The States Parties to this Protocol,
Recognizing the significant contribution which can be made by the International Convention on Liability and Compensation for Damage in Connection with
the Carriage of Hazardous and Noxious Substances by Sea, 1996 (hereinafter referred to as the “Convention”), to the adequate, prompt and effective
compensation of persons who suffer damage caused by incidents in connection with the
carriage of hazardous and noxious substances by sea, as well as to the preservation
of the marine environment,
Recognizing also that, over many years, a large number of States have consistently
expressed their determination to establish a robust and effective compensation regime
for the maritime carriage of hazardous and noxious substances based on a system of
shared liability and have worked towards a uniform implementation of the Convention,
Acknowledging, however, that certain issues have been identified as inhibiting the
entry into force of the Convention and, consequently, the implementation of the international
regime contained therein,
Determined to resolve these issues without embarking on a comprehensive revision of
the Convention,
Aware of the need to take into account the possible impact on developing countries,
as well as the interests of those States which have already ratified the Convention
or have almost completed the ratification process,
Recalling the principles enshrined in IMO resolution A.998(25) “Need for capacity-building
for the development and implementation of new, and amendments to existing, instruments”,
adopted on 29 November 2007,
Considering that these objectives may best be achieved by the conclusion of a Protocol
to the Convention,
