<ПРОТОКОЛ ОБ ИЗМЕНЕНИИ МЕЖДУНАРОДНОЙ КОНВЕНЦИИ ОТНОСИТЕЛЬНО ОГРАНИЧЕНИЯ ОТВЕТСТВЕННОСТИ ВЛАДЕЛЬЦЕВ МОРСКИХ СУДОВ> [англ.](Подписан в г. Брюсселе 21.12.1979)
PROTOCOL
AMENDING THE INTERNATIONAL CONVENTION RELATING
TO
THE LIMITATION OF THE LIABILITY OF OWNERS OF SEA-GOING
SHIPS DATED 10
OCTOBER 1957
(Brussels, 21.XII.1979)
The Contracting Parties to the
present Protocol,
Being parties to the International Convention relating
to the limitation of the liability of owners of sea-going ships, done at
Brussels on 10th October, 1957,
Have agreed as follows:
Article
I
For the purpose of this Protocol, "Convention" means the International
Convention relating to the limitation of the liability of owners of sea-going
ships and its Protocol of signature, done at Brussels on 10th October,
1957.
Article II
1. Article 3, paragraph 1 of the Convention is replaced
by the following:
"1 The amounts to which the owner of ship may limit his
liability under Article 1 shall be:
a) where the occurrence has only
given rise to property claims an aggregate amount of 66.67 units of account for
each ton of the ship"s tonnage;
b) where the occurrence has only given,
rise to personal claims an aggregate amount of 206.67 units of account for each
ton of the ship"s tonnage;
c) where the occurrence has given rise both to
personal claims and property claims an aggregate amount of 206.67 units of
account for each ton of the ship"s tonnage, of which a first portion amounting
to 140 units of account for each ton of the ship"s tonnage shall be exclusively
appropriated to the payment of personal claims and of which a second portion
amounting to 66.67 units of account for each ton of the ship"s tonnage shall be
appropriated to the payment of property claims.
Provided however that in
cases where the first portion is insufficient to pay the personal claims in
full, the unpaid balance of such claims shall rank rateably with the property
claims for payment against the second portion of the fund."
2. Article 3,
paragraph 6 of the Convention is replaced by the following:
"6. The unit
of account mentioned in paragraph 1 of this Article is the Special Drawing Right
as defined by the International Monetary Fund. The amounts mentioned in that
paragraph shall be converted into the national currency of the State in which
limitation is sought on the basis of the value of that currency on the date on
which the shipowner shall have constituted the limitation fund, made the payment
or given a guarantee which under the law of that State is equivalent to such
payment. The value of the national currency, in terms of the Special Drawing
Rights, of a 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 at the date in question for its operations
and transactions. The value of the national currency, in terms of the Special
Drawing Right, of a State which is not a member of the International Monetary
Fund, shall be calculated in a manner determined by that State.
7.
Nevertheless, a State which is not a member of the International Monetary Fund
and whose law does not permit the application of the provisions of the paragraph
6 of this Article may, at the time of ratification of the Protocol of 1979 or
accession thereto or at any time thereafter, declare that the limits of
liability provided for in this Convention to be applied in its territory shall
be fixed as follows:
(a) in respect of paragraph 1, a) of this Article,
1000 monetary units;
(b) in respect of paragraph 1, b) of this Article,
3100 monetary units;
(c) in respect of paragraph 1, c) of this Article,
3100, 2100 and 1000 monetary units, respectively.
The monetary unit
referred to in this paragraph corresponds to 65.5 milligrammes of gold of
millesimal fineness 900". The conversion of the amounts specified in this
paragraph into the national currency shall be made according to the law of the
State concerned.
8. The calculation mentioned in the last sentence of
paragraph 6 of this Article and the conversion mentioned in paragraph 7 of this
Article shall be made in such a manner as to express in the national currency of
the State as far as possible the same real value for the amounts in paragraph 1
of this Article as is expressed there in units of account. States shall
communicate to the depositary the manner of calculation, pursuant to paragraph 6
of this Article or the result of the conversion in paragraph 7 of this Article,
as the case may be, when depositing an instrument of ratification of the
Protocol of 1979 or of accession thereto or when availing themselves of the
option provided for in paragraph 7 of this Article and whenever there is a
change in either."
3. Article 3, paragraph 7 of the Convention shall be
renumbered Article 3, paragraph 9.
Article III
This Protocol shall be
open for signature by the States which have signed the Convention or which are
Parties thereto.
Article IV
(1) This Protocol shall be ratified.
(2) Ratification of this Protocol by any State which is not a Party to the
Convention shall have the effect of ratification of the Convention.
(3)
The instruments of ratification shall be deposited with the Belgian
Government.
Article V
(1) States not referred to in Article III may
accede to this Protocol.
(2) Accession to this Protocol shall have the
effect of accession to the Convention.
(3) The instruments of accession
shall be deposited with the Belgian Government.
Article VI
(1) This
Protocol shall come into force three months after the date of the deposit of six
instruments of ratification or accession.
(2) For each State which
ratifies this Protocol or accedes thereto after the sixth deposit, this Protocol
shall come into force three months after the deposit of its instrument of
ratification or accession.
Article VII
(1) Any Contracting Party may
denounce this Protocol by notification to the Belgian Government.
(2) The
denunciation shall take effect one year after the date on which the notification
has been received by the Belgian Government.
Article VIII
(1) Each State
may at the time of signature, ratification or accession or at any time
thereafter declare by written notification to the Belgian Government which among
the territories for whose international relations it is responsible, are those
to which the present Protocol applies. The Protocol shall three months after the
date of the receipt of such notification by the Belgian Government extend to the
territories named therein, but not before the date of the coming into force of
the Protocol in respect of such State.
(2) This extension also shall
apply to the Convention if the latter is not yet applicable to these
territories.
(3) Any Contracting Party which has made a declaration under
paragraph (1) of this Article may at any time thereafter declare by notification
given to the Belgian Government that the Protocol shall cease to extend to such
territories. This denunciation shall take effect one year after the date on
which notification thereof has been received by the Belgian
Government.
Article IX
The Belgian Government shall notify the signatory
and acceding States of the following:
1. the signatures, ratifications
and accessions received in accordance with Articles III, IV and V.
2. the
date on which the present Protocol will come into force in accordance with
Article VI.
3. the notifications with regard to the territorial
application in accordance with Article VIII.
4. the declarations and
communications made in accordance with Article II.
5. the denunciations
received in accordance with Article VII.
