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The 1976 Convention On Limitation Of Liability For Maritime Claims (Llmc 1976)

Original Language Title: Par 1976.gada Konvenciju par atbildības ierobežošanu attiecībā uz jūras prasībām (LLMC 1976)

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The Saeima has adopted and the President promulgated the following laws: The 1976 Convention on limitation of liability for maritime claims (LLMC 1976) article 1. the 1976 Convention on limitation of liability for maritime claims (LLMC 1976) (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Convention shall enter into force under article 17 thereof in due time and manner, and shall notify the Ministry of Foreign Affairs for the newspaper "journal". The Parliament adopted the law of 3 June 1999. The President g. Ulmanis in Riga on 22 June 1999, the Convention on Limitations of Liability for maritime claims, 1976 (LLMC 1976) Chapter i. the right OF LIMITATIONS article 1 persons entitled to limit liability 1. Shipowner and salvor, as hereinafter defined, may limit their liability in accordanc with the rules of this Convention for claims set out in article 2. The term ' shipowner ' shall mean the owner, charterer, manager or operator of a seagoing ship. 3. the Salvor shall mean any person rendering services in direct connection with salvage operations. Salvage operations shall also include operations referred to in article 2, paragraph 1 (d), (e) and (f). 4. If any claims set out in article 2 are made against any person for whose Act, default or glec not the shipowner or salvor is responsible, such person shall be entitled to himself of the limitations of availa ... liability provided for in this Convention. 5. In this Convention the liability of a shipowner shall include liability in an action brough against the vessel herself. 6. An insurer of liability for claims subject to limitations in accordanc with the rules of this Convention shall be entitled to the benefits of this Convention to the same exten as the assured himself. 7. The Act of invoking limitations of liability shall not constitut an admission of liability. Article 2 claims subject to limitations 1. Subject to articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitations of liability: (a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basin and waterway and AIDS to navigation), occurring on board or in direct Connexions with the operations of the ship or with salvage operations consequential loss resulting therefrom, and; (b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passenger or their luggag; (c) claims in respect of other loss resulting from infringement of rights other than contractual rights occurring in direct, Connexions with the operations of the ship or salvage operations; (d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship; (e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship; (f) claims of a person other than the person liabl in respect of the measure taken in order to minimize the aver or loss for which the person may limit his liability by liabl in accordanc with this Convention, and further loss caused by such measure. 2. the claims set out in paragraph 1 shall be subject to limitations of liability even if brough by way of the recourses for indemnity under a contract or a or otherwise. However, claims set out under paragraph 1 (d), (e) and (f) shall not be subject to limitations of liability to the exten the that they relate to remuneration under a contract with the person liabl. Article 3 claims excepted from limitations the rules of this Convention shall not apply to: (a) claims for salvage or contribution in general average; (b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage dated 29th November 1969 or of any amendment or Protocol is in force for which theret; (c) claims subject to any international convention or national legislation prohibiting limitations of liability each or for nuclear damage; (d) claims against the shipowner of a nuclear ship for nuclear damage; (e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their "Hare, dependant or other person is entitled to make such claims, if under the law each the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect to such claims , or if he is only permitted by such law to limit his liability to an amount greater than that provided for in article 6, article 4 conduct barring limitations (A) A person shall not be entitled to the liabl limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss , or recklessly and with knowledge that such loss would probably result. Article 5 where a person entitled to Counterclaim the limitations of liability under the rules of this Convention has a claim against the claiman the arising out of the same occurrence, their respectiv claims shall be set-off against each other and the provision of this Convention shall only apply to the balance, if any. Chapter II. limits OF LIABILITY article 6 the general limit 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) 333.000 units of account for a ship with a tonnage not exceeding 500 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 501 to 3.000 tons, 500 units of account; for each ton from 3.001 to 30.000 tons, 333 units of account; for each ton from 30.001 to 70.000 tons, 250 units of account, and for each ton in excess of 70.000 tons, 167 units of account; (b) in respect of any other claims: (i) the 167.000 units of account for a ship with a tonnage not exceeding 500 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 501 to 30.000 tons, 167 units of account; for each ton from 30.001 to 70.000 tons, 125 units of account; and for each ton in excess of 70.000 tons, 83 units of account. 2. Where the amount calculated in accordanc with paragraph 1 (a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordanc with paragraph 1 (b) shall be available for payment of the unpaid balance of claims under paragraph (1) (a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1 (b). 3. However, without prejudice to the right of claims for loss of life or personal injury according to paragraph 2, a State Party may provide in its national law that claims in respect of damage to harbour works, basin and waterway and AIDS to navigation shall have such priority over other claims under paragraph 1 (b) as is provided by that law. 4. The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1.500 ton. 5. For the purpose of this Convention the ship's tonnage shall be the gross tonnage calculated in accordanc with the tonnage measurement rules in Annex I led of the International Convention on tonnage measurement of ships, 1969 article 7 the limit for passenger claims 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 46.666 units of account multiplied by the number of passenger for which the ship is authorised to carry according to the ship's certificate, but not exceeding 25 million units of account. 2. For the purpose of this article "claims for loss of life or personal injury to the passenger of a ship" shall mean any such claims or on behalf of the brough by any person carried in that ship: (a) under a contract of passenger carriage, or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods. Article 8 unit of account 1. The unit of account referred to in articles 6 and 7 is the Special Drawing right as defined by the International Monetary Fund. The amount mentioned in articles 6 and 7 shall be converted into the national currency of the State in which limitations is sought, according to the value of that currency at the data limitations the fund shall have been constituted, payment is made, or security is given which under the law of that State is equivalent to such payment. The value of a national currency, in terms of the Special Drawing right, of a State Party which is a member of the International Monetary Fund, shall be calculated in accordanc with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of a national currency, in terms of the Special Drawing right, of a State Party which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State Party. 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 (a) follows : (a) in respect of article 6, paragraph 1 (a) at an amount of: (i) 5 million monetary units for a ship with a tonnage not exceeding 500 ton; (ii) for a ship with a tonnage in excess thereof, the followingamoun in addition to that mentioned in (i): for each ton from 501 to 3.000 ton, 7.500 units for short; for each ton from 3.001 to 5.000 30.000 ton, monetary units; for each ton from 30.001 to 70.000 tons, 3.750 monetary units; and for each ton in excess of 70.000 tons, 2.500 monetary units; and (b) in respect of article 6, paragraphs l (b) at an amount of: (i) 2.5 million monetary units for a ship with a tonnage notexceeding 500 ton; (ii) for a ship with a tonnage in excess thereof, the followingamoun in addition to that mentioned in (i): for each ton from 501 to 30.000 ton, 2.500 monetary units; for each ton from 30.001 to 70.000 tons, 1.850 monetary units; and for each ton in excess of 70.000 tons, 1.250 monetary units; and (c) in respect of article 7, paragraph 1, at an amount of 700.000 monetary units multiplied by the number of passenger for which the ship is authorized to carry according to its certificate, but not exceeding 375 million monetary units. Paragraphs 2 and 3 of article 6 apply correspondingly to sub-paragraph (a) and (b) of this paragraph. 3. The monetary unit referred to in paragraph 2 correspond to sixty-five and a half milligramm of gold of millesimal finenes for nine hundred. The conversion of this sum into the national currency shall be made according to the law of the State concerned. 4. The calculation mentioned in the last line of paragraph 1and the conversion mentioned in paragraph 3 shall be made in such a manner as to express in the national currency of the State Party as far as possible the same real value for the non in articles 6 and 7 as is expressed there in units of account. States parties shall communicate to the depositary the manner of calculation pursuan to paragraph 1, or the result of the conversion in paragraph 3, as the case may be, at the time of the signature without reservation as to ratification, acceptance or approval, or when depositing an instrument referred to in article 16 and whenever there is a change in either. Article 9 Aggregation of claims 1. The limits of liability determined in accordanc with article 6 shall apply to the aggregate of all claims which «arise on any distinct occasion: (a) against the person or persons mentioned in paragraph 2 of article 1 and any person for whose Act, default or glec not heat or ut300r2u responsible; or (b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvor operating from such ship and any person for whose Act, default or glec not heat or ut300r2u responsible; or (c) against the salvor or salvor who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose Act, default or glec not heat or ut300r2u responsible. 2. The limits of liability determined in accordanc with article 7 shall apply to the aggregate of all claims which may be subject to the «arise on theret any distinct occasion against the person or persons mentioned in paragraph 2 of article 1 in respect of the ships referred to in article 7 and any person for whose Act, default or glec not heat or ut300r2u responsible. Article 10 Limitations of liability without constitution of a fund's Limitations of liability limitations 1. may be invoked notwithstanding that a fund as mentioned in the article limitations 11 has not been constituted. However, a Party may provide the Sat into national law that, where an action is brough in its courts to enforce a claim subject to limitations, a person may only invoke the liabl the right to limit liability if a fund has been constituted in accordanc limitations with the provision of this Convention or the is constituted when the right to limit liability is invoked. 2. If limitations of liability is invoked without the constitution of a fund, the limitations provision of article 12 shall apply correspondingly. 3. Questions of procedure arising under the rules of this article shall be decided in accordanc with the national law of the State Party in which action is brough. Chapter III: the FUND article 11 LIMITATIONS Constitution of the fund Any person alleged to be 1 liabl of may a fund with the constitut court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitations. The fund shall be constituted in the sum of such of the non set out in articles 6 and 7 as with applicable to claims for which that person may be liabl, together with interest thereon from the date of the occurrence giving rise to the the liability until the date of the constitution of the fund. Any fund shall be constituted in the available only for the payment of claims in respect of limitations of liability which can be invoked. 2. A fund may be constituted either by depositing the sum,, or by producing a guarantee under the legislation is acceptabl of the State Party where the fund is constituted and considered to be adequat by the Court or other competent authority. 3. A fund constituted by one of the persons mentioned in paragraph1 (a), (b) or (c) or paragraph 2 of article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph 1 (a), (b) or (c) or paragraph 2, respectively. Article 12 Distribution of the fund 1. Subject to the provision of paragraph 1 and 2 of article 6 and of article 7, the fund shall be distributed among the claimant in proportion to their established claims against the fund. 2. If, before the fund is distributed, the liabl, the person or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquir by subrogation the rights which the person so compensated would have enjoyed under this Convention. 3. The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the exten that such subrogation is permitted to be under the applicable national law. 4. Where the person or any other person to establish liabl's that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation-with regard to which such person would have enjoyed a right of subrogation pursuan to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund. Article 13 Bar the others actions 1. Where a fund has been constituted limitations in accordanc with article 11, any person having made a claim against the fund shall be from exercising any right Barreda Fontes in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted. 2. After a fund has been consituted limitations in accordanc with article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a Party, the Sat for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the fund has been constituted limitations: (a) at the port where the occurrence took place in, or, if it took place out of port, at the first port of call thereafter; or (b) at the port of disembarkations in respect of claims for loss of life or personal injury; or (c) at the port of discharge in respect of damage to cargo; or (d) in the Sat is where the arrest is made. 3. The rules of paragraphs 1 and 2 shall apply only if the may bring a claim to claiman against the limitations fund before the Court administering that fund and the fund is actually available and freely transferabl in respect of that claim. Article 14 each time the law subject to the provision of this Chapter the rules relating to the constitution and distribution of a fund's limitations, and all rules of procedure in connection therewith, shall be governed by the law of the State Party in which the fund is constituted. Chapter IV. Scope OF APPLICATION article 15 1 shall apply. this Convention whenever any person referred to in article 1 seek to limit his liability before the Court of a State Party or seek to Procura the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State. Vertheles not, each State Party may exclude wholly or partially from the application of this Convention any person referred to in article 1, who at the time when the rules of this Convention are invoked before the courts of that State does not have his habitual residence in a State Party, or does not have his principal place of business in a State Party or any ship in relations to which the right of limitations is invoked or whose release is sought and which does not at the time specified above fly the flag of a State Party. 2. A State Party in my specific provision of regulat by national law the system of limitations of liability to be applied to the vessel for which: (a) according to the law of that State, ships intended for navigation on inland waterway; (b) ships of less than 300 tons. (A) a State Party which makes use of the option provided for in this paragraph shall inform the depositary of the limits of liability adopted in its national legislation or of the fact that there are none. 3. A State Party may regulat by specific provision of national law the system of limitations of liability to be applied to claims arising in the cases in which interests of persons who are nationals of other States parties with in no way involved. 4. The courts of a Party shall not apply a Sat this Convention to ships constructed for, or adapted to, and engaged in, drilling: (a) when that State has established under its national legislation a higher limit of liability than that otherwise provided for in article 6; or (b) when that State has become party to an international convention regulating the system of liability in respect of such ships. In a case to which the sub-paragraph (a) applies that State Party shall inform the depositary accordingly. 5. This Convention shall not apply to: (a) air-cushion vehicles; (b) the floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof. Chapter v. FINAL CLAUSS's article 16 signature, Ratification and Accession 1 this Convention shall be open for signature by all States at the headquarters of the lnter-Governmental Maritime Consultative Organisation (hereinafter referred to as "the Organisation") from February 1st 1977 until December 31st, and shall thereafter remain open in 1977 for accession. 2. All the Sat-may become parties to this Convention 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 a formal instrument to that effect with the Secretary-General of the Organisation (hereinafter referred to as "the Secretary-General"). Article 17 Entry into force this Convention shall enter 1 into force on the first day of the month following one year after the date on which the Sat's have either signed 12 it without reservation as to ratification, acceptance or approval or have deposited the instrument of ratification, the requisit acceptance, approval or accession. 2. For a State which deposits an instrument of ratification, acceptance, approval or accession, or sign without reservation as to ratification, acceptance or approval, in respect of this Convention after the requirements for entry into force have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession or the signature without reservation as to ratification acceptance or approval, shall, take effect on the date of entry into force of the Convention or on the first day of the month following the 90th day after the date of signature or the deposit of the instrument, whichever is the later date. 3. For any State which subsequently become a Party to this Convention, the Convention shall enter into force on the first day of the month following the expiration of 90 days after the date when such State of the instrument deposited it. 4. In respect of the relations between States which ratify.â, accept, or approve this Convention or accede to it, this Convention shall replace and abrogat the International Convention relating to the Limitations of the Liability of owners of Seagoing Ships, done at Brussels on October 10th, 1957 and the International Convention for the Unification of certain rules relating to the Limitations of the Liability of the Owner of a Seagoing Vessel , signed at Brussels on 25th August 1924 article 18 reservations 1 Any Satay may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude the application of article 2, paragraph 1 (d) and (e). Other reservations shall be admissibl to the substantive provision of the this Convention. 2. the reservations made at the time of signature are subject to confirmation 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. Such withdrawals shall take effect to the date the notification is received. If the notification States that the attention of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawals shall take effect on such later date. Article 19 Denunciation 1 this Convention may be denounced by a State Party at any time after one year from the date on which the Convention entered into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General. 3. the Denunciation shall take effect on the first day of the month following the expiration of one year after the date of deposit of the instrument, or after such period as may be specified in the longer the instrument. Article 20 Revision and Amendment 1 A Conference for the purpose of revising or amending this Convention may be convened by the Organisation. 2. The Organisation shall conven a Conference of the parties of the Sat this Convention for revising or amending it at the request of not less than one-third of the parties. 3. After the date of the entry into force of an amendment to this Convention, any instrument of ratification, acceptance, approval or accession deposited shall be deemed to apply to the Convention as amended, unless a contrary intention is expressed in the instrument. Article 21 Revision of the limitations and the amount of the unit of account or Monetary Unit 1. Notwithstanding the provision of article 20 a Conference only for the purpose of altering the non is specified in article 6 and 7 and in article 8 paragraph 2, or of substituting either or both of the units defined in article 8, paragraphs 1 and 2 , by other units shall be convened by the Organisation in accordanc with paragraphs 2 and 3 of this article. An alteration of the will shall be made non only because of a significant change in their real value. 2. The Organisation of such a Conference conven shall at the request of not less than one fourth of the States parties. 3. (A) the decision to alter the non or to substitute the units by other units of account shall be taken by a two-thirds majority of the States parties present and voting in such Conference. 4. Any State depositing its instrument of ratification, acceptance, approval or accession to the Convention, after entry into force of an amendment, shall apply to the Convention as amended. Article 22 Depositary 1 this Convention shall be deposited. with the Secretary-General. 2. The Secretary-General shall: (a) transmit certified true cop to of this Convention to all of which it Sat were invited attend the Conference on the Limitations of Liability for maritime claims and to any other States which accede to this Convention; (b) inform all States which have signed or acceded to this Convention of: (i) each new signature and each deposit of an instrument and any reservation of theret together with the date thereof; (ii) the date of entry into force of this Convention or any amendment theret; (iii) any denunciation of this Convention and the date on which it takes effect; (iv) any amendment adopted in conformity with articles 20 or 21; (v) any communication called for by any article of this Convention. 3. Upon entry into force of this Convention, a certified true copy thereof 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 23 of this Convention is the language established in a single original in the English, French, Russian and Spanish languages, each text being equally authentic. Done at London this nineteenth day of November one thousand nine hundred and seventy six. In witness whereof the undersigned being duly authorised for that purpose have signed this Convention.

the 1976 Convention on limitation of liability for maritime claims (LLMC 1976), chapter I. LIMITATION of Rights article 1 persons entitled to limit liability of the shipowner and the 1. rescuers, as hereinafter defined, in accordance with the provisions of this Convention may limit his liability in respect of the requirements set out in article 2. 2. the term "shipowner" means the owner or charterer, Manager, or operator. 3. With the Savior shall mean any person that provides services directly related to rescue operations. Rescue operations also include article 2, paragraph 1 (d), (e) and (f) the activities mentioned in points. 4. If any of the requirements set out in article 2, which have been brought against any person whose conduct, neglect or default the shipowner is responsible or Savior, such person has the right to use, any limitation of liability under this Convention. 5. for the purposes of this Convention the shipowner's liability includes liability, if a claim is brought against the ship itself. 6. the Liability of the insurer in respect of claims covered by the limitation in accordance with the provisions of this Convention shall have the right to use the benefits of this Convention in the same volume that are available to the insured. 7. limitation of liability does not mean requesting recognition of liability. 2. the article claims subject to limitation 1. Pursuant to article 3 and 4, whatever the basis of liability, limitation of liability shall apply to the following requirements: (a) the requirements for the human loss of life or personal injury or death or damage to property or damage to it (including the port facilities, pool, waterways and AIDS to navigation), if it takes place on board, or is directly related to the operation of the ship or salvage operations and can result in consequential damages; (b) requirements relating to the loss of cargo, passengers or their baggage delays; (c) requirements for the kind of loss resulting from the breach of the law, which does not provide the contract, if it occurred in direct connection with the operation of the ship or salvage operations; (d) requirements for ship removal, removal, destruction, or making a harmless, if a ship is sunk, wrecked, stranded or abandoned by the ran, including all those things that are or have been in the ship; (e) requirements for the ship's cargo of destruction, disposal or making a harmless; (f) the requirements that persons are not responsible for the measures to be taken to prevent or reduce damage in respect of which the person liable may limit his liability in accordance with this Convention and the subsequent loss of the reason is that such measures. 2. in paragraph 1, the requirements of liability applies even if they brought in recourse procedure or to obtain a refund under the agreement or otherwise. However, with regard to paragraph 1 (d), (e) and (f) the requirements referred to in subparagraph liability shall not be applicable if they relate to remuneration under a contract with a responsible person. 3. Article requirements not applicable limitation of provisions of the Convention do not apply in respect of: (a) requirements for rescue or contributions due to General accident; (b) requirements for oil pollution damage, 1969, of the Convention on civil liability for oil pollution damage or its amendment or Protocol, which is in force; (c) any International Convention or national law requirements of the regulation or prohibition of kodolpiesārņojum result in a damage limitation of liability; (d) claims against the master of the atomkuģ of kodolpiesārņojum as a result of the damage caused; (e) the owner or staff of the requirements of the Savior whose duties are related to the craft or rescue operations, including their heirs, the dependent person or other person, having the right to bring such a claim, if in accordance with the laws and regulations governing the employment contracts between the owner of the ship or the crew of the rescue workers, the owner of a ship or the Savior is not entitled to limit his liability in respect of the following requirements whether such laws and other laws allow it to limit its responsibility only for the amount that is greater than specified in article 6. Article 4, which does not allow limitation of the responsible person is not entitled to limit his liability if it is proved that the damage was in her personal actions or negligence, made with the intention to create such a loss, or acting in reckless and recognising the likelihood of such damages. Article 5 counterclaims where a person has the right to limitation of liability in accordance with the provisions of this Convention, is a claim against the claimant arising out of the same occurrence, their respective requirements are cross credited and the provisions of this Convention, if any, are applicable to the remainder. Chapter II. Types of liability article 6 General limitations 1. Limitation of liability in relation to those referred to in article 7 requirements caused by a single event, the invoice as follows: (a) in respect of claims for loss of life or personal injury, (i) units of account 333000 vessel tonnage not exceeding 500 tonnes, (ii) the vessel, with a capacity exceeding it, referred to in subparagraph (i) the sum of the following amounts: from 501 to 30000 tons for every ton of ò 500 units of account; from 3001 to 30000 tons for every ton of ò 333 units of account; from 30001 to 70000 tons for every ton of ò 250 units of account and for each ton in excess of 70000 tons, ņ167 units of account, (b) for any other requirements (i) 167000 units of account for a ship not exceeding 500 tonnes capacity, (ii) the vessel, with a capacity exceeding it, referred to in subparagraph (i) the sum of the following amounts: from 501 to 3000 tonnes per tonne ñ 167 units of account; from 30001 to 70000 tons for every ton of ò 125 units of account; and for each ton in excess of 70000 tons, ñ 83 units of account. 2. If the amount calculated in accordance with paragraph 1 (a), is not sufficient to fully cover the requirements herein, the amount calculated in accordance with paragraph 1 (b), be used to cover the outstanding balance in respect of paragraph 1 (a) the requirements referred to in point and this balance not paid is equivalent to the requirements of paragraph 1 referred to in (b) above. 3. However, without prejudice to the requirements of the law regarding the protection of human life loss or personal injury that is determined in accordance with paragraph 2, the Member State in its national law and in other laws may provide that the requirements in respect of damage aggravation of port facilities, pools and waterways and AIDS to navigation have priority with respect to such other paragraph 1 (b), the requirements of any such laws and governmental regulations. 4. Limitation of liability in respect of any return that does not take action on any of the ships or to any savior who works only on board, for which the rescue measures are taken, the invoice corresponding to the tonnage of 1500 tonnes. 5. This Convention with capacity in gross tonnage understands that in accordance with the tonnage measurement provisions laid down in the 1969 International Convention on tonnage measurement of ships in annex I. Article 7 limitations on the requirements of passengers 1. for passenger claims for loss of life or personal injury, caused by a single case, the limitation of liability of the shipowner is the amount of 46666 Units of account multiplied by that number of passengers which the ship is entitled to carry a ship's certificate in accordance with, but not exceeding 25 million units of account. 2. for the purposes of this article, with "ship passenger claims for loss of life or personal injury" shall mean any person or person to instigate legal action that is carried on board a ship: (a) in accordance with the contract of carriage of passengers, or (b) who, with the consent of the carrier, is accompanying a vehicle or animals under the freight agreement. Article 8 unit of account 1. articles 6 and 7 of the unit of account referred to is a special unit of account, defined by the International Monetary Fund. The amounts referred to in articles 6 and 7 of the country converted in national currency, in which the restriction is requested in accordance with the value of the currency on the date when the limit had to be set up the Fund, payment must be made or guarantee must be given that, in accordance with the law of the country is equivalent to the following payment. The Member State which is a member of the International Monetary Fund, the value of the national currency units of the special terms of the invoice in accordance with the International Monetary Fund evaluation method in force operations and transactions a day. The Member State which is not a member of the International Monetary Fund, the value of the national currency units of the international settlement of the invoice in the manner fixed by the Member State. 2. Nevertheless, those States which are not members of the International Monetary Fund, and that the law does not permit the application of the provisions of paragraph 1, may, at the time of signing, without making a reservation in respect of ratification, acceptance or approval or deposit of the instrument of ratification, acceptance, approval or accession or at any other time then announce that the limitation of liability provided for in this Convention, applicable in their territory shall be determined as follows: (a) as regards article 6 (1) (a) the amount is : (i) monetary unit 5 million ship, with a capacity not exceeding 500 tonnes, (ii) the vessel, with a capacity exceeding it, referred to in subparagraph (i) the sum of the following amounts: from 501 to 3000 tons for every ton of monetary unit 7500 ò; from 3001 to 30000 tons for every ton of monetary unit 5000 ò; from 30001 to 70000 tons for every ton of 3750 monetary unit and the costs for each ton in excess of 70000 tons, ñ monetary unit 2500; and (b) in relation to article 6, paragraph 1 (b), (i) the sum of 2.5 million monetary units ship with a capacity not exceeding 500 tonnes, (ii) the vessel, with a capacity exceeding it, referred to in subparagraph (i) the sum of the following amounts: from 501 to 30000 tons for every ton of monetary unit 2500 ò; from 30001 to 70000 tons for every ton of monetary units 1850; ñ and for each ton in excess of 70000 tons, ñ monetary unit 1250; and (c) with regard to article 7 (1) of the amount of the monetary unit of 700000 is multiplied by the number of passengers which the ship is entitled to carry under the certificate, but not exceeding 375 million monetary units. Article 6, paragraph 2 and 3 shall be applied in accordance with subparagraph (a) and (b). 3. the monetary unit referred to in paragraph meets the purity of deviņsimt prov gold sixty-five and a half milligrams. The conversion of this amount in the national currency are carried out in accordance with national laws and regulations. 4. the last sentence of paragraph 1 and in paragraph 3 that the conversion is carried out in such a way as to get in the national currency of the Member State as far as possible reflect the same real value as expressed in units of account in article 6 and 7 of the said amount. At the time of signing, without making a reservation in respect of ratification, acceptance or approval, or deposit of an instrument referred to in article 16, and, where there is a change in one or the other, Member States comply with the provisions of paragraph 1, shall be sent to the depositary of the relevant calculation method or the results of the conversion of the description in accordance with paragraph 3. 9. Article 1 of the merger Claim liability established under article 6, refers to the set of claims, caused by a single case: (a) against the person or persons referred to in article 1 (2) and any person for whose activities, neglect or default he or they are responsible; or (b) against the ship, which carried out the rescue operation, the ship owner and rescuer or Savior, who carried out the rescue operation of this ship and any person for whose activities, neglect or default he or they are responsible; or (c) against the rescuer or Savior, who do not carry out a rescue operation of a ship or who work only on the ship, for which the rescue operation is carried out, and each person whose activities, neglect or default he or they are responsible. 2. the limits of liability determined in accordance with article 7, shall apply the requirements associated with it, which can cause any different case against the person or persons referred to in article 1 (2) in respect of the vessels referred to in article 7 and any person for whose acts, neglect and default he or they are responsible. Article 10 liability restriction, without limitation fund 1. Limitation of liability may not be required, taking into account the fact that the limitation fund referred to in article 11 has not been created. However, a Member State in its national law can predict that, if it is claimed in court to enforce a restriction requirement, the person responsible may request the right to limit liability only if the limitation fund established in accordance with the provisions of this Convention or after liability has been requested. 2. If limitation of liability is required, without creating a limitation fund, the appropriate application of the provisions of article 12. 3. the questions arising under the provisions of this article, are doomed in accordance with its national law and regulations, in which the application for action is submitted. Chapter III. 11. Limitation Fund article 1 Fund in each person, which is considered responsible, you can create a Fund at the Court or other competent authority in any Member State in which proceedings have been initiated in relation to the requirements for limited liability. The Fund consists of the articles 6 and 7 of the amounts that are applicable to claims for which that person can be held responsible, and their related interest, from the date of the event that caused the liability, up to the date when the Fund is established. Any fund created in this way is used only to satisfy the requirements in respect of which limitation of liability may be claimed. 2. the Fund may be created either by depositing the sum or the giving of the guarantee, which is acceptable under the law of the Member State and the regulations, in which the Fund is established and considered acceptable by the Court or other competent authority. 3. The Fund is established by one of the article 9, paragraph 1 (a), (b) or (c), or 2. the persons referred to in point or its insurer accordingly considered the Fund set up by all of paragraph 1 (a), (b) or (c) or a person referred to in paragraph 2. 12. Article 1 Fund allocation in accordance with article 6(1) and (2) and article 7 of the Fund be distributed among the claimants in proportion to the claims brought against the Fund. 2. where the responsible person or his insurer has satisfied his claim against the Fund before the Fund is distributed, this person she subrogation to the amount of the sums paid by way of acquiring the rights that the person to whom it was paid, should be used in accordance with this Convention. 3. in paragraph 2, the subrogation rights can also be used in this paragraph, not that person in respect of any amount of compensation they would be paid, but only to the extent that such subrogation rights are permitted in accordance with applicable national law and regulations. 4. where the responsible person or any other person establishes the fact that at a later date it can be forced to pay in full or in part any such amount of compensation in respect of which that person could use 2 and 3 the subrogation provided for in paragraph 1, if the compensation would be paid before the Fund allocation, the courts or any other competent public authority, in which the Fund is established, may order the provisional amount sufficient to distinguish to enable that person to this at a later date to put its claim against the Fund. Article 13: prohibition as regards other activities 1. If the limitation fund established in accordance with article 11, to each person who brought a claim against the Fund, it is prohibited to use any other rights in respect of such a claim against any other property owned by the person who created or on behalf of which the Fund was created. 2. when, in accordance with article 11 of the limitation fund established, any ship or other property owned by a person established on behalf of the Foundation and who is arrested or detained under the jurisdiction of the Member State in respect of claims against the Fund or any guarantee given can be released by a court or other competent authority of that country's decision. However, this exemption is applied always, if the limitation fund is established: (a) the port where the accident occurred or if it occurred outside the port, the first entry upon arrival ñ the port; or (b) the port where the passengers disembarked ashore in relation to claims for loss of life or personal injury; or (c) the port of unloading for a damaged shipment; or (d) the State in which the arrest is imposed. 3.1 and paragraph 2 shall apply only in the case where the plaintiff may bring an action against the limitation fund, which manages the Fund and the Fund is actually available and freely transferable in connection with this claim. Article 14 regulatory legislation in accordance with the provisions of this chapter, the provisions of the limitation fund and the Division and the related rules of procedure governed by the State laws and other regulations, in which the Fund was created. Chapter IV. 15. APPLICATION of article 1 this Convention shall apply when any person referred to in article 1 seeks to limit his liability before the courts of the Member State or tries to get a ship or other property, or cancel any guarantee, which is provided under the State jurisdiction. However, any Member State may partially or totally exclude the application of the Convention in respect of any person referred to in article 1, which at the time when the provisions of this Convention apply to the national court in a Member State not to have permanent residence or is not your pamatdarbaviet in a Member State, or any ship in respect of which the limitation of rights is required, or in respect of which the exemption is sought and which are higher than the time period specified by the flag ship. 2. the Member State with the national legislative provisions special provisions may govern the liability limitation system applicable to vessels which are: (a) in accordance with the legal provisions of the country designed for inland waterway navigation; (b) in terms of the tonnage of less than 300 tons. The Member State which carried out the check provided for in this paragraph, shall inform the depositary of the limitation of liability, as established in its national law or of the fact that this limitation is not. 3. the Member State with the national legislative provisions special provisions may govern the liability limitation system applicable requirements cause when in no way affected the interests of persons who are nationals of other Member States. 4. A court of a Member State not to apply the Convention to vessels, which is similar to the floating drilling equipment are they considered as such, or carry out drilling works: (a) if that State according to its national law adopted the higher limit of liability than those provided for in article 6; or (b) if that State has become party to the International Convention, which regulates liability system in respect of such vessels. If (a) is applied, the Member State shall inform the depositary accordingly. 5. this Convention shall not apply to: (a) the air traffic; (b) the floating platforms, built the sea bottom natural resources or soil research and production. Chapter v. Final clauses article 16 signature, ratification, or approval of this Convention shall be open for signature by the intergovernmental consultative organisation (hereinafter referred to as "the Organization") Headquarters from 1 February 1977 to 31 December 1977, and then is open to joining purpose. 2. All countries can become a member of the Convention: (a) signature without reservation of ratification, acceptance or approval; or (b) signature with reservation as to ratification, acceptance or approval with the subsequent ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession is effected by depositing a formal instrument with the Secretary-General (hereinafter referred to as "the Secretary-General"). Article 17 entry into force 1 this Convention shall enter into force one year after the first day of the month after the 12 countries have signed it without reservation of ratification, acceptance or approval or have deposited the required instrument of ratification, acceptance, approval or accession. 2. in respect of the country which deposited the instrument of ratification, acceptance, approval or accession or signed without reservation of ratification, acceptance or approval, compliance with the requirements for entry into force but before the date of entry into force, the ratification, acceptance, approval or accession or signature without reservation of ratification, acceptance or approval shall enter into force on the date of entry into force of the Convention or after 90 days on the first day of the month, counting from the time of signature or deposit of the instruments of the day , whichever is later. 3. For each country, which then becomes a Member of the Convention, the Convention shall enter into force 90 days after the first day of the month from the date on which that State deposited its instrument. 4. in respect of the States which have ratified, accepted or approved this Convention or acceded to this Convention replaces and repeals the 1957 10 October signed the International Convention on sea-going vessel owner liability and 25 august 1924 in Brussels signed the International Convention for the unification of laws on sea-going vessel owner liability. Article 18 reservations 1. each of the signature, acceptance, approval or accession may dissuade right to exclude article 2, paragraph 1 (d) and (e). Other reservations to the provisions of this Convention. 2. the reservations that are made at the time of signature, ratification, being approved by acceptance or approval. 3. any State which has made a reservation in respect of this Convention may withdraw it at any time by notification to the Secretary-General. Such withdrawal shall take effect on the date of receipt of the notification. If the notice States that countries to which reservations the cancellation shall take effect on the date specified therein, and this date following the date on which the notice is received by the Secretary-general, the cancellation shall take effect in the later date. Article 19 denunciation 1. any Member State may denounce this Convention at any time after one year from the date on which the Convention enters into force for that country. 2. The denunciation is made by depositing with the Secretary General of the instruments. 3. The denunciation shall take effect one year from the first day of the month, counting from the date of deposit of the instrument or after a longer period of time as may be determined in the instrument. Article 20 revision and Amendment 1. Organization may convene a Conference whose purpose is to review or amend this Convention. 2. the Organization shall convene a Conference of the States parties to this Convention, the purpose of which is to revise or amend it by at least one third of the country. 3. After the date of entry into force of this Convention, each deposited the instrument of ratification, acceptance, approval or accession shall be considered applicable to the instrument as amended by the Convention, unless the instrument provides otherwise. Article 21 limitation amounts and unit of account or monetary unit review 1. Notwithstanding the provisions of article 20, the Conference, which aims only to articles 6 and 7 and article 8 (2) the amount specified in the amendment, or one or two article 8 1 and 2 of this unit to other units, the Organization convened in accordance with paragraph 2 and paragraph 3. Amendment to the amount only when significant changed their real value. 2. the Organization shall convene a Conference of at least one quarter of Member States, on request. 3. decision to amend or replace the amount of units to other units of account, shall be adopted by this Conference the Member States present and voting in the two-thirds majority. 4. each State this Convention by depositing an instrument of ratification, acceptance, approval or accession after the entry into force of the amendments shall apply to the amended Convention. 22. Article 1 of the Convention of the deposit shall be deposited with the Secretary-General. 2. the Secretary-General shall: (a) send certified copies of this Convention to all States which were invited to participate in the maritime claims liability Conference and any other State which acceded to this Convention; (b) inform all States which have signed or acceded to the Convention of: (i) each new signature and any deposit of an instrument and each related reservation and the date thereof; (ii) of the Convention or any of its date of entry into force of the amendment; (iii) any denunciation of this Convention and the date on which it takes effect; (iv) any amendment adopted in accordance with article 20 or 21; (v) any notification in accordance with any provision of the Convention. 3. After the entry into force of this Convention shall be communicated by the Secretary-General of the United Nations Secretariat, its approved copy for registration and publication in accordance with the Charter of the United Nations in article 102. Article 23 of this Convention drawn up in the language in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. SIGNED in London in 1945 seventy-sixth annual nineteenth in November. In witness whereof, the undersigned duly authorized government representatives have signed this Convention.