On The Protocol Of Amendment To The International Convention On Civil Liability For Oil Pollution Damage

Original Language Title: Par Protokolu par grozījumiem Starptautiskajā konvencijā par civilo atbildību par naftas piesārņojuma radītajiem zaudējumiem

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The Saeima has adopted and the President promulgated the following laws: the Protocol of amendment to the International Convention on civil liability for oil pollution damage, article 1. 1992 27 November in London signed a Protocol on amendments to the 1969 International Convention on civil liability for oil pollution damage (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Protocol in English, and its translation into Latvian language. 3. article. This Protocol shall enter into force on its article 13 and the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 1 October 1997. The President g. Ulmanis in Riga 17 1997 October PROTOCOL of 1992 to Amend the International Convention on Civil Liability for Oil Pollution damage, 1969 the parties TO the present PROTOCOL, HAVING CONSIDERED the International Convention on Civil Liability for Oil Pollution damage, 1969, and the 1984 Protocol theret, HAVING NOTED that the 1984 Protocol to that Convention, which provides for improved scope and enhanced compensation , has not entered into force, AFFIRMING the importanc of maintaining the viability of the international oil pollution liability and compensation system, AWARE OF the need to ensur the entry into force of the content of the 1984 Protocol as soon as possible, RECOGNIZING that special provision in connection with the cessary not with the introduction of the òàæó amendments to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage , 1971, have AGREED as follows: article 1 the Convention which the provision of this Protocol amend is the International Convention on Civil Liability for Oil Pollution damage, 1969, hereinafter referred to as the "1969 Liability Convention". For States parties to the Protocol of 1976 to the 1969 Liability Convention, such reference shall be deemed to include the 1969 Liability Convention as amended by that Protocol. Article 2 article I of the 1969 Liability Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: l. "Ship" means any sea-going vessel and sea borne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargo shall be regarded as of a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has from the residu of such carriage of oil in bulk aboard. 2. Paragraph 5 is replaced by the following text: 5. "Oil" means any hydrocarbon mineral oil such as persistent crude oil, fuel oil, heavy diesel oil and self-lubricating oil carried on board a ship, whethers as cargo or in the bunkers of such a ship. 3. Paragraph 6 is replaced by the following text: 6. "Pollution damage" means: (a) loss or damage caused outside the ship by contamination the resulting from the escape or discharge of 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; (b) the costs of preventive measure and a further loss or damage caused by a preventive measure. 4. Paragraph 8 is replaced by the following text: 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. 5. Paragraph 9 is replaced by the following text: 9. "Organization" means the International Maritime Organization. 6. After paragraph 9 a new paragraph is inserted reading as follows: "1969 Liability Convention" 10 means the International Convention on Civil Liability for Oil Pollution damage, 1969. For States parties to the Protocol of 1976 to that Convention, the term shall be deemed to include the 1969 Liability Convention as amended by that Protocol. Article 3 article III of the 1969 Liability Convention is replaced by the following text: this Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a Contracting State, and (ii) in the exclusive economic zone of a Contracting State, established in accordanc with international law, or, if a Contracting State 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 4 Article III of the 1969 Liability Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. Except as provided in paragraphs 2 and 3 of this article, the owner of a ship at the time of an incident, or where the incident will consist of a series of occurrence, at the time of the first such occurrence in , shall be liabl for any pollution damage caused by the ship as a result of the incident. 2. Paragraph 4 is replaced by the following text: 4. on the claim for compensation for pollution damage may be made against the owner otherwise than in accordanc with this Convention. Subject to paragraph 5 of this article, no claim for compensation for pollution damage under this Convention or otherwise may be made against: (a) the servants or agents of the owner or the members of the crew; (b) the pilot or any other person who, without being a member of the crew, perform services for the ship; (c) any charterer (howsoever described, including a bare boat charterer), manager or operator of the ship; (d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority; (e) any person taking a preventive measure; (f) all servants or agents of persons mentioned in subparagraph (c), (d) and (e); unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. Article 5 article IV of the 1969 Liability Convention is replaced by the following text: When an incident involving two or more ships will occure and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under article III of the, shall be jointly and severally liabl for all such damage which is not reasonably separabl. Article 6 article V of the 1969 Liability Convention is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. The owner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to an aggregate amount calculated as follows: (a) 3 million units of account for a ship not exceeding 5.000 units of tonnage; (b) for a ship with a tonnage in excess thereof, for each additional unit of tonnage, 420 units of account in addition to the amount mentioned in sub-paragraph (a); provided, however, that this aggregate amount shall not in any event exceeds 100 59.7 million units of account. 2. Paragraph 2 is replaced by the following text: 2. The owner shall not be entitled to limit his liability under this Convention if it is proved that the pollution damage resulted from his personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. 3. Paragraph 3 is replaced by the following text: 3. For the purpose of availing himself of the benefit of the limitations provided for in paragraph 1 of this article the owner shall constitut a fund for the total sum representing the limit of his liability with the Court or other competent authority of any one of the Contracting States in which action is brough under article IX or , if no action is brough, with any court or other competent authority in any one of the Contracting States in which an action can be brough under article IX. The fund can be constituted either by depositing the sum or by producing the a bank guarantee or other guarantee, under the legislation of acceptabl of the Contracting State where the fund is constituted, and considered to be adequat by the Court or other competent authority. 4. Paragraph 9 is replaced by the following text: 9 (a) the ' unit of account ' referred to in paragraph 1 of this article is the Special Drawing right as defined by the International Monetary Fund. The non mentioned in paragraph 1 shall be converted into national currency shall be on the basis of the value of that currency by reference to the Special Drawing right on the date of the constitution of the fund referred to in paragraph 3. The value of the national currency, in terms of the Special Drawing right, of a Contracting State 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 on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing right, of a Contracting State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State. 9 (b) vertheles, a Contracting State which is not a member of the International Monetary Fund and whose law does not permit the application of the provision of paragraph 9 (a) may, at the time of ratification, acceptance, approval of or accession to this Convention or at any time thereafter, declare that the unit of account referred to in paragraph 9 (a) shall be equal to 15 gold francs. The gold franc referred to in this paragraph correspond to sixty-five and a half milligramm of gold of millesimal finenes for nine hundred. The conversion of the gold franc into the national currency shall be made according to the law of the State concerned. 9 (c) the calculation mentioned in the last line of paragraph 9 (a) and the conversion mentioned in paragraph 9 (b) shall be made in such manner as to express in the national currency of the Contracting State as far as possible the same real value for the non in paragraph 1 as would result from the application of the first three line of paragraph 9 (a). Contracting States shall communicate to the depositary the manner of calculation pursuan to paragraph 9 (a), or the result of the conversion in paragraph 9 (b), as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either. 5. Paragraph 10 is replaced by the following text: 10. For the purpose of this article the ship's tonnage shall be the gross tonnage calculated in accordanc with the tonnage measurement regulations led in Annex I of the International Convention on tonnage measurement of ships, 1969.6. The second line of paragraph 11 is replaced by the following text: Such a fund may be constituted even if, under the provision of paragraph 2, the owner is not entitled to limit his liability, but its constitution shall in that case not prejudice the rights of any claiman against the owner. Article 7 article VII of the 1969 Liability Convention is amended as follows: l the first two line of paragraph 2 are replaced by the following text: (A) 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 Contracting State has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a Contracting State 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 Contracting State it may be issued or certified by the appropriate authority of any Contracting State. 2. Paragraph 4 is replaced by the following text: 4. 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 Contracting State, with the authorities of the State issuing or certifying the certificate. 3. The first line of paragraph 7 is replaced by the following text: certificates issued or certified under the authority of a Contracting State in accordanc with paragraph 2 shall be accepted by other Contracting States for the purpose of this Convention and shall be regarded by other Contracting States 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 Contracting State. 4. In the second line of paragraph 7, the words "with the State of a ship's registry are replaced by the words" with the issuing or certifying State ". 5. The second line of paragraph 8 is replaced by the following text: In such case the defendan may be, even if the owner is not entitled to limit his liability according to article V, paragraph 2, himself of the availa ... limits of liability prescribed in article V, paragraph 1 article 8 article IX of the 1969 Liability Convention is amended as follows Paragraph (I) is replaced by: the following text: 1. Where an incident has caused pollution damage in the territory, including the territorial sea or an area referred to in article II, of one or more Contracting States or preventive measure of the have been taken to prevent or minimize pollution damage in such territory including the territorial sea or area, actions for compensation may only be brough in the courts of any such Contracting State or States. Reasonable notice of any such action shall be given to the defendan. Article 9 After article XII of the 1969 Liability Convention two new articles are inserted as follows: article XII bis Transitional provision transitional provision is in the following shall apply in the case of a State which at the time of an incident is a Party both to this Convention and to the 1969 Liability Convention: (a) where an incident has caused pollution damage within the scope of this Convention liability under this Convention, shall be deemed to be discharged if, and to the exten to that, it also «arise under the 1969 Liability Convention of; (b) where an incident has caused pollution damage within the scope of this Convention, and the State is a Party both to this Convention and to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971, liability remaining to be discharged after the application of sub-paragraph (a) of this article shall «arise under this Convention is only to the exten to that pollution damage remains uncompensated after application of the said 1971 Convention; (c) in the application of article III, paragraph 4, of this Convention the expression "this Convention" shall be interpreted as referring to this Convention or the 1969 Liability Convention, as appropriate; (d) in the application of article V, paragraph 3, of this Convention the total sum of the fund shall be constituted to be reduced by the amount by which liability has been deemed to be discharged in accordanc with sub-paragraph (a) of this article. Article XII of the Commission met the Final final of the Commission of this Convention shall be articles 12 to 18 of the Protocol of 1992 to amend the 1969 Liability Convention. Reference in this Convention to Contracting States shall be taken to mean a reference to the Contracting States of that Protocol. Article 10 the model of a certificate annexed to the 1969 Liability Convention is replaced by the model annexed to this Protocol. Article 11 1. The 1969 Liability Convention and this Protocol shall, as between the parties to this Protocol. be read and interpreted together as one single instrument. 2. Articles I to XII ter, including the model certificate, of the 1969 Liability Convention as amended by this Protocol shall be known as the International Convention on Civil Liability for Oil Pollution damage, 1992 (1992 Liability Convention). The FINAL article of the COMMISSION 12 signature, ratification, acceptance, approval and accession Protocol shall be l. This open for signature at London from 15 January 1993 to 14 January 1994 by all States. 2. Subject to paragraph 4, any State may become a Party to this Protocol by: (a) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or (b) accession. 3. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organization. 4. Any Contracting State to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1971, hereinafter referred to as the 1971 Fund Convention may accept, approve, ratify.â or accede to this Protocol only if it, accept, approve ratif or accede to the Protocol of 1992 to amend that Convention at the same time, unless it's the 1971 Fund Convention denounc to take effect on the date when this Protocol enter into force for that State. 5. A State which is a Party to this Protocol but not a Party to the 1969 Liability Convention shall be bound by the provision of the 1969 Liability Convention as amended by this Protocol in relations to other States parties of the heret, but shall not be bound by the provision of the 1969 Liability Convention in relations to States parties theret. 6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the 1969 Liability Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment. Article 13 Entry into force this Protocol shall enter 1 into force twelve months following the date on which ten States including four States each with not less than one million units of gross tanker tonnage have deposited instruments of ratification, acceptance, approval or accession with the Secretary General of the Organization. 2. However, any Contracting State to the 1971 Fund Convention may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession in respect of this Protocol, declare that such instrument shall be deemed not to be effective for the purpose of this article until the end of the six-month period in article 31 of the Protocol of 1992 to amend the 1971 Fund Convention. (A) a State which is not a Contracting State to the 1971 Fund Convention but which deposits an instrument of ratification, acceptance, approval or accession in respect of the Protocol of 1992 to amend the 1971 Fund Convention may also make a declaration in accordanc with this paragraph at the same time. 3. Any State which has made a declaration in accordanc with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary-General of the Organization. Any such withdrawals shall take effect on the date the notification is received, provided that such State shall be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date. 4. 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 Protocol shall enter into force twelve months following the date of deposit by such State of the appropriate instrument. Article 14 Revision and Amendment 1 A Conference for the purpose of revising or amending the 1992 Liability Convention may be convened by the Organization. 2. The Organization shall a conven Conference of Contracting States for the purpose of revising or amending the 1992 Liability Convention at the request of not less than one third of the Contracting States. Article 15 Amendments of non 1. limitations Upon the request of at least one quarter of the Contracting States any proposal to amend the limits of liability let down in article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol shall be circulated by the Secretary-General to all members of the Organization and to all Contracting States. 2. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization for considerations at a date at least six months after the date of its circulation. 3. All Contracting States to the 1969 Liability Convention as amended by this Protocol, whethers or not members of the Organization, shall be entitled to participat in the proceedings of the Legal Committee for the adoption of amendments and considerations. 4. Amendments shall be adopted by a two-thirds majority a of the Contracting States present and voting in the Legal Committee, expanded as provided for in paragraph 3, on condition that At the lawsuit one half of the Contracting States shall be present at the time of voting. 5. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. It shall also take into account the relationship between the limits in article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol and those in article 4, paragraph 4, of the International Convention on the establishment of an International Fund for Compensation for Oil Pollution damage, 1992.6 (a) of the amendment of the limits of liability under this article may be considered before 15 January 1998 nor less than five years from the date of entry into force of a previous amendment under this article. Of the amendment under this article shall be considered before this Protocol has entered into force. (b) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the 1969 Liability Convention as amended by this Protocol increased by 6 per cent per year calculated on a compound basis from 15 January 1993 (c) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the 1969 Liability Convention as amended by this Protocol multiplied by 3.7. Any amendment adopted in accordanc with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period of not less than one-quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they do not accept the amendment in which case the amendment is rejected for an and shall have no effect. 8. An amendment deemed to have been accepted in accordanc with paragraph 7 shall enter into force eighteen months after its acceptance. 9. All Contracting States shall be bound by the amendment, unless they denounc in this Protocol in accordanc with article 16, paragraphs 1 and 2, at least six months before the amendment to enter into force. Such denunciation shall take effect when the amendment to enter into force. 10. When an amendment has been adopted by the Legal Committee but the eighteen-month period for its acceptance has not yet expired, a State which become a Contracting State during that period shall be bound by the amendment if it enter into force. (A) the State which become a Contracting State after that period shall be bound by an amendment which has been accepted in accordanc with paragraph 7. In the cases referred to in this paragraph, a State bound by an amendment of the law when that amendment enter into force, or when this Protocol enter into force for that State, if later. Article 16 Denunciation 1 this Protocol may be denounced by any Party at any time after the date on which it will enter into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary General of the Organization. 3. A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General of the Organization. 4. As between the parties to this Protocol, denunciation by any of them of the 1969 Liability Convention in accordanc with article XVI thereof shall not be construed in any way as a denunciation of the 1969 Liability Convention as amended by this Protocol. 5. the Denunciation of the Protocol of 1992 to amend the 1971 Fund Convention by a State which remains a Party to the 1971 Fund Convention shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which denunciation of the Protocol of 1992 to amend the 1971 Fund Convention takes effect according to article 34 of that Protocol. Article 17 Depositary 1 this Protocol and any amendments accepted under article 15 of the shall be deposited with the Secretary-General of the Organization. 2. The Secretary-General of the Organization shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument together with the date thereof; (ii) each declaration and notification under article 13 and each declaration and communication under article V, paragraph 9, of the 1992 Liability Convention; (iii) the date of entry into force of this Protocol; (iv) any proposal to amend limits of liability which has been made in accordanc with article 15, paragraph 1; (v) any amendment which has been adopted in accordanc with article 15, paragraph 4; (vi) any amendment deemed to have been accepted under article 15, paragraph 7, together with the date on which that amendment shall enter into force in accordanc with paragraphs 8 and 9 of that article; (VII) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (VIII) any denunciation deemed to have been made under article 16, paragraph 5; (ix) any communication called for by any article of this Protocol; (b) transmit certified true cop out of this Protocol to all Signatory States and to all States which accede to this Protocol. 3. As soon as this Protocol enter into force, the text shall be transmitted by the Secretary General of the Organization to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 18 Language of this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Done AT LONDON this twenty-seventh day of November one thousand nine hundred and ninety-two. In WITNESS WHEREOF the undersigned, being duly authorized by their Governments to the respectiv for that purpose, have signed this Protocol.
Annex certificate of insurance or Other Financial Security in respect of Civil Liability for Oil Pollution Damage Issued in accordanc with the provision of article VII of the International Convention on Civil Liability for Oil Pollution damage, 1992. Name of ship distinctive number or letters port of registry name and address of owner this is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article VII of the International Convention on Civil Liability for Oil Pollution damage, 1992. Type of Security … … … … … … … … … … … … … … … … … … … … … … … … … …. Duration of Security ................................................................................ Name and address of the Insurer (s) and/or Guarantor (s) name address … … … … … … … … … … … … … … … … … … … … … … … … … …. This certificate is valid until................................................................................ " Issued or certified by the Government of..................................................................... " (Full designation of the State) At........................... On ............................. (Place) (Date) ............................................................... Signature and title of issuing or certifying official 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. Signatures omitted.
Translation of the PROTOCOL on the amendment to the 1969 International Convention on civil liability for oil pollution damage, parties to this Protocol, revised 1969 International Convention on civil liability for oil pollution damage, and its 1984 Protocol, noted that the Convention's 1984 Protocol, which defines the scope of enhanced and premium refund mechanism, not yet entered into force, confirming the international liability and compensation system for oil pollution cases the importance of availability realizing the need to ensure the 1984 Protocol as soon as possible of the content of the entry into force, recognizing that it is necessary in particular provisions related to the 1971 International Convention on the establishment of an International Fund for oil pollution compensation corresponding to the introduction of the amendment, have agreed as follows: article 1 of the Convention, that the provisions of this Protocol, is the 1969 International Convention on civil liability for oil pollution damage, hereinafter referred to as the "1969 liability Convention". In respect of the 1969 liability Convention the Contracting States to the Protocol of 1976, this reference must be considered comprehensive the 1969 liability Convention as amended by that Protocol. Article 2 of the 1969 liability Convention is amended article I, as follows: 1. paragraph 1 is replaced by the following: 1. "ship" means any vessel used in navigation and any type of machine, anyway — designed or suitable oil as cargo tank, provided that the ship with the possibilities to transport oil and other cargo on the ship is considered only when this leads oil as cargo and make every such shipment the following flight , unless it is proven that it holds no such residues of oil transport. 2. paragraph 5 is replaced by the following: 5. "oil" means any mineral oil hidrokarbon sustainable, such as crude oil, fuel, heavy diesel oil and lubricating oil, whether carried on board as cargo or simply lying on the vessel's cargo tanks. 3. paragraph 6 is replaced by the following: 6. "pollution damage" means: (a) the damage caused outside the ship from the poisoning, which occurred due to the oil spill into the sea or from the ship, wherever such a spill or discharge has taken place, provided that the compensation for damage to the environment, if such is not considered a profit loss due to damage caused to the environment should be limited to a reasonable cost with already made or even to the restoration measures; (b) the costs of preventive measures and future prevention effects. 4. point 8 is replaced by the following: 8. "incident" means any occurrence or series of occurrences of the same origin, which causes pollution damage or creates an imminent threat of such loss occurred. 5. point 9 is replaced by the following: 9. "organization" means the International Maritime Organization. 6. the Following point 9 is added a new paragraph with the following text: 10. "1969 liability Convention ' means the 1969 International Convention on civil liability for oil pollution damage. In respect of the 1969 liability Convention the Contracting States to the Protocol of 1976, the following reference must be considered for comprehensive 1969 liability Convention with amendments to that Protocol. Article 3 of the 1969 liability Convention article II is replaced by the following: the Convention applies only in respect of: (a) in the case of pollution damage resulting from: (i) in the territory of the Contracting States, including the territorial sea, and (ii) the Contracting States in the exclusive economic zone, established in accordance with international law, or, if the Contracting States is determined by the Contracting States of this zone, the territorial sea adjacent to its existing territory in or behind the set by that State in accordance with international law and not exceeding 200 nautical miles from the baselines from which the territorial sea is measured in width; (b) the following loss prevention or mitigation measures wherever they are made. 4. the article of the 1969 liability Convention III article is amended as follows: 1. paragraph 1 is replaced by the following: 1. With the exception of article 2 and paragraph 3, the owner of the ship during the incident or if the incident consists of a series of occurrences, the first such incident is liable for damages from the pollution caused during this incident. 2. paragraph 4 is replaced by the following: 4. the owner may not be put to any other requirements for pollution compensation as one in accordance with this Convention. In accordance with paragraph 5 of this article, the requirements for pollution compensation in accordance with this Convention or otherwise may be made against: (a) the owner's agents or servants, or crew members; (b) the pilot or any other person who, not being a crew member, carry out their duties on board a ship; (c) any charterer of the ship (whatever the description, including a bareboat charterer), administrator or operator; (d) any person performing salvage operations with the consent of the owner or by the competent authorities of the order; (e) any person who carries out prevention measures; (f) all (c), (d) and (e) persons referred to in subparagraphs servants or agents; If one is not the result of a loss of their own acts or omissions, made with a view to cause damage or negligence, conscious that this loss could occur. 5. the article of the 1969 liability Convention article IV is replaced by the following: where the incident involving two or more ships, and it results in the loss of the pollution, then all involved ship-owners shall be jointly and severally liable for damage which is not reasonably separable, if they are not exempted from this liability, in accordance with article III. Article 6 of the 1969 liability Convention article V is amended as follows: 1. paragraph 1 is replaced by the following: 1. the liability of the shipowner in respect of one incident in accordance with this Convention is limited to the total amount, which is calculated as follows: (a) 3 million units of account for a ship not exceeding 5 000 gross tonnage unit; (b) for vessels with a tonnage of more than the above, per additional tonnage unit at (a) the amount referred to in paragraph 420 of the overhead of account; provided, however, that this overall amount shall in no case exceed 59.7 million units of account. 2. paragraph 2 is replaced by the following: 2. The owner shall not be entitled to this limitation of liability referred to in the Convention if it is proved that the loss resulted from pollution, caused by his own act or omission, committed with the aim of creating such losses, or neglect, the result of which could anticipate such loss. 3. paragraph 3 is replaced by the following: 3. in order to give yourself the option of using the paragraph 1 of this article, the limitation of liability set out in, the owner should create a Fund for the total of his representation of the limitation of liability by the Contracting States in the Court or other competent authority, in which the proceedings have been initiated against him under article IX or, if it is not started, the Contracting States to the Court or other competent authority, in accordance with article IX which can be launched in the court proceedings. The Fund can be created, and this deposit amount and submit a bank guarantee or other guarantee, acceptable under the law of the Contracting States where the Foundation is created, and by the Court or other competent authority considers sufficient. 4. point 9 is replaced by the following: 9. (a) in paragraph 1 of this article, the aforementioned "unit of account" means the International Monetary Fund in certain special borrowing rights. the amount referred to in paragraph 1 shall be converted into national currency on the basis of taking the currency exchange value under special borrowing rights day, which created the Fund referred to in paragraph 3. The Contracting States, which is a member of the International Monetary Fund, the value of the national currency in Specific legal meaning borrowing is calculated according to the valuation method, which on the relevant date to its operations and transactions apply to the International Monetary Fund. The Contracting States, which is not a member of the International Monetary Fund, the value of the national currency calculated in this country. 9. (b) Notwithstanding the above, the Contracting States, which is not a member of the International Monetary Fund and whose law does not permit 9. (a) the application of the provisions of paragraph 1, this Convention can be an instrument of ratification, acceptance, approval, accession or later to announce that 9. (a) the unit of account referred to in paragraph 1 shall be equal to 15 gold francs. At this point the gold franc is equal to sixty-five and a half (900) of the highest purity gold milligrams value. The gold franc conversion of the value of the national currency in accordance with national law. 9. (c) (a) of paragraph 9 the last sentence of the above calculation and 9 (b) above for the conversion to take place so that the Contracting States to be expressed in the national currency at the same amount referred to in paragraph 1 of the real value as it should, in applying paragraph (a), 9 the first three sentences. The Contracting States States by depositing an instrument of ratification, acceptance, approval or accession, or at any time in the future when any changes are made, shall be submitted in accordance with paragraph 9 (a) the calculation is to be made or in accordance with paragraph 9 (b) conversion of to a description of the procedure, depending on the situation. 5. point 10 is replaced by the following: 10. The purpose of this article the tonnage of a vessel's gross tonnage calculated in accordance with the 1969 in annex I to the International Convention on tonnage measurement of the calculation rules. 6. the second sentence of paragraph 11 is replaced by the following: the Fund may be established even if the owner in accordance with the provisions of paragraph 2 shall not be entitled to limit his liability, but it does not in any way limit the rights of any claimant against the owner. Article 7 of the 1969 liability Convention article VII is amended as follows: 1. in paragraph 2, the first two sentences are replaced by the following: If the appropriate authorities of the Contracting States have acknowledged that paragraph 1 is satisfied, it shall issue a certificate attesting that insurance or other financial guarantee is in force in accordance with the provisions of this Convention. The Contracting States in respect of ships registered in such certificate shall be issued or certified by the State of registry of the ship concerned; in relation to the vessel, which is registered in the Contracting States, may be issued to it or confirm any of the Contracting States in the relevant authority. 2. paragraph 4 is replaced by the following: 4. This certificate must be kept on board the ship and a copy shall be submitted to the authorities, which store the records in the ship's registry or, if the ship is not registered in the Contracting States, the authorities, which have issued or approved by the licence. 3. the first sentence of paragraph 7 is replaced by the following text: other States for the purpose of this Convention, the Contracting States are to be adopted by the Contracting States the authorities in accordance with paragraph 2 shall be issued or approved the licence, and must give them the same legal effect in their own State authorities or the approved certificates issued, even if it is created or approved for vessels that are not registered in the Contracting States. 4. paragraph 7, second sentence, the words "with the State of registration ' shall be replaced by the words" by picking or approval ". 5. the second sentence of paragraph 8 is replaced by the following text: in such case the defendant may, even if the owner is not obliged to limit his liability in accordance with paragraph 2 of article V, apply to yourself in paragraph 1 of article V of these limitations of liability. Article 8 of the 1969 liability Convention article IX is amended as follows: a paragraph 1 is replaced by the following: 1. If one or more of the territories of the Contracting States, including the territorial sea or area referred to in article II, the incident has caused damage from pollution or, if protection measures are taken to prevent or minimise pollution in such territory, including the territorial sea or area, court proceedings for compensation can be initiated only by the Contracting States, or of any of the Contracting States of such a court. The defendant of any such judicial proceedings must be communicated in an appropriate way. 9. Article behind the 1969 liability Convention article XII is added two new articles in the following versions: XII2 article transitional provisions in relation to the country in which the incident has both the Convention and the 1969 liability Convention, the Contracting States shall apply the following transitional provisions: (a) where an incident has caused pollution damage under this Convention, the responsibility arising under this Convention, is cancelled or reduced to an amount also, as provided for in the 1969 liability Convention; (b) if the incident occurred as a result of losses from pollution under this Convention, and the country is both this and the 1971 International Convention on the establishment of an International Fund for oil pollution compensation in the Contracting States, by (a) of this article, the application of the general liability under this Convention shall be established only to the extent that these losses from pollution remains uncompensated after that 1971 Convention; (c) the application of this Convention, article III, paragraph 4, the phrase "this Convention", the following text should be interpreted as a reference to this Convention or the 1969 liability Convention; (d) the application of this Convention to paragraph 3 of article V, the total amount of the Fund is reduced by the amount of liability is deemed reasonable in accordance with subparagraph (a) of this article. Article XII3 of this Convention the final clauses the final rules is the 1992 Protocol amending the 1969 liability Convention article 12-18. The references to the Contracting States of this Convention, States should be considered as references to the Contracting States of the said Protocol. Article 10 of the 1969 liability Convention certificate is replaced by the model annexed to this Protocol the licence model. 1. Article 11 1969 liability Convention and its Protocol between the Contracting States to this Protocol states clearly and interpreted together as one single document. 2. of the 1969 liability Convention as amended by this Protocol, I-XII3 article, including a sample of the certificate is treated as the 1992 International Convention on civil liability for oil pollution damage (1992 Liability Convention). The final QUESTION in the article 12 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open for signature to all States in London from 15 January 1993 to 14 January 1994. 2. in accordance with paragraph 4, any State may become party to this Protocol: (a) signature with added for ratification, acceptance or approval, followed by ratification, acceptance or approval; or (b) joining. 3. Ratification, acceptance, approval or accession shall be effected by sending a formal instrument with the Secretary-General. 4. Any of the 1971 International Convention on the establishment of an International Fund for oil pollution compensation, hereinafter referred to as the 1971 Fund Convention, the Contracting States may ratify, accept, approve or accede to this Protocol only if at the same time it ratifies, accepts, approves of the 1992 Protocol amending that Convention, or accede to it, unless it denounces the 1971 Fund Convention entry into force, denunciation, the date when this Protocol shall enter into force with respect to that country. 5. A State which is a party to this Protocol, but not of the 1969 liability Convention, the Contracting States are bound by this Protocol as amended by the 1969 liability Convention in relation to the other Contracting States, but they are not bound by the 1969 liability Convention in relation to the Contracting States of this Convention. 6. any instrument of ratification, acceptance, approval or accession, submitted after the entry into force of this Protocol, amendments to the 1969 liability Convention, is considered such a supplement applicable to the Convention as amended by this Protocol. Article 13 entry into force 1 this Protocol shall enter into force twelve months from the date on which ten States, including four States each with not less than one million gross tonnage of tanker unit, have deposited with the Secretary-General of the instrument of ratification, acceptance, approval or accession. 2. However, any 1971 Fund Convention the Contracting States may, by this Protocol, the instrument of ratification, acceptance, approval or accession, declare that such instrument should not be considered as valid for the purpose of this article to the 1992 Protocol on the amendment to the 1971 Fund Convention referred to in article 31 of the six months deadline. Non Foundation, 1971 by the Contracting States to the Convention, but giving the instrument of ratification, acceptance, approval or accession in relation to the 1992 Protocol on the amendment to the 1971 Fund Convention, the same statement may be made in accordance with this paragraph. 3. any State which has made a notification in accordance with the preceding article, may be withdrawn at any time, by writing to the Secretary-General of the notification. Any such withdrawal shall take effect on the date on which the notification has been received, provided that this country from that date be deemed to have submitted an instrument of ratification, acceptance, approval or accession in respect of this Protocol. 4. For any State which ratifies the Protocol, accept, approve or accede to it after you have met the provisions of paragraph 1 of the entry into force, this Protocol shall enter into force twelve months from the date on which that State has submitted the relevant instrument. Article 14 review and amend 1. Organization may convene a conference with a view to revising or amending the 1992 Liability Convention. 2. the Conference of the Contracting States with a view to revising or amending the 1992 Liability Convention shall be convened by the Organisation for not less than one third of the Contracting States. Article 15 amendment of limitation amounts. 1. by not less than one quarter of the Contracting States in the demand of any proposal for the amendment of the limits of liability established under the Protocol, as amended by the 1969 liability Convention in paragraph 1 of article V, the Secretary-General must be sent to all members of the organisation and to all Contracting States. 2. in the above proposed amendment must be submitted to and disseminated to the legal Committee of the Organisation for consideration no later than six months Since the moment of departure. 3. All amended by this Protocol of the 1969 liability Convention Contracting States States, whether or not they are members of the organisation, shall be entitled to participate in the work of the Committee on Legal Affairs and the adoption of the amendment. 4. The legal Committee, created in accordance with paragraph 3, the amendments are accepted by the Contracting States present and voting in a two-thirds majority, moreover, at the time of voting must be represented at least half of the Contracting States. 5. when considering proposals for amendment of the limits, the legal Committee shall take into account the practice of incidents and in particular the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. It should also take into account the relationship between the 1969 liability Convention as amended by this Protocol, in paragraph 1 of article V of the limits set and the limit laid down in the 1992 International Convention on the establishment of an International Fund for oil pollution compensation in article 4, paragraph 4. 6. (a) Until 15 January 1998, as well as five years after the previous mentioned in this article, the entry into force of the amendment cannot be considered any amendment referred to in this article, the ceiling. No amendment of this article cannot be considered before the entry into force of this Protocol. (b) No Limit may be increased so as to exceed this Protocol amended the 1969 liability Convention as defined in the appropriate limit, which increased by six percent a year, on the basis of the State on 15 January 1993. (c) No Limit may be increased so as to exceed the triple, with this Protocol to the 1969 liability Convention as defined in the appropriate limit. 7. for everyone in accordance with paragraph 4 of the amendments adopted by the Organization shall inform the Contracting States. Amendment shall be considered adopted within 18 months of the end of the period after the date on which the notification is made, unless the period of at least one quarter of the States that were Contracting States at the time of the adoption of this amendment in the Committee on Legal Affairs, have not submitted a notification to the organisation that they do not accept the amendment; in this case the amendment is rejected and shall not come into effect. Amendment 8, which is regarded as accepted in accordance with paragraph 7 shall enter into force eighteen months from the date of its adoption. 9. all Contracting States are bound by the amendment, unless they denounced this Protocol in accordance with article 16, paragraph 1 and 2 at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force. 10. If, at the time of the amendment has already been adopted in the Committee on Legal Affairs, but is within eighteen months of receipt of requests, a State becomes a Contracting States, it is bound by the amendment if it enters into force. State which becomes a Contracting States after that date, shall be binding on the amendment adopted in accordance with paragraph 7. In the cases referred to in this paragraph, a State becomes bound by an amendment when it enters into force, or when, in respect of a given country for the entry into force of this Protocol, if later. Article 16 denunciation 1. each can denounce this Protocol, the Contracting States any time after it has entered into force with respect to that country. 2. the denunciation shall be effected by depositing with the Secretary-General the instrument. 3. following the deposit with the Secretary-General of the denunciation shall take effect twelve months or other time period specified in the instrument of denunciation. 4. Between the Contracting States to this Protocol, each of them denouncing the 1969 liability Convention in accordance with its article XV, it in no way can be considered of the 1969 liability Convention as amended by this Protocol, the denunciation. 5. the 1992 Protocol on the amendment to the 1971 Fund Convention, the denunciation by the Government, which remains the 1971 Fund Convention, the Contracting States shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which in accordance with article 34 of the Protocol shall enter into force on the 1992 Protocol on the amendment to the 1971 Fund Convention. Article 17 depositary 1. this Protocol, and each, in accordance with article 15 amendment adopted must be deposited with the Secretary-General. 2. The Secretary-General: (a) inform all States which have signed this Protocol or acceded thereto of: (i) each new signature or deposit of an instrument to indicate the facts; (ii) each Declaration and communication under article 13, and any Declaration and application under the 1992 Liability Convention article V paragraph 9; (iii) the date of entry into force of the present Protocol; (iv) anyone in accordance with article 15 paragraph 1 expressed in the proposal to amend the limit of the amount of the refund; (v) any amendment adopted in accordance with article 15, paragraph 4; (vi) any amendment deemed to have been accepted in accordance with article 15, paragraph 7, specifying the date on which this amendment to enter into force in accordance with article 8 and referred to paragraph 9; (VII) any denunciation of this Protocol together, indicating the date of the deposit and the date on which denunciation takes effect; (VIII) any denunciation deemed to be made in accordance with paragraph 5 of article 16; (ix) any requested under this Protocol document; (b) transmit certified copies of this Protocol to all Contracting States and all countries that are parties to this Protocol. 3. As soon as this Protocol enters into force, the Secretary-General transmitted the text of the registration and publication of the United Nations Secretariat under the United Nations Charter, article 102. the language of article 18 this Protocol shall be drawn up in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Signed in LONDON one thousand nine hundred and ninety-two twenty-seventh day of November. In witness whereof, the undersigned [*], for this purpose, duly authorised representatives have signed this Protocol. [*] signatures are released


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