IMO I471E VOL 3-1993 OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA 1984 and OF .pdf

1、OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 and the INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION, 1992 INTERNATIONAL MARITIM

2、E ORGANIZATION OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 AND THE INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION, 1992 IMO Lo

3、ndon, 1993 The printing of this publication has been financed by the International Oil Pollution Compensation Fund Published by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SEI 7SR First edition I993 Printed in the United Kingdom by Ashford Press, Southampton 46810975 ISBN 92-

4、301-1304-6 I 1 IMO PUBLICATION Sales Number: IMO 47 1E Copyright O IMO 1993 All rights reserved, No pari of this publication may, for sales purposes, be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape. mechanical, photocop

5、ying or otherwise. without prior permission in writing from the International Maritime Organization. CONTENTS INTRODUCTION See Volume I PART I INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 CHAPTER I - BASIC CONFERE

6、NCE DOCUMENTS See Volume I CHAPTER II - COMMITTEE OF THE WHOLE II (beginning) (established to consider draft Protocols to 1969 CLC and 1971 Fund Convention) See Volurne I CHAPTER II - COMMITTEE OF THE WHOLE II (conclusion) (established to consider draft Protocols to 1969 CLC and 1971 Fund Convention

7、) See Volume 2 CHAPTER III - DRAFTING COMMITTEE Basic papers Texts examined and approved by Drafting committee: Draft Protocol to revise 1969 CLC DC/ 1 DC/i/Corr. i Article 15 DC/l/Add. i Article 3 DCI 11Add.2 Article 76 .DCIl/Add.3 Draft Protocol to revise 1971 Fund Convention DC/2 Articles 26 to 3

8、8 DCl2iAdd. 1 Article 4 DC/2/Add. 2 Article 5 bis New 61 DC/2/Add. 3 Draft final Act of Conference DC/3 Conference resolutions examined and approved by Drafting Committee DU4 3 14 15 18 19 19 30 38 39 40 45 Resolution on preparation of authentic texts, texts examined and approved by Drafting Committ

9、ee DCl4lAdd. 1 49 Volume 3 - Confenfs (i) Document Page LEG/CONF.I Working papers Texts tentatively approved by Committee of the Whole II: Draft Protocol to revise 1969 CLC Article 8 DCNP. 1/Add. 1 Article 15 DCNP. 1iAdd.2 Articles 3 and 19 DCNP. UAdd.3 Draft Protocol to revise 1971 Fund Convention

10、DCNP.2 Further texts DCNP.2IAdd. 1 Articles 2, 5 bis and 6 DC/WP.2/Add.2 Articles 4, 31 and 38 DCNP.2lAdd.3 DCNP. 1 Conference resolutions: Draft resolution concerning the establishment of the International .Oil Pollution Compensation Fund, 1984 DCNP.3 Draft resolution on recognition of certificates

11、 DC/WP.3/Add. 1 CHAPTER IV - COMMITTEE ON FINAL CLAUSES Basic papers Texts of draft Protocols to revise the 1969 CLC and 1971 Fund Conventions as prepared by the Committee FCi 1 Working papers Texts prepared by the Chairman Draft report to plenary Summary records FCWP. 1 FCNP.2 FUSR.1-7 50 54 57 59

12、59 63 66 67 69 71 77 89 102 103 (ii) Volume 3 - Contents Document Page LEG/CONF.6/ CHAPTER V - PLENARY Working paper submitted by: Argentina and Australia WP.2 153 Reports to plenary ReDort of the Committee of the Whole II 65 with C.2/6/Rev.l 153 Report of the Drafting Committee Report of the Commit

13、tee on Final Clauses Report of the Credentials Committee DC/S FC/2 62 Summary records SR. 1,3-6 CHAPTER VI - INSTRUMENTS ADOPTED BY THE CONFERENCE Final Act of the Conference on Liability and Compensation for Damage in Connexion with the Carriage of Certain Substances by Sea 64 Resolutions adopted b

14、y Plenary Protocol of 1984 to amend the Convention on 64lAdd. 1 Civil Liability for Oil Pollution Damage, 1969 Protocol of 1984 to amend the Convention for the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 66 67 CHAPTER VI1 - DOCUMENTS ISSUED IN CONNEXION WIT

15、H THE CONFERENCE List, with page references added INF.7 CHAPTER VI11 - CONCORDANCE OF ARTICLES A. Draft and adopted texts of the Protocol of 1984 to amend the 1969 Civil Liability Convention B. Draft and adopted texts of the Protocol of 1984 to amend the 1971 Fund Convention 154 155 156 157 193 198

16、204 218 239 259 26 1 (iii) Voiwne 3 - Contents PART II INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION CHAPTER I - BASIC CONFERENCE DOCUMENTS See Volurne 4 CHAPTER II - RECORDS OF DECISIONS See Volurne 4 CHAPTER III - INFORMATION PAPERS Se

17、e Volume 4 CHAPTER IV - DRAFTING COMMITTEE See Volume 4 CHAPTER V - COMMITTEE OF THE WHOLE See Volurne 4 Volume 3 - Contents CHAPTER III DRAFTING COMMITTEE Page Texts examined and approved by Drafting Committee: Draft Protocol to revise 1969 CLC . 3 Draft Protocol to revise 1971 Fund Convention . 19

18、 Draft final Act of Conference . 40 Conference resolutions examined and approved by Drafting Committee 45 Resolution on preparation of authentic texts. text examined and approved by Drafting Committee 49 Working papers . 50 Conference resolutions . 69 Volume 3 . Cbpier Ill 1 LEG/CONF./DC/l 21 May 19

19、84 CONSIDERATION OF A DRAFT PROTOCOL TO REVISE THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969 Texts examined and approved by the Drafting Committee 1. The following texts of the draft Protocol to revise the International Convention on Civil Liability for Oil Pollution

20、 Damage, 1969, have been examined and approved by the Drafting Committee. 2. Title of the instrument PROTOCOL OF 1984 TO AMEND THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969 3. Preamble THE STATES PARTIES TO THE PRESENT PROTOCOL, CONSIDERING that it is desirable to am

21、end the International Convention on Civil Liability for Oil Pollution Damage, done at Brussels on 29 November 1969, to provide for improved scope and enhanced compensation, RECOGNIZING that special provisions are necessary in connexion with the introduction of corresponding amendments to the Intemat

22、ional Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, HAVE AGREED as follows: 4. Articles Article 1 The Convention which the provisions of this Protocol amend is the International Convention on Civil Liability for Oil Pollution Damage, 1969,

23、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. Volume 3 - Chapter II/ 3 Article 2 Article I of the 1969 Liabi

24、lity Convention is amended as follows: 1. 2. 3. 4. 5. 6. 4 Paragraph 1 is replaced by the following text: 1. whatsoever constructed or adapted for the 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

25、 carrying oil in bulk as cargo and during any voyage following such camage unless it is proved that it has no residues of such camage of oil in bulk aboard. Ship means any sea-going vessel and sea-borne craft of any type Paragraph 5 is replaced by the following text: 5. fuel oil, heavy diesel oil an

26、d lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship. Oil means any persistent hydrocarbon mineral oil such as crude oil, Paragraph 6 is replaced by the following text: Pollution damage means: (a) loss or damage caused outside the ship by contamination resulti

27、ng 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 b

28、e undertaken; (b) the costs of preventive measures and further loss or damage caused by preventive measures. Paragraph 8 is replaced by the following text: 8. same origin, which cause pollution damage or creates a grave and imminent threat of causing such damage. Paragraph 9 is replaced by the follo

29、wing text: Incident means any occurrence, or series of occurrences having the 9. After paragraph 9 a new paragraph is inserted reading as follows: Organization means the International Maritime Organization. 10. Civil Liability for Oil Pollution Damage, 1969. For States parties to the Protocol of 197

30、6 to that Convention, the term shall be deemed to include the 1969 Liability Convention as amended by that Protocol. 1969 Liability Convention means the International Convention on Volume 3 - Chpter Ill Article 3 TUfOZZUW Article 4 Article III of the 1969 liability Convention is amended as follows:

31、Paragraph 1 is replaced by the following text: 1. of a ship at the time of an incident, or where the incident consists of a senes 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. Paragraph 2(c) is delete

32、d. 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 otherwi

33、se may be made against: Except as provided in paragraphs 2 and 3 of this Article, the owner the servants or agents of the owner or the members of the crew; the pilot or any other person who, without being a member of the crew, perfoms services for the ship; any charterer (howsoever described, includ

34、ing a bareboat charterer), manager or operator of the ship; any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority; any person taking preventive measures; all servants or agents of persons mentioned in sub-paragraphs (c), (d) and

35、 (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 Deleted Volume 3 - Chtlprer IIJ 5 Article 6 Article IV of the 1969 Liability Convention is replaced

36、 by the following text: When an incident involving two or more ships occurs and pollution damage results therefrom, the owners of ali the ships concerned, unless exonerated under Article III, shall be jointly and severally liable for all such damage which is not reasonably separable. Article 7 Artic

37、le V of the 1969 Liability Convention is amended as follows: Paragraph 1 is replaced by the following text: 1. To follow 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 resulte

38、d from his personal act or omission, committed with 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

39、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 auth

40、ority 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 co

41、nsidered to be adequate by the Court or other competent authority. 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 defined by the International Monetary Fund. The amounts mentioned in paragraph 1 s

42、hall 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 6 Volume 3 - Chapter III Special Drawing Right, of

43、 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

44、the Special Drawing Right, of a Contracting State which is not a member of the Intemational 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 appl

45、ication 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 paragr

46、aph 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 con

47、version 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 Stat

48、es 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

49、 either. 5. Paragraph 10 is replaced by the following text: 10. tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969. The second sentence of paragraph 11 is replaced by the following text: For the purpose of this Article the ships tonnage shall be the gross 6. 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