Of The Convention On Limitation Of Liability For Maritime Claims Protocol

Original Language Title: Par Konvencijas par atbildības ierobežošanu attiecībā uz jūras prasībām protokolu

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The Saeima has adopted and the President promulgated the following laws: The Convention on limitation of liability for maritime claims in article 1 of the Protocol. 19 November 1976 Convention on limitation of liability for maritime claims of 2 May 1996 Protocol (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of transportation. 3. article. This Protocol shall enter into force on its article 11 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Protocol in English, and its translation into Latvian language. The law adopted by the Parliament in the March 8, 2007. State v. President Vaira Vīķe-Freiberga in Riga on 27 March 2007 in the Protocol of 1996 to amend the Convention on Limitations of Liability for maritime claims, 1976 (London, 2 May 1996) the parties TO the present PROTOCOL, CONSIDERING that it is to amend the Convention desirabl on Limitations of Liability for maritime claims, London one done at 19 November 1976, to provide for enhanced compensation and to establish a simplified procedure for updating the limitations for non , Have AGREED as follows: article 1 For the purpose of this Protocol: 1. "Convention" means the Convention on Limitations of Liability for maritime claims, 1976 2. "Organization" means the International Maritime Organization. 3. "Secretary-General" means the Secretary-General of the Organization. Article 2 article 3, subparagraph (a) of the Convention is replaced by the following text: (a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the International Convention on Salvage 1989, as amended, or contribution in general average; Article 3 article 6, paragraph 1 of the Convention is replaced by the following text: 1. The limits of liability for claims other than those mentioned in article 7, arising on any distinct occasion, shall be calculated as follows: (a) in respect of claims for loss of life or personal injury, (i) 2 million units of account for a ship with a tonnage not exceeding 2.000 tons (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2.001 to 30.000 ton, 800 units of account; for each ton from 30.001 to 70.000 tons, 600 units of account; and for each ton in excess of 70.000 tons, 400 units of account, (b) in respect of any other claims, (i) 1 million units of account for a ship with a tonnage not exceeding 2.000 ton, (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2.001 to 30.000 tons , 400 units of account; for each ton from 30.001 to 70.000 tons, 300 units of account; and for each ton in excess of 70.000 tons, 200 units of account. Article 4 Article 7, paragraph 1 of the Convention is replaced by the following text: 1. In respect of claims arising on any distinct occasion for loss of life or personal injury to the passenger of a ship, the limit of liability of the shipowner thereof shall be an amount of 175.000 units of account multiplied by the number of passenger for which the ship is authorized to carry according to the ship's certificate. Article 5 article 8, paragraph 2 of the Convention is replaced by the following text: 2. vertheles, those States which are not members of the International Monetary Fund and whose law does not permit the application of the provision of paragraph 1 may, at the time of signature without reservation as to ratification, acceptance or approval or at the time of ratification acceptance, approval or accession, or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in their territories shall be fixed as follows: (a) in respect of article 6, paragraph 1 (a), at an amount of (i) 30 million monetary units for a ship with a tonnage not exceeding 2.000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2.001 to 30.000 tons, 12.000 monetary units; for each ton from 30.001 to 70.000 ton, 9.000 monetary units; and for each ton in excess of 70.000 tons, 6.000 monetary units; and (b) in respect of article 6, paragraph 1 (b), at an amount of: (i) 15 million monetary units for a ship with a tonnage not exceeding 2.000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2.001 to 30.000 tons, 6.000 monetary units; for each ton from 30.001 to 70.000 tons, 4.500 monetary units; and for each ton in excess of 70.000 tons, 3.000 monetary units; and (c) in respect of article 7, paragraph 1, at an amount of 2,625,000 monetary units multiplied by the number of passenger for which the ship is authorized to carry according to its certificate. Paragraphs 2 and 3 of article 6 apply correspondingly to subparagraph (a) and (b) of this paragraph. Article 6 the following text is added as paragraph 3b was in the article 15 of the Convention: 3 bis Notwithstanding the limit of liability prescribed in paragraph 1 of article 7, a State Party may regulat by specific provision of national law the system of liability to be applied to claims for loss of life or personal injury to the passenger of a ship , provided that the limit of liability is not lower than that prescribed in paragraph 1 of article 7 A State Party which makes use of the option provided for in this paragraph shall notify the Secretary-General of the limits of liability adopted or of the fact that there are none. Article 7, article 18, paragraph 1 of the Convention is replaced by the following text: 1. Any State may, at the time of signature, ratification, acceptance, approval or accession, or at any time thereafter, reserve the right to: (a) to exclude the application of article 2, paragraph 1 (d) and (e); (b) to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for damage in Connection with the carriage of hazardous substances by Sea of the Noxio Andean, 1996 or any amendment or protocol of theret. Other reservations shall be admissibl to the substantive provision of the this Convention. Article 8 amendment of limits 1. Upon the request of at least one half, but in the case of less than six, of the States parties to this Protocol, any proposal to amend the limit specified in the article 6, paragraph 1, article 7, paragraph 1 and article 8, paragraph 2 of the Convention as amended by this Protocol shall be circulated by the Secretary-General to all members of the Organization and to all Contracting States. 2. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization (the Legal Committee) for considerations at a date at least six months after the date of its circulation. 3. All Contracting States to the Convention as amended by this Protocol, whethers or not members of the Organization, shall be entitled to participat in the proceedings of the Legal Committee for the adoption of amendments and considerations. 4. Amendments shall be adopted by a two-thirds majority a of the Contracting States to the Convention as amended by this Protocol present and voting in the Legal Committee expanded as provided for in paragraph 3, on condition that at least one half of the Contracting States to the Convention as amended by this Protocol shall be present at the time of voting. 5. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and, in particular, the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. 6. (a) the amendment of the limits under this article may be considered less than five years from the date on which this Protocol was opened for signature nor less than five years from the date of entry into force of a previous amendment under this article. (b) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the Convention as amended by this Protocol increased by six percent per year calculated on a compound basis from the date on which this Protocol was opened for signature. (c) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the Convention as amended by this Protocol multiplied by three. 7. Any amendment adopted in accordanc with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period of not less than one-fourth of the States that were Contracting States at the time of the adoption of the amendment have communicated to the Secretary-General that they do not accept the amendment, in which case the amendment is rejected for an and shall have no effect. 8. An amendment deemed to have been accepted in accordanc with paragraph 7 shall enter into force eighteen months after its acceptance. 9. All Contracting States shall be bound by the amendment, unless they denounc in this Protocol in accordanc with paragraphs 1 and 2 of article 12 at least six months before the amendment to enter into force. Such denunciation shall take effect when the amendment to enter into force. 10. When an amendment has been adopted but the eighteen-month period for its acceptance has not yet expired, a State which become a Contracting State during that period shall be bound by the amendment if it enter into force. (A) the State which become a Contracting State after that period shall be bound by an amendment which has been accepted in accordanc with paragraph 7. In the cases referred to in this paragraph, a State become the bound by an amendment when that amendment enter into force, or when this Protocol enter into force for that State, if later. Article 9 1. The Convention and this Protocol shall, as between the parties to this Protocol, be read and interpreted together as one single instrument. 2. A State which is Party to this Protocol but not a Party to the Convention shall be bound by the provision of the Convention as amended by this Protocol in relations to other States parties of the heret, but shall not be bound by the provision of the Convention in relations to States parties only to the Convention. 3. The Convention as amended by this Protocol shall apply only to claims arising out of the occurrence which take place after the entry into force for each State of this Protocol. 4. Nothing in this Protocol shall be affec the obligation of a State which is a Party both to the Convention and to this Protocol with respect to a State which is a Party to the Convention but not a Party to this Protocol.
The FINAL article of the COMMISSION 10 signature, ratification, acceptance, approval and accession Protocol shall be l. This open for signature at the headquarters of the Organization from 1 October 1996 to 30 September 1997 by all States. 2. Any State may express its consent to be bound by this Protocol by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to 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 to that effect with the Secretary-General. 4. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment. Article 11 Entry into force this Protocol shall enter 1 into force ninety days following the date on which ten States have expressed their consent to be bound by it For 2 any State which has the express consent of it to be bound by this Protocol after the conditions in paragraph 1 for entry into force have been met, this Protocol shall enter into force ninety days following the date of expression of such consent. Article 12 Denunciation 1 this Protocol may be denounced by any State Party at any time after the date on which it will enter into force for that State Party. 2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General. 3. A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General. 4. As between the States parties to this Protocol, denunciation by any of them of the Convention in accordanc with article 19 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol. Article 13 Revision and Amendment 1 A Conference for the purpose of revising or amending this Protocol may be convened by the Organization. 2. The Organization shall a conven Conference of Contracting States to this Protocol for revising or amending it at the request of not less than one-third of the Contracting States. Article 14 Depositary 1 this Protocol and any amendments adopted under article 8 of the shall be deposited with the Secretary General. 2. The Secretary-General shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument together with the date thereof; (ii) each declaration and communication under article 8, paragraph 2 of the Convention as amended by this Protocol, and article 8, paragraph 4 of the Convention; (iii) the date of entry into force of this Protocol; (iv) any proposal to amend the limit which has been made in accordanc with article 8, paragraph 1; (v) any amendment which has been adopted in accordanc with article 8, paragraph 4; (vi) any amendment deemed to have been accepted under article 8, paragraph 7, together with the date on which that amendment shall enter into force in accordanc with paragraphs 8 and 9 of that article; (VII) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (b) transmit certified true cop out of this Protocol to all Signatory States and to all States which accede to this Protocol. 3. As soon as this Protocol enter into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 15 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Done at London this second day of May one thousand nine hundred and ninety-six. In WITNESS WHEREOF the undersigned, being duly authorized by their Governments to the respectiv for that purpose, have signed this Protocol.

the 1976 Convention on limitation of liability for maritime claims Protocol, 1996 (London, 2 May 1996), the Member States of the present Protocol, considering that it is desirable to amend 19 November 1976 Convention on limitation of liability for maritime claims, to increase compensation and establish a simplified procedure for the recovery of the amount of restrictions, have agreed to: 1. the article in this Protocol: 1. With the Convention understood "the 1976 Convention on limitation of liability for maritime claims". 2. "organization" means the International Maritime Organization. 3. "Secretary-General" means the Secretary-General of the organisation. Article 2 of the Convention article 3 (a) is replaced by the following: (a) rescue requirements, including requirements, if any, for special compensation pursuant to the amended 1989 International Rescue or article 14 of the Convention, contributions on General crash; 3. Article 6 of the Convention, article 1, part a is replaced by the following: 1. the limit of Liability in article 7 requirements, not caused by a single event, the invoice as follows: (a) claims for loss of life or injury obtained (i) 2 million units of account in the vessel tonnage does not exceed 2 000 tonnes, (ii) a vessel with greater capacity, referred to in point (i) the amount added: for each ton from 2 001 to 30 000 tonnes , 800 units of account; for each ton from 30 001 to 70 000 tonnes, 600 units of account; and for each ton in excess of 70,000 tons, 400 units of account, (b) for any other requirements: (i) 1 million settlement unit vessel tonnage does not exceed 2 000 tonnes, (ii) the vessel, with a capacity exceeding it, (i) the sum referred to in paragraph add: for each ton from 2 001 to 30 000 tonnes, 400 units of account; for each ton from 30 001 to 70 000 tonnes, 300 units of account; and for each ton in excess of 70,000 tons, 200 units of account. Article 4 of the Convention, article 7 of part 1 is replaced by the following: 1. In respect of each individual claim on the ship's passenger loss of life or injury, acquired the ship owner's liability to the amount equivalent to drawing up a 175 000 units of account multiplied by the number of passengers that the ship is the right to carry under the certificate. Article 5 of the Convention, article 8 of part 2 is replaced by the following: 2. Nevertheless, States that are not members of the International Monetary Fund and whose law does not permit the application of the provisions of part 1 can signing time, without condition or ratify, accept or approve, of the instrument of ratification, acceptance, approval or accession, or at any time thereafter, declare that the limits of liability provided for in the Convention, which they apply in their territories , invoice as follows: (a) as regards article 6 (1) (a) shall: (i) the amount is 30 million monetary units for the vessel tonnage does not exceed 2 000 tonnes; (ii) the vessel, with a capacity exceeding it, (i) the sum referred to in paragraph add: for each ton from 2 001 to 30 000 tonnes, 12 000 units of account; for each ton from 30 001 to 70 000 tonnes, 9 000 units of account; and for each ton in excess of 70,000 tons, 6 000 units of account; and (b) as regards article 6 (1) (b) the amount is: (i) 15 million monetary units for the vessel tonnage does not exceed 2 000 tonnes; (ii) the vessel, with a capacity to exceed (i) the sum referred to in paragraph add: for each ton from 2 001 to 30 000 tonnes, 6 000 units of account; for each ton from 30 001 to 70 000 tonnes, 4 500 units of account; and for each ton in excess of 70,000 tons, 3 000 monetary units; and (c) as regards article 7 of part 1, the amount is 2 625 000 units of account multiplied by the number of passengers that the ship is the right to carry under the certificate. Article 6 2 and 3 of part a shall apply under this part (a) and (b). 6. Article 15 of the Convention. Article 3 bis has been added. part with the following text: 3 bis. Without taking into account article 7 of part 1 of the limits of liability set out in the national law of the Member State may regulate the responsibility system of requirements for ship passenger loss of life or injuries acquired, provided that the limit of liability of not less than 7 part 1 of article. The Member State making use of the option provided for in this paragraph, shall notify the Secretary-General about the boundaries of liability adopted or of the fact that there are none. Article 7 of the Convention, article 18, part 1 is replaced by the following: 1. Each country signing the instrument of ratification, acceptance, approval or at the time of accession or at any time thereafter, may provide the right to: (a) to exclude article 2 part 1 (d) and (e) the bottom of the application; (b) to exclude claims for liability in the 1996 International Convention on liability and compensation for damage in connection with the hazardous and noxious substances by sea or any amendment or Protocol. Other reservations to the provisions of this Convention. Article 8 amendments, the maximum amount of at least 1 hand, but no less than six of the request of the Member States of this Protocol, any proposals to amend the Convention, as amended by this Protocol, part 1 of article 6, article 7(1) and article 8 (2) the amounts set out in part the Secretary-General circulated to all members and to the Member States. 2. In the above order and distribute proposed amendments shall be submitted to the legal Committee of the Organization (the legal Committee) for at least six months after it distributed. 3. All of the Convention as amended by this Protocol, the Member States, they had no organization or members have the right to participate in the proceedings of the legal Committee for the consideration of and adoption of amendments. 4. Amendments shall be adopted by the Convention, as amended by this Protocol, Member States of the two-thirds majority, participating and voting in the legal Committee, extended according to specified in part 3, on condition that at least half of the Convention as amended by this Protocol, Member States shall participate in the vote. 5. When acting on a proposal to amend the limits of liability, the legal Committee shall take into account the practice of the accident and, in particular, the amount of damage incurred, changes in currency exchange rates and the impact of the proposed amendment on the cost of insurance. 6. (a) no amendment of the limits of liability under this article shall not be considered less than five years from the date on which this Protocol was opened for signature nor less than five years from the date of entry into force of a previous amendment under this article. (b) the liability limit may not be increased beyond the Convention, as amended by this Protocol, the set of six percent annual rate, calculated by summing the interest from the date on which this Protocol was opened for signature. (c) the liability limit may not be increased above the amount corresponding to the Convention as amended by this Protocol, the stated liability limit, multiplied by three. 7. the organisation shall report to the Member States of any amendment adopted in accordance with part 4. The amendment shall be deemed to have been accepted at the end of eighteen months from the date of notification, unless within that period not less than one quarter of the States that were States at the time of adoption of the amendment, have not notified the Secretary-General that they do not accept the amendment, in which case the amendment is rejected and shall have no effect. Amendment 8, which is regarded as accepted under Part 7 shall enter into force eighteen months after its acceptance. 9. the amendment shall be binding on all Member States unless they denounced this Protocol pursuant to article 12 part 1 and 2 at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force. 10. When an amendment has been accepted but before it has passed its acceptance for eighteen months, a State which becomes a member during this period, the amendment is binding if it enters into force. A State which becomes a member after this period, the amendment is binding when it has been accepted in accordance with part 7. With regard to the cases mentioned in this paragraph, the State is bound by an amendment when that amendment enters into force or this Protocol shall enter into force in the Member State where the latter takes place later. Article 9 this Protocol Member States 1 Convention and Protocol and translates as one document. 2. A State which is a Member State of this Protocol, but not party to the Convention, is bound by the Convention as amended by this Protocol, the provisions relating to the other Member States, but is not bound by the provisions of the Convention in relation to States that are parties to the Convention only. 3. the Convention as amended by this Protocol, the requirements apply only if the incident occurs after the date of entry into force of the present Protocol. 4. Nothing in this Protocol shall prejudice any country that is both a member of the Convention and the Protocol, concerning State Convention, but is not a Member State of this Protocol.   Final provisions article 10 signature, ratification, acceptance, approval and accession 1. Protocol open for signature to all States the headquarters of the organisation from 1 October 1996 to 30 September 1997. 2. States may express their consent to be bound by this Protocol by: (a) signature without conditional ratification, acceptance or approval; or (b) signature subject to ratify, accept, or approval, followed by ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession shall be effected by depositing with the Secretary General of relevant documents. 4. The instrument of ratification, acceptance, approval or accession deposited after the Convention, as amended by this Protocol, the entry into force of the amendments shall be applicable accordingly amended by Convention as amended. Article 11 entry into force 1 this Protocol shall enter into force ninety days after the date on which 10 States have expressed their consent to be bound to the Convention. 2. A State expressed its consent to carry out Protocol after met conditions of part 1 for entry into force, this Protocol shall enter into force ninety days after the date of expression of such consent. Article 12 denunciation 1 this Protocol may Member States be denounced at any time after the date of its entry into force in the country concerned. 2. The denunciation takes effect with the denunciation of the document to the Secretary-General. 3. The denunciation shall take effect twelve months or the period of time stated in the document, after the denunciation thereof the Secretary-General. 4. this Protocol Member States denouncing the Convention in accordance with its article 19, it shall in no way be interpreted as a Convention, as amended by this Protocol, the denunciation. Article 13 review and amend 1. Organisation may convene a Conference to review or amend the Protocol. 2. the Organization shall convene a Conference of the Member States of the Protocol to review or amend it, after not less than one third of the Member States of the request. 14. Article 1 of this Protocol, Deposit and any amendments adopted under article 8, submitted to the Secretary-General. 2. the Secretary-General shall: (a) inform all States which have signed this Protocol or acceded thereto of: (i) each new signature or deposit of documents with the relevant date; (ii) any notification and exchange of information in accordance with the provisions of the Convention, as amended by the present Protocol, part 2, article 8 and article 8 of the Convention, part 4; (iii) the date of entry into force of the Protocol; (iv) any proposal to amend the limits of liability, made under part 1 of article 8; (v) any amendment adopted in accordance with article 8; (vi) any amendment deemed to be accepted, in accordance with part 7 of article 8, together with the date on which the amendment enters into force in accordance with article 8 and 9 share. (VII) any denunciation of this Protocol of each deposit and the date when it is received and the date on which it enters into force. (b) send certified copies of this Protocol to all States that signed it, and to all States which accede to this Protocol. 3. As soon as this Protocol enters into force, the Secretary-General transmitted the text of the United Nations Secretariat for registration and publication in accordance with the United Nations Charter article 102. Article 15 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. In London, the year one thousand nine hundred and ninety-second of May. In witness whereof, the Government duly authorised thereto, have signed this Protocol.


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