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Wreck Removal Convention Bill


Wreck Removal Convention Bill
Schedule — Wreck Removal Convention

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wrecks located in its territory, including the territorial sea, other than

locating, marking and removing in accordance with this Convention.

           

4. Nothing in this article shall prejudice any right of recourse against third

parties.

Article 11

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Exceptions to liability

           

1. The registered owner shall not be liable under this Convention for the

costs mentioned in article 10, paragraph 1 if, and to the extent that, liability

for such costs would be in conflict with:

(a)   

the International Convention on Civil Liability for Oil Pollution

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Damage, 1969, as amended;

(b)   

the International Convention on Liability and Compensation for

Damage in Connection with the Carriage of Hazardous and Noxious

Substances by Sea, 1996, as amended;

(c)   

the Convention on Third Party Liability in the Field of Nuclear

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Energy, 1960, as amended, or the Vienna Convention on Civil

Liability for Nuclear Damage, 1963, as amended; or national law

governing or prohibiting limitation of liability for nuclear damage;

or

(d)   

the International Convention on Civil Liability for Bunker Oil

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Pollution Damage, 2001, as amended;

           

provided that the relevant convention is applicable and in force.

           

2. To the extent that measures under this Convention are considered to be

salvage under applicable national law or an international convention, such

law or convention shall apply to questions of the remuneration or

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compensation payable to salvors to the exclusion of the rules of this

Convention.

Article 12

Compulsory insurance or other financial security

           

1. The registered owner of a ship of 300 gross tonnage and above and flying

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the flag of a State Party shall be required to maintain insurance or other

financial security, such as a guarantee of a bank or similar institution, to

cover liability under this Convention in an amount equal to the limits of

liability under the applicable national or international limitation regime, but

in all cases not exceeding an amount calculated in accordance with article

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6(1)(b) of the Convention on Limitation of Liability for Maritime Claims,

1976, as amended.

           

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 of 300 gross tonnage and above by the appropriate authority of the State

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of the ship’s registry after determining that the requirements of paragraph 1

have been complied with. With respect to a ship registered in a State Party,

such certificate shall be issued or certified by the appropriate authority of the

State of the ship’s registry; with respect to a ship not registered in a State

Party it may be issued or certified by the appropriate authority of any State

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Party. This compulsory insurance certificate shall be in the form of the model

 
 

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set out in the annex to this Convention, and shall contain the following

particulars:

(a)   

name of the ship, distinctive number or letters and port of registry;

(b)   

gross tonnage of the ship;

(c)   

name and principal place of business of the registered owner;

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(d)   

IMO ship identification number;

(e)   

type and duration of security;

(f)   

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; and

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(g)   

period of validity of the certificate, which shall not be longer than the

period of validity of the insurance or other security.

           

3. (a) A State Party may authorize either an institution or an organization

recognized by it to issue the certificate referred to in paragraph 2. Such

institution or organization shall inform that State of the issue of each

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certificate. In all cases, the State Party shall fully guarantee the completeness

and accuracy of the certificate so issued and shall undertake to ensure the

necessary arrangements to satisfy this obligation.

           

(b) A State Party shall notify the Secretary-General of:

(i)   

the specific responsibilities and conditions of the

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authority delegated to an institution or organization

recognized by it;

(ii)   

the withdrawal of such authority; and

(iii)   

the date from which such authority or withdrawal of

such authority takes effect.

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An authority delegated shall not take effect prior to three months from the

date on which notification to that effect was given to the Secretary-General.

           

(c) The institution or organization authorized to issue certificates in

accordance with this paragraph shall, as a minimum, be authorized to

withdraw these certificates if the conditions under which they have been

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issued are not maintained. In all cases the institution or organization shall

report such withdrawal to the State on whose behalf the certificate was

issued.

           

4. The certificate shall be in the official language or languages of the issuing

State. If the language used is not English, French or Spanish, the text shall

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include a translation into one of these languages and, where the State so

decides, the official language(s) of the State may be omitted.

           

5. 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 or,

if the ship is not registered in a State Party, with the authorities issuing or

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certifying the certificate.

           

6. 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 before three months have elapsed from the date on which notice

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of its termination is given to the authorities referred to in paragraph 5

unless certificate has been surrendered to these authorities or a new

certificate has been issued within the said period. The foregoing provisions

 
 

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shall similarly apply to any modification, which results in the insurance or

security no longer satisfying the requirements of this article.

           

7. The State of the ship’s registry shall, subject to the provisions of this article

and having regard to any guidelines adopted by the Organization on the

financial responsibility of the registered owners, determine the conditions of

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issue and validity of the certificate 

           

8. Nothing in this Convention shall be construed as preventing a State Party

from relying on information obtained from other States or the Organization

or other international organizations relating to the financial standing of

providers of insurance or financial security for the purposes of this

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Convention. In such cases, the State Party relying on such information is not

relieved of its responsibility as a State issuing the certificate required by

paragraph 2.

           

9. Certificates issued and certified under the authority of a State Party shall

be accepted by other States Parties for the purposes of this Convention and

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shall be regarded by other States Parties as having the same force as

certificates issued or certified by them, even if issued or certified in respect

of a ship not registered in a State Party. A State Party may at any time request

consultation with the issuing or certifying State should it believe that the

insurer or guarantor named in the certificate is not financially capable of

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meeting the obligations imposed by this Convention.

           

10. Any claim for costs arising under this Convention may be brought

directly against the insurer or other person providing financial security for

the registered owner’s liability. In such a case the defendant may invoke the

defences (other than the bankruptcy or winding up of the registered owner)

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that the registered owner would have been entitled to invoke, including

limitation of liability under any applicable national or international regime.

Furthermore, even if the registered owner is not entitled to limit liability, the

defendant may limit liability to an amount equal to the amount of the

insurance or other financial security required to be maintained in

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accordance with paragraph 1. Moreover, the defendant may invoke the

defence that the maritime casualty was caused by the wilful misconduct of

the registered owner, but the defendant shall not invoke any other defence

which the defendant might have been entitled to invoke in proceedings

brought by the registered owner against the defendant. The defendant shall

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in any event have the right to require the registered owner to be joined in the

proceedings.

           

11. A State Party shall not permit any ship entitled to fly its flag to which this

article applies to operate at any time unless a certificate has been issued

under paragraphs 2 or 14.

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12. Subject to the provisions of this article, each State Party shall ensure,

under its national law, that insurance or other security to the extent required

by paragraph 1 is in force in respect of any ship of 300 gross tonnage and

above, wherever registered, entering or leaving a port in its territory, or

arriving at or leaving from an offshore facility in its territorial sea.

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13. Notwithstanding the provisions of paragraph 5, a State Party may notify

the Secretary-General that, for the purposes of paragraph 12, ships are not

required to carry on board or to produce the certificate required by

paragraph 2, when entering or leaving a port in its territory, or arriving at or

leaving from an offshore facility in its territorial sea, provided that the State

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Party which issues the certificate required by paragraph 2 has notified the

Secretary-General that it maintains records in an electronic format,

accessible to all States Parties, attesting the existence of the certificate and

enabling States Parties to discharge their obligations under paragraph 12.

           

14. If insurance or other financial security is not maintained in respect of a

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ship owned by a State Party, 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 authority of the State of registry, stating that it is

owned by that State and that the ship’s liability is covered within the limits

prescribed in paragraph 1. Such a certificate shall follow as closely as

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possible the model prescribed by paragraph 2.

Article 13

Time limits

           

Rights to recover costs under this Convention shall be extinguished unless

an action is brought hereunder within three years from the date when the

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hazard has been determined in accordance with this Convention. However,

in no case shall an action be brought after six years from the date of the

maritime casualty that resulted in the wreck. Where the maritime casualty

consists of a series of occurrences, the six-year period shall run from the date

of the first occurrence.

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Article 14

Amendment provisions

           

1. At the request of not less than one-third of States Parties, a conference shall

be convened by the Organization for the purpose of revising or amending

this Convention.

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2. Any consent to be bound by this Convention, expressed after the date of

entry into force of an amendment to this Convention, shall be deemed to

apply to this Convention, as amended.

Article 15

Settlement of disputes

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1. Where a dispute arises between two or more States Parties regarding the

interpretation or application of this Convention, they shall seek to resolve

their dispute, in the first instance, through negotiation, enquiry, mediation,

conciliation, arbitration, judicial settlement, resort to regional agencies or

arrangements or other peaceful means of their choice.

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2. If no settlement is possible within a reasonable period of time not

exceeding twelve months after one State Party has notified another that a

dispute exists between them, the provisions relating to the settlement of

disputes set out in Part XV of the United Nations Convention on the Law of

the Sea, 1982, shall apply mutatis mutandis, whether or not the States party

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to the dispute are also States Parties to the United Nations Convention on

the Law of the Sea, 1982.

           

3. Any procedure chosen by a State Party to this Convention and to the

United Nations Convention on the Law of the Sea, 1982, pursuant to Article

 
 

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287 of the latter, shall apply to the settlement of disputes under this article,

unless that State Party, when ratifying, accepting, approving or acceding to

this Convention, or at any time thereafter, chooses another procedure

pursuant to Article 287 for the purpose of the settlement of disputes arising

out of this Convention.

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4. A State Party to this Convention which is not a Party to the United Nations

Convention on the Law of the Sea, 1982, when ratifying, accepting,

approving or acceding to this Convention or at any time thereafter shall be

free to choose, by means of a written declaration, one or more of the means

set out in Article 287, paragraph 1, of the United Nations Convention on the

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Law of the Sea, 1982, for the purpose of settlement of disputes under this

Article. Article 287 shall apply to such a declaration, as well as to any dispute

to which such State is party, which is not covered by a declaration in force.

For the purpose of conciliation and arbitration, in accordance with Annexes

V and VII of the United Nations Convention on the Law of the Sea, 1982,

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such State shall be entitled to nominate conciliators and arbitrators to be

included in the lists referred to in Annex V, Article 2, and Annex VII, Article

2, for the settlement of disputes arising out of this Convention.

           

5. A declaration made under paragraphs 3 and 4 shall be deposited with the

Secretary-General, who shall transmit copies thereof to the States Parties.

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Article 16

Relationship to other conventions and international agreements

           

Nothing in this Convention shall prejudice the rights and obligations of any

State under the United Nations Convention on the Law of the Sea, 1982, and

under the customary international law of the sea.

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Article 17

Signature, ratification, acceptance, approval and accession

           

This Convention shall be open for signature at the Headquarters of the

Organization from 19 November 2007 until 18 November 2008 and shall

thereafter remain open for accession.

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(a)   

States may express their consent to be bound by this Convention by:

(i)   

signature without reservation as to ratification, acceptance or

approval; or

(ii)   

signature subject to ratification, acceptance or approval,

followed by ratification, acceptance or approval; or

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(iii)   

accession.

(b)   

Ratification, acceptance, approval or accession shall be effected by

the deposit of an instrument to that effect with the Secretary-General.

Article 18

Entry into force

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1. This Convention shall enter into force twelve months following the date

on which ten States 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.

 
 

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2. For any State which ratifies, accepts, approves or accedes to this

Convention after the conditions in paragraph 1 for entry into force have been

met, this Convention shall enter into force three months following the date

of deposit by such State of the appropriate instrument, but not before this

Convention has entered into force in accordance with paragraph 1.

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Article 19

Denunciation

           

1. This Convention may be denounced by a State Party at any time after the

expiry of one year following the date on which this Convention comes into

force for that State.

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2. Denunciation shall be effected by the deposit of an instrument to that

effect with the Secretary-General.

           

3. A denunciation shall take effect one year, or such longer period as may be

specified in the instrument of denunciation, following its receipt by the

Secretary-General.

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Article 20

Depositary

           

1. This Convention shall be deposited with the Secretary General.

           

2. The Secretary-General shall:

(a)   

inform all States which have signed or acceded to this Convention of:

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(i)   

each new signature or deposit of an instrument of

ratification, acceptance, approval or accession, together with

the date thereof;

(ii)   

the date of entry into force of this Convention;

(iii)   

the deposit of any instrument of denunciation of this

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Convention, together with the date of the deposit and the

date on which the denunciation takes effect; and

(iv)   

other declarations and notifications received pursuant to this

Convention;

(b)   

transmit certified true copies of this Convention to all States that

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have signed or acceded to this Convention.

           

3. As soon as this Convention enters into force, a certified true copy of the

text shall be transmitted by the Secretary-General to the Secretary-General

of the United Nations, for registration and publication in accordance with

Article 102 of the Charter of the United Nations.

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Article 21

Languages

           

The Convention is established in a single original in the Arabic, Chinese,

English, French, Russian and Spanish languages, each text being equally

authentic.”

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