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Art.1 |
Article 1 |
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Art.1.0x |
For the purposes of this Convention: |
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Art.1.1 |
1. "Ship" means any seagoing vessel and seaborne craft, of any type whatsoever. |
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Art.1.2 |
2. "Person" means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions. |
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Art.1.3 |
3. "Owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, "owner" shall mean such company. |
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Art.1.4 |
4. "Receiver" means either: |
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Art.1.4.a |
(a) the person who physically receives contributing cargo discharged in the ports and terminals of a State Party; provided that if at the time of receipt the person who physically receives the cargo acts as an agent for another who is subject to the jurisdiction of any State Party, then the principal shall be deemed to be the receiver, if the agent discloses the principal to the HNS Fund; or |
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Art.1.4.b |
(b) the person in the State Party who in accordance with the national law of that State Party is deemed to be the receiver of contributing cargo discharged in the ports and terminals of a State Party, provided that the total contributing cargo received according to such national law is substantially the same as that which would have been received under (a). |
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Art.1.5 |
5. "Hazardous and noxious substances" (HNS) means: |
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Art.1.5.a |
(a) any substances, materials and articles carried on board a ship as cargo, referred to in (i) to (vii) below: |
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Art.1.5.a.i |
(i) oils carried in bulk listed in appendix I of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended; |
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Art.1.5.a.ii |
(ii) noxious liquid substances carried in bulk referred to in appendix II of Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended, and those substances and mixtures provisionally categorized as falling in pollution category A, B, C or D in accordance with regulation 3(4) of the said Annex II; |
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Art.1.5.a.iii |
(iii) dangerous liquid substances carried in bulk listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, 1983, as amended, and the dangerous products for which the preliminary suitable conditions for the carriage have been prescribed by the Administration and port administrations involved in accordance with paragraph 1.1.3 of the Code; |
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Art.1.5.a.iv |
(iv) dangerous, hazardous and harmful substances, materials and articles in packaged form covered by the International Maritime Dangerous Goods Code, as amended; |
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Art.1.5.a.v |
(v) liquefied gases as listed in Chapter 19 of the International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk, 1983, as amended, and the products for which preliminary suitable conditions for the carriage have been prescribed by the Administration and port administrations involved in accordance with paragraph 1.1.6 of the Code; |
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Art.1.5.a.vi |
(vi) liquid substances carried in bulk with a flashpoint not exceeding 60deg.C (measured by a closed cup test); |
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Art.1.5.a.vii |
(vii) solid bulk materials possessing chemical hazards covered by appendix B of the Code of Safe Practice for Solid Bulk Cargoes, as amended, to the extent that these substances are also subject to the provisions of the International Maritime Dangerous Goods Code when carried in packaged form; and |
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Art.1.5.b |
(b) residues from the previous carriage in bulk of substances referred to in (a)(i) to (iii) and (v) to (vii) above. |
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Art.1.6 |
6. "Damage" means: |
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Art.1.6.a |
(a) loss of life or personal injury on board or outside the ship carrying the hazardous and noxious substances caused by those substances; |
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Art.1.6.b |
(b) loss of or damage to property outside the ship carrying the hazardous and noxious substances caused by those substances; |
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Art.1.6.c |
(c) loss or damage by contamination of the environment caused by the hazardous and noxious substances, 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; and |
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Art.1.6.d |
(d) the costs of preventive measures and further loss or damage caused by preventive measures. |
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Art.1.6.ex |
Where it is not reasonably possible to separate damage caused by the hazardous and noxious substances from that caused by other factors, all such damage shall be deemed to be caused by the hazardous and noxious substances except if, and to the extent that, the damage caused by other factors is damage of a type referred to in Article 4, paragraph 3. |
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Art.1.6.fx |
In this paragraph, "caused by those substances" means caused by the hazardous or noxious nature of the substances. |
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Art.1.7 |
7. "Preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimize damage. |
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Art.1.8 |
8. "Incident" means any occurrence or series of occurrences having the same origin, which causes damage or creates a grave and imminent threat of causing damage. |
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Art.1.9 |
9. "Carriage by sea" means the period from the time when the hazardous and noxious substances enter any part of the ship's equipment, on loading, to the time they cease to be present in any part of the ship's equipment, on discharge. If no ship's equipment is used, the period begins and ends respectively when the hazardous and noxious substances cross the ship's rail. |
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Art.1.10 |
10. "Contributing cargo" means any hazardous and noxious substances which are carried by sea as cargo to a port or terminal in the territory of a State Party and discharged in that State. Cargo in transit which is transferred directly, or through a port or terminal, from one ship to another, either wholly or in part, in the course of carriage from the port or terminal of original loading to the port or terminal of final destination shall be considered as contributing cargo only in respect of receipt at the final destination. |
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Art.1.11 |
11. The "HNS Fund" means the International Hazardous and Noxious Substances Fund established under Article 13. |
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Art.1.12 |
12. "Unit of account" means the Special Drawing Right as defined by the International Monetary Fund. |
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Art.1.13 |
13. "State of the ship's registry" means in relation to a registered ship the State of registration of the ship, and in relation to an unregistered ship the State whose flag the ship is entitled to fly. |
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Art.1.14 |
14. "Terminal" means any site for the storage of hazardous and noxious substances received from waterborne transportation, including any facility situated off-shore and linked by pipeline or otherwise to such site. |
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Art.1.15 |
15. "Director" means the Director of the HNS Fund. |
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Art.1.16 |
16. "Organization" means the International Maritime Organization. |
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Art.1.17 |
17. "Secretary-General" means the Secretary-General of the Organization. |
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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.9 |
Article 9 |
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Art.9.1 |
1. The owner of a ship shall be entitled to limit liability under this Convention in respect of any one incident to an aggregate amount calculated as follows: |
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Art.9.1.a |
(a) 10 million units of account for a ship not exceeding 2,000 units of tonnage; and |
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Art.9.1.b |
(b) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (a): |
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Art.9.1.b.ix |
for each unit of tonnage from 2,001 to 50,000 units of tonnage, 1,500 units of account; |
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Art.9.1.b.iix |
for each unit of tonnage in excess of 50,000 units of tonnage, 360 units of account; |
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Art.9.1.cx |
provided, however, that this aggregate amount shall not in any event exceed 100 million units of account. |
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Art.9.2 |
2. The owner shall not be entitled to limit liability under this Convention if it is proved that the damage resulted from the personal act or omission of the owner, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. |
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Art.9.3 |
3. The owner shall, for the purpose of benefitting from the limitation provided for in paragraph 1, constitute a fund for the total sum representing the limit of liability established in accordance with paragraph 1 with the court or other competent authority of any one of the States Parties in which action is brought under Article 38 or, if no action is brought, with any court or other competent authority in any one of the States Parties in which an action can be brought under Article 38. The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the law of the State Party where the fund is constituted, and considered to be adequate by the court or other competent authority. |
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Art.9.4 |
4. Subject to the provisions of Article 11, the fund shall be distributed among the claimants in proportion to the amounts of their established claims. |
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Art.9.5 |
5. If before the fund is distributed the owner or any of the servants or agents of the owner or any person providing to the owner insurance or other financial security has as a result of the incident in question, paid compensation for damage, such person shall, up to the amount that person has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention. |
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Art.9.6 |
6. The right of subrogation provided for in paragraph 5 may also be exercised by a person other than those mentioned therein in respect of any amount of compensation for damage which such person may have paid but only to the extent that such subrogation is permitted under the applicable national law. |
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Art.9.7 |
7. Where owners or other persons establish that they may be compelled to pay at a later date in whole or in part any such amount of compensation, with regard to which the right of subrogation would have been enjoyed under paragraphs 5 or 6 had the compensation been paid before the fund was distributed, the court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce the claim against the fund. |
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Art.9.8 |
8. Claims in respect of expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimize damage shall rank equally with other claims against the fund. |
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Art.9.9.a |
9. (a) 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 State Party 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 State Party which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State. |
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Art.9.9.b |
(b) Nevertheless, a State Party 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. |
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Art.9.9.c |
(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 State Party as far as possible the same real value for the amounts in paragraph 1 as would result from the application of the first two sentences of paragraph 9(a). States Parties shall communicate to the Secretary-General 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. |
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Art.9.10 |
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. |
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Art.9.11 |
11. The insurer or other person providing financial security shall be entitled to constitute a fund in accordance with this Article on the same conditions and having the same effect as if it were constituted by the owner. Such a fund may be constituted even if, under the provisions of paragraph 2, the owner is not entitled to limitation of liability, but its constitution shall in that case not prejudice the rights of any claimant against the owner. |
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Art.16 |
Article 16 |
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Art.16.1 |
1. The HNS Fund shall have a general account, which shall be divided into sectors. |
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Art.16.2 |
2. The HNS Fund shall, subject to Article 19, paragraphs 3 and 4, also have separate accounts in respect of: |
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Art.16.2.a |
(a) oil as defined in Article 1, paragraph 5(a)(i) (oil account); |
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Art.16.2.b |
(b) liquefied natural gases of light hydrocarbons with methane as the main constituent (LNG) (LNG account); and |
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Art.16.2.c |
(c) liquefied petroleum gases of light hydrocarbons with propane and butane as the main constituents (LPG) (LPG account). |
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Art.16.3 |
3. There shall be initial contributions and, as required, annual contributions to the HNS Fund. |
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Art.16.4 |
4. Contributions to the HNS Fund shall be made into the general account in accordance with Article 18, to separate accounts in accordance with Article 19 and to either the general account or separate accounts in accordance with Article 20 or Article 21, paragraph 5. Subject to Article 19, paragraph 6, the general account shall be available to compensate damage caused by hazardous and noxious substances covered by that account, and a separate account shall be available to compensate damage caused by a hazardous and noxious substance covered by that account. |
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Art.16.5 |
5. For the purposes of Article 18, Article 19, paragraph 1(a)(i), paragraph 1(a)(ii) and paragraph 1(c), Article 20 and Article 21, paragraph 5, where the quantity of a given type of contributing cargo received in the territory of a State Party by any person in a calendar year when aggregated with the quantities of the same type of cargo received in the same State Party in that year by any associated person or persons exceeds the limit specified in the respective subparagraphs, such a person shall pay contributions in respect of the actual quantity received by that person notwithstanding that that quantity did not exceed the respective limit. |
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Art.16.6 |
6. "Associated person" means any subsidiary or commonly controlled entity. The question whether a person comes within this definition shall be determined by the national law of the State concerned. |
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Art.33 |
Article 33 |
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Art.33.1x |
The following provisions shall apply to voting in the Assembly: |
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Art.33.1x.a |
(a) each member shall have one vote; |
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Art.33.1x.b |
(b) except as otherwise provided in Article 34, decisions of the Assembly shall be made by a majority vote of the members present and voting; |
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Art.33.1x.c |
(c) decisions where a two-thirds majority is required shall be a two-thirds majority vote of members present; and |
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Art.33.1x.d |
(d) for the purpose of this Article the phrase "members present" means "members present at the meeting at the time of the vote", and the phrase "members present and voting" means "members present and casting an affirmative or negative vote". Members who abstain from voting shall be considered as not voting. |
