Key Benefits:
Original text
(State 1 Er November 2003)
The States Parties to this Convention,
Aware of the risks of pollution created by the international shipping of bulk oil,
Convinced of the need to ensure fair compensation for persons suffering damage caused by pollution resulting from leaks or discharges of oil from ships,
Willing to adopt uniform rules and procedures at the international level to define liability issues and ensure fair redress on such occasions,
Agreed to the following provisions:
For the purposes of this Convention:
1. "Ship" means any marine vessel or marine equipment, whatever it is, constructed or adapted for the transport of bulk oil as cargo, provided that a ship capable of transporting oil and other cargo does not Be considered to be a ship only when it actually transports bulk oil as cargo and during any voyage resulting from such carriage, unless it is established that no residue of that transport remains on board Of bulk oil. 1
2. "Person" means any natural person or legal person of public or private law, including a State and its political subdivisions.
3. "Owner" means the person or persons on whose behalf the ship is registered or, in the absence of registration, the person or persons whose vessel is the property. However, in the case of ships owned by a State and operated by a company which, in that State, is registered as the operator of the ships, the expression "owner" means that company.
4. "State of registration of the ship" means, in respect of registered ships, the State in which the ship was registered, and in respect of non-registered ships the State of which the ship beats the flag.
5. "Hydrocarbons" means all persistent mineral hydrocarbons, including crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on a ship as cargo or in the welts of that vessel. Vessel. 2
6. "Pollution damage" means:
7. "Safeguard measures" means any reasonable measures taken by any person after the occurrence of an event to prevent or limit pollution.
8. "Event" means any fact or set of facts having the same origin and which results from pollution or constitutes a serious and imminent threat of pollution. 4
9. "Organization" means the International Maritime Organization. 5
10. "1969 Liability Convention" means the 1969 International Convention on Civil Liability for Oil Pollution Damage. For the States party to the 1976 Protocol to the Convention, the term refers to the 1969 Convention on Liability, as amended by this Protocol. 6
1 New content according to Art. 2 hp. 1 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
2 New content according to Art. 2 hp. 2 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
3 New content according to Art. 2 hp. 3 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
4 New content according to Art. 2 hp. 4 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
5 New content according to Art. 2 hp. 5 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
6 Introduced by Art. 2 hp. 6 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
This Convention shall apply exclusively to:
1 New content according to Art. 3 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
1. The owner of the ship at the time of an event or, if the event consists of a succession of facts, at the time of the first occurrence, shall be responsible for any pollution damage caused by the ship and resulting from the event, except in the Cases provided by s. 2 and 3 of this article. 1
2. Owner is not liable if he proves that the damage caused by pollution
3. If the owner proves that the pollution damage is wholly or partly the result of the fact that the person who has suffered it has acted or failed to act with the intention of causing injury or the negligence of that person, the owner may Be exempt from all or part of its liability to that person.
4. No claim for compensation for pollution damage may be filed against the owner other than on the basis of this Convention. Subject to subs. 5 of this Article, no claim for compensation for damage caused by pollution, whether or not based on this Convention, cannot be made against:
Unless the damage is caused by their personal act or omission, committed with the intention of causing such damage, or committed recklessly and with an awareness that such damage would likely result. 2
5. Nothing in this Convention shall affect the owner's rights of recourse against third parties.
1 New content according to Art. 4 hp. 1 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
2 New content according to Art. 4 hp. 2 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
When an event involves more than one ship and the resulting pollution damage results, the owners of all the vessels in issue are, subject to the exemptions set out in s. III, jointly and severally liable for all damage that is not reasonably divisible.
1 New content according to Art. 5 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
The owner of a ship shall be entitled to limit its liability under this Convention to a total amount per event calculated as follows:
However, it is understood that the total amount will not in any case exceed 89,770 000 units of account. 1
(2) The owner is not entitled to limit his liability under this Convention if it is proved that the damage caused by pollution is the result of his personal act or omission, committed with the intention of causing such damage, or Recklessly and conscientiously that such damage would likely result. 2
3. In order to benefit from the limitation provided for in paragraph 1 of this Article, the owner shall constitute a fund raising the limit of liability to the court or any other competent authority of any of the States Contractors where an action is commenced under s. IX or, in the absence of such action, before a court or other competent authority of any of the Contracting States where an action may be instituted under Art. IX. The fund may be constituted either by the deposit of the sum or by the presentation of a bank guarantee or any other acceptable guarantee permitted by the law of the Contracting State in which the fund is constituted, and deemed satisfactory By the court or any other competent authority. 3
4. The distribution of the fund between creditors shall be effected in proportion to the amounts of the claims admitted.
5. If, prior to the distribution of the fund, the owner, his agent or his agent, or any person providing the insurance or other financial guarantee has, as a result of the event, paid an indemnity for pollution damage, that person Is subrogated, to the extent that it has paid, to the rights that the person compensated would have had under this Convention.
6. The right of subrogation under subs. 5 of this Article may be exercised by a person other than those mentioned therein with regard to any amount that it would have paid in order to repair the pollution damage, provided that such subrogation is permitted by law Applicable national.
7. Where the owner or any other person determines that he or she may be required to pay in whole or in part an amount for which he or she would have benefited from subrogation under subs. 5 or 6 of this article if the indemnity had been paid before the distribution of the fund, the court or other competent authority of the State where the fund is constituted may order that a sufficient sum be provisionally reserved for the purpose of The person concerned to subsequently assert his rights in the fund.
8. As far as they are reasonable, the expenses incurred and the sacrifices made voluntarily by the owner in order to avoid or reduce pollution confer on the owner on the fund equal rights to those of other creditors.
For the purposes of this Article, the tonnage of the vessel shall be the gross tonnage calculated in accordance with the gauging rules set out in Annex I to the International Convention on the Tonnage Measurement of Ships, 1969. 5
11. The insurer or any other person from whom the financial guarantee emanates may constitute a fund in accordance with this Article under the same conditions and with the same effects as if the fund were constituted by the owner. Such a fund may be constituted even where, under the provisions of s. 2, the owner is not entitled to limit his liability, but the constitution does not, in this case, affect the rights of the victims to the owner. 6
1 New content according to Art. 6 hp. 1 prot. Of 27 Nov 1992, in the content of 18 Oct. 2000, in force since 1 Er Nov 2003 (RS 0.814.291.2 ).
2 New content according to Art. 6 hp. 2 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
3 New content according to Art. 6 hp. 3 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
4 New content according to Art. 6 hp. 4 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
5 New content according to Art. 6 hp. 5 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
6 New wording of the sentence according to Art. 6 hp. 6 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
L. Where, after the event, the owner has established a fund pursuant to s. V and is entitled to limit its liability,
2. The preceding provisions, however, apply only if the applicant has access to the court which controls the fund and whether the fund can actually be used to cover his application.
L. The owner of a ship registered in a Contracting State and carrying more than 2000 tonnes of bulk oil as cargo shall be required to take out insurance or other financial security, such as bank guarantee or Certificate issued by an international compensation fund, of an amount determined by application of the limits of liability set out in s. V, by. L, to cover its liability for pollution damage in accordance with the provisions of this Convention.
2. A certificate attesting that an insurance or other financial guarantee is valid in accordance with the provisions of this Convention shall be issued to each ship after the competent authority of the Contracting State has ensured that The ship complies with the requirements of s. 1. In the case of a ship registered in a Contracting State, that certificate shall be issued or referred to by the competent authority of the State of registration of the ship; in the case of a ship not registered in a Contracting State, the certificate May be issued or referred to by the competent authority of any Contracting State. 1 The certificate must conform to the attached template and contain the following information:
3. The certificate shall be established in the official language or languages of the issuing State. If the language used is neither English nor French, the text includes a translation into one of those languages.
4. The certificate shall be on board the ship and a copy shall be filed with the authority holding the registry of the ship or, if the ship is not registered in a Contracting State, with the authority of the State which Issued or referred to the certificate. 2
5. An insurance or other financial guarantee shall not satisfy the provisions of this Article if it may cease to have effect, for a reason other than the expiry of the period of validity indicated in the certificate pursuant to s. 2 of this Article, before the expiration of three months from the day on which notice was given to the authority cited in subs. 4 of this Article, unless the certificate has been returned to that authority or a new valid certificate has been issued before the end of that period. The foregoing shall also apply to any change in the insurance or financial guarantee having the effect that it no longer satisfies the provisions of this Article.
The State of registration shall determine the conditions for the grant and validity of the certificate, subject to the provisions of this Article.
7. Certificates issued or subject to the responsibility of a Contracting State under subs. 2 shall be recognised by other Contracting States for the purposes of this Convention and shall be regarded by them as having the same value as the certificates issued and referred to by themselves, even in the case of a ship which is not Registered in a Contracting State. 3 A Contracting State may at any time request the State which issued or targeted the certificate 4 An exchange of views if it considers that the insurer or guarantor on the certificate is not financially capable of meeting the obligations imposed by the Convention.
8. Any claim for damages due to pollution may be made directly against the insurer or the person from whom the financial guarantee emanates from the liability of the owner for pollution damage. In such a case, the defendant may, even where the owner is not entitled to limit his liability in accordance with art. V, para. 2, take advantage of the limits of liability set out in s. V, para. 1. 5 The defendant may also avail himself of the means of defence which the owner himself would be entitled to rely on, except those alleging bankruptcy or liquidation of the owner. In addition, the defendant may rely on the fact that the pollution damage is the result of intentional fault
Of the owner himself, but he cannot rely on any of the other defences that he could have relied upon in an action brought by the owner against him. The defendant may in any case oblige the owner to join the proceedings.
9. Any fund consisting of insurance or other financial security under s. L of this Article shall be available only for the settlement of allowances due under this Convention.
(10) A Contracting State shall not authorise a ship subject to the provisions of this Article and flying its flag to trade if that ship is not equipped with a certificate issued pursuant to subs. 2 or 12 of this article.
Subject to the provisions of this Article, each Contracting State shall ensure that, according to its national law, insurance or other financial guarantee corresponding to the requirements of subs. 1 of this Article covers any ship, irrespective of its place of registration, which enters its ports or leaves them or arrives at terminal facilities off the coast in its territorial sea or leaves them, if it Effectively transports more than 2000 tonnes of bulk oil as cargo.
12. If a ship owned by the State is not covered by insurance or other financial security, the relevant provisions of this Article shall not apply to that ship. The ship shall, however, be provided with a certificate issued by the competent authorities of the State of registry certifying that the ship is the property of that State and that its liability is covered within the limits set out in Art. V by. 1. This certificate follows as closely as possible the model prescribed in par. 2 of this article.
1 New Content of 1 Res Sentences according to art. 7 ch. 1 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
2 New content according to Art. 7 ch. 2 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
3 New content according to Art. 7 ch. 3 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
4 New content according to Art. 7 ch. 4 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
5 New wording of the sentence according to Art. 7 ch. 5 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
The rights to compensation provided for in this Convention shall be extinguished in the absence of legal action brought pursuant to the provisions of this Convention within three years from the date on which the damage occurred. However, no legal proceedings may be instituted after a period of six years from the date of the occurrence of the event that caused the damage. When this event occurred in several stages, the six-year period runs from the first of these stages.
1. Where an event has caused pollution damage in the territory, including the territorial sea, or in an area as defined in Art. II, one or more Contracting States, or that safeguard measures have been taken to prevent or mitigate any damage caused by pollution in that territory, including the sea
Or in such a zone, a claim for compensation may only be made before the courts of that Contracting State or States. Notice must be given to the defendant, within a reasonable time, of the introduction of such applications. 1
(2) Each Contracting State shall ensure that its courts have jurisdiction to hear such remedies.
3. After the establishment of the Fund in accordance with the provisions of Art. V, the courts of the State where the fund is constituted shall have exclusive jurisdiction to decide on all matters relating to the distribution and distribution of the fund.
1 New content according to Art. 8 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
1. Any judgment of a court of competent jurisdiction under s. IX, which is enforceable in the State of origin where it can no longer be the subject of an ordinary remedy, is recognised in any other Contracting State, except:
2. Any judgment that is recognized under s. 1 of this Article shall be enforceable in each Contracting State as soon as the procedures required in that State have been complied with. These procedures cannot allow a revision to the substance of the application.
(1) The provisions of this Convention shall not apply to warships and other ships belonging to or operated by a State and assigned exclusively, at that time, to a State non-commercial service.
2. As regards ships belonging to a Contracting State and used for commercial purposes, each State shall be liable to prosecution before the courts referred to in Art. IX and renounce all defences which it could rely on as a sovereign State.
This Convention shall prevail over international conventions which, on the date on which it is open for signature, are in force or open for signature, ratification or accession, but only to the extent that such conventions Shall be in conflict with it; however, this provision shall not affect the obligations of Contracting States to non-Contracting States as a result of those Conventions.
The following transitional provisions shall apply in the case of a State which, on the date of an event, is a Party to both this Convention and the 1969 Convention on Liability:
1 Introduced by Art. 9 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
The final clauses of this Convention are the art. 12 to 18 of the 1992 Protocol amending the 1969 Convention on Liability. References in this Convention to the Contracting States shall be regarded as references to the Contracting States to that Protocol.
1 Introduced by Art. 9 prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
(1) This Convention shall remain open for signature until 31 December 1970 and shall remain open for accession.
2. The member States of the United Nations, of any of its specialized agencies or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice may become parties to the Present Convention by:
(1) Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument with the Secretary-General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession, deposited after the entry into force of an amendment to this Convention in force in respect of all Contracting States to the Convention or after the completion of All measures required for the entry into force of the amendment in respect of the said Contracting States shall be deemed to apply to the Convention as amended by the amendment.
(1) This Convention shall enter into force on the ninetieth day after the date on which the governments of eight States, including five representatives of States with at least 1 million gross tons in tankers, or Signed without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General of the Organization.
2. For each State ratifying, accepting, approving or acceding to the Convention, it shall enter into force on the ninetieth day after the deposit by that State of the appropriate instrument.
(1) This Convention may be terminated by any of the Contracting States after its entry into force.
(2) Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization.
(3) Denunciation shall take effect one year after the date of the deposit of the instrument with the Secretary-General of the Organization or at the expiration of any longer period that may be specified in that instrument.
The United Nations, when it assumes responsibility for the administration of a territory, or any Contracting State responsible for the international relations of a territory, shall consult as soon as possible with the competent authorities of In order to extend the application of this Convention and, at any time, by written notification to the Secretary-General of the Organization, to make known that such an extension has taken place.
(2) The application of this Convention shall be extended to the territory designated in the notification from the date of receipt of this Convention or such other date as may be indicated.
(3) The United Nations, or any Contracting State which has made a declaration under the first paragraph of this Article, may at any time after the date on which the application of the Convention has so been extended to a territory Know, by written notification addressed to the Secretary-General of the Organization, that this Convention shall cease to apply to the territory designated in the notification.
(4) This Convention shall cease to apply to the territory designated in the notification one year after the date of its receipt by the Secretary-General of the Organization or at the expiration of any other longer period specified in the notification.
(1) The Organization may convene a conference to revise or amend this Convention.
(2) The Organization shall convene a conference of the Contracting States whose object is to revise or amend this Convention at the request of at least one third of the Contracting States.
This Convention shall be deposited with the Secretary-General of the Organization.
2. The Secretary-General of the Organization:
Upon entry into force of this Convention, the Secretary-General of the Organization shall transmit the text to the Secretariat of the United Nations for registration and publication, in accordance with Art. 102 of the United Nations Charter.
This Convention shall be established in a single copy in the English and French languages, both texts being equally authentic. Official translations into Russian and Spanish languages shall be drawn up with the original copy bearing signatures.
In witness whereof, The undersigned, duly authorized to that effect by their Governments, have signed this Convention.
Done at Brussels, 27 November 1969.
(Suivent signatures)
Issued in accordance with the provisions of s. VII of the 1992 International Convention on Civil Liability for Oil Pollution Damage.
Name of vessel |
Distinctive letters or numbers |
Registration Port |
Owner's name and address |
The undersigned hereby certifies that the aforementioned ship is covered by an insurance policy or other financial guarantee satisfactory to the provisions of Art. VII of the 1992 International Convention on Civil Liability for Oil Pollution Damage.
Warranty Type |
Warranty Duration |
Name and address of insurer (or insurers) and/or guarantor (or guarantors) |
Name |
Address |
This certificate is valid until the |
Issued or targeted by the government of |
(full name of the state)
Done at |
The |
|
(location) |
(date) |
|
Signature and title of the agent issuing or targeting the certificate |
Explanatory Notes:
1 New content according to Art. 10 of prot. Of 27 Nov 1992, approved by the Ass. Fed. Dec 11. 1995 and in force for Switzerland since 4 July 1997 (RS 0.814.291.2 ).
2 See the scope of the prot. Nov 27, 1992 (RS 0.814.291.2 ).