1969年国际油污损害民事责任公约(附英文)(4)

2018-11-22 21:05

撤回将在通知收到之日起生效,但在该日期,此种国家应视为已交存了本议定书的批准、接受、核准或加入文件。

4.对于在第1款规定的生效条件已获满足后批准、接受、核准或加入本议定书的国家,本议定书应自该国交存适当文件之日后十二个月生效。

第14条修订与修正1.本组织可召开修订或修正《1992年责任公约》的会议。

2.经不少于三分之一的缔约国的要求,本组织应召开修订或修正《1992年责任公约》的缔约国会议。 第15条有关限额的修正案1.经不少于四分之一的缔约国的要求,秘书长应向本组织的所有会员国和所有缔约国分发有关修正经本议定书修正的《1969年责任公约》第Ⅴ条第1款中规定的责任限额的任何提案。 2.提出并按上述方式分发的任何修正案,应提交本组织法律委员会,供在分发之日后至少六个月的某一日期审议。

3.经本议定书修正的《1969年责任公约》的所有缔约国,不论是否为本组织的会员国,均有权参加法律委员会审议和通过修正案的工作。

4.修正案应在按第3款规定加以扩大的法律委员会上,由出席并参加表决的缔约国的三分之二多数通过,但表决时至少应有半数缔约国出席。

5.对修正限额的提案采取行动时,法律委员会应考虑已往的事故,特别是其造成的损害金额、币值的变化以及所提修正案对保险费用的影响。委员会还应考虑经本议定书修正的《1969年责任公约》第Ⅴ条第1款的限额与《1992年设立国际油污损害赔偿基金国际公约》第4条第4款的限额之间的关系。

6.(a)在1998年1月15日前,或自按本条做出的前一修正案的生效之日起算不足五年的期间内,不得审议本条规定的有关责任限额的任何修正案。本条规定的任何修正案不得在本议定书生效之前予以审议。 (b)限额的增长,不得超过按照经本议定书修正的《1969年责任公约》所规定的限额,从1993年1月15日起,以复合年均增长率为6%计算所达到的数额。

(c)限额的增长,不得超过经本议定书修正的《1969年责任公约》所规定的限额的三倍。

7.根据第4款通过的任何修正案,应由本组织通知所有缔约国。该修正案在通知之日后的十八个月的期限结束时,应视为已获接受,除非在此期限内,有不少于四分之一的在委员会通过该修正案时为缔约国的国家通知本组织不接受该修正案,在此情况下,该修正案即被拒绝,并属无效。 8.根据第7款视为已获得接受的修正案,应在获得接受后十八个月开始生效。

9.所有缔约国均应受该修正案的约束,除非它们根据第16条第1款和第2款,在该修正案生效之前至少六个月退出本议定书。而此种退出,应在该修正案生效时生效。

10.当一项修正案已被委员会通过,但十八个月的接受期限尚未结束,如该修正案生效,则在此期限内成为缔约国的国家应受其约束。在此期限之后成为缔约国的国家,应受根据第7款获得接受的修正案的约束。在本款所述的情况下,缔约国应在修正案生效时,或在本议定书对该国生效时(如迟于前者),受该修正案的约束。

第16条退出1.任何当事国在本议定书对其生效之日以后,可随时退出本议定书。 2.退出本议定书,应向本组织秘书长交存一份文件。

3.退出本议定书,应在向本组织秘书长交存文件后十二个月或在退出文件中载明的更长期限生效。 4.在本议定书的当事国之间,任何国家根据《1969年责任公约》第ⅩⅥ条退出《1969年责任公约》,不应以任何方式解释为退出经本议定书修正的《1969年责任公约》。

5.对于仍为《1971年基金公约》当事国的国家,退出修正《1971年基金公约》的《1992年议定书》应视为退出本议定书。这种退出应在按修正《1971年基金公约》的《1992年议定书》第34条规定的退出该议定书的生效之日生效。

第17条保存人1.本议定书以及按照第15条被接受的任何修正案,应交由本组织秘书长保存。 2.本组织秘书长应:

(a)将下列事项通知所有已签署或加入本议定书的国家: (i)每一新的签署或文件的交存及其日期;

(ii)第13条规定的每一声明和通知和《1992年责任公约》第Ⅴ条第9款规定的每一声明和通知; (iii)本议定书的生效日期;

(iv)按第15条第1款提出的任何修改赔偿责任限额的提案; (v)按第15条第4款被通过的任何修正案;

(vi)根据第15条第7款视为已获得接受的任何修正案及按照该条第8款和第9款,该修正案应生效的日期;

(vii)交存退出本议定书的任何文件及其交存日期和生效日期; (viii)根据第16条第5款视为已做出的任何退出; (ix)本议定书任何条款所要求的通知。

(b)将本议定书核正无误的副本分送本议定书的所有签署国和所有加入国。

3.本议定书一经生效,本组织秘书长即应按照联合国宪章第102条的规定将其文本送交联合国秘书处,以供登记和公布。

第18条文字本议定书正本一份,用阿拉伯文、中文、英文、法文、俄文和西班牙文写成,各种文本具有同等效力。

1992年11月27日订于伦敦。

下列署名者,均经各自政府正式授权,特签署本议定书,以昭信守。 附件(略)

INTERNATIONAL MARITIME ORGANIZATION PROTOCOL OF 1992 TO AMEND THE INTERNATIONAL CONVENTION

ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE OF 29 NOVEMBER 1969

(London, 27 November 1992)

THE PARTIES 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 force,

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 with the introduction of corresponding amendments to the International Convention 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 Convention on Civil Liability for Oil Pollution Damage, 1969, hereinafter referred to as 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. Article 2

Article I of the 1969 Liability Convention is amended as follows: 1. Paragraph 1 is replaced by the following text:

1. \carriage of oil in bulk as cargo, provided that a ship capable 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 text:

5. \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. \

(a) loss or damage caused outside 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 loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken;

(b) the costs of preventive measures and further loss or damage caused by preventive measures. 4. Paragraph 8 is replaced by the following text:

8. \means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage. 5. Paragraph 9 is replaced by the following text:

9. \ 6. After paragraph 9 a new paragraph is inserted reading as follows:

10. \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 Convention 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

(ii) in the exclusive economic zone of a Contracting State, established in accordance with international law, 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 sea is measured; (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: 1. Paragraph 1 is replaced by the following text:

1. Except as provided in paragraphs 2 and 3 of this Article, the owner 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. 2. Paragraph 4 is replaced by the following text:

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 against:

(a) the servants or agents of the owner or the members of the crew;

(b) the pilot or any other person who, without being a member of the crew, performs services for the ship; (c) any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship;

(d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority;

(e) any person taking preventive measures;

(f) 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 recklessly 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 exonerated under Article III, shall be jointly and severally liable for all such damage which is not reasonably separable. 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 entitled 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 units 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 Convention 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 himself 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 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 under 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 the Contracting State where the fund is constituted, and considered to be adequate by the Court or other competent authority. 4. Paragraph 9 is replaced by the following text:

9(a). 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 national 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 which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 9(a) may, at the time of ratification, acceptance,

approval of or accession to this Convention or at any time thereafter, declare that the unit of account referred to in paragraph 9(a) shall be equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the gold franc into the national currency shall be made according to the law of the State concerned.

9(c). The calculation mentioned in the last sentence of paragraph 9(a) and the conversion mentioned in paragraph 9(b) shall be made in such manner as to express in the national currency of the Contracting State as far as possible the same real value for the amounts in paragraph 1 as would result from the application of the first three sentences of paragraph 9(a). Contracting States shall communicate to the depositary the manner of calculation pursuant to paragraph 9(a), or the result of the conversion in paragraph 9(b) as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.

5. Paragraph 10 is replaced by the following text:

10. For the purpose of this Article the ship's tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.

6. The second sentence of paragraph 11 is replaced by the following text:

Such a fund may be constituted even if, under the provisions of paragraph 2, the owner is not entitled to limit his liability, but its constitution shall in that case not prejudice the rights of any claimant against the owner. Article 7

Article VII of the 1969 Liability Convention is amended as follows:

1. The first two sentences of paragraph 2 are replaced by the following text:

A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a Contracting State has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a Contracting State such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a Contracting State it may be issued or certified by the appropriate authority of any Contracting State.

2. Paragraph 4 is replaced by the following text:

4. The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a Contracting State, with the authorities of the State issuing or certifying the certificate.

3. The first sentence of paragraph 7 is replaced by the following text:

Certificates issued or certified under the authority of a Contracting State in accordance with paragraph 2 shall be accepted by other Contracting States for the purposes of this Convention and shall be regarded by other Contracting States as having the same force as certificates issued or certified by them even if issued or certified in respect of a ship not registered in a Contracting State.

4. In the second sentence of paragraph 7 the words \\

5. The second sentence of paragraph 8 is replaced by the following text:

In such case the defendant may, even if the owner is not entitled to limit his liability according to Article V, paragraph 2, avail himself of the limits of liability prescribed in Article V, paragraph 1. Article 8

Article IX of the 1969 Liability Convention is amended as follows: Paragraph 1 is replaced by the following text:


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