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Download XMLProtocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Australia | Yes | No |
| Barbados | Yes | No |
| Belgium | Yes | No |
| Canada | Yes | No |
| China | Yes | No |
| Croatia | Yes | No |
| Cyprus | Yes | No |
| Denmark | Yes | No |
| Estonia | Yes | No |
| France | Yes | No |
| Germany | Yes | No |
| Iceland | Yes | No |
| Iraq | Yes | No |
| Kenya | Yes | No |
| Lithuania | Yes | No |
| Malta | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| New Zealand | Yes | No |
| Norway | Yes | No |
| Poland | Yes | No |
| Russian Federation | Yes | No |
| Singapore | Yes | No |
| Spain | Yes | No |
| Sweden | Yes | No |
| Türkiye | Yes | No |
| United Kingdom | Yes | No |
Australia
31-05-2013
Pursuant to Article 7 of the Protocol, the Government of Australia:
(a) Reiterates its reservation, made on depositing its instrument of accession to
the Convention on Limitation of Liability for Maritime Claims, 1976, to exclude the
application of Article 2, paragraphs 1(d) and (e); and
(b) reserves the right to exclude claims for damage within the meaning of the International
Convention on Liability and Compensation for Damage in Connection with the Carriage
of Hazardous and Noxious Substances by Sea, 1996 or any amendment or protocol related
thereto.
Barbados
23-07-2024
Declaration
i. Barbados, pursuant to Article 6, paragraph 3, of the Convention, notifies that
it has provided in its national law that claims in respect of damage to harbour works,
basins and waterways and aids to navigation shall have priority over other claims
under Article 6, paragraph 1(b), of the Convention.
ii. Barbados notifies that for the purposes of paragraph 3 of Article 6 of the Convention,
it is hereby provided that a claim in respect of damage to harbour works, basins,
waterways or aids of navigation has priority over any other claim under paragraph
1(b) of that Article.
iii. Barbados notifies that it intends to make use of the option provided for in Article
15 (2) (b) of the 1976 LLMC as amended by the 1996 Protocol to regulate by specific
provisions of national law the system of limitation of liability to be applied to
ships less than 300 tons. National law in Barbados will apply the provisions of the
1976 Convention as amended by the 1996 Protocol to such ships. However, in respect
of such ships, the limit of liability calculated in accordance with paragraph 1(a)
and (b) of Article 6 of the Convention, shall be half of the limit of liability applicable
to a ship not exceeding 2,000 gross tonnage.
vi. Barbados notifies that it intends to make use of the option provided for in Article
15 (3) bis of the 1976 Convention as amended by the 1996 Protocol to regulate by specific
provisions of national law the system of liability to be applied to claims for loss
of life or personal injury to passengers of a ship.
Reservation
Pursuant to Article 18 (1)(a) and (b) of the Convention on Limitation of Liability
for Maritime Claims, 1976, as amended by the Protocol of 1996, Barbados hereby excludes
the application of Article 2, paragraphs 1(d) and (e), and excludes claims for damage
within the meaning of the International Convention on Liability and Compensation for
Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea,
1996 which arise from occurrences which take place after the coming into force of
that Convention as part of the Law of Barbados.
Belgium
09-10-2009
In accordance with article 18, paragraph 1(a) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, the Kingdom of Belgium reserves the right to exclude application of article 2, paragraph 1(d) and (e) of the 1976 Convention, as amended by the 1996 Protocol.
Canada
09-05-2008
Canada reserves the right to exclude the application of article 2, paragraph 1(d):
(d) claims in respect of the raising, removal, destruction or the rendering harmless
of a ship which is sunk, wrecked, stranded or abandoned, including anything that is
or has been on board such a ship.
China
02-02-2015
The Protocol at present only applies to the Hong Kong Special Administrative Region of the PRC and the Hong Kong Special Administrative Region shall not be bound by article 2, paragraph 1(d) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol.
Croatia
15-05-2006
Pursuant to Article 18 paragraph 1 of the Convention on Limitation of Liability for
Maritime Claims, 1976, as amended by the Protocol of 1996, the Republic of Croatia
reserves the right:
(a) to exclude the application of article 2 paragraphs 1(d) and (e);
(b) to exclude claims for damage within the meaning of the International Convention
of Liability and Compensation for Damage in Connection with the Carriage of Hazardous
and Noxious Substances by Sea, 1996 or of any amendment or protocol thereto.
Cyprus
23-12-2005
Pursuant to paragraph 1 of Article 18 of the Convention on Limitation of Liability
for Maritime Claims, 1976 as amended by the Protocol of 1996, the Republic of Cyprus
hereby excludes:
(a) the application of Article 2, paragraphs l(d) and (e);
(b) claims for damage within the meaning of the International Convention on Liability
and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea, 1996, or any amendment or protocol related thereto.
Denmark
12-04-2002
1. In Act No. 228 of 21 April 1999, implementing the Protocol of 1996 to amend the
Convention on Limitation of Liability for Maritime Claims, 1976, Denmark has made
use of the provision in Article 15, paragraph 1, of the said Convention, on the application
of the Convention. Consequently, if a person, who has his habitual residence or principal
place of business in a State Party to the Convention of 1976, but not to the Protocol
of 1996, seeks to limit his liability before a Court in Denmark during the period
where Denmark is both a State Party to the Convention of 1976 and the Protocol of
1996, Denmark will accept limitation of liability according to the Convention of 1976.
For other persons seeking to limit liability, Denmark will apply the limitation of
the Protocol of 1996.
2. Denmark intends to make use of the provision in the Convention on Limitation of
Liability for Maritime Claims, 1976, Article 15, paragraph 2(b). According to this
provision a State Party may regulate by specific provisions of national law the system
of limitation of liability to be applied to ships of less than 300 tons. Denmark
will inform the Secretary-General of the International Maritime Organization of the
limits of liability upon adoption of the specific provisions in the Danish Legislation.
[...].
25-03-2004
[...] the declaration made by Denmark upon deposit of its instrument of ratification of the Protocol of 1996, in which it was stated under point 2 that Denmark intended to make use of the provision in Article 15, paragraph 2(b), of the Convention according to which a State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons.[...] with effect from the date of entry into force of the Protocol of 1996, the Danish limits of liability for ships of less than 300 tons will be 500,000 Units of Account as compared with the 1 million Units of Account stipulated in Article 6, paragraph 1(b)(i), of the Convention as amended by the Protocol.
23-05-2012
The Government of Denmark would like to make use of the option in article 15(3bis) of the 1976 Convention as amended by the 1996 Protocol to regulate, by specific provisions of national law, the system of limitation of liability to be applied to passengers. National law in Denmark will thus provide for a higher limit of liability in respect of claims arising from the loss of life or personal injury to passengers of a ship.
06-03-2018
The Kingdom of Denmark has ratified the Protocol of 1996 to amend the Convention on
Limitation of Liability for Maritime Claims, 1976.
In accordance with article 7 of the Protocol, it is hereby notified that with effect
from 6 March 2018, Denmark will not limit liability for maritime claims in respect
of the raising, removal, destruction or the rendering harmless of a ship which is
sunk, wrecked, stranded or abandoned, including anything that is or has been on board
such ship.
Estonia
16-03-2011
Pursuant to paragraph 1(b) of article 18 of the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, the Republic of Estonia reserves the right to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, or any amendments or protocol related thereto.
France
24-04-2007
Pursuant to the provisions of article 7 of this Protocol amending paragraph 1 (a), article 18 of the Convention on Limitation of Liability for Maritime Claims, 1976, the Government of the Republic of France reiterates its decision, declared on depositing its instrument of approval of the above-mentioned Convention, to exclude all entitlement to limitation of liability for claims relating to paragraphs 1 (d) and 1 (e), article 2 of the Convention.
Germany
03-09-2001
In accordance with Article 15 paragraph 2 first sentence (a) of the Convention as
amended by the Protocol, the limitation of liability to be applied to vessels which
are, according to the law of the Federal Republic of Germany, ships intended for
navigation on inland waterways, is regulated by the provisions of the Act Relating
to the Private Law Aspects of Inland Navigation. Sections 5e to 5l of this Act provide
as follows:
Section 5e
(1) The limit of liability for the total of all claims in respect of personal injury
arising on any distinct occasion shall be calculated as follows, so far as these are
not claims within the meaning of sections 5h and 5k:
1. For a passenger ship or other ship not intended for the carriage of cargo, to
the extent that a different amount does not arise under nos. 3 and 4, 200 Units of
Account per cubic metre of displacement at maximum permitted draught shall be fixed,
and, for ships equipped with mechanical means of propulsion, increased by 700 Units
of Account for each kW of the motorpower of the means of propulsion.
2. For a ship intended for the carriage of cargo, 200 Units of Account per ton of
the ship's maximum dead weight shall be fixed, and, for ships equipped with mechanical
means of propulsion, increased by 700 Units of Account for each kW of the motorpower
of the means of propulsion.
3. For a tug or pusher, 700 Units of Account for each kW of the motorpower of the
means of propulsion shall be fixed.
4. For a dredger, crane, elevator and any other floating moveable plant or appliance
of a similar nature, the value which the plant or appliance had at the time of the
occasion giving rise to liability shall be fixed.
(2) Where, at the time of the occasion giving rise to liability, a pusher was rigidly
coupled with one or more pushed barges to form a pushed convoy, the amount to be
fixed for the pusher in accordance with subsection 1 no. 3 shall be increased
by 100 Units of Account per ton of the maximum dead weight of the push boat, to the
extent that the pusher had not rendered salvage services or assistance services to
one or more of these pushed barges. If the limit of liability is increased for the
pusher pursuant to the first sentence, claims arising from the same occasion shall
be reduced by the same amount for each pushed barge which was rigidly coupled with
the pusher. However, the second sentence shall not apply to a claim of the party
liable for the pusher against the party liable for one of the pushed barges rigidly
coupled with the pusher for internal indemnification.
(3) Subsection 2 shall apply analogously to a mechanically propelled ship which,
at the time of the occasion giving rise to liability, was securely coupled with one
or more vessels, which do not constitute plants or appliances within the meaning of
sub-section 1 no. 4, as well as to coupled ships; subject, however, to the proviso
that the amount to be fixed for the moving ship in accordance with subsection 1 be
increased by 1000 Units of Account per cubic metre of displacement or per ton of the
maximum deadweight of the other ships.
(4) In any case, the limit of liability shall be not less that 200,000 Units of Account,
to the extent that the vessel in question is not a barge which is only used for the
purpose of transferring cargo in harbours.
Section 5f
(1) The limit of liability for claims in respect of material damage arising on any
distinct occasion shall be one half of the relevant limits of liability mentioned
in section 5e to the extent that these are not claims within the meaning of section
5h.
(2) On payment in respect of the maximum amount of liability referred to in sub-section
1, claims in respect of damage to harbour works, basins, waterways, locks, bridges
and aids to navigation shall have priority over other claims.
Section 5g
Where the limit of liability for claims in respect of personal injury mentioned in
section 5e is insufficient to pay these claims in full, the amount calculated in accordance
with subsection 1 shall be available for payment of the unpaid balance of claims under
section 5e. The balance of claims in respect of personal injury shall rank rateably
with claims in respect of material damage in this context; section 5f sub-section
2 is, in this respect, not to be applied.
Section 5h
(1) For the total of all claims in respect of damage caused by third parties arising
on any distinct occasion as a result of dangerous substances transported on the ship
of the party liable, a separate limit of liability shall apply where the claims are
not claims under section 22 of the Water Resources Management Act. The limit of liability
shall be available solely for payment of the claims referred to in the first sentence.
Dangerous substances within the meaning of the first sentence are listed in Annex
A to the Regulations for the Carriage of Dangerous Substances on the Rhine (ADNR)
(Annex 1 to the Ordinance on the Entry into Force of the Regulations for the Carriage
of Dangerous Substances on the Rhine and the Regulations for the Carriage of
Dangerous Substances on the Mosel of 21 December 1994, Federal Law Gazette II pp.
3830, 3831) in the respective version enacted in the Federal Republic of Germany.
(2) The limit of liability applicable pursuant to subsection 1 shall be,
1. for the total of all claims in respect of personal injury arising on any distinct
occasion, three times the limits of liability applicable pursuant to section 5e; subject,
however, to minimum of 5 million Units of Account;
2. for the total of all claims in respect of material damage arising on any distinct
occasion, three times the limits of liability applicable pursuant to section 5f; subject,
however, to a minimum of 5 million Units of Account.
(3) On payment in respect of the maximum amount of liability referred to in sub-section
2 no. 2, claims in respect of damage to harbour works, basins, waterways, locks, bridges
and aids to navigation shall have priority over other claims.
(4) Where the limit of liability for claims in respect of personal injury applicable
pursuant to subsection 2 no. 1 is insufficient to pay these claims in full, the amount
calculated in accordance with subsection 2 no. 2 shall be available for payment of
the unpaid balance of claims under subsection 2 no. 1. The balance of claims in respect
of personal injury shall rank rateably with claims in respect of material damage in
this context; subsection 3 is, in this respect, not to be applied.
Section 5i
Nothwithstanding sections 5e, 5f subsection 1 and section 5h, a salvor within the
meaning of section 5c subsection 1 no. 2 or a pilot working on board can limit his
liability for the total of all claims in respect of personal injury arising on any
distinct occasion to an amount of 200,000 Units of Account, and, for claims in respect
of material damage, to an amount of 100,000 Units of Account. Section 5f subsection
2 and section 5g shall apply analogously.
Section 5j
For the total of all claims arising from wreck removal, a separate limit of liability
shall apply. This limit shall be one half of the limits of liability mentioned in
section 5e. The limit of liability shall be available solely for payment of the claims
arising from wreck removal.
Section 5k
(1) In respect of the total of all claims arising on any distinct occasion for loss
of life or personal injury to persons carried by that ship (passengers):
1. under a contract of passenger carriage, or
2. who, with the consent of the carrier, are accompanying a vehicle or live animals
which are covered by a contract for the carriage of goods,
a separate limit of liability shall apply. This limit of liability shall be available
solely for payment of claims made by those passengers.
(2) The limit of liability for claims in respect of personal injury to passengers
pursuant to subsection 1 shall be 60,000 Units of Account multiplied by the number
of passengers which the ship is authorized to carry according to the ship's certificate.
If the number of passengers who may be carried is not specified, the limit of liability
shall be determined on the basis of the number of passengers actually carried by
the ship at the time of the occasion giving rise to liability. However, the limit
of liability shall be no less than 720,000 Units of Account and shall not exceed 12
million Units of Account.
(3) Notwithstanding subsection 2, the limit of liability for a salvor with the meaning
of section 5c subsection 1 no. 2 or a pilot working on board shall be 720,000 Units
of Account.
Section 5l
The Unit of Account referred to in this chapter shall be the Special Drawing Right
as defined by the International Monetary Fund. The limits of liability mentioned in
sections 5e to 5k shall be converted into German Marks according to the value of the
German Mark at the date the limitation fund shall have been constituted or at the
date of the provision of security permitted by a court. If the limit of liability
is asserted by way of defence pursuant to section 5d subsection 3, the date of the
court decision shall be decisive for the date of conversion. The value of the German
Mark in terms of the Special Drawing Right 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.
In accordance with Article 15 paragraph 2 first sentence (b) of the Convention as
amended by the Protocol, the limit of liability for ships with a tonnage of up to
250 tons is regulated by specific provisions of the domestic law of the Federal Republic
of Germany to the effect that, with respect to such a ship, the limit of liability
to be calculated in accordance with Article 6 paragraph 1 (b) of the Convention is
one half of the limit of liability applicable to a ship with a tonnage of 2,000 tons.
Moreover, the Federal Republic of Germany reserves the right, in accordance with Article
18 paragraph 1 of the Convention as amended by the Protocol, to exclude the application
of Article 2 paragraph 1 (d) and (e) of the Convention as amended by the Protocol
of 1996.
Iceland
17-11-2008
In accordance with Article 18, paragraph 1, of the Convention on Limitation of Liability
for Maritime Claims of 19 November 1976, as amended by Article 7 of the Protocol,
Iceland excludes the application of Article 2, paragraphs 1(d) and (e).
In accordance with Article 18, paragraph 1, of the Convention on Limitation of Liability
for Maritime Claims of 19 November 1976, as amended by Article 7 of the Protocol,
Iceland excludes claims for damage within the meaning of the International Convention
on Liability and Compensation for Damage in Connection with the Carriage of Hazardous
and Noxious Substances by Sea, 1996 or of any amendment of protocol thereto.
The other provisions of the Convention shall be inviolably observed.
Iraq
11-09-2023
The Republic of Iraq asserts that acceding to the convention does not, under any circumstances, imply recognition of Israel or entering into any relations with it.
Kenya
07-07-2015
The Government of the Republic of Kenya pursuant to article 7(1)(b) of the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976, reserves the right to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996.
Lithuania
14-09-2007
[...] pursuant to paragraph 1 of Article 18 of the Convention on Limitation of Liability
for Maritime Claims, 1976, as amended by the Protocol of 1996, the Republic of Lithuania
hereby excludes:
(1) the application of subparagraphs d) and e) of paragraph 1 of Article 2 of the
Convention on Limitation of Liability for Maritime Claims, 1976;
(2) claims for damage within the meaning of the International Convention on Liability
and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea, 1996, or any amendment or protocol related thereto.
Malta
13-02-2004
(a) Pursuant to Article 18(l)(a) and (b) of the 1976 Convention as amended by the
1996 Protocol, Malta reserves the right to exclude the application of Article 2, paragraphs
1 (d) and (e), and to exclude claims for damage within the meaning of the International
Convention on Liability and Compensation for Damage in connection with the Carriage
of Hazardous and Noxious Substances by Sea, 1996, which arise from occurrences which
take place after the coming into force of that Convention as part of the Law of Malta.
(b) Malta intends to make use of the option provided for in Article 15(2)(b) of the
1976 Convention as amended by the 1996 Protocol to regulate by specific provisions
of national law the system of limitation of liability to be applied to ships less
than 300 tons. National law in Malta will apply the provisions of the 1976 Convention
as amended by the 1996 Protocol to such ships. However, for such ships, Article 6
will have effect as if Article 6(l)(a)(i) refers to 1,000,000 units of account and
Article 6(1)(b)(i) refers to 500,000 units of account.
(c) Malta intends to make use of the option provided for in article 15(3bis) of the
1976 Convention as amended by the 1996 Protocol to regulate by specific provisions
of national law the system of limitation of liability to be applied to passengers.
To this effect, national law in Malta implementing the 1976 Convention as amended
by the 1996 Protocol will not apply to claims covered by the Athens Convention relating
to the Carriage of Passengers and their Luggage by Sea, 1974, which arise from occurrences
which take place after the coming into force of that Convention as part of the Law
of Malta.
Netherlands, the Kingdom of the
23-12-2010
The Kingdom of the Netherlands reserves the right, pursuant to paragraph 1 of article
18 of the Convention on Limitation of Liability for Maritime Claims, 1976, amended
by article 7 of the Protocol of 1996, to exclude:
(a) the application of article 2, paragraphs 1(d) and (e);
(b) claims for damage within the meaning of the International Convention on Liability
and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea, 1996, or of any amendment or protocol related thereto.
24-03-2022
The Kingdom of the Netherlands reserves the right, having regard to article 18, paragraph
1(a) and (b) of the Convention on Limitation of Liability for Maritime Claims, 1976,
as amended by the Protocol of 1996:
a. to exclude the application of article 2, paragraphs 1(d) and (e);
b. to exclude claims for damage within the meaning of the International Convention
on Liability and Compensation for Damage in Connection with the Carriage of Hazardous
and Noxious Substances by Sea, 1996, concluded in London on 3 May 1996, as amended
by the Protocol of 2010 to the International Convention on Liability and Compensation
for Damage in Connection With The Carriage Of Hazardous And Noxious Substances by
Sea, 1996, concluded in London on 30 April 2010, or of any further amendment or protocol
thereto.
24-03-2022
In accordance with Article 15, paragraph 2, first sentence, littera a, of the Convention
on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of
1996, the Kingdom of the Netherlands, for the European part of the Netherlands, herewith
informs the Secretary-General of the International Maritime Organization that the
system of limitation of liability to be applied to vessels which are, according to
the law of the Netherlands, ships intended for navigation on inland waterways, is
regulated by the following provisions of the law of the Netherlands:
The Act of 31 October 1996 (Staatsblad 1996, 548) relating to the limitation of liability
of owners of inland navigation vessels provides that the limits of liability shall
be calculated in accordance with an Order in Council.
The relevant Order in Council of 29 November 1996 (Staatsblad 1996, 587), amended
by the relevant Order in Council of 13 March 2018 (Staatsblad 2018, 128), stipulates
the following limits of liability in respect of ships intended for navigation on inland
waterways.
Article 1.
Limits of liability for claims in respect of loss of life or personal injury other
than those in respect of passengers of a ship, arising on any distinct occasion:
a. for claims in respect of loss of life or personal injury that are not claims within
the meaning of Article 2 (loss of life and personal injury fund):
1. for a ship not intended for the carriage of cargo, in particular a passenger ship,
400 Units of Account per cubic metre of displacement at maximum permitted draught,
plus, for ships equipped with mechanical means of propulsion, 1400 Units of Account
for each kW of the motorpower of the means of propulsion;
2. for a ship intended for the carriage of cargo, 400 Units of Account per ton of
the ship's maximum deadweight, plus, for ships equipped with mechanical means of propulsion,
1400 Units of Account for each kW of the motorpower of the means of propulsion;
3. for a tug or a pusher, 1400 Units of Account for each kW of the motorpower of the
means of propulsion;
4. for a pusher which at the time the damage was caused was coupled to barges in a
pushed convoy, the amount calculated in accordance with 3 shall be increased by 200
Units of Account per ton of the maximum deadweight of the pushed barges; such increase
shall not apply if it is proved that the pusher has rendered salvage services to one
or more of such barges;
5. for a ship equipped with mechanical means of propulsion which at the time the damage
was caused was moving other ships coupled to this ship, the amount calculated in accordance
with 1, 2, or 3 shall be increased by 200 Units of Account per ton of the maximum
deadweight or per cubic metre of displacement of the other ships; such increase shall
not apply if it is proved that this ship has rendered salvage services to one or more
of the coupled ships;
6. for hydrofoils, ferries, dredgers, floating cranes, elevators and all other floating
appliances, pontoons or plant of a similar nature, treated as inland navigation ships
in accordance with Article 1060, paragraph 4 of Book 8 of the Civil Code, their value
at the time of the incident;
b. for claims for costs and compensation owed in respect of water pollution that are
not claims for loss of life or personal injury (water pollution fund): the amount
of the loss of life and personal injury fund;
c. for any other claim (property fund): half of the amount of the loss of life and
personal injury fund.
2. Where in cases mentioned under paragraph 1, subparagraph a, under 4 and 5 the limitation
fund of the pusher or the mechanically propelled ship is increased by 200 Units of
Account per ton of the maximum deadweight of the pushed barges or by 200 Units of
Account per ton of the maximum deadweight or per cubic metre of displacement of the
other coupled ships, the limitation fund of each barge or of each of the other coupled
ships shall be reduced by 200 Units of Account per ton of the maximum deadweight of
the barge or by 200 Units of Account per ton of the maximum deadweight or per cubic
metre of displacement of the other vessel.
3. In no case shall the limitation amount of the loss of life and personal injury
fund and of the water pollution fund be less than 400,000 Units of Account and in
no case shall the limitation amount of the property fund be less than 200,000 Units
of Account.
4. A salvor to an inland navigation ship, who is not operating from a seagoing ship
or inland navigation ship or who is operating solely on the inland navigation ship
to, or in respect of which he is rendering salvage services, can limit his liability
to the amounts mentioned in paragraph 3.
Article 2.
In respect of claims arising on any distinct occasion for loss of life or personal
injury to passengers of an inland navigation ship, the limit of liability of the
owner thereof (passenger fund) shall be an amount equal to 100,000 Units of Account
multiplied by the number of passengers the ship is authorized to carry according to
its legally established capacity or, in the event that the maximum number of passengers
the ship is authorized to carry has not been established by law, an amount equal to
100,000 Units of Account multiplied by the number of passengers actually carried on
board at the time of the incident. However, the limitation of liability shall in no
case be less than 2 million Units of Account.
2. For the purpose of the application of this Article, ‘claims for loss of life or
personal injury to passengers shall mean any such claims brought in response to an
incident that took place in relation to any person carried in that ship:
a. under a contract of passenger carriage;
b. who, with the consent of the carrier, is accompanying a vehicle or live animals
which are covered by a contract for the carriage of goods.
Article 3.
1. In cases in which the liability of the owner of an inland navigation ship for claims
arising from a single incident rests or partly rests on Title 8.11.4 of the Civil
Code, the amount of the fund referred to in Article 1065 of Book 8 of the Civil Code
(dangerous goods fund) in respect of claims for loss of life or personal injury (loss
of life and personal injury fund):
a. for a ship not intended for the carriage of cargo, in particular a passenger ship,
is 800 Units of Account per cubic metre of displacement at maximum permitted draught,
plus, for ships equipped with mechanical means of propulsion, 2800 Units of Account
for each kW of the motorpower of the means of propulsion;
b. for a ship intended for the carriage of cargo, is 800 Units of Account per ton
of the ship’s maximum deadweight, plus, for ships equipped with mechanical means of
propulsion, 2800 Units of Account for each kW of the motorpower of the means of propulsion;
c. for a tug or a pusher, is 2800 Units of Account for each kW of the motorpower of
the means of propulsion;
d. for a pusher which at the time the damage was caused was coupled to barges in a
pushed convoy, is the amount calculated in accordance with (c), increased by 400 Units
of Account per ton of the maximum deadweight of the pushed barges; such increase shall
not apply if it is proved that the pusher has rendered salvage services to one or
more of such barges;
e. for a ship equipped with mechanical means of propulsion which at the time the damage
was caused was moving other ships coupled to this ship, is the amount calculated in
accordance with (a), (b), or (c), increased by 400 Units of Account per ton of the
maximum deadweight or per cubic metre of displacement of the other ships; such increase
shall not apply if it is proved that this ship has rendered salvage services to one
or more of the coupled ships;
f. for the objects treated as inland navigation ships in accordance with Article 1060,
paragraph 4 of Book 8 of the Civil Code: an amount equal to double the value at the
time of the incident that gave rise to the claim.
2. In respect of any other claim (property fund) the amount of the fund shall be calculated
in the same way as provided for by paragraph 1. However, the amount shall be set at
half of the amount of the loss of life and personal injury fund.
3. The amount of the loss of life and personal injury fund and the amount of the property
fund can never be lower than 10 million Units of Account.
4. Where in such cases mentioned under paragraph 1, subparagraphs d and e the loss
of life and personal injury fund of the pusher or of the ship equipped with mechanical
means of propulsion is increased by 400 Units of Account per ton of the maximum deadweight
of the pushed barges or by 400 Units of Account per ton of the maximum deadweight
or per cubic metre of displacement of the other coupled ships, then in relation to
claims arising from the same incident, the loss of life and personal injury fund of
each pusher or of each of the other coupled ships shall be reduced by 400 Units of
Account per ton of the maximum deadweight of the pusher or by 400 Units of Account
per ton of the maximum deadweight or per cubic metre of displacement of the other
coupled ship.
Article 4.
The statutory interest, calculated from the commencement of the day following the
date of the incident that gave rise to the claim until the commencement of the day
following the date on which the person who submitted a request for limitation of his
liability complied with an order imposed on him pursuant to Article 642c of the Code
of Civil Procedure, shall be added to the amounts mentioned in Articles 1, 2 and 3.
Article 5.
The Unit of Account referred to in Articles 1, 2 and 3 is the Special Drawing Right
as defined by the International Monetary Fund. The amounts mentioned in Articles 1,
2 and 3 shall be converted into Dutch currency at the date on which the debtor complies
with an order to make a payment or furnish another form of security pursuant to Article
642c of the Code of Civil Procedure. The value of Dutch currency in terms of the Special
Drawing Right 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.
In accordance with Article 15, paragraph 2, first sentence, littera b, of the Convention
on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol
of 1996, the Kingdom of the Netherlands, for the European part of the Netherlands,
herewith informs the Secretary-General of the International Maritime Organization
that the system of limitation of liability to be applied to ships which have a tonnage
of less than 300, is regulated by the following provisions of the law of the Netherlands:
The Act of 21 February 2009 (Staatsblad 2009, 162) relating to the limitation of
liability for maritime claims provides that with respect to ships which are according
to their construction intended exclusively or mainly for the carriage of persons and
have a tonnage of less than 300, the limit of liability for claims other than for
loss of life or personal injury may be established by Order in Council at a lower
level than under the said Protocol of 1996 to amend the Convention of 1976. The relevant
Order in Council of 27 November 1996 (Staatsblad 1996, 586) provides that the limit
shall be 100,000 Units of Account. The Unit of Account is the Special Drawing Right
as defined in Article 8 of the Convention on Limitation of Liability for Maritime
Claims, 1976, as amended by the Protocol of 1996.
New Zealand
04-04-2014
[...] consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the charter of the United Nations, this accession shall not extend to Tokelau unless and until a declaration to this effect is lodged by the Government of New Zealand with the depositary on the basis of appropriate consultation with that territory.
15-10-2018
... the Government of New Zealand HEREBY EXCLUDES the application of Article 2, paragraphs 1(d) and (e); and claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, or any amendment or protocol related thereto.
Norway
17-10-2000
In accordance with article 18 paragraph 1 of the Convention on Limitation of Liability for Maritime Claims, 1976 as amended by article 7 of the Protocol of 1996, Norway reserves its right to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, or of any amendment or protocol thereto.
Poland
17-11-2011
"(a) Pursuant to Article 18(1)(a) and (b) of the 1976 Convention as amended by the
1996 Protocol, the Republic of Poland hereby excludes the application of Article 2,
paragraphs 1(d) and (e), and claims for damage within the meaning of the International
Convention on Liability and Compensation for Damage in connection with the Carriage
of Hazardous and Noxious Substances by Sea, 1996, or of any amendment or protocol
related thereto, which arise from occurrences which take place after the entry into
force of that Convention with regard to the Republic of Poland.
(b) The Republic of Poland intends to make use of the option provided for in article
15(2)(b) of the 1976 Convention as amended by the 1996 Protocol to regulate by specific
provisions of national law the system of limitation of liability to be applied to
ships less than 300 tons. The Republic of Poland will inform the Secretary-General
of IMO of the limits of liability upon adoption of the specific provisions in the
Polish legislation.
05-11-2012
In accordance with article 15, paragraph 2(b) of the Convention on Limitation of Liability
for Maritime Claims, 1976, as amended by the Protocol of 1996, the Republic of Poland
hereby informs that the following limits of liability to ships of less than 300 tones
are applied in Poland as from 27 October, 2012:
1) 200 000 units of accounts - in respect of claims for loss of life or personal injury,
and
2) 100 000 units - in respect of any other claims.
Russian Federation
25-05-1999
The Russian Federation reserves the right, pursuant to paragraph 1 of article 18 of
the Convention on Limitation of Liability for Maritime Claims, 1976, amended by the
Protocol of 1996, to exclude:
(a) the provisions of subparagraphs (d) and (e) of paragraph 1 of article 2;
(b) claims related to damage in the meaning of the International Convention on Liability
and Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea, 1996, or any amendment or protocol related thereto.
Statement
The Russian Federation pursuant to subparagraph (e) of article 3 of the Convention
on Limitation of Liability for Maritime Claims, 1976, amended by the Protocol of 1996,
will apply the legislation of the Russian Federation on compensation for injury to
persons or property, in full, to claims for personal injury or property caused to
employees of shipowners or rescuers, arising from liabilities related to the vessel
or rescue operations, as well as to claims by their heirs, dependants or persons entitled
to be maintained by them, if the contract of employment between the shipowner
or rescuer and those employees is subject to the law of the Russian Federation.
The Russian Federation makes use of the possibility, provided in paragraph 3 of article
15 of the Convention on Limitation of Liability for Maritime Claims, 1976, amended
by the Protocol of 1996, and will apply the law of the Russian Federation on compensation
for damage to persons or personal property, in full, to claims for compensation for
damage to persons or personal property, directly connected with the operation of the
ship or with rescue operations, if the shipowner and the person concerned or rescuer
and the person concerned are organizations or citizens of the Russian Federation.
The Russian Federation makes use of the possibility, provided in paragraph 3 of article
15 of the Convention on Limitation of Liability for Maritime Claims, 1976, amended
by the Protocol of 1996, and will apply the law of the Russian Federation on compensation
for damage to the life or health of citizens, in full, to claims for compensation
for damage caused to the life or health of passengers on a ship if the shipowner and
passenger are organizations or citizens of the Russian Federation.
01-09-2022
[...] withdrawal of the reservation to sub-paragraphs "d" and "e" of paragraph 1 of article 2 of the Convention on Limitation of Liability for Maritime Claims, 1976 at the accession of the Russian Federation [...] to the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976.
Singapore
30-09-2019
Reservations:
The Republic of Singapore reserves the right, pursuant to article 18, paragraphs 1(a)
and (b), of the Convention on Limitation of Liability for Maritime Claims, 1976, to
exclude:
a. the application of article 2, paragraphs 1(d) and (e), of the Convention on Limitation
of Liability for Maritime Claims, 1976, as amended by the Protocol;
b. claims for damage within the meaning of the International Convention on Liability
and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea, 1996 or of any amendment or protocol thereto.
Notifications:
(i) The Republic of Singapore, pursuant to article 6, paragraph 3, of the Convention
on Limitation of Liability for Maritime Claims, 1976 as amended by the Protocol, notifies
that it has provided in its national law that claims in respect of damage to harbour
works, basins and waterways and aids to navigation shall have priority over other
claims under article 6, paragraph 1(b), of the Convention on Limitation of Liability
for Maritime Claims, 1976, as amended by the Protocol.
(ii) The Republic of Singapore further notifies that:
a. in accordance with article 15, paragraph 2(a), of the Convention on Limitation
of Liability for Maritime Claims, 1976 as amended by the Protocol, the limit of liability
for ships which are licensed as harbour craft, according to the laws of the Republic
of Singapore, is regulated by specific provisions of the national law of the Republic
of Singapore, namely, the Maritime and Port Authority of Singapore Act (Cap. 170A),
to the effect that, with respect to such ships, the limit of liability will be the
sum insured under the policy of insurance for the time being required by the Port
Master under that Act to be in force in relation to such harbour craft in respect
of third party risks;
b. in accordance with article 15, paragraph 2(b), of the Convention on Limitation
of Liability for Maritime Claims, 1976 as amended by the Protocol, the limit of liability
for ships less than 300 tons, other than ships which are licensed as harbour craft
according to the laws of the Republic of Singapore, is regulated by specific provisions
of the national law of the Republic of Singapore, to the effect that, with respect
to such ships, article 6 of the Convention on Limitation of Liability far Maritime
Claims, 1976, as amended by the Protocol, shall have effect as if:
(A) article 6, paragraph 1(a)(i), referred to 166,667 Units of Account; and
(B) article 6, paragraph 1(b)(i), referred to 83,333 Units of Account.
(iii) The Republic of Singapore may make use of the option provided for in article
15, paragraph 3bis, of the Convention on Limitation of Liability for Maritime Claims,
1976, as amended by the Protocol, to regulate by specific provisions of national law
the system of limitation of liability to be applied to claims for loss of life or
personal injury to passengers of a ship. The Republic of Singapore will inform the
Secretary-General of the International Maritime Organization of the limits of liability
upon adoption of specific provisions of such national law.
Spain
10-01-2005
1. In accordance with paragraph 2(b), article 15 of the Convention on Limitation of
Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, the limit
of liability for ships not exceeding 300 gross tonnage shall be regulated by specific
provisions of the national law of the Kingdom of Spain, such that, in respect of those
ships, the limit of liability, calculated in accordance with paragraph I (a) and (b),
article 6 of the Convention, shall be half of the liability limit applicable to a
ship not exceeding 2,000 gross tonnage.
2.The Kingdom of Spain, in accordance with paragraph 1, article 18 of the Convention
on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of
1996, reserves the right not to apply paragraph I(d) and (e), article 2 of the Convention.
Claims relating to paragraph 1 (d) and (e), article 2 of the Convention shall not
have entitlement to limitation of liability and shall be subject to the provisions
of national law, specifically article 107 of the State Ports and Merchant Marine Act
No.27/1992 of 24 November 1992.
Sweden
03-07-2015
The Government of Sweden is making use of the option in article 15(3bis) of the 1976
Convention on Limitation of Liability for Maritime Claims as amended by the 1996 Protocol
to regulate, by specific provisions of national law, the system of limitation of liability
to be applied to passengers.
National law in Sweden will as of 2 September 2015 provide a higher limit of liability
in respect of claims arising from the loss of life or personal injury to passengers
of a ship, namely 250,000 Units of Account.
Türkiye
19-07-2010
The republic of Turkey reserves the right, pursuant to paragraph 1 of article 18 of
the Convention on Limitation of Liability for Maritime Claims, 1976, amended by article
7 of the Protocol of 1996, to exclude:
(a) the application of article 2, paragraphs 1(d) and (e);
(b) claims for damage within the meaning of the International Convention on Liability
and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea, 1996, or of any amendment or protocol related thereto.
United Kingdom
11-06-1999
(a) Pursuant to article 18(1)(a) and (b) of the 1976 Convention as amended by the
1996 Protocol, the United Kingdom reserves the right to exclude the application of
article 2, paragraphs 1(d) and (e), and to exclude claims for damage within the meaning
of the International Convention on Liability and Compensation for Damage in connection
with the Carriage of Hazardous and Noxious Substances by Sea, 1996.
(b) The United Kingdom intends to make use of the option provided for in article 15(2)(b)
of the 1976 Convention as amended by the 1996 Protocol to regulate by specific provisions
of national law the system of limitation of liability to be applied to ships less
than 300 tons. National law in the United Kingdom will apply the provisions of the
1976 Convention as amended by the 1996 Protocol to such ships. However, for such ships,
article 6 will have effect as if article 6(1)(a)(i) referred to 1,000,000 Units of
Account and article 6(1)(b)(i) referred to 500,000 Units of Account.
(c) The United Kingdom intends to make use of the option provided for in
article 15(3bis) of the 1976 Convention as amended by the 1996 Protocol to regulate
by specific provisions of national law the system of limitation of liability to be
applied to passengers. National law in the United Kingdom implementing the 1976 Convention
as amended by the 1996 Protocol will provide for no limit of liability in respect
of claims arising from the loss of life or personal injury to passengers of a ship.
However, separate limits may continue to apply to a liability for such claims under
national law based on the provisions of the Convention relating to the Carriage of
Passengers and their Luggage by Sea.
The United Kingdom's ratification of the Protocol of 1996 will not be extended to
the Overseas Territories of the United Kingdom until such time as the United Kingdom's
denunciation of the 1976 Convention is extended to them.
14-12-2009
The reservations made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to articles 18(1)(a) and (b), 2(1)(d) and (e), 15(2)(b), 6(1)(a)(i) and (1)(b)(i), and 15(3bis) of the 1976 Convention as amended by the Protocol of 1996 will apply in respect to the Bailiwick of Jersey and the Cayman Islands.
25-05-2012
The reservations made by the Government of the United Kingdom of Great Britain and Northern Ireland upon ratification with respect to articles 18(1)(a) and (b), 2(1)(d) and (e), 15(2)(b), 6(1)(a)(i) and (1)(b)(i), and 15(3bis) of the 1976 Convention as amended by the Protocol of 1996 will apply in respect to the Isle of Man.