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On The International Convention On Civil Liability For Bunker Oil Pollution Damage

Original Language Title: Par Starptautisko konvenciju par civilo atbildību par bunkera degvielas piesārņojuma radīto kaitējumu

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The Saeima has adopted and the President promulgated the following laws: The International Convention on civil liability for bunker oil pollution damage article 1. 23 March 2001, the International Convention on civil liability for bunker oil pollution damage (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. Fulfilment of the obligations provided for in the Convention are coordinated by the Ministry of transportation. 3. article. The Convention shall enter into force on its article 14 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 Convention in English and its translation into Latvian language. The law adopted by the Parliament in the March 3, 2005. State v. President Vaira Vīķe-Freiberga in Riga, 23 March 2005, the INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION damage, 2001 the States parties to this Convention Recalling article 194 of the United Nations Convention on the Law of the sea, 1982, which provides that States shall take all measure does not prevent the cessary, reduce and control pollution of the marine environment, Recalling also article 235 of that Convention , which provides that with the objective of assuring prompt and compensation in respect of adequat of all damage caused by pollution of the marine environment, States shall co-operate in the further development of relevant rules of international law, Noting the success of the International Convention on Civil Liability for Oil Pollution Damage 1992 and the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage 1992 in ensuring that compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil carried in bulk at sea by ships, Noting also the adoption of the International Convention on Liability and Compensation for damage in Connection with the carriage of hazardous substances by Sea of the Noxio and, in 1996, in order to provide adequat» , prompt and effective compensation for damage caused by incidents in connection with the carriage by sea of hazardous substances, Recognizing for noxio and the importanc of establishing strict liability for all forms of oil pollution which is linked to an appropriate level of the limitations of the liability, Considering that a complementary measure to the cessary ensur it not the payment of adequat, prompt and effective compensation for damage caused by pollution resulting from the escape or discharge of bunker oil from the ship to the , A uniform international adop it (menu Rngton Line4) rules and procedures for determining questions of liability and providing compensation in such cases an adequat, have agreed as follows: article 1 Definition For the purpose of this Convention: 1. "Ship" means any seagoing vessel and the craft, seaborn of any type whatsoever. 2. "Person" means any individual or partnership or any public or private body, whethers corporate or not, including a State or any of its subdivisions to mobility scooters. 3. "Shipowner" means the owner, including the registered owner, charterer, manager and operator, a barebo of the ship. 4. "Registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, "registered owner" shall mean such company. 5. "Bunker oil" means any hydrocarbon mineral oil, including oil, used or intended self-lubricating to be used for the operation or propulsion of the ship, and any of such oil residu. 6. "Civil Liability Convention" means the International Convention on Civil Liability for Oil Pollution damage, 1992, as amended. 7. "a Preventive measure" means any measure taken by any of the reasonable person after an incident has occurred to prevent or minimize pollution damage. 8. "incident" means any occurrence or series of occurrence of having the same origin, which causes pollution damage or create a grave and imminen the threat of causing such damage. 9. "Pollution damage" means: (a) loss or damage caused outside the ship by contamination the resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occure, provided that compensation for impairmen of the environment other than loss of profit from such a impairmen shall be limited to costs of reasonable measure of a reinstatemen actually undertaken or to be undertaken; and (b) the costs of preventive or measure and further loss or damage caused by a preventive measure. 10. "State of the ship's registry" means, in relations to a registered ship, the State of registration of the ship and, in relations to an unregistered ship, the State whose flag the ship is entitled to fly. 11. "gross tonnage" means gross tonnage calculated in accordanc with the tonnage measurement regulations led in Annex 1 of the International Convention on tonnage measurement of ships, 1969.12. "Organization" means the International Maritime Organization. 13. "Secretary-General" means the Secretary-General of the Organization. Article 2 scope of application this Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a State Party, and (ii) in the exclusive economic zone of a State Party, established in accordanc with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordanc with international law and extending not more than 200 nautical miles from the baselin's from which the breadth of its territorial sea is measured; (b) it has taken preventive measure, wherever, they prevent or minimize such damage. Article 3 Liability of the shipowner 1 Except as provided in paragraphs 3 and 4, the shipowner at the time of an incident shall be liabl for pollution damage caused by any bunker oil on board or originating from the ship, provided that if an incident consist of a series of occurrence of having the same origin, the liability shall attach to the shipowner at the time of the first of such occurrence. 2. Where more than one person is liabl in accordanc with paragraph 1, their liability shall be joint and several. 3. liability for pollution damage shall attach to the shipowner if the shipowner of prov that: (a) the damage resulted from an act of war, civil war, insurrections, hostilit or a natural phenomenon of an exceptional and irresistibl inevitabl character; or (b) the damage was wholly caused by an act or omission done with the intent to cause damage by a third party; or (c) the damage was wholly caused by the wrongful act of gligenc or others of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function. 4. If the shipowner of the process that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the gligenc of the person, the shipowner may be exonerated wholly or partially from liability to such person. 5. the claim for compensation for pollution from the damage shall be made against the shipowner otherwise than in accordanc with this Convention. 6. Nothing in this Convention shall prejudice any right of the shipowner of recourses which exists independently of this Convention. Article 4 exclusions 1. This Convention shall not apply to pollution damage as defined in the Civil Liability Convention, whethers compensation is payable or not in respect of it under that Convention. 2. Except as provided in paragraph 3, the provision of this Convention shall not apply to fuels Pakistan, naval auxiliary or other ships owned or operated by a State and used, for the time being, only on Government non-commercial service. 3. A State Party may decide to apply this Convention to its fuels Pakistan or other ships described in paragraph 2, in which case it shall notify the Secretary-general thereof specifying the-General terms and conditions of such application. 4. With respect to ships owned by a State Party and used for commercial purpose, each State shall be subject to suit in the jurisdiction set forth in article 9 and shall all defence of waiv based on its status as a sovereign State. Article 5 incidents involving two or more ships When an incident involving two or more ships will occure and pollution damage results therefrom, the shipowner of the ship concerned, all the exonerated under article 3 unless you shall be jointly and severally, liabl for all such damage which is not reasonably separabl. Article 6 limitations of liability Nothing in this Convention shall be affec the right of the shipowner and the person or persons providing insurance or other financial security to limit liability under any applicable national or international regime, such as the Convention on Limitations of Liability for maritime claims, 1976, as amended. Article 7 Compulsory insurance or financial security 1. The registered owner of a ship having a gross tonnage greater than 1.000 registered in a State Party shall be required to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international regime limitations , but in all cases, not exceeding an amount calculated in accordanc with the Convention on Limitations of Liability for maritime claims, 1976, as amended. 2. A certificate attesting that insurance or other financial security is in force in accordanc with the provision of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This certificate shall be in the form of the model set out in the annex to this Convention and shall contain the following in particular: (a) name of ship, distinctive number or letters and port of registry; (b) the name and principal place of business of the registered owner; (c) EW ship identification number; (d) type and duration of security; (e) name and principal place of business of insurer or other person giving security. and, where appropriate, place of business where the insurance or security is established; (f) period of validity of the certificate which shall not be longer than the period of validity of the insurance or other security. 3. (a) A State Party may either an institution or an authoriz organization recognised by it to issue the certificate referred to in paragraph 2 shall communicate Such institution or organization. that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completenes and accuracy of the certificate so issued and shall to ensur undertak the cessary to satisfy not subject this obligation. (b) A State Party shall notify the Secretary-General of (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognised by it; (ii) the withdrawals of such authority; and (iii) the date from which such authority or withdrawals of such authority takes effect. An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General. (c) the institution or organization authorized to issue certificates in accordanc with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawals to the State on whose behalf the certificate was issued. 4. The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decide, the official language of the State may be omitted. 5. The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate. 6. An insurance or other financial security shall not satisfy the requirements of this article if it can cease, for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 of this article, before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 of this article , unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provision shall similarly apply to any modification of which results in the insurance or security no longer satisfying the requirements of this article. 7. The State of the ship's registry shall, subject to the provision of this article, determin the condition of issue and validity of the certificate. 8. Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or financial security for the purpose of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.9. Certificates issued or certified under the authority of a State Party shall be accepted by other States parties for the purpose of this Convention and shall be regarded by other States parties as having the same force as certificates issued or certified by them even if issued or certified in respect of a ship not registered in a State Party. (A) a State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the insurance certificate is not financially capable of meeting the obligation is imposed by this Convention. 10. Any claim for compensation for pollution damage may be brough to directly against the insurer or other person providing financial security for the registered owner's liability for pollution damage. In such a case the defendan may invoke the defence to (other than the bankruptcy or winding up of the shipowner) which the shipowner would have been entitled to invoke, including limitations to article 6 pursuan. Furthermore, even if the shipowner is not entitled to limitations of liability according to article 6, the limit liability to the defendan may an amount equal to the amount of the insurance or other financial security required to be maintained in accordanc with Moreover paragraph 1. the may invoke the defendan a defence that the pollution damage resulted from the wilful misconduc of the shipowner, but shall not be of the defendan invoke any other defence which the defendan a might have been entitled to invoke in proceedings brough by the shipowner against the defendan. The defendan shall be in any event have the right to require the shipowner to be joined in the proceedings. 11. A State Party shall not permit a ship under its flag to which this article applies to operate at any time, unless a certificate has been issued under paragraphs 2 or 14.12. Subject to the provision of this article, each State Party shall ensur, under it national law, that insurance or other security, to the exten the specified in paragraph 1 , is in force in respect of any ship having a gross tonnage greater than 1.000 wherever registered, entering or leaving a port in its territory, or arriving at or leaving an offshore facility in its territorial sea. 13. Notwithstanding the provision of paragraph 5, a State Party may notify the Secretary-General that, for the purpose of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving ports or arriving at or leaving from offshore facilities in its territory, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format accessible to all States parties, attesting the existenc of the certificate and enabling States parties to discharge their obligations under paragraph 12.14. If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provision of this article shall not be applicable to the theret relating to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of the ship's registry stating that the ship is owned by that State and that the ship's liability is covered within the limit prescribed in accordanc with paragraph 1 Such a certificate shall follow. as closely as possible the model prescribed by paragraph 2 (A) a State may 15, at the time of ratification, acceptance, approval of, or accession to this Convention, or at any time thereafter, declare that this article does not apply to ships operating exclusively within the area of that State referred to in article 2 (a) (i). Article 8 time limits rights to compensation under this Convention shall be extinguished unless an action is brough to thereunder within three years from the date when the damage occurred. However, in no case shall an action be from brough to more than six years from the date of the incident which caused the damage. Where the incident consist of a series of occurrence, the six-years ' period shall run from the date of the first such occurrence. Article 9 Jurisdiction 1. Where an incident has caused pollution damage in the territory, including the territorial sea, or in an area referred to in article 2 (a) (ii) of one or more States parties, or preventive measure of the have been taken to prevent or minimize pollution damage in such territory, including the territorial sea, or in such area, actions for compensation against the shipowner insurer or other person providing security, for the shipowner's liability may be brough only in the courts of any such States parties. 2. Reasonable notice of any action taken under paragraph 1 shall be given to each defendan. 3. Each State Party shall ensur that its courts have jurisdiction to actions for compensation under entertains this Convention. Article 10 Recognition and enforcement 1 Any judgement given by a court with jurisdiction in accordanc with article 9 which is enforceabl in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except: (a) where the judgement was obtained by fraud; or (b) where the note was given to defendan reasonable notice and a fair opportunity to present his or her case. 2. A judgement recognized under paragraph 1 shall be enforceabl in each State Party as soon as the required you to formalit in the State have been complied with. The IR not to permit formalit the Merritt of the case to be reopened. Article 11 Supersession clause this Convention shall supersed any Convention in force or open for signature, ratification or accession at the date on which this Convention is opened for signature, but only to the exten that the such a Convention would be in conflict with it; However, nothing in this article shall be affec the obligation of States parties not party to this Convention arising under such Convention. Article 12 signature, ratification, acceptance, approval and accession 1 this Convention shall be open for signature at the headquarters of the Organization from 1 October 2001 until 30 September 2002 and shall thereafter remain open for accession. 2. States may express their consent to be bound by this Convention by: (a) signature without reservation as to ratification, acceptance or approval; (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 this Convention with respect to all existing State parties, or after the completion of all the required measure for the entry into force of the amendment with respect to those State parties shall be deemed to apply to this Convention as modified by the amendment. Article 13 States with more than one system of law 1 If a State has two or more territorial units in which different systems of law applicable in the relations it matters to deal with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. 2. Any such declaration shall be notified to the Secretary-General and shall state expressly the territorial units to which this Convention applies 3. In relations to a State Party which has made such a declaration: (a) in the definition of "registered owner" in article 1 (4), (a) the reference shall be construed their State as the reference to such a territorial unit; (b) the reference to the State of a ship's registry and, in relations to a compulsory insurance certificate, to the issuing or certifying State, shall be construed as referring to the territorial unit respectively in which the ship is registered and which issues or certif to the certificate; (c) the reference in this Convention to the requirements of national law shall be construed as references to the requirements of the law of the relevant territorial unit; and (d) references in articles 9 and 10 to courts, and it may be recognized in the judgement which States parties, shall be construed as references respectively to courts of, and to be recognized in the judgement which must in, the relevant territorial unit. Article 14 Entry into force this Convention shall enter 1 into force one year following the date on which 18 States, including five States each with ships whose combined gross tonnage is not less than 1,000,000, have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General. 2. For any State which ratif, accept, approve or accede to it after the conditions in paragraph 1 for entry into force have been met this Convention shall enter into force three months after the date of deposit by such State of the appropriate instrument. Article 15 Denunciation 1 this Convention may be denounced by any State Party at any time after the date on which this Convention into force in a con for that State. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General. 3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General. Article 16 Revision or amendment 1 A Conference for the purpose of revising or amending this Convention may be convened by the Organization. 2. The Organization shall conven a Conference of the States parties for revising or amending this Convention at the request of not less than one-third of the States parties. Article 17 Depositary 1 this Convention shall be deposited. with the Secretary-General. 2. The Secretary-General shall: (a) inform all States which have signed or acceded to this Convention of: (i) each new signature or deposit of instrument together with the date thereof; (ii) the date of entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention together with the date of the deposit and the date on which the denunciation takes effect; and (iv) other declarations and notifications made under this Convention; (b) transmit certified true cop to of this Convention to all Signatory States and to all States which accede to this Convention. Article 18 Transmission to the United Nations As soon as this Convention comes 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 19 languages this Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages being equally authentic text each. Done at London this twenty third day of March 2001. In witness whereof the undersigned being duly authorized by their Governments to the respectiv for that purpose have signed this Convention. Annex Explanatory notes 1 If desired, the designation. of the State may include a reference to the competent public authority of the country where the certificate is issued. 2. If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated. 3. If security is furnished in several forms, these should be enumerated. 4. The entry "Duration of Security" must stipulat the date on which such security takes effect. 5. The entry "address" of the insurer (s) and/or guarantor (s) must indicates the principal place of business of the insurer (s) and/or guarantor (s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
Translation of the International Convention on CIVIL liability for BUNKER oil pollution DAMAGE, referring to the 1982 United Nations Convention on the law of the sea, article 194, which stipulates that States shall take pieciešano measures of the marine pollution prevention, abatement and control, referring also to article 235 of the Convention, which provides that fast and the provision of appropriate redress for all types of pollution damage to the countries cooperate in international legislative provisions relevant to the development of further By selecting the 1992 International Convention on civil liability for oil pollution damage 1992 and the International Convention on the establishment of an International Fund for oil pollution compensation success rates for the provision of compensation to individuals who suffered from oil by ship as cargo carried by sea spills or releases injury, noting also the 1996 International Convention on liability and compensation for maritime transported hazardous and noxious substances caused by damage to the acceptance to ensure adequate, prompt and effective compensation mechanism of the harms caused by pollution, which caused the accident, sea transport of hazardous and noxious substances, recognising the importance of strict liability determination over all types of oil pollution, associated with the appropriate level of limitation of such liability, having regard to the need for additional action, fast and effective compensation for all bunker fuel spills or releases resulting damage , Desiring to adopt uniform international rules and procedures for liability issues and providing adequate compensation in such cases, agreed: article 1 definitions for the purposes of this Convention: 1. "ship" means any vessel jūrasspējīg and shipping feature, regardless of type. 2. "Person" means any individual or partnership or any public or private institution, legal or not, including a State or any of its authorized subsidiaries. 3. "shipowner" means the owner, including the registered owner, bareboat charterer, Manager and operator of the ship. 4. "registered owner" means the person or persons registered as the owner of the ship or, in the case of registration of the person or persons who are the owner of the ship. However, if the owner is the State, and it uses a company which in that State is registered as the ship's operator, "registered owner" means this company. 5. "Bunker oil" means any petroleum product oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any solution to these oils. 6. "Civil Liability Convention" means the amended the 1992 International Convention on civil liability for oil pollution ". 7. "protective measures" means any person carried in any reasonable measures after the accident has occurred, to prevent and reduce pollution. 8. "incident" means an event or series of events the same origin that causes damage or creates a grave and irreversible threat of such damage. 9. "pollution damage" means: (a) outside the ship's injury or damage caused by pollution from bunker fuel to leak or discharge such that does not happen, provided that the compensation for the environment the damage caused by not following the damage caused by the profit-loss, limited to in fact or action you take the cost of recovery measures; (b) the costs of measures) and to the safeguard measures in addition to the loss or damage. 10. "State of the ship's registry" means, in relation to an unregistered ship means the country in which the vessel is registered and in relation to an unregistered ship, the State whose flag the ship is entitled to fly. 11. "gross tonnage" means the gross amount, calculated in accordance with the 1969 International Convention on tonnage measurement of ships in annex 1. 12. "organization" means the International Maritime Organization. 13. "Secretary-General" means the Secretary-General of the organisation. Article 2 scope this Convention shall apply exclusively: (a) the damage caused by the pollution: (i) in the territory, including the territorial sea, and (ii) the exclusive economic zone of a Member State, established in accordance with international law, or, if the Member State in the territory of such a zone and to the country beyond the territorial sea of that State determined in accordance with international law, up to 200 nautical miles from the base lines from which measured the width of territorial sea; (b) protective measures when they are taken to prevent or minimise such damage. Article 3 liability of the shipowner 1 except point 3 and 4, the shipowner during the accident is responsible for any bunker fuel pollution damage to the vessel or, if the source is the ship, provided that, for the accident, which consists of a series of events the same origin, the liability of the shipowner arises from the moment when the first accident occurred. 2. where, in accordance with paragraph 1 is responsible for a number of parties, their liability is joint and individual. 3. no liability for pollution damage, if the shipowner proves that: (a) the damage caused by war, hostilities, civil war, insurrection or exceptional, unavoidable, irresistible natural phenomenon; or (b) the cause of the damage is fully a third party's actions or omissions with the aim to cause injury; or (c) damage wholly caused by any Government or other institutions responsible for monitoring or other light vessels function, neglect or otherwise false. 4. If the shipowner proves that the pollution damage caused in part or in full is a third party who has suffered the damage or negligence, or the negligence of that person, the shipowner may partially or totally exempt from liability to such person. 5. The requirement for pollution damage against the owner of the ship could not be built contrary to this Convention. 6. Nothing in this Convention shall prejudice any right of the shipowner to defence, which exists independently of this Convention. Article 4 exclusions 1. the Convention shall not apply to pollution harms caused as defined in the Civil Liability Convention, whether or not payment of the compensation due under this Convention. 2. with the exception of paragraph 3, the provisions of this Convention shall not apply to warships, auxiliary vessels for military or other ships, which are State-owned or employed by the State and national service during this time, only used for non-commercial purposes. 3. A Member State may decide to apply this Convention to its warships or other ships described in paragraph 2, in this case, it shall notify the Secretary-General, who shall determine the terms and conditions of application. 4. with regard to state-owned and commercial vessels used for each country see, to join in the jurisdiction laid down in article 9, and rejects all claims that infringes its sovereignty. Article 5 accident involving two or more ships when an accident involving two or more ships, and it causes pollution, all the owners of the vessels involved, unless they are exempt under article 3, is the common and individual responsibility for such damage which is not reasonably separable. Article 6 limitation of Liability nothing in this Convention shall affect the shipowner and the person or persons that are covered by insurance or other financial security is guaranteed the right to limit liability under any national or international regime, such as the amended the 1976 Convention on limitation of liability for maritime claims. Article 7 compulsory insurance or financial security 1 of the ship, which was exceeding 1000 gross registered tonnage and registered in a Member State, the registered owner is required insurance or other financial security, such as a bank or similar financial institution, to cover the guarantees of the registered owner's liability for pollution damage in an amount equal to the applicable national or international limitation regime for liability limits, but in all cases, not exceeding an amount calculated in accordance with the amended the 1976 Convention on limitation of liability for maritime claims. 2. a certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention, each ship is issued after the Member State concerned has decided that an institution has met the requirements of paragraph 1. Ship registered in a Member State, such certificate shall be issued or approved by the public authorities of the ship's registry; a ship not registered in a Member State, it may be issued or approved by the appropriate authority in each Member State. This certificate corresponds to the model given in the annex to the Convention and shall include the following information: (a) the name of the ship, the differences in the numbers or letters and port of registry; (b) the registered owner's name and address; (c) IMO ship identification number has been assigned; (d) the type and duration of security; (e) the insurer or other person giving guarantees, name and legal address, and accordingly, the insurer or otherwise support place registered office; (f) period of validity of the certificate, which shall not exceed the insurance or other security. 3. (a) a Member State may authorize its institutions or bodies recognized to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the Member State shall fully guarantee the completeness and accuracy of the certificate, it is issued, and shall undertake to ensure the necessary measures for this obligation. (b) the Member State shall notify the Secretary-General of: (i) its recognized institutions and organizations, the scope of the powers delegated; (ii) the withdrawal of such authorisation; (iii) the date on which such cancellation of the mandate or powers shall take effect. Delegated powers shall enter into force three months from the date on which the notification will be sent to the Secretary-General in this regard; (c) the institution or organization that is empowered to issue certificates in accordance with this paragraph shall, as a minimum, be entitled to withdraw these certificates if the conditions are not met, under which they were issued. For each withdrawal of an institution or organisation shall report to the State on whose behalf the certificate was issued. 4. issuing the certificate must be in the official language or languages. If the language used is not English, French or Spanish, the text shall be translated into one of these languages and, where the State so decides, the official language of the State may not follow. 5. the certificate is on board the ship and a copy shall be deposited in the institution the records of the registration of the vessel or, if the ship is not registered in a Member State, the body which issued the certificate or approval. 6. the insurance or other financial security may not meet the requirements of this article if it is lost, and the reason is the insurance or security specified in the certificate under paragraph 2 of this article, the expiration date, before the expiration of three months from the date on which the institution mentioned in paragraph 5 of this article, send notice of termination, unless the certificate is rejected from these authorities or a new certificate issued in that time period. The above provisions apply to each similar changes, which results in the insurance or security no longer satisfying the requirements of this article. 7. The State of the ship's registry shall, in accordance with the provisions of this article, determine the issue and validity of the certificate. 8. Nothing in this Convention shall be construed so as to discourage Member States rely on information obtained from other States or the organization or other international organisations relating to the insurance or financial security for the financial situation to ensure that this Convention. In such a case, the Member State relying on this information, is not exempt from liability as the country that issues the certificate required by paragraph 2. 9. Certificates issued or approved by the Member State, the institution must accept the other Member States of this Convention, in order to fulfil Convention and, on the other hand those Member States is equal to the force of law to be picked or approved by certificates even if they have been issued or confirmed a ship not registered in a Member State. Member State at any time You can request a consultation with or approval of the issue of the certificate the State, believing that the insurer or guarantor named in the insurance certificate showing is not financially able to fulfil the obligations imposed by the Convention. 10. any claims for pollution damages may be brought directly against the insurer or other person that maintains financial security for the registered owner's liability for pollution damage. In this case, the accused may request the Defense (with the exception of the owner's bankruptcy and liquidation), as the owner had the right to propose, including the limitation in accordance with article 6. Moreover, even if the shipowner is not entitled to limitation of liability, in accordance with article 6, the defendant may limit liability to insurance or financial security, one must be maintained in accordance with paragraph 1. In addition, the accused may request the defence the fact that pollution damage is intentional owner of bad management but cannot ask the accused in any other defence which the accused would be entitled to ask the owner of the vessel brought the case against the accused. In any case, the accused has the right to ask the owner to participate in the lawsuit. 11. the Member State shall not authorise their flag ship in respect of which this article is applicable to the vessel, unless the certificate is issued in accordance with paragraph 2 or in paragraph 14. 12. in accordance with the provisions of this article, each Member State shall, on the basis of its national legislation guarantee that insurance or other financial security provided for in paragraph 1 to determine the amount in force in respect of any ship, with a capacity exceeding 1000, registering, entering and leaving a port in its territory, or arriving or leaving the ofšor objects in its territorial sea. 13. Notwithstanding the provisions of paragraph 5, a Member State may notify the Secretary-General that, in fulfilling the requirements of paragraph 12 is not required to remain on board the vessel or to the presentation of the certificate required by paragraph 2 when entering or leaving ports or arriving or leaving the ofšor objects in its territory, provided that the Member State which issues the certificate required by paragraph 2 has notified the Secretary-General, that it makes the records in electronic form , which is available to all Member States, demonstrating the validity of the certificate, and countries to which it is, is exempt from paragraph 12. 14. If the vessel is not the Member State of insurance or other financial security, the provisions of this article shall not be applicable to such ship, but the ship must have a certificate issued by the State of the ship's registry, the authority that the ship is its public property and that the ship's liability is insured, the amount specified in paragraph 1. Such certificate should resemble as closely as possible to the model laid down in paragraph 2. 15. the National Convention of the deposit of the instrument of ratification, acceptance, approval or accession or at any time thereafter may declare that this article does not apply to vessels operating exclusively in the territory of the country referred to in paragraph 2 (a) (i). Article 8 time limits rights to compensation under this Convention is deleted, if an action is not brought within three years from the date when the damage occurred. But, in any case, the claim may not be brought if the last in more than six years since the accident that caused the injury. If an incident consists of a series of accidents, the six-year period begins on the date that the first accident occurred. Article 9 jurisdiction 1. If the incident has caused pollution damage in the territory, including the territorial sea, or one or more of the Member States article 2, point (a) (ii) the specified areas, or conservation measures have been taken to prevent or minimise pollution damage in such territory, including the territorial sea, or in such area, a claim for compensation against the shipowner, insurer or other person that maintains financial security may be brought only in a Court of a Member State. 2. Any action taken pursuant to paragraph 1, each accused is duly notified. 3. each Member State shall ensure that its courts have jurisdiction to take measures of compensation under this Convention. Article 10 recognition and enforcement 1. any judgment of the Court of Justice, adopted in accordance with the jurisdiction specified in article 9, to be carried out, the State of origin where it is no longer the second time transparent, should be recognised in each Member State, except where: (a) the judgment was induced by deceit; or (b) the accused is not duly informed of the procedure and the objective reasons could not participate. 2. A judgement recognized under paragraph 1, each Member State must comply, as soon as met in the country of the necessary formalities. Such formalities shall not permit the retrial. Article 11 the provisions of this Convention of substitution replaces each existing Convention or the Convention, opened for signature, ratification or accession the date on which this Convention is opened for signature, but only to the extent that such Convention would be in conflict; However, nothing in this article shall affect the obligations of the Member States in relations with countries which are not Member States of this Convention, the application of this Convention. Article 12 signature, ratification, acceptance, approval and accession 1 this Convention shall be open for signature by the headquarters of the organisation from 1 October 2001 until 30 September 2002 and then remains open to joining purpose. 2. States may express their consent to be bound by the Convention in relation to these forces: (a) signature without reservation of ratification, acceptance or approval; (b) signing, reserving the ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance or approval or accession is effected by depositing the instruments to the Secretary-General in this regard. 4. any instrument of ratification, acceptance, approval or accession deposited after the entry into force of the amendments to the Convention in all the existing Member States, or after all the measures necessary for the amendment to take effect in the Member States, is considered to apply to this Convention as amended by. Article 13 States that the force has a number of legal systems 1. If a State has two or more territorial parts that apply different legal systems regarding issues considered in the Convention, it, signing the Convention, ratifying it, accepting, approving or acceding to this Convention, declare that it shall apply to all parts of its territory, or only a few, or at any time, and may modify this Declaration by submitting another declaration. 2. for each such notification should inform the Secretary-General and clearly defined territorial parts which this Convention shall apply. 3. as regards the Member States which have submitted such statements: (a) in the definition of "registered owner" in article 1, paragraph 4, the reference to the country are interpreted as references to such a territorial; (b) references to the State of a ship's registry and, in relation to a compulsory insurance certificate, to the issuing or the State, are interpreted as referring to the territorial part, in which the ship is registered and which issues or confirm the certificate; (c) references in this Convention to national law requirements are interpreted as referring to the law of the territory concerned; and (d) in article 9 and 10 references to courts, and to judgments which must be recognised in the Member States, are interpreted as a reference to the Court under the territorial share of the recognised judgments. Article 14 entry into force 1. the Convention shall enter into force one year after the date on which the 18 countries, including the five whose combined gross tonnage is greater than 1 000 000, have signed it without reservation of ratification, acceptance or approval, or have deposited with the Secretary-General of the instrument of ratification, acceptance, approval or accession. 2. any country which has ratified, accepted, approved or acceded to it, after the provisions of paragraph 1 are fulfilled, the Convention shall enter into force three months after the date when the State deposited the corresponding instrument. Article 15 denunciation 1. this Convention may be denounced by any party at any time after the date when the Convention enters into force in the country. 2. The denunciation is made by depositing with the Secretary-General of the instrument. 3. The denunciation shall take effect one year, or such term, an instrument of denunciation provided when it is deposited with the Secretary-General. Article 16 review or amend 1. Organization may convene a Conference to review or amend this Convention. 2. the organization may convene a Conference of the Member States, the purpose of revising or amending this Convention by not less than one third of the Member States. Article 17 depositary this Convention deposited 1. the Secretary General. 2. the Secretary-General shall: (a) inform all States which have signed or acceded to this Convention, of (i) each new signature or deposit of an instrument and the payment date; (ii) the date of entry into force of the Convention; (iii) every denunciation of this Convention, following and its date and the date on which the denunciation takes effect; and (iv) other declarations and notifications made under this Convention; (b) transmit certified copies of this Convention to all States which have signed and which are parties to this Convention. Article 18 transmission to the United Nations as soon as the Convention enters into force, the text shall be forwarded to the Secretary-General of the United Nations for registration and publication in accordance with the United Nations Charter article 102. Article 19 of the Convention drawn up in the language of one of the original Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. SIGNED in LONDON on 23 March 2001. In witness whereof, the undersigned duly authorized government representatives signed this Convention. Annex to the explanatory memorandum: 1. State the name can include a reference to the country in which the certificate was issued, the competent institution of your choice. 2. If the total coverage to more sources, you must specify each of them. 3. where there is more security, they should be listed on the form. 4. The entry "duration of Security" to fix the date on which the Security takes effect. 5. "the insurer (s) and/or guarantor (s) address indicates the insurer (s) and/or guarantor (s) legal address. The mention of insurance or other security detection location address. Visas: