The Offshore Pollution Liability Association Ltd


OFFSHORE POLLUTION LIABILITY AGREEMENT

At the OPOL general meeting on 1 December 2015, the OPOL members adopted the following changes to the OPOL Agreement and the OPOL Rules:

Effective 1 January 2016

  • The definition of "Operator" in the OPOL Agreement has been amended to clarify that sub-contracting or outsourcing the operation of an Offshore Facility will not result in a Person ceasing to be the "Operator" for the purposes of OPOL; and

  • Members in the same group of companies may satisfy their financial responsibilities ('FR') under OPOL by providing evidence of FR on an aggregate basis under a group policy, in the amount of not less than US$250 million for any one incident and US$500 million in the annual aggregate for the member group companies. OPOL will have the right after an incident to require that the relevant member (whether or not part of a group) re-establish the annual aggregate limit of US$500 million in order to ensure ongoing compliance with OPOL. New forms FR-1G and FR-2G will have to be completed for group policies. There is also a new Form FR-3G for verification of guarantee where a single guarantor is providing FR for multiple OPOL members.

Effective 1 April 2016

A definition of "Permanently Abandoned" is included in the OPOL Agreement and the OPOL Rules and the OPOL Agreement and the OPOL Rules do not apply to any "Permanently Abandoned" well or any permanently abandoned installation or pipeline.

Please download/print the full OPOL Agreement in PDF format by clicking on the relevant icon

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The OPOL Agreement effective from 1 April 2016

 

The following is an outline of what will be found in the full PDF document.

The Parties to this Contract are Operators of or intend to be the Operators of Offshore Facilities used in connection with exploration for or production of oil and gas.

Each of the Parties has resolved to provide an orderly means for compensating and reimbursing any Person who sustains Pollution Damage and any Public Authority which incurs costs for taking Remedial Measures as a result of a Discharge of Oil from any Offshore Facility so used and located within the jurisdiction of a State denominated hereunder as a "Designated State", provided that such Party is the Operator of the Offshore Facility and has made this Contract applicable to it.

Accordingly, the Parties who have executed this Contract as of the date hereof, together with those Persons who later become Parties hereto, in consideration of their mutual promises, have agreed, and do hereby agree as follows:

CLAUSE I - DEFINITIONS

CLAUSE II - GENERAL CONDITIONS

CLAUSE III - ADDITIONAL FUNCTIONS OF THE ASSOCIATION

CLAUSE IV - REMEDIAL MEASURES AND POLLUTION DAMAGE - REIMBURSEMENT AND COMPENSATION

CLAUSE V - FILING OF CLAIMS

CLAUSE VI - TIME FOR FILING CLAIM

CLAUSE VII - PAYMENT OF CLAIMS

CLAUSE VIII - ADMINISTRATION OF THIS AGREEMENT

CLAUSE IX - ARBITRATION

CLAUSE X - AMENDMENTS

CLAUSE XI - WITHDRAWAL AND TERMINATION

CLAUSE XII - LAW GOVERNING