Wreck Removal Convention Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Wreck Removal Convention Bill

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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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