In the event of collision between seagoing ships or other seagoing vessels and inland waterway vessels, compensation due to damage caused to ships, things or persons on board shall be paid in accordance with The following provisions, without taking into account the waters where the collision occurred.

If the collision is fortuitous, if it is due to a case of force majeure, or if there are doubts as to the causes of the collision, the damage is borne by those who are tested.

This provision shall remain applicable in the event that either the vessels, or one of them, are at anchor at the time of the accident.

If the collision is caused by the fault of one of the ships, compensation for the damage shall be the responsibility of the person who committed it.

If there is a common fault, the liability of each of the vessels shall be proportionate to the seriousness of the misconduct, but if, according to the circumstances, the proportion cannot be established or if the errors appear to be Equivalent, responsibility is shared equally.

Damage caused either to the ships or to their cargo, or to the effects or other assets of the crews, passengers or other persons on board shall be borne by the ships in fault, in that proportion, without solidarity with respect to them Third parties.

Fault vessels shall be jointly and severally liable to third parties for damage caused by death or injury, except in the case of a person who has paid a greater share than that in accordance with para. 1 of this article, it must bear definitively.

It is for the national legislations to determine, with regard to this remedy, the scope and effects of the contractual or legal provisions which limit the liability of shipowners in respect of persons who are Board.

The liability established by the foregoing Articles shall remain in the event that the collision is caused by the fault of a pilot, even when the pilot is compulsory.

The action for damages suffered as a result of a collision shall not be subject to any protection or to any other special formalities.

There is no legal presumptions of fault with regard to the responsibility for the collision.

Damage repair actions are required for two years from the event.

The time limit for bringing proceedings under subs. 3 of Art. 4 is one year. This requirement runs only from the date of payment.

The causes of suspension and interruption of such requirements shall be determined by the law of the court seised of the action.

The High Contracting Parties reserve the right to admit in their laws, as extensions of the above-mentioned time limits, the fact that the defendant was not able to be seized in the territorial waters of the State in which the plaintiff has his Home or principal place of business.

After a collision, the master of each of the colliding ships shall be held, as long as he can safely do so without serious danger to ship, crew and passengers, to assist the other vessel, its crew and its passengers.

It shall also be held to the extent possible to make known to the other ship the name and the home port of its building, as well as the places where it comes from and where it goes.

The owner of the vessel is not liable for any contravention of the previous provisions.

High Contracting Parties whose legislation does not criminate infringements of the preceding Article undertake to take or propose to their respective legislatures the measures necessary to ensure that these offences are reprimed.

The High Contracting Parties shall, as soon as possible, communicate the laws and regulations which have already been enacted, or which would come to be in their States for the implementation of the previous provision.

Subject to subsequent conventions, these provisions shall not prejudice the rules on limitation of liability of shipowners, as established in each country, nor to obligations Resulting from the contract of carriage or any other contracts.

This Convention shall be without application to warships and State ships exclusively assigned to a public service.

The provisions of this Convention shall be applied in respect of all persons concerned, when all the vessels in question are nationals of the States of the High Contracting Parties and in the other cases provided for by the national laws.

However, it is understood that:

1.

That, in respect of the nationals of a non-Contracting State, the application of those provisions may be subject to the condition of reciprocity by each of the Contracting States;

2.

That, when all the persons concerned are nationals of the same State as the court seised, it is the national law and not the convention which is applicable.

This Convention extends to compensation for damage that, either by execution or omission of a manoeuvre, or by non-compliance with the regulations, a ship has caused, either to another ship, or to the things or persons on board, then Even that there would have been no collision.

Each of the High Contracting Parties shall have the option of provoing the meeting of a new Conference after three years from the entry into force of this Convention, with the aim of seeking improvements which could be And, in particular, to extend, if possible, the sphere of application.

The power of the powers which would make use of this option would have to notify its intention to the other powers, through the Belgian Government, which would convene the conference within six months.

States which have not signed this Convention are entitled to accede to it on their request. This accession will be notified by diplomatic channels to the Belgian Government and, by the latter, to each of the governments of the other contracting parties; it will be effective one month after the sending of the notification by the Belgian Government.

This Convention shall be ratified.

After the expiry of the period of one year from the date of signature of the Convention, the Belgian Government shall enter into contact with the governments of the High Contracting Parties which have declared themselves ready to ratify it, to the effect of To make a decision as to whether it should be brought into force.

The ratifications will, if necessary, be deposited immediately in Brussels and the Convention will have effect one month after the deposit.

The protocol will remain open for another year in favour of the states represented at the Brussels conference. After that period, they could only accede to it, in accordance with the provisions of Art. 15.

In the event that either of the High Contracting Parties would denounce this Convention, that denunciation would have effect only one year after the day on which it was notified to the Belgian Government and the Convention would remain in effect for the Of the other Contracting Parties.

By way of derogation from art. 16 above, it is understood that the provision of s. 5 laying down liability in the event that the collision is caused by the fault of a compulsory pilot, shall enter into force in force only when the High Contracting Parties agree on the limitation of the liability of the Vessel owners.

In witness whereof, The plenipotentiaries of the respective High Contracting Parties have signed this Convention and have affixed their stamps to it.

Done at Brussels, in one copy, on 23 September 1910.

(Suivent signatures)