93 (1996) Nr. 5

A. TITEL

Protocol van 1996 tot wijziging van het Verdrag inzake beperking van aansprakelijkheid voor maritieme vorderingen, 1976;

Londen, 2 mei 1996

B. TEKST

De Engelse en de Franse tekst van het Protocol zijn geplaatst in Trb. 1997, 300.

Voor de Engelse tekst van de wijzigingen van het Protocol van 19 april 2012 (LEG.5(99)), zie Trb. 2013, 31.

In dat Tractatenblad dient in de tekst de volgende correctie te worden aangebracht.

Op blz 3, eerste liggend streepje, dient het getal „3,02” te worden vervangen door „3.02”.

C. VERTALING

Zie Trb. 2006, 17 en Trb. 2013, 31.

In dat Tractatenblad dient in de vertaling de volgende correctie te worden aangebracht.

Op blz 5, eerste liggend streepje, dient het getal „3.02” te worden vervangen door „3,02”.

D. PARLEMENT

Zie Trb. 2011, 46 en Trb. 2013, 31.

E. PARTIJGEGEVENS

Zie Trb. 1997, 300. Toetreding is voorzien in artikel 10, tweede lid, onder c, van het Protocol.

Partij

Ondertekening

Ratificatie

Type*

In werking

Opzegging

Buiten werking

Albanië

  

07-06-04

T

05-09-04

    

Antigua en Barbuda

  

12-10-09

T

10-01-10

    

Australië

  

08-10-02

T

13-05-04

    

België

  

09-10-09

T

07-01-10

    

Bulgarije

  

04-07-05

T

02-10-05

    

Canada

09-09-97

09-05-08

R

07-08-08

    

Congo, Republiek

  

19-05-14

T

17-08-14

    

Cookeilanden

  

12-03-07

T

10-06-07

    

Cyprus

  

23-12-05

T

23-03-06

    

Denemarken

25-09-97

12-04-02

R

13-05-04

    

Duitsland

25-04-97

03-09-01

R

13-05-04

    

Estland

  

16-03-11

T

14-06-11

    

Finland

18-04-97

15-09-00

R

13-05-04

    

Frankrijk

07-02-97

24-04-07

R

14-07-07

    

Griekenland

  

06-07-09

T

04-10-09

    

Hongarije

  

04-07-08

T

02-10-08

    

Ierland

  

25-01-12

T

24-04-12

    

IJsland

  

17-11-08

T

15-02-09

    

India

  

23-03-11

T

21-06-11

    

Jamaica

  

19-08-05

T

17-11-05

    

Japan

  

03-05-06

T

01-08-06

    

Kroatië

  

15-05-06

T

13-08-06

    

Letland

  

18-04-07

T

17-07-07

    

Liberia

  

18-09-08

T

17-12-08

    

Litouwen

  

14-09-07

T

13-12-07

    

Luxemburg

  

21-11-05

T

19-02-06

    

Maleisië

  

12-11-08

T

10-02-09

    

Malta

  

13-02-04

T

13-05-04

    

Marshalleilanden

  

30-01-06

T

30-04-06

    

Mongolië

  

28-09-11

T

27-12-11

    

Nederlanden, het Koninkrijk der

29-09-97

          

– Nederland:

            

 – in Europa

  

23-12-10

R

23-03-11

    

 – Bonaire

  

–

  

–

    

 – Sint Eustatius

  

–

  

–

    

 – Saba

  

–

  

–

    

– Aruba

  

–

  

–

    

– Curaçao

  

–

  

–

    

– Sint Maarten

  

–

  

–

    

Nieuw-Zeeland

  

04-04-14

T

03-07-14

    

Niue

  

27-06-12

T

25-09-12

    

Noorwegen

25-09-97

17-10-00

R

13-05-04

    

Palau

  

29-09-11

T

28-12-11

    

Polen

  

17-11-11

T

15-02-12

    

Roemenië

  

12-03-07

T

10-06-07

    

Russische Federatie

  

25-05-99

T

13-05-04

    

Saint Lucia

  

20-05-04

T

18-08-04

    

Samoa

  

18-05-04

T

16-08-04

    

Servië

  

19-03-13

T

17-06-13

    

Sierra Leone

  

01-11-01

T

13-05-04

    

Spanje

  

10-01-05

T

10-04-05

    

Syrië

  

02-09-05

T

01-12-05

    

Tonga

  

18-09-03

T

13-05-04

    

Turkije

  

19-07-10

T

17-10-10

    

Tuvalu

  

12-01-09

T

12-04-09

    

Verenigd Koninkrijk

16-10-96

11-06-99

R

13-05-04

    

Zweden

18-02-97

22-07-04

R

20-10-04

    

* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid, NB=Niet bekend

Uitbreidingen

Denemarken

Uitgebreid tot

In werking

Buiten werking

Groenland

13-05-2004

  

Verenigd Koninkrijk

Uitgebreid tot

In werking

Buiten werking

Caymaneilanden

31-01-2011

  

Gibraltar

25-02-2014

  

Guernsey

11-06-2013

  

Jersey

14-12-2009

  

Man

13-05-2004

  

Verklaringen, voorbehouden en bezwaren

Australië, 31 mei 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.

België, 9 oktober 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, 9 mei 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.

Cyprus, 23 december 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.

Denemarken, 12 april 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.

As stated in the Instrument, the Protocol shall, however, not apply to the Faroe […].

Denemarken, 25 maart 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.

Denemarken, 23 mei 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.

Duitsland, 3 september 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.

Estland, 16 maart 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.

Frankrijk, 24 april 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.

IJsland, 17 november 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.

Kroatië, 15 mei 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.

Litouwen, 14 september 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 februari 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.

Nederlanden, het Koninkrijk der, 23 december 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.

Nieuw-Zeeland, 4 april 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.

Noorwegen, 17 oktober 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.

Polen, 17 november 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.

Polen, 5 november 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.

Russische Federatie, 25 mei 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.

Spanje, 10 januari 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.

Turkije, 19 juli 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.

Verenigd Koninkrijk, 11 juni 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.

Verenigd Koninkrijk, 14 december 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.

Verenigd Koninkrijk, 25 mei 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.

G. INWERKINGTREDING

Zie Trb. 2011, 46.

Resolutie LEG.5(99) van 19 april 2012

De wijzigingen van 19 april 2012 van het Protocol zijn ingevolge artikel 8, zevende lid, van het Protocol op 8 december 2013 geacht te zijn aanvaard en zullen ingevolge artikel 8, achtste lid, van het Protocol op 8 juni 2015 voor alle partijen, waaronder het Koninkrijk der Nederlanden, in werking treden.

Wat betreft het Koninkrijk der Nederlanden zullen de wijzigingen, evenals het Protocol, alleen gelden voor Nederland (het Europese deel).

J. VERWIJZINGEN

Zie Trb. 1997, 300, Trb. 2006, 17, Trb. 2011, 46 en Trb. 2013, 31.

Titel

:

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

Laatste Trb.

:

Trb. 2014, 112

Uitgegeven de zesentwintigste november 2014.

De Minister van Buitenlandse Zaken, A.G. KOENDERS

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