessions the governing bodies of the 1992 Fund, the 1971 Fund and the Supplementary Fund will have to appoint the External Auditor of the Funds for a period to be determined by these governing bodies from the financial period The Chairman of the Audit Body will present a document on this matter (document 71FUND/AC.18/3). Compensation matters 5 Incidents involving the 1971 Fund The Director will inform the Administrative Council of recent developments regarding incidents involving the 1971 Fund. He will report to the Council any settlements of claims against the 1971 Fund which have been made under his authority and will submit for the Council's consideration any claims or other issues requiring decision. Information will be contained in various documents.

9 71FUND/AC.18/1-2 - Other matters 6 Co-operation with P&I Clubs The Administrative Council will be invited to take note of the developments in respect of the Memorandum of Understanding between the International Group of P&I Clubs, on the one hand, and the 1992 Fund and the Supplementary Fund, on the other (document 71FUND/AC.18/5). 7 Any other business The Administrative Council will be invited to consider other matters which may be proposed by Members of the Council or by the Director. 8 Adoption of the Record of Decisions Rule 27 of the Rules of Procedure provides that the Secretariat shall prepare a Record of Decisions of the session. The Administrative Council will be invited to adopt this Record of Decisions.

10 INTERNATIONAL OIL POLLUTION COMPENSATION SUPPLEMENTARY FUND ASSEMBLY SUPPFUND/A/ES.2/1 2nd extraordinary session 3 January 2006 Agenda item 1 Original: ENGLISH PROVISIONAL ANNOTATED AGENDA OF THE SECOND EXTRAORDINARY SESSION OF THE SUPPLEMENTARY FUND ASSEMBLY to be held at the Headquarters of the International Maritime Organization, 4 Albert Embankment, London SE1, from Wednesday 1 March, 9.30am, to Thursday 2 March 2006 Opening of the Session Procedural matters 1 Adoption of the Agenda 2 Examination of credentials In accordance with Rule 10 of the Rules of Procedure, the Director will report to the Assembly on the credentials received from representatives of Members. Treaty matters 3 Status of the Supplementary Fund Protocol and the 1992 Fund Convention The Director will inform the Assembly of progress being made by various States towards accession to the Supplementary Fund Protocol and the 1992 Fund Convention (document SUPPFUND/A/ES.2/2). Financial matters 4 Joint Audit Body's Review of Claims Handling At its 1st extraordinary session the Assembly considered the joint Audit Body's report on a review it had carried out of the efficiency of the IOPC Funds' claims handling. The Assembly will be invited to consider a report by the Director setting out an action plan that the Secretariat has put in place in the light of the Audit Body's recommendations (document SUPPFUND/A/ES.2/3).

11 5 Appointment of External Auditor SUPPFUND/A/ES.2/1-2 - At their October 2006 sessions the governing bodies of the 1992 Fund, the 1971 Fund and the Supplementary Fund will have to appoint the External Auditor of the Funds for a period to be determined by these governing bodies from the financial period The Chairman of the Audit Body will present a document on this matter (document SUPPFUND/A/ES.2/4). Secretariat and Headquarters matters 6 Headquarters Agreement The Director will inform the Assembly on the preparation of a Headquarters Agreement between the United Kingdom Government and the Supplementary Fund (document SUPPFUND/A/ES.2/5). Compensation matters 7 Incidents The Director will report to the Assembly on incidents which will or may involve the Supplementary Fund, if any (document SUPPFUND/A/ES.2/6). Other matters 8 STOPIA and TOPIA With effect from 3 March 2005, the limitation amount applicable to the shipowner under the 1992 Civil Liability Convention as regards pollution damage in States Parties to the Supplementary Fund Protocol was increased on a voluntary basis in respect of small tankers entered in one of the P&I Clubs that are members of the International Group of P&I Clubs, and reinsured by the pooling arrangement of the International Group, by means of a contract between owners of such tankers, known as the Small Tanker Oil Pollution Indemnification Agreement (STOPIA). The International Group has offered to extend STOPIA to all States parties to the 1992 Civil Liability Convention. The International Group has further indicated that the P&I Clubs intend to propose that they should undertake to indemnify the Supplementary Fund in respect of 50% of the amounts paid in compensation by that Fund by means of an agreement to be known as the Tanker Oil Pollution Indemnification Agreement (TOPIA). The Assembly is invited to consider the revised voluntary agreement package (document SUPPFUND/A/ES.2/7). 9 Co-operation with P&I Clubs The Assembly will be invited to consider a draft of a new Memorandum of Understanding between the International Group of P&I Clubs, on the one hand, and the 1992 Fund and the Supplementary Fund, on the other, relating to the co-operation between the Clubs and the Funds (document SUPPFUND/A/ES.2/8). 10 Any other business The Assembly will be invited to consider other matters which may be proposed by Member States or by the Director. 11 Adoption of the Record of Decisions Rule 27 of the Rules of Procedure provides that the Secretariat shall prepare a Record of Decisions of the session. The Assembly will be invited to adopt this Record of Decisions.