Law Approving The 1992 Protocol Amending The International Convention On Civil Liability For Oil Pollution Damage Of 1969, And Annex, Made In London On 27 November 1992 (1)

Original Language Title: Loi portant assentiment au Protocole de 1992 modifiant la Convention internationale de 1969 sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures, et Annexe, faits à Londres le 27 novembre 1992 (1)

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Posted the: 1999-03-16 Numac: 1998015183 Ministry of Foreign Affairs, international trade and development 10 August 1998. -Law approving the 1992 Protocol amending the International Convention on civil liability for oil pollution damage of 1969, and annex, made in London on 27 November 1992 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2. the 1992 Protocol amending the 1969 International Convention on civil liability for damage due to pollution by hydrocarbons, and annex, made in London on 27 November 1992, will release their full and complete effect.
S. 3. in article 1 of the law of 20 July 1976 relating to the approval and implementation of the International Convention on civil liability for damage due to pollution by hydrocarbons and its annex, made in Brussels on 29 November 1969, is replaced by the following provision: "Article 1.
For the purposes of this Act, "Convention" means: the International Convention on civil liability for damage due to pollution by hydrocarbons and its annex made in Brussels on 29 November 1969, as amended by the 1992 Protocol amending the 1969 International Convention on civil liability for oil pollution damage done at London on November 27, 1992. » Art. 4. in the text of the french article 7, § 1, of the Act of 20 July 1976 relating to the approval and implementation of the International Convention on civil liability for oil pollution damage, and its annex, made in Brussels on 29 November 1969, the "Five thousand" shall be replaced by the words "five hundred thousand.
S. 5. the King sets the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, August 10, 1998.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE. the Minister of the economy, E. DI RUPO on Minister of transport M. DAERDEN Minister of Justice, T. VAN PARYS sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Note (1) 1997-1998 regular Session.
Senate Documents. -Bill tabled on June 10, 1998, no. 1 - 1015/1. -Report, n ° 1-1015/2. -Text adopted by the Commission, no 1-1015/3.
Parliamentary Annals. -Discussion and vote. Meeting of 9 July 1998.
Room Documents.
-Draft transmitted by the Senate, no. 1656/1. -Text adopted in plenary meeting and submitted to the Royal assent, no. 1656/2.
Parliamentary Annals. -Discussion and vote. Meeting of July 16, 1998.
1992 Protocol amending the international convention of 1969 on civil liability for damage due to pollution by hydrocarbons the parties to this Protocol, having considered the 1969 International Convention on civil liability for damage due to pollution by hydrocarbons and the Protocol of 1984, having noted that the 1984 Protocol to that convention which expands the scope and offers increased compensation is not yet entered
into force, stating that it is important to preserve the viability of the international system of liability and compensation for pollution by hydrocarbons, conscious of the need to ensure as soon as possible the entry into force of the contents of the 1984 Protocol, recognizing that special provisions are needed for the introduction of corresponding amendments to the International Convention of 1971 on the establishment of an international fund for compensation for oil pollution damage , Have agreed upon the following provisions: Article 1 the Convention as amended by the provisions of this Protocol is the 1969 International Convention on civil liability for damage due to pollution by hydrocarbons, hereinafter referred to as the "1969 liability Convention". For States Parties to the Protocol of 1976 to the 1969 liability Convention, this expression means the Convention of 1969 on liability, such as amended by this Protocol.
Article 2 article I of the 1969 liability Convention is amended as follows: 1. paragraph 1 is replaced by the following text: 1. "Ship" means any vessel sea or marine craft, whatever it is constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes is considered a ship when actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is established that on Board remains no residue of this transport of hydrocarbons in bulk.
2. paragraph 5 is replaced by the following text: "5. oil" means all the persistent hydrocarbon mineral oil, including crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship.
3. paragraph 6 is replaced by the following: 6. "Pollution damage" means: a) the harm or damage caused outside the ship by contamination occurred as a result of a leak or a discharge of oil from the ship, wherever this leak or rejection occurs, being heard that allowances paid in respect of the impairment of the environment other than loss of profits due to this alteration will be limited to the cost of reasonable measures rehabilitation that were actually taken or to be taken;
(b)) the cost of the safeguards and other injury or damage caused by such measures.
4. paragraph 8 is replaced by the following: "8. incident" means any occurrence or series of occurrences having the same origin, which causes pollution or creates a grave and imminent threat of pollution.
5. paragraph 9 is replaced by the following: "9. organization" means the international maritime organization.
6. after paragraph 9, a new paragraph is inserted as follows: 10. '1969 liability convention' means the International Convention of 1969 on civil liability for damage due to pollution by hydrocarbons. For States Parties to the Protocol of 1976 to that convention, the term means the Convention of 1969 on liability, such as amended by this Protocol.
Article 3 article II of the 1969 liability Convention is replaced by the following text: this Convention shall apply exclusively: a) to pollution occurring damage: i) in the territory, including the territorial sea, of a Contracting State, and ii) in a Contracting State has exclusive economic zone established in accordance with international law or, if a Contracting State has not established this area in a zone located beyond the territorial sea of that State and adjacent to it, determined by that State in accordance with international law and not extending not-beyond of 200 nautical miles from the baselines from which the breadth of the territorial sea; is measured
(b) safeguard measures, wherever they are taken, intended to prevent or reduce such damage.
Article 4 article III of the 1969 liability Convention is amended as follows: 1. paragraph 1 is replaced by the following: 1. the owner of the ship at the time of an event or, if the event consists of a series of occurrences, at the time of the first of these facts, is responsible for any pollution damage caused by the ship and resulting from the event except in the cases provided in paragraphs 2 and 3 of this article.
2. paragraph 4 is replaced by the following text: 4. no claim for compensation for pollution damage may be brought against the owner otherwise than on the basis of this Convention. Subject to paragraph 5 of this article, no claim for compensation for pollution damage, that it be based on this Convention, may be brought against: a) the servants or agents of the owner or members of the crew;
(b) the driver or any other person who, without being a member of the crew, performs services for the ship;
(c) any charterer (under any name whatsoever, including a bareboat charterer), shipowner or shipowner-Manager of the vessel;
(d) any person performing rescue operations with the consent of the owner or on the instructions of an authority public competence;
(e) any person taking stores together corresponding measures;
(f) all servants or agents of persons mentioned in paragraphs c, d and e);
unless the damage resulted from their or their omission personal, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
Article 5 article IV of the 1969 liability Convention is replaced by the following text: when an event involving more than one ship and pollution damage results therefrom, the owners of all the ships concerned are subject to the exemptions in article III, jointly and severally liable for all the damage which is not reasonably separable.
Article 6

Article V of the 1969 liability Convention is amended as follows: 1. paragraph 1 is replaced by the following: 1. the owner of a ship is entitled to limit its liability under the terms of this Convention to a total by Lysa event: has) 3 million units of account for a ship not exceeding 5,000; in the gauge
b) for a ship which exceeds this number of units for each unit of additional tonnage, 420 units of account in addition to the amount referred to in paragraph a);
provided, however, that the total amount cannot exceed 59.7 million units of account.
2. paragraph 2 is replaced by the following: 2. the owner is not entitled to limit its liability under the terms of this Convention if it is proved that the pollution damage resulted from his act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
3. paragraph 3 is replaced by the following text: 3. to benefit from the limitation provided in subsection 1 of this section, the owner shall constitute a Fund amounting to the limit of his liability with the Court or any other competent authority of any of the Contracting States where an action is brought under article IX or in the absence of such action, to a court or any other competent authority of any of the Contracting States where an action may be brought under article IX. The Fund can be constituted either by depositing the sum or by the presentation of a bank guarantee or other acceptable security allowed by the legislation of the Contracting State in which the Fund is constituted, and considered satisfactory by the Court or any other competent authority.
4. paragraph 9 is replaced by the following: 9. has) the 'unit of account' referred to in paragraph 1 of this article is the special drawing right as defined by the international monetary fund.
The amounts referred to in paragraph 1 are converted into national currency according to the value of this currency in relation to the special drawing right on the date of the constitution of the Fund referred to in paragraph 3. The value in special drawing rights, of the national currency of a Contracting State which is member of international monetary fund is calculated according to the method of valuation applied by the international monetary Fund on the date in question for its own operations and transactions. The value in special drawing rights, of the national currency of a Contracting State which is member of the international monetary fund pets is calculated in the manner determined by that State.
9. b) However, a Contracting State which is not a member of the international monetary fund and whose law does not allow to apply the provisions of paragraph 9 (a)) may, at the time of ratification, acceptance or approval of this Convention or accession to it or any time thereafter, declare that the unit of account referred to in paragraph 9) is equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to 65 and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the gold franc into national currency is carried out in accordance with the legislation of the State concerned.
((9. c) the calculation mentioned in the last sentence of paragraph 9 a) and the conversion mentioned in paragraph 9B) are made so as to express in the national currency of the Contracting State the same real value, to the extent possible, for the amounts in paragraph 1 as that which would result from the application of the first three sentences of paragraph 9(a)). Contracting States shall communicate to the Depositary their method of calculation pursuant to paragraph 9) or the results of the conversion in paragraph 9 (b)), as appropriate, when depositing their instrument of ratification, acceptance or approval of this Convention or accession to it and whenever a change occurs in this method of calculation or in these results.
5. paragraph 10 is replaced by the following: 10. fine cough of this article, the tonnage of the ship is the gross tonnage calculated in accordance with the tonnage measurement rules laid down in annex I to the International Convention on the tonnage measurement of Ships 1969.
6. the second sentence of paragraph 11 is replaced by the following text: such a fund may be constituted even if, by virtue of the provisions of paragraph 2, the owner is not entitled to limit his liability, but the constitution does not affect, in this case, the rights of the victims to the owner.
Article 7 article VII of the 1969 liability Convention is amended as follows: 1. the first two sentences of paragraph 2 are replaced by the following text.
A certificate attesting that insurance or other financial guarantee is valid in accordance with the provisions of this Convention shall be issued to each ship after the competent authority of the Contracting State is satisfied that the ship complies with the requirements of paragraph 1. When it comes c.tlun ship registered in a Contracting State, that certificate is issued or endorsed by the competent authority of the State of registration of the ship; When it comes to a ship not registered in a Contracting State, the certificate can be issued or endorsed by the competent authority of any Contracting State.
2. paragraph 4 is replaced by the text below 4. The certificate must be on board the ship and a copy is to be filed with the authority which keeps the record of registration of the ship or, if the ship is not inmrtatricule in a Contracting State, to the authority of the State which issued or referred to the certificate.
3. the first sentence of paragraph 7 is replaced by the following text: certificates issued or covered under the responsibility of a State contractor pursuant to subsection 2 are recognized by other Contracting States for the purposes of the submitted Convention and are considered by them as having the same value as certificates issued and referred by themselves even when it comes to a vessel that is not registered in a Contracting State.
4. in the second sentence of paragraph 7, "in the State of registration' shall be replaced by the words" the State that issuing or certifying the certificate".
5. the second sentence of paragraph 8 is replaced by the following text: in such cases, the defendant may, even when the owner is not entitled to limit its liability confonnetuent in article V, paragraph 2, avail himself of the limits of liability provided for in article V, paragraph 1.
Article 8 article IX of the Convention of 1969 on the resportsabilite is amended as follows: paragraph 1 is replaced by the following: 1. where an event has caused pollution damage in the territory, including the territorial sea, or in an area as defined in article II, of one or several Contracting States, or safeguard measures have been taken to prevent or mitigate damage by pollution that territory including the sea territorial, or in such area, it cannot be submitted an application for compensation in the courts of this or these Contracting States. Notice must be given to the defendant, within a reasonable time, of the introduction of such requests.
Article 9 after article XII of the 1969 liability Convention, two new articles are inserted as follows: Article XIIbis transitional provisions the following transitional provisions shall apply in the case of a State which, at the date of an event is a party both to this Convention and the 1969 liability Convention: has) when an event because of the pollution damage within the scope of application of the Convention responsibility governed by the latter is considered to be assumed in the case and to the extent where it is also governed by the 1969 liability Convention;
b) when an event because of the pollution damage within the scope of application of the Convention and that the State is party to the Convention and the International Convention of 1971 on the establishment of an international fund for compensation for damage due to pollution by hydrocarbons, the responsibility which remains to assume after the application of the provisions of paragraph) of the present article shall be governed by this Convention only to the extent that pollution damage have not been fully repaired after the application of the provisions of the 1971 Convention;
(c) for the purposes of the application of article III, paragraph 4, of the Convention, the words "this Convention" are interpreted as referring to the present Convention or the Convention of 1969 on liability, as the case may be;
(d) for the purposes of the application of article V, paragraph 3, of this Convention, the total amount of the Fund to be established is reduced by the amount for which the responsibility is considered as assumed in accordance with paragraph a) of this article.
Article XIIter Final Clauses the final clauses of this Convention shall be articles 12 to 18 of the Protocol of 1992 to amend the 1969 liability Convention. In this agreement, references to Contracting States are considered to be references to the Contracting States to this Protocol.
Article 10

The model certificate annexed to the 1969 liability Convention is replaced by the model annexed to this Protocol.
Article 11 1. The Convention of 1969 on liability and this Protocol are the parties to this Protocol, considered and interpreted as forming a single instrument.
2 articles I to XIIter, including the model certificate, the Convention of 1969 on liability, such as amended by this Protocol, are designated as the "International Convention of 1992 on civil liability for damage due to pollution by hydrocarbons" ("1992 Liability Convention").
Final clauses Article 12 Signature, ratification, acceptance, approval and accession 1.
The present Protocol is open for signature by all States in London from January 15, 1993 to January 14, 1994.
2. subject to the provisions of paragraph 4, any State may become party to this Protocol by: a) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or b) accession.
3. ratification, acceptance, approval or accession are effected by the deposit of an instrument in good and due form to that effect with the Secretary-General of the organization.
4. any State Contracting to the International Convention of 1971 on the establishment of an international fund for compensation for damage due to oil pollution, hereinafter referred to as the "Convention of 1971 on the establishment of the Fund", may not ratify, accept or approve this Protocol or accede unless it ratifies, accepts or approves at the same time the 1992 Protocol amending that convention, or if he accedes unless it denounces the Convention of 1971 on the establishment of the Fund, with effect from the date of entry into force of this Protocol for that State.
5. a State which is a party to this Protocol but is not a party to the 1969 liability Convention is bound by the provisions of the Convention of 1969 on liability, such as amended by this Protocol, with respect to the other States Parties to the Protocol but is not bound by the provisions of the 1969 Convention on liability for States Parties to this convention.
6. any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the Convention of 1969 on liability, such as amended by this Protocol, shall be deemed to apply to the Convention as amended and as amended by the amendment.
Article 13 entry into force 1. This Protocol comes into force twelve months after the date on which ten States, including four States each with at least one million units of gross tonnage of tanker, have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General of the organization.
2. However, any Contracting State to the Convention of 1971 on the establishment of funds may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession with respect to this Protocol, declare that this instrument is deemed without effect for the purposes of this section until the expiration of the period of six months provided for in article 31 of the 1992 Protocol amending the Convention of 1971 on the establishment of funds. Contracting a State which is not a State to the Convention of 1971 on the establishment of the Fund but which deposits an instrument of ratification, acceptance, approval or accession with respect to the Protocol of 1992 amending the 1971 Convention establishing the Fund, may also at the same time make a declaration under this paragraph.
3. any State which has made a declaration under the preceding paragraph may withdraw it at any time by notification addressed to the Secretary general of the organization. All thus made withdrawal takes effect on the date of the receipt of the notification, provided that this State is regarded as having filed on this date its instrument of ratification, acceptance, approval or accession to this Protocol.

4. for any State which ratifies, accepts, approves it or accedes thereto after the requirements for entry into force laid down in paragraph 1 have been fulfilled, this Protocol shall enter into force twelve months after the date of deposit by such State of the instrument suitable.
Article 14 Revision and Amendment 1. The organization may convene a conference aimed at revising or amending the 1992 Liability Convention.
2. the Organization shall convene a conference of the Contracting States intended to revise or amend the 1992 Convention on the responsibility at the request of one-third or more of the Contracting States.
Article 15 amendment of the limits of liability 1. At the request of a quarter at least of the Contracting States, any proposal to amend the limits of liability provided for in article V, paragraph 1, of the 1969 liability Convention as amended by this Protocol, is transmitted by the Secretary-General to all members of the Organisation and to all Contracting States.
2. any amendment proposed and circulated as above is submitted to the legal organization Committee for consideration six months at least after the date on which it was broadcast.
3. all Contracting States to the Convention of 1969 on liability, such as amended by this Protocol, whether or not members of the Organization, are allowed to participate in the proceedings of the legal Committee to consider and adopt the amendments.
4. the amendments were adopted at the majority of two-thirds of the Contracting States present and voting in the legal Committee, expanded in accordance with paragraph 3, provided that the Contracting States at least half are present at the time of the vote.
5. when deciding on a proposal to amend the limits, the legal Committee takes account of the experience gained in events and, in particular, the amount of damage resulting therefrom, the fluctuations in the value of currencies and the impact of the amendment on the cost of insurance. It also takes account of the relationship between the limits in article V, paragraph 1, of the Convention of 1969 on liability, such as amended by this Protocol, and the limits laid down in article 4, paragraph 4, of the Convention of 1992 on the establishment of an international fund for compensation for damage due to oil pollution.
6. has) no amendment to amend the limits of liability under this section may be considered before 15 January 1998 or before the expiry of a period of five years from the date of entry into force of a previous amendment under this article. No amendment under this article may be considered before the entry into force of the present Protocol.
(b) no limit may be relieved to point exceed an amount corresponding to the limit in the Convention of 1969 on liability, such as amended by this Protocol, plus 6 p. 100 per annum, compound interest, effective January 15, 1993.
(c) no limit may be raised to exceed an amount equal to three times the limit laid down in the 1969 liability Convention, as amended by this Protocol.
7. any amendment adopted in accordance with paragraph 4 of this article shall be notified by the Organization to all Contracting States. The amendment is deemed to have been accepted at the expiry of a period of eighteen months after the date of its notification, unless that, during this period, a quarter to least Contracting States at the time of the adoption of the amendment by the legal Committee have communicated to the Organisation that they do not accept in which case the amendment is rejected and has no effect.
8. an amendment deemed to have been accepted in accordance with paragraph 7 shall enter into force eighteen months after its acceptance.
9. all Contracting States are bound by the amendment, at least that they do not denounce this Protocol in accordance with article 16, paragraphs 1 and 2, six months at least before the entry into force of this amendment. Such denunciation shall take effect when the amendment enters into force.
10. when an amendment has been adapted by the legal Committee but the acceptance of eighteen month period has not yet expired, a State which becomes a Contracting State during that period is bound by the amendment if it enters into force. A State which becomes a Contracting State after that period is bound by any amendment which has been accepted pursuant to paragraph 7. In the cases referred to in this paragraph, a State is bound by an amendment of the date of entry into force of the amendment or of the date of entry into force of this Protocol for that State, if the latter date is later.
Article 16 denunciation 1. This Protocol may be denounced by any party at any time after the date on which it enters into force for that party.
2. the denunciation shall be effected by the deposit of an instrument with the Secretary-General of the organization.
3. the denunciation shall take effect twelve months after the date of deposit of the instrument of denunciation with the Secretary-General of the organization or to the expiry of any period more long which may be specified in that instrument.
4 between the Parties to this Protocol, denunciation by

one any of them of the Convention of 1969 on liability under article XVI of the said convention is certainly not interpreted as a denunciation of the 1969 liability Convention as amended by this Protocol.
5. the denunciation of the Protocol of 1992 amending the Convention of 1971 on the establishment of the Fund by a State which is party to the 1971 Fund Convention is considered to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which the denunciation of the Protocol of 1992 to amend the 1971 Fund Convention takes effect in accordance with article 34 of the Protocol.
Article 17 depositary 1.
This Protocol and any amendments accepted under article 15 shall be deposited with the Secretary-General of the organization.
((2 the Secretary general of the Organization: has) inform all States which have signed the present Protocol or acceded: i) of any new signature and any deposit of new instrument, and the date this which that signature or deposit have occurred;
(ii) of any declaration and notification made pursuant to article 13 and any declaration and communication under article V, paragraph 9, of the 1992 Liability Convention;
(iii) from the date of entry into force of this Protocol;
(iv) of any proposal to amend the limits of liability, which was presented in accordance with article 15, paragraph 1;
(v) of any amendment adopted in accordance with article 15, paragraph 4;
(vi) of any amendment deemed have been accepted under article 15, paragraph 7, as well as the date on which the amendment enters into force, in accordance with paragraphs 8 and 9 of this article.
VII) filing of any instrument of denunciation of this Protocol, as well as the date at which this deposit is reached and the date on which the denunciation takes effect;
(viii) of any denunciation deemed to have been made pursuant to article 16, paragraph 5;
(ix) any communication provided for by any of the articles of this Protocol;
(b) transmit certified copies of this Protocol to all signatory States and to all States acceding.
3. upon the entry into force of the present Protocol, the Secretary general of the Organization shall transmit the text to the Secretariat of the United Nations for registration and publication in accordance with article 102 of the Charter of the United Nations.
Article 18 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic.
Done at London, this 27 November one thousand nine hundred eighty - twelve.
In faith whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Protocol.

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