IMO I410E-1977 Civil Liability for Oil Pollution Damage (1969 Edition Includes Supplement I473E 1992).pdf

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1、 Civil liability for Oil Pollution Damage 1996 Edition Supplement The following amendments of the limitation amounts in the Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 were adopted by the Legal Committee of the International Maritime Organ

2、ization by resolution LEG.1(82) on 18 October 2000 and will enter into force on 1 November 2003. Article 6( 1 ) of the 1992 CLC Protocol is amended as follows: the reference to “3 miilion units of account” shall read “4,510,000 units of account”; the reference to ”420 units of account” shall read “6

3、31 units of account”; and the reference to ”59.7 million units of account” shall read “89,770,000 units of account”. Printed in the United Kingdom by IMO. Copyright 0 IMO 2003 (1473E) Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 Protocol of

4、 1992 to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 Consolidated texts of the International Convention on CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1992 and the International Convention on the Establishment of an I

5、nternational Fund for COMPENSATION FOR OIL POLLUTION DAMAGE, 1992 Final Act of the International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention, 1992, with resolutions IMO London, 1996 Published in 1996 by the INTERNATIONAL. MARITIME ORGANIZATION 4 Alb

6、ert Embankment, London SE1 7SR Printed by the International Maritime Organization, London 4 6 8 10 9 7 5 ISBN 92-801-1331-3 Sales number: I473E Copyright 0 IMO 1996 Ail rights reserved. No part ofthis publication may be reproduced, stored in a retrieval system or transmitted in any form or by any me

7、ans, without prior permission in writingfrom the international Maritime Organization. Foreword This publication contains the texts of the documents which resulted from the work of the 1992 International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention. T

8、he Conference, 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 Liability Convention and the 1971 Fund Convention would not enter into force in the foreseeable future, w

9、ork was initiated in the International Oil Pollution Compensation Fund (IOPC Fund) to elaborate new protocols with the same substantive provisions as the 1984 Protocols but with lower requirements for entry into force. The Legal Committee of IMO approved the draft protocols prepared by the IOPC Fund

10、 for submission to the 1992 Diplomatic Conference. The Conference adopted the Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the Protocol of 1992 to Amend the International Convention on the Establishment of an International Fund for Com

11、pensation for Oil Pollution Damage, 1971. The texts of the two Protocols are reproduced in part 1 of this publication. In doing so, the Conference agreed in a resolution that these Protocols should constitute the amending instruments to the 1969 and 1971 Conventions and that the two Protocols to the

12、se instruments which were adopted in 1984 should no longer be viable. The Conference also adopted four other resolutions. The texts are reproduced in Part 3 of this publication, along with the Final Act of the Conference, to which they are an attachment. Pursuant to the provisions of the Protocols,

13、the 1969 and 1971 Conventions, as amended by the respective Protocols of 1992 thereto, were to be referred to respectively as the International Convention on Civil Liability for Oil Pollution Damage, 1992, and the Intemational Convention on the Establishment of an International Fund for Compensation

14、 for Oil Pollution Damage, 1992. The Conference requested the Secretary-General of IMO to prepare authentic texts of those two Conventions. These texts are 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 the Conv

15、entions or Protocols. Except for a new article in the 1992 Protocol to the Fund Convention introducing a system of capping of contributions, all substantive provisions in the 1992 Protocols are identical to those of the 1984 Protocols. . 111 Contents Part 1 Protocol of 1992 to Amend the Internationa

16、l Convention on Civil Liability for Oil Pollution Damage, 1969. Annex: Certificate of Insurance or Other Financial Security 3 in Respect of Civil Liability for Oil Pollution Damage. . 18 Protocol of 1992 to Amend the International Convention on the Establishment of an International Fund for Compensa

17、tion for Oil Pollution Damage, 1971 21 Part 2 Consolidated text of the Intemational Convention on Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention) 47 Annex: Certificate of Insurance or Other Financial Security. . 64 Consolidated text of the International Convention on the E

18、stablishment of an Intemational Fund for Compensation for Oil Pollution Damage, 1992 (1992 Fund Convention). . 67 Part 3 Final Act of the International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention, 1992. 99 Attachment: Resolutions adopted by the Conf

19、erence Resolution 1 Resolution on the recognition of certificates issued in accordance with the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the International Convention on Civil Liability for Oil Pollution Damage, 1992. . 104 V Resolution 2 Resolution on the estab

20、lishment of the International Oil Pollution Compensation Fund, 1992 . 106 Resolution on the need to avoid a situation in which two conflicting treaty regimes are operational. 108 Resolution on certain problems of trcaty law concerning States which have already expressed their consent to be bound by

21、the 1984 Protocols . . Resolution on the acceptance of an interim cap on contributions payable by oil receivers in any given State Resolution 3 Rcsolution 4 109 Resolution 5 111 vi Part 1 Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 THE PAR

22、TIES TO THE PRESENT PROTOCOL, HAVING CONSIDERED the International Convention on civil Liability for Oil Pollution Damage, 1969, and the 1984 Protocol thereto, HAVING NOTED that the 1984 Protocol to that Convention, which provides for improved scope and enhanced compensation, has not entered into for

23、ce, AFFIRMING the importance of maintaining the viability of the international oil pollution liability and compensation system, AWARE OF the need to ensure the entry into force of the content of the 1984 Protocol as soon as possible, RECOGNIZING that special provisions are necessary in connection wi

24、th the introduction of corresponding amendments to the International Conven- tion on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, HAVE AGREED as fOllOWS: Article 1 The Convention which the provisions of this Protocol amend is the International Conventio

25、n 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. 3 1992 CL

26、C Protocol Article 2 Article 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 type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship ca

27、pable of carrying oil and other cargoes shall be regarded as 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 no residues of such carriage of oil in bulk aboard.” 2 Paragraph 5 is replaced by the following tex

28、t: “5 Oil means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship 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 o

29、utside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than losses of profit from such impairment shall be limited to costs of reasonable measures of

30、 reinstatement actually undertaken or to be undertaken; the costs of preventive measures and further loss or damage caused by preventive measures.” (b) 4 Paragraph 8 is replaced by the following text: 8 Incident means any occurrence, or series of occurrences having the same origin, which causes poll

31、ution damage or creates a grave and imminent threat of causing such damage.” “ 5 Paragraph 9 is replaced by the following text: “9 Ovganization means the International Maritime Organization.” 4 1992 CLC Protocol 6 After paragraph 9 a new paragraph is inserted reading as follows: “10 1969 LiubiUty Co

32、nvention 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 II of the 1969 Liability Con

33、vention 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 in the exclusive economic zone of a Contracting State, established in accordance with international la

34、w, 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 accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial

35、 sea is measured: (ii) (b) to preventive measures, wherever taken, to prevent or minimize such damage.” Article 4 Article III of the 1969 Liability Convention is amended as follows: i Paragraph 1 is replaced by the following text: “1 Except as provided in paragraphs 2 and 3 of this article, the owne

36、r of a ship at the time of an incident, or, where the incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident.” 5 2992 CLC Protocol 2 Paragraph 4 is replaced by the following text:

37、 “4 No claim for compensation for pollution damage may be made against the owner otherwise than in accordance 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 the servants or agents of the owne

38、r or the members of the crew; the pilot or any other person who, without being a member of the crew, performs services for the ship; any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship; any person performing salvage operations with the consent of the

39、owner or on the instructions of a competent public authority ; any person taking preventive measures; all servants or agents of persons mentioned in subparagraphs (c), (d) and (e); unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or reck

40、lessly 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 occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exone

41、rated under article III, shall be jointly and severally liable for all such damage which is not reasonably separable. 6 1992 CLC Protocol 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 entit

42、led 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 unit

43、s of account in addition to the amount mentioned in subparagraph (a); provided, however, that this aggregate amount shall not in any event exceed 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 Conv

44、ention 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 himse

45、lf of the benefit of limitation provided for in paragraph 1 of this article the owner shall constitute 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 brought under article IX or, if

46、no action is brought, with any Court or other competent authority in any one of the Contracting States in which an action can be brought unqer article IX. The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the legislation of

47、 the Contracting State where the fund is constituted, and considered to be adequate by the Court or other competent authority.” 7 1992 CLC Protocol 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 de

48、fined by the International Monetary Fund. The amounts mentioned in paragraph 1 shall be converted into national currency 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 natio

49、nal 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 accordance 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) Nevertheless, a Contracting State w