THE CONFERENCE,
Having adopted the Protocol of 1992 to amend the International Convention on Civil
Liability for Oil Pollution Damage, 1969 (the 1969 Liability Convention) and the Protocol of 1992 to amend the International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage, 1971 (the 1971 Fund
Convention) (hereinafter referred to as the “1992 Protocols”),
Recalling the Protocols adopted in 1984 to amend the 1969 Liability Convention and
the 1971 Fund Convention (hereinafter referred to as the “1984 Protocols”),
Noting that, prior to the adoption of the 1992 Protocols, a certain number of States
had already deposited instruments of ratification, acceptance, approval or accession
regarding the 1984 Protocols,
Noting also that the 1984 Protocols have not entered into force and that it is unlikely
that the conditions for their entry into force will be met following the adoption
of the 1992 Protocols which are intended to replace them,
Recognizing, however, that it is theoretically possible for the 1984 Protocols to
enter into force even after the entry into force of the 1992 Protocols,
Bearing in mind that the States which have consented to be bound by the 1984 Protocols
might encounter difficulties if they were to become Parties to the 1992 Protocols
should the 1984 Protocols enter into force,
Considering that it is desirable that the States which have consented to be bound
by the 1984 Protocols and which also wish to become Parties to the 1992 Protocols
should take the necessary measures to avoid being faced with a situation in which
two compensation regimes would be in force concurrently,
Convinced that measures taken by States to bring the 1992 Protocols into force will
help to promote the object and purpose for which the 1984 Protocols were originally
adopted,