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Art.5 |
Article 5 |
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Art.5.1 |
1. A State may, at the time of ratification, acceptance, approval of, or accession to, this Convention, or any time thereafter, declare that this Convention does not apply to ships: |
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Art.5.1.a |
(a) which do not exceed 200 gross tonnage; and |
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Art.5.1.b |
(b) which carry hazardous and noxious substances only in packaged form; and |
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Art.5.1.c |
(c) while they are engaged on voyages between ports or facilities of that State. |
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Art.5.2 |
2. Where two neighbouring States agree that this Convention does not apply also to ships which are covered by paragraph 1(a) and (b) while engaged on voyages between ports or facilities of those States, the States concerned may declare that the exclusion from the application of this Convention declared under paragraph 1 covers also ships referred to in this paragraph. |
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Art.5.3 |
3. Any State which has made the declaration under paragraph 1 or 2 may withdraw such declaration at any time. |
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Art.5.4 |
4. A declaration made under paragraph 1 or 2, and the withdrawal of the declaration made under paragraph 3, shall be deposited with the Secretary-General who shall, after the entry into force of this Convention, communicate it to the Director. |
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Art.5.5 |
5. Where a State has made a declaration under paragraph 1 or 2 and has not withdrawn it, hazardous and noxious substances carried on board ships covered by that paragraph shall not be considered to be contributing cargo for the purpose of application of Articles 18, 20, Article 21, paragraph 5 and Article 43. |
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Art.5.6 |
6. The HNS Fund is not liable to pay compensation for damage caused by substances carried by a ship to which the Convention does not apply pursuant to a declaration made under paragraph 1 or 2, to the extent that: |
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Art.5.6.a |
(a) the damage as defined in Article 1, paragraph 6(a), (b) or (c) was caused in: |
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Art.5.6.a.i |
(i) the territory, including the territorial sea, of the State which has made the declaration, or in the case of neighbouring States which have made a declaration under paragraph 2, of either of them; or |
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Art.5.6.a.ii |
(ii) the exclusive economic zone, or area mentioned in Article 3(b), of the State or States referred to in (i); |
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Art.5.6.b |
(b) the damage includes measures taken to prevent or minimize such damage. |
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Art.23 |
Article 23 |
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Art.23.1 |
1. Without prejudice to Article 21, paragraph 5, a State Party may at the time when it deposits its instrument of ratification, acceptance, approval or accession or at any time thereafter declare that it assumes responsibility for obligations imposed by this Convention on any person liable to pay contributions in accordance with Articles 18, 19, 20 or Article 21, paragraph 5 in respect of hazardous and noxious substances received or discharged in the territory of that State. Such a declaration shall be made in writing and shall specify which obligations are assumed. |
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Art.23.2 |
2. Where a declaration under paragraph 1 is made prior to the entry into force of this Convention in accordance with Article 46, it shall be deposited with the Secretary-General who shall after the entry into force of this Convention communicate the declaration to the Director. |
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Art.23.3 |
3. A declaration under paragraph 1 which is made after the entry into force of this Convention shall be deposited with the Director. |
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Art.23.4 |
4. A declaration made in accordance with this Article may be withdrawn by the relevant State giving notice thereof in writing to the Director. Such a notification shall take effect three months after the Director's receipt thereof. |
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Art.23.5 |
5. Any State which is bound by a declaration made under this Article shall, in any proceedings brought against it before a competent court in respect of any obligation specified in the declaration, waive any immunity that it would otherwise be entitled to invoke. |
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Art.45 |
Article 45 |
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Art.45.1 |
1. This Convention shall be open for signature at the Headquarters of the Organization from 1 October 1996 to 30 September 1997 and shall thereafter remain open for accession. |
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Art.45.2 |
2. States may express their consent to be bound by this Convention by: |
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Art.45.2.a |
(a) signature without reservation as to ratification, acceptance or approval; or |
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Art.45.2.b |
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or |
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Art.45.2.c |
(c) accession. |
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Art.45.3 |
3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General. |
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Art.53 |
Article 53 |
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Art.53.1 |
1. This Convention and any amendment adopted under Article 48 shall be deposited with the Secretary-General. |
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Art.53.2 |
2. The Secretary-General shall: |
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Art.53.2.a |
(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of: |
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Art.53.2.a.i |
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof; |
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Art.53.2.a.ii |
(ii) the date of entry into force of this Convention; |
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Art.53.2.a.iii |
(iii) any proposal to amend the limits on the amounts of compensation which has been made in accordance with Article 48, paragraph 2; |
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Art.53.2.a.iv |
(iv) any amendment which has been adopted in accordance with Article 48, paragraph 5; |
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Art.53.2.a.v |
(v) any amendment deemed to have been accepted under Article 48, paragraph 8, together with the date on which that amendment shall enter into force in accordance with paragraphs 9 and 10 of that Article; |
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Art.53.2.a.vi |
(vi) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect; and |
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Art.53.2.a.vii |
(vii) any communication called for by any Article in this Convention; and |
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Art.53.2.b |
(b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto. |
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Art.53.3 |
3. As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. |
