IMO E473E-2004 Civil Liability for Oil Pollution Damage 1996.pdf

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1、Protocolof1992toAmendtheInternationalConvention on Civil Liability for Oil PollutionDamage, 1969Protocolof1992toAmendtheInternationalConvention on the Establishment of anInternational Fund for Compensationfor Oil Pollution Damage, 1971Consolidated texts of theInternationalConventiononCIVIL LIABILITY

2、FOR OIL POLLUTION DAMAGE, 1992and theInternationalConventionontheEstablishment of an International Fund forCOMPENSATIONFOR OIL POLLUTION DAMAGE, 1992FinalActoftheInternational Conference on theRevision of the 1969 Civil Liability Conventionand the 1971 Fund Convention, 1992,withresolutionsBIMOLondon

3、, 1996Published in 1996by the INTERNATIONAL MARITIME ORGANIZATION4 Albert Embankment, London SE1 7SRPrinted by the International Maritime Organization, London468109753ISBN 92-801-1331-3IMO PUBLICATIONSales number: I473ECopyright # IMO 1996All rights reserved.No part of this publication may be produc

4、ed,stored in a retrieval system or transmittedin any form or by any means, electronic, electrostatic,magnetic tape, mechanical, photocopying or otherwise,without prior permission in writing from theInternational Maritime Organization.Published in 1996by the INTERNATIONAL MARITIME ORGANIZATION4 Alber

5、t Embankment, London SE1 7SR(ISBN 92-801-1331-3)Electronic edition: 2004IMO PUBLICATIONSales number: E473ECopyright # IMO1996All rights reserved.No part of this publication may be reproduced,stored in a retrieval system or transmittedin any form or by any means, electronic, electrostatic,magnetic ta

6、pe, mechanical, photocopying or otherwise,without prior permission in writing from theInternational Maritime Organization.ForewordThis publication contains the texts of the documents which resulted fromthe work of the 1992 International Conference on the Revision of the 1969Civil Liability Conventio

7、n and the 1971 Fund Convention. TheConference, which was convened by the International Maritime Organiza-tion (IMO), met in London from 23 to 27 November 1992.When it became clear that the Protocols of 1984 to the 1969 Civil LiabilityConvention and the 1971 Fund Convention would not enter into force

8、 inthe foreseeable future, work was initiated in the International Oil PollutionCompensation Fund (IOPC Fund) to elaborate new protocols with thesame substantive provisions as the 1984 Protocols but with lowerrequirements for entry into force. The Legal Committee of IMO approvedthe draft protocols p

9、repared by the IOPC Fund for submission to the 1992Diplomatic Conference.The Conference adopted the Protocol of 1992 to Amend the InternationalConvention on Civil Liability for Oil Pollution Damage, 1969, and theProtocol of 1992 to Amend the International Convention on theEstablishment of an Interna

10、tional Fund for Compensation for Oil PollutionDamage, 1971. The texts of the two Protocols are reproduced in part 1 ofthis publication. In doingso, the Conference agreed in a resolution thatthese Protocols should constitute the amendinginstruments to the 1969and 1971 Conventions and that the two Pro

11、tocols to these instrumentswhich were adopted in 1984 should no longer be viable. The Conferencealso adopted four other resolutions. The texts are reproduced in Part 3 ofthis publication, alongwith the Final Act of the Conference, to which theyare an attachment.Pursuant to the provisions of the Prot

12、ocols, the 1969 and 1971Conventions, as amended by the respective Protocols of 1992 thereto,were to be referred to respectively as the International Convention on CivilLiability for Oil Pollution Damage, 1992, and the International Conventionon the Establishment of an International Fund for Compensa

13、tion for OilPollution Damage, 1992. The Conference requested the Secretary-Generalof IMO to prepare authentic texts of those two Conventions. These textsare reproduced in Part 2 of this publication. The footnotes to the texts,which have been added by the IMO Secretariat, do not form part of theConve

14、ntions or Protocols.Except for a new article in the 1992 Protocol to the Fund Conventionintroducinga system of cappingof contributions, all substantive provisionsin the 1992 Protocols are identical to those of the 1984 Protocols.iiiContentsPart1Protocolof1992toAmendtheInternationalConventiononCivilL

15、iabilityforOilPollutionDamage,1969 3Annex:CertificateofInsuranceorOtherFinancialSecurityinRespectofCivilLiabilityforOilPollutionDamage. 18Protocolof1992toAmendtheInternationalConventionontheEstablishmentofanInternationalFundforCompensationforOilPollutionDamage,1971. 21Part2ConsolidatedtextoftheInter

16、nationalConventiononCivilLiabilityforOilPollutionDamage,1992(1992LiabilityConvention). 47Annex:CertificateofInsuranceorOtherFinancialSecurity. 64ConsolidatedtextoftheInternationalConventionontheEstablishmentofanInternationalFundforCompensationforOilPollutionDamage,1992(1992FundConvention). 67Part3Fi

17、nalActoftheInternationalConferenceontheRevisionofthe1969CivilLiabilityConventionandthe1971FundConvention,1992 99Attachment:ResolutionsadoptedbytheConferenceResolution1ResolutionontherecognitionofcertificatesissuedinaccordancewiththeInternationalConventiononCivilLiabilityforOilPollutionDamage,1969,an

18、dtheInternationalConventiononCivilLiabilityforOilPollutionDamage,1992104vResolution2ResolutionontheestablishmentoftheInternationalOilPollutionCompensationFund,1992.106Resolution3Resolutionontheneedtoavoidasituationinwhichtwoconflictingtreatyregimesareoperational.108Resolution4Resolutiononcertainprob

19、lemsoftreatylawconcerningStateswhichhavealreadyexpressedtheirconsenttobeboundbythe1984Protocols109Resolution5Resolutionontheacceptanceofaninterimcapon contributions payable by oil receiversin any given State . . 111ContentsviPart1Protocol of 1992 to Amend theInternational Conventionon Civil Liabilit

20、y forOil Pollution Damage,1969THE PARTIES TO THE PRESENT PROTOCOL,HAVING CONSIDERED the International Convention on Civil Liability forOil Pollution Damage, 1969, and the 1984 Protocol thereto,HAVING NOTED that the 1984 Protocol to that Convention, whichprovides for improved scope and enhanced compe

21、nsation, has not enteredinto force,AFFIRMING the importance of maintainingthe viability of the internationaloil pollution liability and compensation system,AWARE OF the need to ensure the entry into force of the content of the1984 Protocol as soon as possible,RECOGNIZING that special provisions are

22、necessary in connection with theintroduction of correspondingamendments to the International Conven-tion on the Establishment of an International Fund for Compensation forOil Pollution Damage, 1971,HAVE AGREED as follows:Article 1The Convention which the provisions of this Protocol amend is theInter

23、national Convention on Civil Liability for Oil Pollution Damage,1969, hereinafter referred to as the 1969 Liability Convention. For StatesParties to the Protocol of 1976 to the 1969 Liability Convention, suchreference shall be deemed to include the 1969 Liability Convention asamended by that Protoco

24、l.3.Article 2Article I of the 1969 Liability Convention is amended as follows:1 Paragraph 1 is replaced by the following text:1 Ship means any seagoing vessel and seaborne craft of any typewhatsoever constructed or adapted for the carriage of oil in bulk ascargo, provided that a ship capable of carr

25、ying oil and other cargoesshallberegardedasashiponlywhenitisactually carryingoilinbulkascargo and during any voyage following such carriage unless it is provedthat it has no residues of such carriage of oil in bulk aboard.2 Paragraph 5 is replaced by the following text:5 Oil means any persistent hyd

26、rocarbon mineral oil such as crudeoil, fuel oil, heavy diesel oil and lubricating oil, whether carried onboard a ship as cargo or in the bunkers of such a ship.3 Paragraph 6 is replaced by the following text:6 Pollutiondamage means:(a) loss or damage caused outside the ship by contaminationresulting

27、 from the escape or discharge of oil from the ship,wherever such escape or discharge may occur, provided thatcompensation for impairment of the environment otherthan losses of profit from such impairment shall be limitedto costs of reasonable measures of reinstatement actuallyundertaken or to be und

28、ertaken;(b) the costs of preventive measures and further loss or damagecaused by preventive measures.4 Paragraph 8 is replaced by the following text:8 Incident means any occurrence, or series of occurrences havingthe same origin, which causes pollution damage or creates a grave andimminent threat of

29、 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:1992 CLC Protocol410 1969LiabilityConvention means the International Convention onCivil Liability for O

30、il Pollution Damage, 1969. For States Parties to theProtocol of 1976to that Convention, the term shall be deemed toinclude the 1969 Liability Convention as amended by that Protocol.Article 3Article II of the 1969 Liability Convention is replaced by the followingtext:This Convention shall apply exclu

31、sively:(a) to pollution damage caused:(i) in the territory, including the territorial sea, of aContracting State, and(ii) in the exclusive economic zone of a Contracting State,established in accordance with international law, or, ifa Contracting State has not established such a zone, inan area beyon

32、d and adjacent to the territorial sea ofthat State determined by that State in accordance withinternational law and extending not more than 200nautical miles from the baselines from which thebreadth of its territorial sea is measured;(b) to preventive measures, wherever taken, to prevent orminimize

33、such damage.Article 4Article III of the 1969 Liability Convention is amended as follows:1 Paragraph 1 is replaced by the following text:1 Except asprovided inparagraphs2and3ofthisarticle,theownerof a ship at the time of an incident, or, where the incident consists of aseries of occurrences, at the t

34、ime of the first such occurrence, shall beliable for any pollution damage caused by the ship as a result of theincident.2 Paragraph 4 is replaced by the following text:1992 CLC Protocol54 No claim for compensation for pollution damage may be madeagainst the owner otherwise than in accordance with th

35、is Convention.Subject to paragraph 5 of this article, no claim for compensation forpollution damage under this Convention or otherwise may be madeagainst:(a) the servants or agents of the owner or the members of thecrew;(b) the pilot or any other person who, without being a memberof the crew, perfor

36、ms services for the ship;(c) any charterer (howsoever described, including a bareboatcharterer), manager or operator of the ship;(d) any person performing salvage operations with the consentof the owner or on the instructions of a competent publicauthority;(e) any person taking preventive measures;(

37、f) allservantsoragentsof personsmentionedinsubparagraphs(c), (d) and (e);unless the damage resulted from their personal act or omission,committed with the intent to cause such damage, or recklesslyand with knowledge that such damage would probably result.Article 5Article IV of the 1969 Liability Con

38、vention is replaced by the followingtext:When an incident involving two or more ships occurs and pollutiondamage resultstherefrom,theownersofalltheshipsconcerned,unlessexonerated under article III, shall be jointly and severally liable for allsuch damage which is not reasonably separable.1992 CLC Pr

39、otocol6Article 6Article 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 underthis Convention in respect of any one incident to an aggregate amountcalculated as follows:(a) 3 millio

40、n units of account for a ship not exceeding 5,000units of tonnage;(b) for a ship with a tonnage in excess thereof, for eachadditional unit of tonnage, 420 units of account in additionto the amount mentioned in subparagraph (a);provided, however, that this aggregate amount shall not in anyevent excee

41、d 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 thisConvention if it is proved that the pollution damage resulted from hispersonal act or omission, committed with the intent to cause suchdamage, or reckles

42、sly and with knowledge that such damage wouldprobably result.3 Paragraph 3 is replaced by the following text:3 For the purpose of availing himself of the benefit of limitationprovided for in paragraph 1 of this article the owner shall constitute afund for the total sum representing the limit of his

43、liability with theCourt or other competent authority of any one of the ContractingStates in which action is brought under article IX or, if no action isbrought, with any Court or other competent authority in any one ofthe Contracting States in which an action can be brought underarticle IX. The fund

44、 can be constituted either by depositing the sum orby producing a bank guarantee or other guarantee, acceptable underthe legislation of the Contracting State where the fund is constituted,and considered to be adequate by the Court or other competentauthority.4 Paragraph 9 is replaced by the followin

45、g text:1992 CLC Protocol79(a) The unitof account referred to in paragraph 1 of this article isthe Special Drawing Right as defined by the International MonetaryFund. The amounts mentioned in paragraph 1 shall be converted intonational currency on the basis of the value of that currency byreference t

46、o the Special Drawing Right on the date of the constitutionof the fund referred to in paragraph 3. The value of the nationalcurrency, in terms of the Special Drawing Right, of a ContractingState which is a member of the International Monetary Fund shall becalculated in accordance with the method of

47、valuation applied by theInternational Monetary Fund in effect on the date in question for itsoperations and transactions. The value of the national currency, interms of the Special Drawing Right, of a Contracting State which isnot a member of the International Monetary Fund shall be calculatedin a m

48、anner determined by that State.9(b) Nevertheless,aContractingStatewhich isnotamemberoftheInternational Monetary Fund and whose law does not permit theapplication of the provisions of paragraph 9(a) may, at the time ofratification, acceptance, approval of or accession to this Convention orat any time

49、 thereafter, declare that the unit of account referred to inparagraph 9(a) shall be equal to 15 gold francs. The gold franc referredto in this paragraph corresponds to sixty-five and a half milligrams ofgold of millesimal fineness nine hundred. The conversion of the goldfranc into the national currency shall be made according to the law ofthe State concerned.9(c) The calculation mentioned in the last sentence of paragraph9(a) and the conversion mentioned in paragraph 9(b) shall be made insuch manner as to express in the national currency