Rs 0.747.205 Convention Of 15 March 1960 On The Unification Of Certain Rules Concerning Collision In Inland Navigation

Original Language Title: RS 0.747.205 Convention du 15 mars 1960 relative à l’unification de certaines règles en matière d’abordage en navigation intérieure

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.747.205 original text in the Convention for the unification of certain rules concerning collision in inland navigation concluded at Geneva on March 15, 1960, approved by the Federal Assembly on 24 June 1971 Instrument of accession deposited by the Switzerland 26 April 1972 entry into force for the Switzerland on July 25, 1972 (State July 17, 2009) art. 1 1. This Convention governs repair of the injury that occurred by reason of a collision between vessels of inland navigation in the waters of one of the Contracting Parties, boats, or persons or things in their dashboard.
2. the present Convention regulates also the repair of any damage, either by execution or omission maneuver, either by failure to comply with the regulations, an inland navigation vessel caused the waters of one of the Contracting Parties or to other vessels of inland navigation, either to persons or things on board such vessels, even though there have been no collision.
3. the fact that the vessels referred to the by. 1 and 2 of the present article are part of a same convoy shall not affect the application of this Convention.
((4 for the purposes of this Convention, a) the term "vessel" means also small craft; b) are assimilated to boats hydrofoil boats, rafts, tanks and mobile decks of boats sections, as well as dredgers, cranes, elevators, and all gear or floating of a similar nature tools.

S. 2 1. The obligation to compensate damage exists only if the damage resulted from negligence. There is no legal presumption of fault.
2. If the damage resulted from a fortuitous, due to a case of force majeure or if its causes cannot be established, it is supported by those who experienced it.
3. in the case of towing, each boat as part of a convoy is responsible if there is fault on his part.

S. 3. If the damage is caused by the fault of a single ship, the repair of the damage rests with it.

S. 4 1. If two or more boats competed by their mistakes, to carry out a damage, meet in jointly and severally in what concerns injury to people, as well as to vessels which have not committed fault and things on board these vessels, without solidarity with regard to the damage caused to other vessels and things on board these vessels.
2. If there is no joint and several liability, boats that competed by their mistakes, to realize the damage by responding against the injured in proportion to the seriousness of the faults respectively committed; However if, according to the circumstances, the proportion may not be established or faults appear as equivalent, the responsibility is shared equally.
3. If there is joint and several liability, each responsible for vessel must bear a share of the payment to the creditor equal to that determined by the by. 2 of the present article. He who pays more that its share has, for the surplus, appealed against those of his co‑debtors who paid less than their fair share. The loss entailed by the insolvency of one of the co-debtors is divided between the other codebtors in specified proportions by the by. 2 of the present article.

S. 5. liability established by the preceding articles remains where the damage is caused by the fault of a driver, even where pilotage is compulsory.

S. 6. the action for compensation of the damage suffered is subject to no special formality required before.

S. 7 1. Actions for damages are prescribed within the period of two years from the event.
2 recourse actions are prescribed within a period of one year. This requirement courses, from the day on which a final judicial decision fixing the amount of joint and several liability occurred either in the case where there would have not been such a decision, from the day of the payment giving rise to the appeal. However, with regard to actions relating to the compensation of insolvent co-debtor, prescription cannot run unless the beneficiary has been informed of the insolvency of its co‑debtor.
3. the interruption and suspension of these requirements are governed by the provisions of the law of the court seized regulating these matters.

S. 8 1. The provisions of this Convention are without prejudice to the limitations of a general nature that international agreements or national laws contribute to the responsibility of shipowners, boat owners and carriers, such as the limitations based on the tonnage of the vessel, the power of its machines or its value, or such as those resulting from the Faculty of abandonment. They do not affect either the obligations resulting from the contract of carriage or any other contracts.
2. the provisions of this Convention do not apply to compensation for damages that arise or result from the radioactive properties, or at the time of the radioactive properties with toxic, explosive properties or other hazardous nuclear fuels or radioactive waste or products properties.

S. 9 each Contracting Party may, at the time it signs or ratifies this Convention or y agree, declare a) that it reserves the right to provide in its national law or international agreements the provisions of this Convention shall apply to vessels used exclusively for the exercise of public power; b) that it reserves the right to provide in its national legislation not to apply the provisions of this Convention on the waterways reserved exclusively for its own shipping.

S. 10 1. This Convention shall be open for signature or accession by countries members of the Economic Commission for Europe and countries admitted to the Commission in a consultative capacity in accordance with the by. 8 of this Commission's mandate.
2. the countries likely to participate in some of the work of the Economic Commission for Europe in accordance with the by. 11 of the mandate of this Committee may become Contracting Parties to this Convention by acceding after its entry into force.
3. the Convention will be open for signature until 15 June 1960 included. After this date, it will be open for accession.
4. the present Convention shall be ratified.
5. the instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.

S. 11 1. This Convention shall enter into force the ninetieth day after five of the countries referred to the by. 1 of art. 10 have deposited their instruments of ratification or accession.
2. for each country that the ratifying or acceding to it after five countries have deposited their instruments of ratification or accession, this Convention enters into force the ninetieth day following the deposit of the instrument of ratification or accession countries.

S. 12 1. Each Contracting Party may denounce this Convention by notification addressed to the Secretary general of the United Nations.
2. the denunciation shall take effect twelve months after the date on which the Secretary-General has received notification.

S. 13. If, after the entry into force of this Convention, the number of Parties concerning is, as a result of denunciation, reduced less than five, the Convention shall cease to be in force from the date on which the last of such denunciations takes effect.

S. 14. any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention that the Parties could not resolve by negotiation or by any other method of settlement may be worn, at the request of any Contracting Parties concerned, before the International Court of Justice, to be decided by it.

S. 15 1. Any country may, at the time it signs this agreement or deposits its instrument of ratification or accession, declare that it does not consider itself bound by art. 14 of the Convention with regard to the referral of the dispute to the International Court of Justice. Other Contracting Parties shall be not bound by article 14 to any Contracting Party which has entered such a reservation.
2. any Contracting Party which has made a reservation in accordance with the by. 1 may at any time withdraw such reservation by a notification addressed to the Secretary general of the United Nations.

S. 16 with the exception of the reservations provided for in para. ((a) and b) art. 9 and art. 15 of this Convention, no reservations to this Convention will be permitted.

S. 17 1. After this Convention has been in force for three years any Contracting Party may, by notification to the Secretary-General of the United Nations, request the convening of a conference for the purpose of revising this Convention. The Secretary-General shall notify all Contracting Parties that request and shall convene a conference of revision if, within four months from the date of the notification sent by him, one quarter of the Contracting Parties to signify their consent to this request.
2. If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the Contracting Parties and invite them to submit, within a period of three months, the proposals that they would like to see consideration by the conference. The Secretary-General shall communicate to all Contracting Parties the order of provisional agenda for the conference, and the text of these proposals, three months before the opening date of the conference.

3. the Secretary-General will invite to any conference convened under this article all the subject countries to the by. 1 of art. 10, and the countries have become Contracting Parties pursuant to the by. 2 of art. 10 s. 18. in addition to the notifications provided for in art. 17, the Secretary general of the Organization of the United Nations shall notify the countries to the by. 1 of art. 10, as well as to countries which have become Contracting Parties in application of by. 2 of art. 10, a) the declarations made in accordance with the al. ((a) and b) art. 9, b) ratifications and accessions under art. 10, c) the dates on which the Convention enters into force in accordance with art. 11, d) denunciations under art. 12, e) the abrogation of the Convention in accordance with art. 13, f) declarations and notifications received in accordance with the by. 1 and 2 of art. 15 s. 19. the Convention is made in a single copy in the French and Russian languages. He is joined on the English and German texts. At the time of signing this Convention or depositing its instrument of ratification or accession, any country may declare that it adopts the french text the text in Russian or English text or the German text; in this case, said text shall apply also in the relations between the Contracting Parties which have worn the same right and adopted the same text. The two Russian and french texts shall be authentic in any other case.

S. 20 scope on July 17, 2009 after June 15, 1960, the original of the present Convention and the texts in English and German languages which are attached shall be deposited with the Secretary-General of the Organization of the United Nations who shall transmit to each targeted countries to the by. 1 and 2 of art. 10 of the certified true copies of this original and these texts in English and German.
In witness whereof, the undersigned, being duly authorized, have signed this Convention, done at Geneva on the fifteen day of March, one thousand nine hundred and sixty.
(Follow signatures)

Scope on July 17, 2009, States parties Ratification accession (A) Declaration of succession (S) entry into force Germany * 29 May 1973 August 27, 1973 Austria * September 27, 1962 13 September 1966 Belarus * August 30, 2006 has 28 November 2006 France * March 12, 1962 13 September 1966 Hungary * 24 July 1973 has 22 October 1973 Kazakhstan * July 14, 2003 October 12, 2003 Montenegro * October 23, 2006 S 3 June 2006 Netherlands * b June 15, 1966 September 13, 1966 Poland *.

8 May 1972 has 6 August 1972 Romania * 4 August 1969 A 2 November 1969 Russia * 26 January 1962 13 September 1966 Serbia * 12 March 2001 27 April 1992 Switzerland 26 April 1972 A 25 July 1972 * reservations and declarations.

Reservations and declarations are not published to the RO. The texts in french and English will be available at the address of the website of the United Nations: online or obtained from the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.

On 3 oct. 1990, the territory of the former Democratic Republic of Germany joined the Federal Republic of Germany.

For the Kingdom in Europe.

1972 894 RO; FF 1970 II 1273 s. 1 c. 3 af 24 June 1971 (RO 1972 892).
A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

State July 17, 2009

Related Laws