
Information for Prospective Members
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How is OPOL made to apply to offshore facilities?
A party makes OPOL applicable to the offshore facilities
for which it is the operator by giving written notice to the
Association of the licence under which the offshore facilities
are or will be operated. This is referred to as designating the
licence, and OPOL will then be applicable to all present or future
facilities installed or operated under that licence. Forms C
and D are provided for this purpose. Details of the licence and
the participants are given on Form C. This form may be submitted
at the time of application to become a party, even if operations
have not yet commenced, and should in any event be submitted
before operations are started. Form D is used to notify details
of the facilities and should be sent with Form C if operations
have already commenced, or may be sent later. It is also used
to advise the Association of any change in the facilities. The
facilities involved are referred to as "Designated Offshore
Facilities."
What are the obligations assumed under OPOL by making it
applicable to offshore facilities?
As a result of designating the licence, if a spill occurs
from any of the facilities installed or operated under that licence,
the operator agrees to meet claims for clean up and pollution
damage in accordance with the liability provisions set out in
Clause IV of OPOL. The liability is strict, with certain exceptions,
and has an overall limit of U.S $120,000,000 per incident. This
acceptance of strict liability cannot supplant legal liability,
but it does provide a means of dealing with claims that is simpler
and more satisfactory both to the claimant and to the operator.
A party to OPOL must also provide evidence of financial responsibility
to meet claims, and additionally agrees to contribute, in proportion
to the number of relevant facilities operated by it on the date
of the incident in question, towards payment of claims due from
a party that fails to meet its obligations. The party also agrees
to pay its share of the administration costs of the Association.
more information for
Prospective Members
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