Vuoden 1976 yleissopimus merioikeudellisia vaateita koskevan vastuun rajoittamisesta.
Convention on limitation of liability for maritime claims, 1976
1976 års konvention om begränsning av sjörättsligt skadeståndsansvar
- Sopimustyyppi
- II Monenväliset sopimukset
- 2. Liikenne ja tiedonkulku
- 2.3. merenkulku, meriliikenne
- Voimaantulotiedot
- Alkamispäivä
- Kansainvälinen voimaantulopäivä
- Kansainvälinen voimaantulopäivä
- Allekirjoittaminen
- Ratifiointipäivä
- R
Alankomaat
Sitoutumispäivä:
Varauma:
In accordance with Article 18, paragraph 1, of the Convention on limitation of liability for maritime claims, 1976, done at London on 19 November 1976, the Kingdom of the Netherlands reserves the right to exclude the application of Article 2, paragraph 1(d) and (e) of the Convention. With a notification under article 15(2). Paragraph 2(a) The Act of June 14th 1989 (Staatsblad 239) 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 Order in Council of February 19th 1990 (Staatsblad 96)adopts the following limits of liability in respect of ships intended for navigation on inland waterways. I Limits of liability for claims in respect of loss of life or personal injury other than those in respect of passangers of a ship, arising on any distinct occasion: 1. for a ship not intended for the carriage of cargo, in particular a passanger ship, 200 Units of Account per cubic metre of dispalcement at maximum permitted draught, plus, for ships equipped with mechanical means of propulsion, 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 deadweight, plus, for ships equipped with mechanical means of propulsion, 700 Units of Account for each kW of the motorpower of the means of propulsion; 3. for a tug or a pusher, 700 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 100 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 movinng other ships coupled to this ship, the amount calculated in accordance with 1, 2 or 3 shall be increased by 100 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, 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 951a, paragraph 4 of the Commercial Code, their value at the time of the incident; 7. where in cases mentioned under 4 and 5 the limitation fund of the pusher or the mechanically propelled ship is increased by 100 Units of Account per ton of the maximum deadweight of the pushed barges or by 100 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 100 Units of Account per ton of the maximum deadweight of the barge or by 100 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other vessel with respect to claims arising out of the same incident; however, in no case shall the limitation amount be less than 200,000 Units of Account II The limits of liability for claims in respect of any damage caused by water pollution, other than claims for loss of life or personal injury, are equal to the limits mentioned under I. III The limits of liability for all other claims are equal to half the amount of the limits mentioned under I. IV In respect of claims arising on any distinct occasion for loss of life or personal injury to passangers of an inland navigation ship, the limit of liability of the owner thereof shall be an amount equal to 60,000 Units of Account multiplied by the number of passangers the ship is authorized to carry according to its legally established capacity or, in the event that the maximum number of passangers the ship is authorized to carry has not been established by law, an amount equal to 60,000 Units of Account multiplied by the number of passangers actually carried on board at the time of the incident. However, the limitation of liability shall in no case be less than 720,000 Units of Account and shall not exceed the following amounts: (i) 3 million Units of Account for a vessel with an authorized maximum capacity of 100 passangers; (ii) 6 million Units of Account for a vessel with an authorized maximum capacity of 180 passangers; (iii) 12 million Units of Account for a vessel with an authorized maximum capacity of more than 180 passangers; "Claims for loss of life or personal injury to passangers" have been defined in the same way as in Article 7, paragraph 2 of the Convention on Limitation of Liability for Maritime Claims. 1976. The Unit of Account mentioned under I-IV is the Special Drawing Right as defined in Article 8 of the Convention on Limitation of Liability for Maritime Claims, 1976. Paragraph 2(b) The Act of 14 June 1989 (Staatsblad 241) 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 Convention. The Order in Council of February 19th 1990 (Staatsblad 97)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.
Arabiemiraattien liitto
Sitoutumispäivä: L
Voimaantulopäivä:
Australia
Sitoutumispäivä:
Bahama
Sitoutumispäivä:
Barbados
Sitoutumispäivä:
Belgia
Sitoutumispäivä:
Varauma:
(1) In accordance with the provisions of article 18, paragraph 1, Belgium expresses a reservation on article 2, paragraph 1(d) and (e). (2) In accordance with the provisions of article 15, paragraph 2, Belgium will apply the provisions of the Convention to inland navigation.
Belize
Sitoutumispäivä:
Benin
Sitoutumispäivä:
Egypti
Sitoutumispäivä:
Espanja
Sitoutumispäivä:
Georgia
Sitoutumispäivä: L
Guyana
Sitoutumispäivä: L
Voimaantulopäivä:
Hongkong
Sitoutumispäivä:
Irlanti
Sitoutumispäivä: L
Voimaantulopäivä:
Varauma:
In accordance with Article 18 of the Convention on Limitation of Liability for Maritime Claims, done at London on the 19th of November, 1976, Ireland´s accession to the said Convention is subject to the exclusion of the application of Article 2, paragraph 1(d) and (e) thereof to Ireland.
Japani
Sitoutumispäivä:
Varauma:
... the Government of Japan, in accordance with the provision of paragraph 1 of Article 18 of the Convention, reserves the right to exclude the application of paragraph 1(d) and (e)of Article 2 of the Convention.
Jemen
Sitoutumispäivä:
Kreikka
Sitoutumispäivä:
Kroatia
Sitoutumispäivä:
Latvia
Sitoutumispäivä: L
Voimaantulopäivä:
Liberia
Sitoutumispäivä:
Marshallinsaaret
Sitoutumispäivä:
Meksiko
Sitoutumispäivä:
Norja
Sitoutumispäivä:
Varauma:
Because a higher liability is established for Norwegian drilling vessels according to the Act of 27 May 1983 (No. 30)on changes in the Maritime Act of 20 July 1893, paragraph 324, such drilling vessels are exempted from the regulations of this Convention as specified in Article 15 No. 4.
Puola
Sitoutumispäivä:
Varauma:
Poland will now calculate financial liabilities mentioned in the Convention in the terms of the Special Drawing Right, according to the following method. The Polish National Bank will fix a rate of exchange of the SDR to the United States dollar according to the current rates of exchange quoted by Reuter. Next, the US dollar will be converted into Polish zloties at the rate of exchange quoted by the Polish National Bank from their current table of rates of foreign currencies.
Päiväntasaajan guinea
Sitoutumispäivä: L
Ranska
Sitoutumispäivä:
Varauma:
In accordance with Article 18, paragraph 1, the Government of the French Republic reserves the right to exclude the application of Article 2, paragraphs 1(d) and (e). No limit of liability is provided for vessels navigating on French internal waterways. As far as ships with a tonnage of less than 300 tons are concerned, the general limits of liability are equal to half those established in article 6 of the Convention . . . for ships with a tonnage not exceeding 500 tons.
Ruotsi
Sitoutumispäivä:
Varauma:
... I have the honour to inform you, in accordance with paragraph 4 of article 15 of the Convention, that Sweden has established under its national legislation a higher limit of liability for ships contructed for or adopted to and engaged in drilling than that otherwise provided for in article 6 of the Convention.
Saksa
Sitoutumispäivä:
Sveitsi
Sitoutumispäivä:
Varauma:
With a notification under article 8(4): The federal Council declares, with reference to article 8, paragraphs 1 and 4 of the Convention that Switzerland calculates the value of its national currency in special drawing rights (SDR) in the following way: The Swiss national Bank (SNB) notifies the International Monetary Fund (IMF) daily of the mean rate of the dollar of the United States of America on the Zurich currency market. The exchange value of one SDR in Swiss francs is determined from that dollar rate and the rate of the SDR in dollars calculated by IMF. On the basis of these values, SNB calculates a mean SDR rate which it will publish in its Monthly Gazette. With a notification under article 15(2) In accordance with article 15, paragraph 2, of the Convention on Limitation of Liability for Maritime Claims, 1976, we have the honour to inform you that Switzerland has availed itself of the option provided in paragraph 2(a) of the above-mentioned article. Since the entry into force of article 44a of the maritime Navigation Order of 20 November 1956, the limitation of the liability of the owner of an inland waterways ship has been determined in Switzerland in accordance with the provisions of that article, a copy of which is (reproduced below): II Limitation of liability of the owner of an inland waterways vessel Article 44a 1. In compliance with article 5, subparagraph 3c, of the law on maritime navigation, the liability of the owner of an inland waterways vessel, provided in article 126, subparagraph 2c, of the law, shall be limited as follows: a. in respect of claims for loss of life or personal injury, to an amount of 200 units of account per deadweight tonne of a vessel used for the carriage of goods and per cubic metre of water displaced for any other vessel, increased by 700 units of account per kilowatt of power in the case of mechanical means of propulsion, and to an amount of 700 units of account per kilowatt of power for uncoupled tugs and pusher craft; for all such vessels, however, the limit of liability is fixed at a minimum of 200,000 units of account; b) in respect of claims for passangers, to the amounts provided by the Convention on Limitation of Liability for Maritime Claims, 1976, to which article 49, subparagraph 1, of the federal law on maritime navigation refers; c) in respect of any other claims, half of the amounts provided under subparagraph a. 2. The unit of account shall be the special drawing right defined by the International Monetary Fund. 3. Where, at the time when damage was caused, a pusher craft was securely coupled to a pushed barge train, or where a vessel with mechanical means of propulsion was providing propulsion for other vessels coupled to it, the maximum amount of liability, for the entire coupled train, shall be determined on the basis of the amount of the liabilitry of the pusher craft or of the vessel with mechanical means of propulsion and also on the basis of the amount calculated for the deadweight tonnage or the water displacement of the vessels to which such pusher craft or vessel is coupled, in so far as it is not proved that such pusher craft or such vessel has rendered salvage services to the coupled vessels.
Tanska
Sitoutumispäivä:
Trinidad ja tobago
Sitoutumispäivä: L
Voimaantulopäivä:
Turkki
Sitoutumispäivä: L
Voimaantulopäivä:
Uusi-seelanti
Sitoutumispäivä:
Vanuatu
Sitoutumispäivä: