INTERNATIONAL CONVENTION
ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE (КГО/CLC)
(Brussels,
29.XI.1969)
The
States Parties to the present Convention,
Conscious
of the dangers of pollution posed by the worldwide maritime carriage of oil in
bulk,
Convinced
of the need to ensure that adequate compensation is available to persons who
suffer damage caused by pollution resulting from the escape or discharge of oil
from ships,
Desiring
to adopt uniform international rules and procedures for determining questions
of liability and providing adequate compensation in such cases,
Have
agreed as follows:
For
the purposes of this Convention:
1.
"Ship" means any sea-going vessel and any seaborne craft of any type
whatsoever, actually carrying oil in bulk as cargo.
2.
"Person" means any individual or partnership or any public or private
body, whether corporate or not, including a State or any of its constituent
subdivisions.
3.
"Owner" means the person or persons registered as the owner of the
ship or, in the absence of registration, the person or persons owning the ship.
However in the case of a ship owned by a State and operated by a company which
in that State is registered as the ship's operator, "owner" shall
mean such company.
4.
"State of the ship's registry" means in relation to registered ships
the State of registration of the ship, and in relation to unregistered ships
the State whose flag the ship is flying.
5.
"Oil" means any persistent oil such as crude oil, fuel oil, heavy
diesel oil, lubricating oil and whale oil, whether carried on board a ship as
cargo or in the bunkers of such a ship.
6.
"Pollution damage" means loss or damage caused outside the ship
carrying oil by contamination resulting from the escape or discharge of oil
from the ship, wherever such escape or discharge may occur, and includes the
costs of preventive measures and further loss or damage caused by preventive
measures.
7.
"Preventive measures" means any reasonable measures taken by any
person after an incident has occurred to prevent or minimize pollution damage.
8.
"Incident" means any occurrence, or series of occurrences having the
same origin, which causes pollution damage.
9.
"Organization" means the Inter-Governmental Maritime Consultative
Organization.
This
Convention shall apply exclusively to pollution damage caused on the territory
including the territorial sea of a Contracting State and to preventive measures
taken to prevent or minimize such damage.
1.
Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship
at the time of an incident, or where the incident consists of a series of
occurrences at the time of the first such occurrence, shall be liable for any
pollution damage caused by oil which has escaped or been discharged from the
ship as a result of the incident.
2.
No liability for pollution damage shall attach to the owner if he proves that
the damage:
(a) resulted from an act of
war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character, or
(b) was wholly caused by an
act or omission done with intent to cause damage by a third party, or
(c) was wholly caused by the
negligence or other wrongful act of any Government or other authority responsible
for the maintenance of lights or other navigational aids in the exercise of
that function.
3.
If the owner proves that the pollution damage resulted wholly or partially
either from an act or omission done with intent to cause damage by the person
who suffered the damage or from the negligence of that person, the owner may be
exonerated wholly or partially from his liability to such person.
4.
No claim for compensation for pollution damage shall be made against the owner
otherwise than in accordance with this Convention. No claim for pollution
damage under this Convention or otherwise may be made against the servants or
agents of the owner.
5.
Nothing in this Convention shall prejudice any right of recourse of the owner
against third parties.
When
oil has escaped or has been discharged from two or more ships, and pollution
damage results therefrom, the owners of all the ships concerned, unless
exonerated under Article III, shall be jointly and severally liable for all
such damage which is not reasonably separable.
1.
The owner of a ship shall be entitled to limit his liability under this
Convention in respect of any one incident to an aggregate amount of 2,000
francs for each ton of the ship's tonnage. However, this aggregate amount shall
not in any event exceed 210 million francs.
2.
If the incident occurred as a result of the actual fault or privity of the
owner, he shall not be entitled to avail himself of the limitation provided in
paragraph 1 of this Article.
3.
For the purpose of availing himself of the benefit of limitation provided for
in paragraph 1 of this Article the owner shall constitute a fund for the total
sum representing the limit of his liability with the Court or other competent
authority of any one of the Contracting States in which action is brought under
Article IX. The fund can be constituted either by depositing the sum or by
producing a bank guarantee or other guarantee, acceptable under the legislation
of the Contracting State where the fund is constituted, and considered to be
adequate by the Court or another competent authority.
4.
The fund shall be distributed among the claimants in proportion to the amounts
of their established claims.
5.
If before the fund is distributed the owner or any of his servants or agents or
any person providing him insurance or other financial security has as a result
of the incident in question, paid compensation for pollution damage, such
person shall, up to the amount he has paid, acquire by subrogation the rights
which the person so compensated would have enjoyed under this Convention.
6.
The right of subrogation provided for in paragraph 5 of this Article may also
be exercised by a person other than those mentioned therein in respect of any
amount of compensation for pollution damage which he may have paid but only to
the extent that such subrogation is permitted under the applicable national
law.
7.
Where the owner or any other person establishes that he may be compelled to pay
at a later date in whole or in part any such amount of compensation, with
regard to which such person would have enjoyed a right of subrogation under
paragraphs 5 or 6 of this Article, had the compensation been paid before the
fund was distributed, the Court or other competent authority of the State where
the fund has been constituted may order that a sufficient sum shall be
provisionally set aside to enable such person at such later date to enforce his
claim against the fund.
8.
Claims in respect of expenses reasonably incurred or sacrifices reasonably made
by the owner voluntarily to prevent or minimize pollution damage shall rank
equally with other claims against the fund.
9.
The franc mentioned in this Article shall be a unit consisting of sixty-five
and a half milligrams of gold of millesimal fineness nine hundred. The amount
mentioned in paragraph 1 of this Article shall be converted into the national
currency of the State in which the fund is being constituted on the basis of
the official value of that currency by reference to the unit defined above on
the date of the constitution of the fund.
10.
For the purpose of this Article the ship's tonnage shall be the net tonnage of
the ship with the addition of the amount deducted from the gross tonnage on
account of engine room space for the purpose of ascertaining the net tonnage.
In the case of a ship which cannot be measured in accordance with the normal
rules of tonnage measurement, the ship's tonnage shall be deemed to be 40 per
cent of the weight in tons (of 2240 lbs) of oil which the ship is capable of
carrying.
11.
The insurer or other person providing financial security shall be entitled to
constitute a fund in accordance with this Article on the same conditions and
having the same effect as if it were constituted by the owner. Such a fund may
be constituted even in the event of the actual fault or privity of the owner
but its constitution shall in that case not prejudice the rights of any
claimant against the owner.
1.
Where the owner, after an incident, has constituted a fund in accordance with
Article V, and is entitled to limit his liability,
(a) no person having a claim
for pollution damage arising out of that incident shall be entitled to exercise
any right against any other assets of the owner in respect of such claim;
(b) the Court or other
competent authority of any Contracting State shall order the release of any
ship or other property belonging to the owner which has been arrested in
respect of a claim for pollution damage arising out of that incident, and shall
similarly release any bail or other security furnished to avoid such arrest.
2.
The foregoing shall, however, only apply if the claimant has access to the
Court administering the fund and the fund is actually available in respect of
his claim.
1.
The owner of a ship registered in a Contracting State and carrying more than
2,000 tons of oil in bulk as cargo shall be required to maintain insurance or
other financial security, such as the guarantee of a bank or a certificate
delivered by an international compensation fund, in the sums fixed by applying
the limits of liability prescribed in Article V, paragraph 1 to cover his
liability for pollution damage under this Convention.
2.
A certificate attesting that insurance or other financial security is in force
in accordance with the provisions of this Convention shall be issued to each
ship. It shall be issued or certified by the appropriate authority of the State
of the ship's registry after determining that the requirements of paragraph 1
of this Article have been complied with. The certificate shall be in the form
of the annexed model and shall contain the following particulars:
(a) name of ship and port of
registration;
(b) name and principal place
of business of owner;
(c) type of security;
(d) name and principal place
of business of insurer or other person giving security and, where appropriate,
place of business where the insurance or security is established;
(e) period of validity of
certificate which shall not be longer than the period of validity of the
insurance or other security.
3.
The certificate shall be in the official language or languages of the issuing
State. If the language used is neither English nor French, the text shall
include a translation into one of these languages.
4.
The certificate shall be carried on board the ship and a copy shall be
deposited with the authorities who keep the record of the ship's registry.
5.
An insurance or other financial security shall not satisfy the requirements of
this Article if it can cease, for reasons other than the expiry of the period
of validity of the insurance or security specified in the certificate under
paragraph 2 of this Article, before three months have elapsed from the date on
which notice of its termination is given to the authorities referred to in
paragraph 4 of this Article, unless the certificate has been surrendered to
these authorities or a new certificate has been issued within the said period.
The foregoing provisions shall similarly apply to any modification which results
in the insurance or security no longer satisfying the requirements of this
Article.
6.
The State of registry shall, subject to the provisions of this Article,
determine the conditions of issue and validity of the certificate.
7.
Certificates issued or certified under the authority of a Contracting State
shall be accepted by other Contracting States for the purposes of this
Convention and shall be regarded by other Contracting States as having the same
force as certificates issued or certified by them. A Contracting State may at
any time request consultation with the State of a ship's registry should it
believe that the insurer or guarantor named in the certificate is not
financially capable of meeting the obligations imposed by this Convention.
8.
Any claim for compensation for pollution damage may be brought directly against
the insurer or other person providing financial security for the owner's
liability for pollution damage. In such case the defendant may, irrespective of
the actual fault or privity of the owner, avail himself of the limits of
liability prescribed in Article V, paragraph 1. He may further avail himself of
the defences (other than the bankruptcy or winding up of the owner) which the
owner himself would have been entitled to invoke. Furthermore, the defendant
may avail himself of the defence that the pollution damage resulted from the
wilful misconduct of the owner himself, but the defendant shall not avail
himself of any other defence which he might have been entitled to invoke in proceedings
brought by the owner against him. The defendant shall in any event have the
right to require the owner to be joined in the proceedings.
9.
Any sums provided by insurance or by other financial security maintained in
accordance with paragraph 1 of this Article shall be available exclusively for
the satisfaction of claims under this Convention.
10.
A Contracting State shall not permit a ship under its flag to which this
Article applies to trade unless a certificate has been issued under paragraph 2
or 12 of this Article.
11.
Subject to the provisions of this Article, each Contracting State shall ensure,
under its national legislation, that insurance or other security to the extent
specified in paragraph 1 of this Article is in force in respect of any ship,
wherever registered, entering or leaving a port in its territory, or arriving
at or leaving an off-shore terminal in its territorial sea, if the ship
actually carries more than 2,000 tons of oil in bulk as cargo.
12.
If insurance or other financial security is not maintained in respect of a ship
owned by a Contracting State, the provisions of this Article relating thereto
shall not be applicable to such ship, but the ship shall carry a certificate
issued by the appropriate authorities of the State of the ship's registry
stating that the ship is owned by that State and that the ship's liability is
covered within the limits prescribed by Article V, paragraph 1. Such a
certificate shall follow as closely as practicable the model prescribed by
paragraph 2 of this Article.
Rights
of compensation under this Convention shall be extinguished unless an action is
brought thereunder within three years from the date when the damage occurred.
However, in no case shall an action be brought after six years from the date of
the incident which caused the damage. Where this incident consists of a series
of occurrences, the six years' period shall run from the date of the first such
occurrence.
1.
Where an incident has caused pollution damage in the territory including the
territorial sea of one or more Contracting States, or preventive measures have
been taken to prevent or minimize pollution damage in such territory including
the territorial sea, actions for compensation may only be brought in the Courts
of any such Contracting State or States. Reasonable notice of any such action
shall be given to the defendant.
2.
Each Contracting State shall ensure that its Courts possess the necessary
jurisdiction to entertain such actions for compensation.
3.
After the fund has been constituted in accordance with Article V the Courts of
the State in which the fund is constituted shall be exclusively competent to
determine all matters relating to the apportionment and distribution of the
fund.
1.
Any judgment given by a Court with jurisdiction in accordance with Article IX
which is enforceable in the State of origin where it is no longer subject to
ordinary forms of review, shall be recognized in any Contracting State, except:
(a) where the judgment was
obtained by fraud; or
(b) where the defendant was
not given reasonable notice and a fair opportunity to present his case.
2.
A judgment recognized under paragraph 1 of this Article shall be enforceable in
each Contracting State as soon as the formalities required in that State have
been complied with. The formalities shall not permit the merits of the case to
be re-opened.
1.
The provisions of this Convention shall not apply to warships or other ships
owned or operated by a State and used, for the time being, only on government
non-commercial service.
2.
With respect to ships owned by a Contracting State and used for commercial
purposes, each State shall be subject to suit in the jurisdictions set forth in
Article IX and shall waive all defences based on its status as a sovereign
State.
This
Convention shall supersede any International Conventions in force or open for
signature, ratification or accession at the date on which the Convention is
opened for signature, but only to the extent that such Conventions would be in
conflict with it; however, nothing in this Article shall affect the obligations
of Contracting States to non-Contracting States arising under such
International Conventions.
1.
The present Convention shall remain open for signature until 31 December 1970
and shall thereafter remain open for accession.
2.
States Members of the United Nations or any of the Specialized Agencies or of
the International Atomic Energy Agency or Parties to the Statute of the
International Court of Justice may become Parties to this Convention by:
(a) signature without
reservation as to ratification, acceptance or approval;
(b) signature subject to
ratification, acceptance or approval followed by ratification, acceptance or
approval; or
(c) accession.
1.
Ratification, acceptance, approval or accession shall be effected by the
deposit of a formal instrument to that effect with the Secretary-General of the
Organization.
2.
Any instrument of ratification, acceptance, approval or accession deposited
after the entry into force of an amendment to the present Convention with
respect to all existing Contracting States, or after the completion of all
measures required for the entry into force of the amendment with respect to
those Contracting States shall be deemed to apply to the Convention as modified
by the amendment.
1.
The present Convention shall enter into force on the ninetieth day following
the date on which Governments of eight States including five States each with
not less than 1,000,000 gross tons of tanker tonnage have either signed it
without reservation as to ratification, acceptance or approval or have
deposited instruments of ratification, acceptance approval or accession with the
Secretary-General of the Organization.
2.
For each State which subsequently ratifies, accepts, approves or accedes to it
the present Convention shall come into force on the ninetieth day after deposit
by such State of the appropriate instrument.
1.
The present Convention may be denounced by any Contracting State at any time
after the date on which the Convention comes into force for that State.
2.
Denunciation shall be effected by the deposit of an instrument with the
Secretary-General of the Organization.
3.
A denunciation shall take effect one year, or such longer period as may be
specified in the instrument of denunciation, after its deposit with the
Secretary-General of the Organization.
1.
The United Nations, where it is the administering authority for a territory, or
any Contracting State responsible for the international relations of a
territory, shall as soon as possible consult with the appropriate authorities
of such territory or take such other measures as may be appropriate, in order
to extend the present Convention to that territory and may at any time by
notification in writing to the Secretary-General of the Organization declare
that the present Convention shall extend to such territory.
2.
The present Convention shall, from the date of receipt of the notification or
from such other date as may be specified in the notification, extend to the
territory named therein.
3.
The United Nations, or any Contracting State which has made a declaration under
paragraph 1 of this Article may at any time after the date on which the
Convention has been so extended to any territory declare by notification in
writing to the Secretary-General of the Organization that the present
Convention shall cease to extend to any such territory named in the
notification.