Key Benefits:
The President of the Republic,
On the First Report Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2001-74 of 30 January 2001 authorising the accession of the Government of the French Republic;
In view of Decree No. 53-192 of 14 March 1953 Amended concerning the ratification and publication of international commitments entered into by France,
Décrète:
The 1989 International Convention on Assistance, made in London on April 28, 1989, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
1989 INTERNATIONAL
ON ASSISTANCE
States Parties to the Convention,
Recognizing the desirability of establishing uniform international rules for assistance operations by convention;
Noting that important new elements and, in particular, Increased concern for the protection of the environment, demonstrated the need to review the international rules currently contained in the Convention for the Unification of Certain Rules on Maritime Assistance and Rescue, Done in Brussels on 23 September 1910;
Conscious of the considerable contribution that effective and timely assistance operations can make to the safety of ships and other goods in danger and to the protection of The environment;
Convinced of the need to ensure that there are adequate incentives for persons undertaking assistance operations with respect to ships and other assets at risk,
have agreed as follows: :
Article 1
Definitions
For the purpose of Convention:
a) " Help operation " Means any act or activity undertaken to assist a ship or any other property in danger in navigable waters or in any other waters;
(b) " Ship " Means any vessel, craft or craft or any structure capable of sailing;
(c) " Good " Means any property that is not permanently and intentionally attached to the shoreline and includes the cargo at risk;
(d) " Damage to the environment " Means substantial material damage to human health, to the marine flora or fauna or to the resources of the sea in coastal or inland waters or adjacent areas, caused by pollution, contamination, fire, explosion or Severe similar events;
e) " Payment " Means the settlement of any remuneration, reward or compensation due under this Convention;
(f) " Organization " Means the International Maritime Organization;
g) " Secretary-General " Means the Secretary-General of the Organization.
Article 2
Application of the Convention
This Convention shall apply whenever judicial or arbitral proceedings relating to Issues addressed in this Convention are introduced in a State Party.
Article 3
Platforms and drilling units
This Convention does not apply to fixed platforms or Floating or mobile drilling units offshore when these platforms or units are assigned, where they are located, to the exploration, exploitation or production of seabed mineral resources.
Item 4
State-owned ships
1. Without prejudice to the provisions of Article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, during assistance operations, to immunity Sovereign under generally accepted principles of international law, unless that State decides otherwise.
2. When a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General of the terms and conditions of that application.
Item 5
Support Operations Performaged under Public Authorities
1. This Convention shall not affect any of the provisions of national law or an international agreement relating to assistance operations by or under the control of public authorities.
2. Assistants performing such operations are entitled to avail themselves of the rights and remedies provided for in this Convention for assistance operations.
3. The extent to which a public authority which is obliged to carry out assistance operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State in which such authority is Located.
Article 6
Support Contracts
1. This Convention shall apply to any assistance operation except to the extent that a contract provides otherwise, either expressly or implicitly.
2. The captain has the power to enter into assistance contracts on behalf of the owner Of the ship. The master or owner of the ship has the authority to enter into such contracts on behalf of the owner of the goods on board the ship.
3. Nothing in this Article shall affect the application of Article 7 or the obligation to prevent or limit damage to the environment.
Article 7
Cancellation and modification of contracts
A contract or any of its clauses can be cancelled or modified if:
a) The contract was entered into under undue pressure or under the influence of danger and its clauses are not fair, or if
b) Payment Agreed under the contract is far too high or too low for the services actually rendered
Article 8
Obligations of the wizard,
of the owner and master
1. The assistant has, with respect to the owner of the ship or other property in danger, the obligation:
(a) To perform the assistance with the care required;
(b) When performing the obligation referred to in paragraph a, to act with due care To prevent or limit damage to the environment;
c) Whenever circumstances reasonably require it, to seek the assistance of other assistants; and
d) To accept the intervention of other assistants when it is Reasonably requested to do so by the master or the owner of the ship or other property in danger; however, it is understood that the amount of its remuneration is not affected if it is found to be unreasonable.
2. The master and the owner of the ship or the owner of the other assets in danger shall have, to the assistant, the obligation:
(a) To cooperate fully with him during the assistance operations;
(b) In doing so, to act with the necessary care Prevent or limit damage to the environment; and
(c) When the ship or other property has been conducted in a safe place, to accept its return when the assistant reasonably requests it.
Article 9
Coastal State Rights
Nothing in this Convention affects the right of the coastal State concerned to take measures, in accordance with generally accepted principles of international law, In order to protect its coastline or related interests from pollution or the threat of pollution resulting from an accident at sea, or acts related to such an accident, which can reasonably be expected to have serious adverse consequences, and In particular, the right of a coastal state to give instructions for assistance operations.
Article 10
Obligation to assist
1. Every master shall be obliged, as far as he can do so without serious danger to his ship and the persons on board, to assist any person in danger of disappearing at sea.
2. States Parties shall take the necessary measures to do so Observe the obligation in paragraph 1.
3. The owner of the ship shall not be liable for the breach by the master of the obligation set out in paragraph 1.
Article 11
Cooperation
Each time it lays down rules or takes Decisions on matters relating to assistance operations, such as admission to ports of ships in distress or the provision of means to assistants, a State Party shall take into account the need for cooperation between Assistants, other interested parties and public authorities, in order to ensure the effective and successful execution of assistance operations to save lives or property in danger, as well as to prevent damage to the environment by General
Article 12
Conditions open to a Compensation
1. Support operations that have had a useful result give entitlement to remuneration.
2. Except as otherwise provided, no payment is due under this Convention if the assistance operations have not had a useful result.
3. The provisions of this chapter apply even if the assisted vessel and the assistant ship are owned by the same owner.
Article 13
Compensation Assessment Criteria
1. The remuneration shall be fixed in order to encourage assistance operations in the light of the following criteria, irrespective of the order in which they are presented below:
a) The value of the ship and the other assets saved;
b) The skill and Assistants' efforts to prevent or limit damage to the environment;
c) The extent of the success of the assistant;
d) The nature and extent of the hazard;
e) The skill and effort of the assistants to save the ship, Other assets and human lives;
f) Time spent, expenses incurred and losses incurred by assistants;
g) Risk of liability and other risks accruing to assistants or their equipment;
h) Timeliness Services rendered;
i) Availability and use of ships or other equipment for support operations;
j) The state of readiness and the effectiveness and value of the assistant's equipment.
2. Payment of a The remuneration fixed in accordance with paragraph 1 shall be made by all Parties interested in the ship and other assets saved in proportion to their respective value. However, a State Party may provide, in its national legislation, that payment of remuneration shall be made by one of the Parties concerned, on the understanding that that Party has a right of appeal against the other Parties for their share And respective. Nothing in this Article shall prejudice the exercise of any right of
. Remuneration, excluding any recoverable interest and legal costs that may be payable in this regard, does not exceed the value of the vessel and other assets saved.
Section 14
Special Allowance
1. If the assistant has carried out assistance operations in respect of a ship which by itself or by its cargo threatened to cause damage to the environment and has not been able to obtain compensation under Article 13 at least The special compensation calculated in accordance with this Article, the owner of the ship shall be entitled to a special allowance equivalent to his expenses as defined.
2. If, in the circumstances set out in paragraph 1, The assistant has prevented or limited damage to the environment through his assistance operations, the special allowance payable by the owner to the assistant under paragraph 1 may be increased up to a maximum of 30 % of the expenses incurred by the assistant. The wizard. However, if the court considers it fair and fair, having regard to the relevant criteria set out in article 13, paragraph 1, it may still increase that special allowance, but the total increase shall in no case represent more than 100 % of expenses incurred by the wizard.
3. The expenses of the assistant shall cover, for the purposes of paragraphs 1 and 2, the disbursements reasonably incurred by the assistant in the assistance operations as well as a fair amount for the equipment and personnel effectively and reasonably Used in assistance operations, taking into account the criteria set out in paragraphs 1 (h), (i) and (j) of Article
. The total compensation referred to in this Article shall be paid only in the case and to the extent that it exceeds the remuneration which may be obtained by the assistant under Article
. If the assistant has been negligent and has not been able to prevent or limit damage to the environment, he may be deprived of all or part of any special compensation payable under this section.
6. Nothing in this Article shall affect the rights of the owner of the vessel.
Article 15
Distribution between wizards
1. The distribution between assistants of a pay referred to in Article 13 shall be made on the basis of the criteria laid down in that Article.
2. The distribution between the owner, the master and the other persons employed by each assistant ship shall be Determined by the legislation of the ship's flag. If assistance has not been provided from a ship, the distribution is in accordance with the law governing the contract between the assistant and its servants.
Article 16
Rescue of persons
1. No remuneration shall be payable by persons whose lives have been saved, but none of the provisions of this Article shall affect the provisions of the national legislation in this field.
2. The saving of human lives Services rendered on the occasion of the accident which gave rise to the assistance operations shall be entitled to a fair share of the payment allocated to the assistant for saving the ship or other assets or for having prevented or limited damage to The environment.
Article 17
Services rendered under existing contracts
No payment is due under the provisions of this Agreement unless the services rendered exceed What can reasonably be regarded as the normal execution of a contract concluded before the danger occurs.
Article 18
Consequences of the wizard's fault
A wizard can be Deprived of all or part of the payment due under this Convention to the extent that the assistance operations have been rendered necessary or more difficult by its fault or negligence, or if it has been guilty of fraud or Dishonesty.
Article 19
Defense to perform support operations
Services rendered despite the express and reasonable defence of the owner or master of the ship or owner Any other hazard which is not and has not been on board the ship shall not qualify for payment under this Convention
Article 20
Maritime Privilege
1. Nothing in this Convention shall affect the maritime privilege of the assistant resulting from an international convention or national law.
2. The assistant shall not assert his maritime privilege when adequate security has been duly provided or provided for the amount of his claim, interest and expenses.
Article 21
Obligation to provide a Warranty
1. At the request of the assistant, the person liable for payment under this Convention shall provide sufficient security for the claim of the assistant, including interest and expenses.
2. Without prejudice to the provisions of paragraph 1, The owner of the rescued vessel is doing its best to obtain the owners of the cargo, before it is released, sufficient security for the claims against them, including interest and costs.
3. The ship and the other assets saved shall not, without the consent of the assistant, be removed from the first port or place where they arrived after the completion of the assistance operations, until such time as a sufficient guarantee has been provided to the Title of the assistant's claim on the ship or goods concerned.
Item 22
Interim Payment
1. The court competent to rule on the claim of the assistant may, by way of a preliminary determination, order that the assistant receive a fair and just payment with detailed terms and conditions, including a guarantee where appropriate, that is fair and just Depending on the circumstances of the case.
2. In the case of an interim payment under this section, the guarantee provided for in section 21 is reduced proportionally.
Section 23
Stock requirements
1. Any action for payment under this Convention shall be prescribed if a judicial or arbitral proceedings have not been instituted within two years. The short limitation period on the day the assistance operations have been completed.
2. The person against whom a claim has been made may, at any time, during the limitation period, extend the limitation period by a statement to the Creditor. The delay can, in the same way, be extended again.
3. An action may be instituted after the expiration of the limitation period provided for in the preceding paragraphs, if it is brought within the time limit laid down by the law of the State in which the procedure is initiated.
Article 24
Interest
The right of the assistant to interest on any payment due under this Convention shall be determined by the law of the State in which the court seised of the dispute is based.
Article 25
State-owned Cargaisons
Unless the owning State consents, no provision of this Convention may be invoked to seize, arrest or hold any of the Non-commercial cargo belonging to a State and entitled, in the course of assistance operations, to sovereign immunity by virtue of generally accepted principles of international law, or to take action against those Cargo.
Article 26
Humanitarian Cargings
Nothing in this Convention can be invoked to seize, arrest or hold humanitarian shipments provided by a State, If that State has agreed to remunerate the services rendered to such cargoes.
Article 27
Publication of arbitral awards
States Parties shall encourage, to the extent possible, and With the consent of the parties, the publication of arbitration awards in the field of assistance
Article 28
Signature, ratification, acceptance,
approval and membership
1. This Convention shall be open for signature at the headquarters of the Organization from 1 July 1989 to 30 June 1990.
2. States may express their consent to be bound by this Convention by:
(a) Signature without reservation as to ratification, acceptance or approval; or
(b) Signature under Reservation of ratification, acceptance or approval followed by ratification, acceptance or approval; or
c) Accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument with the Secretary-General.
Article 29
Entry into force
1. This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.
2. For a State which expresses its consent to be bound by this Convention after the conditions This consent takes effect one year after the date on which it was expressed.
Article 30
Reserves
1. Any State may, at the time of signature, ratification, application, approval or accession, reserve the right not to apply the provisions of this Convention:
(a) Where assistance operations take place In inland waters and all ships in issue are inland waterway vessels;
(b) Where assistance operations take place in inland waters and no ships are involved;
(c) Where all parties Interested persons are nationals of that State;
d) When it is a cultural maritime property of prehistoric, archaeological or historical interest and is at the bottom of the sea.
2. A reservation made at the time of signature must be Be confirmed upon ratification, acceptance or approval.
3. Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. This withdrawal shall take effect on the date on which the notification is received. If it is indicated in the notification that the withdrawal of a reservation will take effect on a date specified therein and that date is later than the date of receipt of the notification by the Secretary-General, the withdrawal shall take effect on the date Specified.
Article 31
Denunciation
1. This Convention may be denounced by any State Party at any time after the expiration of a period of one year from the date on which this Convention enters into force with respect to that State.
2. Denunciation Is carried out by means of the deposit of an instrument of denunciation with the Secretary-
. Denunciation shall take effect one year after the date on which the Secretary-General has received the instrument of denunciation or the expiration of any longer period laid down in that instrument.
Article 32
Revision and Amendment
1. A conference may be convened by the Organization with a view to revising or amending this Convention.
2. The Secretary-General shall convene a conference of the States Parties to this Convention to revise or amend the Convention, to the Request of eight States Parties or a quarter of the States Parties, if the latter number is higher.
3. Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.
Article 33
Depositary
1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General:
(a) Inform all States that have signed or acceded to this Convention and all members of the Organization:
(i) From all New signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as their date;
(ii) From the date of entry into force of this Convention;
(iii) From the deposit of all Instrument of denunciation of this Convention, as well as the date on which it was received and the date on which the denunciation takes effect;
(iv) Any amendment adopted in accordance with Article 32;
(v) From the receipt of Any reservation, declaration or notification made under this Convention;
(b) Transmit certified copies of this Convention to all States that have signed or acceded to it.
3. Upon entry into force of this Convention, a certified copy shall be transmitted by the Depositary to the Secretary-General of the United Nations to be registered and published in accordance with Article 102 of the Charter of the United Nations. United Nations.
Article 34
Languages
This Convention shall be established in a single original in Arabic, Chinese, English, French, Russian and Spanish languages, each text being
In witness whereof, the undersigned, being duly authorized to that effect by their respective governments, have signed this Convention.
Done at London, April 28, 1989.
RESERVES OF
GOVERNMENT OF THE FRENCH REPUBLIC
" In ratifying the International Convention on Assistance at Sea, made in London on 28 April 1989, the Government of the French Republic reserves the right, in accordance with Article 30 (1 a) and (b) of the Convention, not to apply its Provisions where assistance operations take place in inland waters and all the vessels in question are inland waterway vessels and when assistance operations take place in inland waters and no ship In
with Article 30 (1) d of the Convention, the French Government also reserves the right not to apply the provisions of the Convention when a cultural maritime property is involved. Prehistoric, archaeological or historical interest that lies at the bottom of the sea.
Done at Paris, 23 April 2002.
Jacques Chirac
By the President of the Republic:
Le Prime Minister,
Lionel Jospin
Foreign Minister,
Hubert Vedrine
