Protocol van 1996 tot wijziging van het Verdrag inzake beperking van aansprakelijkheid voor maritieme vorderingen, 1976:Partijen en gegevens

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

Partijen en gegevens

Geldend

Documentgegevens:

Geldend vanaf 13-05-2004

Redactionele toelichting: De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
Bronpublicatie:: 02-05-1996, Trb. 2006, 17 (uitgifte: 25-01-2006, kamerstukken/regelingnummer: -)
Inwerkingtreding: 13-05-2004
Bronpublicatie inwerkingtreding:: 02-05-1996, Trb. 2006, 17 (uitgifte: 25-01-2006, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Rechtshandhaving

Bronnen

Trb. 1997, 300

Trb. 2006, 17

Trb. 2011, 46

Trb. 2013, 31

Trb. 2014, 203

Trb. 2022, 56

Partijen

Partij	Datum inwerkingtreding	Voorbehoud
Albanië	05-09-2004
Antigua en Barbuda	10-01-2010
Australië	13-05-2004	22
Bahrein	19-09-2019
België	07-01-2010	14
Bulgarije	02-10-2005
Canada	07-08-2008	6
China (Hongkong SAR)	03-05-2015	23
Comoren	02-05-2018
Republiek Congo	17-08-2014
Cookeilanden	10-06-2007
Cyprus	23-03-2006	7
Denemarken	13-05-2004	1, 17
Duitsland	13-05-2004	2
Estland	14-06-2011	18
Finland	13-05-2004
Frankrijk	14-07-2007	8
Griekenland	04-10-2009
Guyana	21-05-2019
Hongarije	02-10-2008
Ierland	24-04-2012
IJsland	15-02-2009	13
India	21-06-2011
Irak	10-12-2023	28
Jamaica	17-11-2005
Japan	01-08-2006
Kenia	05-10-2015	25
Kroatië	13-08-2006	9
Letland	17-07-2007
Liberia	17-12-2008
Litouwen	13-12-2007	10
Luxemburg	19-02-2006
Madagaskar	25-10-2017
Maleisië	10-02-2009
Malta	13-05-2004	11
Marshalleilanden	30-04-2006
Mongolië	27-12-2011
Myanmar	04-05-2020
Nauru	21-06-2020
het Koninkrijk der Nederlanden (het Europese deel van Nederland)	23-03-2011	15, 27
Nieuw-Zeeland	03-07-2014	21
Niue	25-09-2012
Noorwegen	13-05-2004	3
Palau	28-12-2011
Polen	15-02-2012	19, 20
Portugal	17-01-2018
Roemenië	10-06-2007
Russische Federatie	13-05-2004	4
Saint Lucia	18-08-2004
Samoa	16-08-2004
San Marino	18-07-2021
Saudi-Arabië	05-07-2018
Servië	17-06-2013
Sierra Leone	13-05-2004
Singapore	29-12-2019	26
Slovenië	04-10-2015
Spanje	10-04-2005	12
Syrië	01-12-2005
Tonga	13-05-2004
Turkije	17-10-2010	16
Tuvalu	12-04-2009
Verenigd Koninkrijk	13-05-2004	5
Verenigde Arabische Emiraten	23-05-2021
Zweden	20-10-2004	24

Voorbehouden, verklaringen en bezwaren

1	Ratificatie door Denemarken onder de volgende verklaringen: 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, pararagraph 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 Islands and Greenland. Toepasselijkverklaring door Denemarken voor Groenland vanaf 13-05-2004. Denemarken heeft op 25 maart 2004 de volgende verklaring afgelegd: (…) the Protocol shall extend to Greenland with effect from 13 May 2004, i.e. the date of entry into force of the Protocol. [In connection with] 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. (…) I have the honour to inform you that 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. Toepasselijkverklaring door Denemarken voor Faeröer vanaf 09-01-2019.
2	Ratificatie door Duitsland onder de volgende verklaringen: 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 ships 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 theWater 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) 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
3	Ratificatie door Noorwegen onder de volgende verklaring: 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.
4	Toetreding de Russische Federatie onder de volgende verklaringen: Reservation 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.
5	Ratificatie door het Verenigd Koninkrijk onder de volgende verklaringen: (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. Toepasselijkverklaring door het Verenigd Koninkrijk voor Man vanaf 13-05-2004, voor Jersey vanaf 14-12-2009, voor de Caymaneilanden vanaf 31-01-2011, voor Guernsey vanaf 11-06-2013 en voor Gibraltar vanaf 25-02-2014. Het Verenigd Koninkrijk heeft op 14-12-2009 en 31-01-2011 de volgende verklaring afgelegd: 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. Het Verenigd Koninkrijk heeft op 25-05-2012 de volgende verklaring afgelegd: 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.
6	Ratificatie door Canada onder de volgende verklaring: 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.
7	Toetreding door Cyprus onder de volgende verklaringen: 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.
8	Ratificatie door Frankrijk onder volgende verklaring: 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) of article 2 of the Convention.
9	Toetreding door Kroatië onder volgende verklaring: 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 o 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.
10	Toetreding door Litouwen onder volgende verklaring: … 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.
11	Toetreding door Malta onder volgende verklaring: (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 re lating 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.
12	Toetreding door Spanje onder volgende verklaringen: 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, ca1culated 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 I (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.
13	Toetreding door IJsland onder de volgende verklaringen: 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.
14	België heeft op 09-10-2009 de volgende verklaring afgelegd: 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.
15	Ratificatie door het Koninkrijk der Nederlanden onder de volgende verklaring: The Kingdom of the Netherlands reserves the right, having regard to Article 18, paragraph 1 (a) and (b) of the Convention on Limitation of Liability for Maritime Claims, done at London on 19 November 1976, as amended by the Protocol referred to in Article 1: (a) to exclude the application of Article 2, paragraph 1 (d) and (e); (b) 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, concluded on 3 May 1996, or of any amendment or protocol thereto.
16	Toetreding door Turkije onder de volgende verklaring: 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, paragraph 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.
17	Denemarken heeft op 23-05-2012 de volgende verklaring afgelegd: 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. Denemarken heeft op 06-03-2018 de volgende verklaring afgelegd: The Kingdom of Denmark has ratified the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976. In accordance with article 7 of the Protocol, it is hereby notified that with effect from 6 March 2018, Denmark will not limit liability for maritime 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 ship.
18	Toetreding door Estland onder de volgende verklaring: 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.
19	Toetreding door Polen onder de volgende verklaring: (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.
20	Polen heeft op 05-11-2012 de volgende verklaring afgelegd: 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.
21	Toetreding door Nieuw-Zeeland onder de volgende verklaring: […] 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. Nieuw-Zeeland op 15-10-2018 de volgende verklaring afgelegd: ... the Government of New Zealand 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 any amendment or protocol related thereto.
22	Australië heeft op 31-05-2013 de volgende verklaring afgelegd: 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.
23	Toepasselijkverklaring door China voor Hongkong SAR op 02-02-2015 vanaf 03-05-2015 onder de volgende verklaring: The Protocol at present only applies to the Hong Kong Special Administrative Region of the PRC and the Hong Kong Special Administrative Region shall not be bound by article 2, paragraph 1(d) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol.
24	Zweden heeft op 03-07-2015 de volgende verklaring afgelegd: The Government of Sweden is making use of the option in article 15(3bis) of the 1976 Convention on Limitation of Liability for Maritime Claims 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 Sweden will as of 2 September 2015 provide a higher limit of liability in respect of claims arising from the loss of life or personal injury to passengers of a ship, namely 250,000 Units of Account.
25	Ratificatie door Kenia onder de volgende verklaring: The Government of the Republic of Kenya pursuant to article 7(1)(b) of the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976, 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 (HNS), 1996.
26	Toetreding door Singapore onder de volgende verklaring: Reservations: The Republic of Singapore reserves the right, pursuant to article 18, paragraphs 1(a) and (b), of the Convention on Limitation of Liability for Maritime Claims, 1976, to exclude: a. the application of article 2, paragraphs 1(d) and (e), of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol; 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 thereto. Notifications: (i) The Republic of Singapore, pursuant to article 6, paragraph 3, of the Convention on Limitation of Liability for Maritime Claims, 1976 as amended by the Protocol, notifies that it has provided in its national law that claims in respect of damage to harbour works, basins and waterways and aids to navigation shall have priority over other claims under article 6, paragraph 1(b), of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol. (ii) The Republic of Singapore further notifies that: a. in accordance with article 15, paragraph 2(a), of the Convention on Limitation of Liability for Maritime Claims, 1976 as amended by the Protocol, the limit of liability for ships which are licensed as harbour craft, according to the laws of the Republic of Singapore, is regulated by specific provisions of the national law of the Republic of Singapore, namely, the Maritime and Port Authority of Singapore Act (Cap. 170A), to the effect that, with respect to such ships, the limit of liability will be the sum insured under the policy of insurance for the time being required by the Port Master under that Act to be in force in relation to such harbour craft in respect of third party risks; b. in accordance with article 15, paragraph 2(b), of the Convention on Limitation of Liability for Maritime Claims, 1976 as amended by the Protocol, the limit of liability for ships less than 300 tons, other than ships which are licensed as harbour craft according to the laws of the Republic of Singapore, is regulated by specific provisions of the national law of the Republic of Singapore, to the effect that, with respect to such ships, article 6 of the Convention on Limitation of Liability far Maritime Claims, 1976, as amended by the Protocol, shall have effect as if: (A) article 6, paragraph 1(a)(i), referred to 166,667 Units of Account; and (B) article 6, paragraph 1(b)(i), referred to 83,333 Units of Account. (iii) The Republic of Singapore may make use of the option provided for in article 15, paragraph 3bis, of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol, to regulate by specific provisions of national law the system of limitation of liability to be applied to claims for loss of life or personal injury to passengers of a ship. The Republic of Singapore will inform the Secretary-General of the International Maritime Organization of the limits of liability upon adoption of specific provisions of such national law.
27	Inwerkingtreding voor het Koninkrijk der Nederlanden (het Caribische deel van het Koninkrijk) vanaf 24-03-2022. Het Koninkrijk der Nederlanden heeft op 24-03-2022 de volgende verklaring afgelegd: The Kingdom of the Netherlands reserves the right, having regard to Article 18, paragraph 1(a) and (b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996: 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 on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, concluded in London on 3 May 1996, as amended by the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection With The Carriage Of Hazardous And Noxious Substances by Sea, 1996, concluded in London on 30 April 2010, or of any further amendment or protocol thereto. Het Koninkrijk der Nederlanden heeft op 24-03-2022 de volgende verklaring afgelegd: In accordance with Article 15, paragraph 2, first sentence, littera a, of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, the Kingdom of the Netherlands, for the European part of the Netherlands, herewith informs the Secretary-General of the International Maritime Organization that the system of limitation of liability to be applied to vessels which are, according to the law of the Netherlands, ships intended for navigation on inland waterways, is regulated by the following provisions of the law of the Netherlands: The Act of 31 October 1996 (Staatsblad 1996, 548) relating to the limitation of liability of owners of inland navigation vessels provides that the limits of liability shall be calculated in accordance with an Order in Council. The relevant Order in Council of 29 November 1996 (Staatsblad 1996, 587), amended by the relevant Order in Council of 13 March 2018 (Staatsblad 2018, 128), stipulates the following limits of liability in respect of ships intended for navigation on inland waterways. Article 1 Limits of liability for claims in respect of loss of life or personal injury other than those in respect of passen- gers of a ship, arising on any distinct occasion: a) for claims in respect of loss of life or personal injury that are not claims within the meaning of Article 2 (loss of life and personal injury fund): 1. for a ship not intended for the carriage of cargo, in particular a passenger ship, 400 Units of Account per cubic metre of displacement at maximum permitted draught, plus, for ships equipped with mechanical means of propulsion, 1400 Units of Account for each kW of the motorpower of the means of propulsion; 2. for a ship intended for the carriage of cargo, 400 Units of Account per ton of the ship’s maximum deadweight, plus, for ships equipped with mechanical means of propulsion, 1400 Units of Account for each kW of the motorpower of the means of propulsion; 3. for a tug or a pusher, 1400 Units of Account for each kW of the motorpower of the means of propulsion; 4. for a pusher which at the time the damage was caused was coupled to barges in a pushed convoy, the amount calculated in accordance with 3 shall be increased by 200 Units of Account per ton of the maximum deadweight of the pushed barges; such increase shall not apply if it is proved that the pusher has rendered salvage services to one or more of such barges; 5. for a ship equipped with mechanical means of propulsion which at the time the damage was caused was moving other ships coupled to this ship, the amount calculated in accordance with 1, 2, or 3 shall be increased by 200 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other ships; such increase shall not apply if it is proved that this ship has rendered salvage services to one or more of the coupled ships; 6. for hydrofoils, ferries, dredgers, floating cranes, elevators and all other floating appliances, pontoons or plant of a similar nature, treated as inland navigation ships in accordance with Article 1060, paragraph 4 of Book 8 of the Civil Code, their value at the time of the incident; b) for claims for costs and compensation owed in respect of water pollution that are not claims for loss of life or personal injury (water pollution fund): the amount of the loss of life and personal injury fund; c) for any other claim (property fund): half of the amount of the loss of life and personal injury fund. 2 Where in cases mentioned under paragraph 1, subparagraph a, under 4 and 5 the limitation fund of the pusher or the mechanically propelled ship is increased by 200 Units of Account per ton of the maximum deadweight of the pushed barges or by 200 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other coupled ships, the limitation fund of each barge or of each of the other coupled ships shall be reduced by 200 Units of Account per ton of the maximum deadweight of the barge or by 200 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other vessel. 3 In no case shall the limitation amount of the loss of life and personal injury fund and of the water pollution fund be less than 400,000 Units of Account and in no case shall the limitation amount of the property fund be less than 200,000 Units of Account. 4 A salvor to an inland navigation ship, who is not operating from a seagoing ship or inland navigation ship or who is operating solely on the inland navigation ship to, or in respect of which he is rendering salvage services, can limit his liability to the amounts mentioned in paragraph 3. Article 2 In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of an inland navigation ship, the limit of liability of the owner thereof (passenger fund) shall be an amount equal to 100,000 Units of Account multiplied by the number of passengers the ship is authorized to carry according to its legally established capacity or, in the event that the maximum number of passengers the ship is authorized to carry has not been established by law, an amount equal to 100,000 Units of Account multiplied by the number of passengers actually carried on board at the time of the incident. However, the limitation of liability shall in no case be less than 2 million Units of Account. 2 For the purpose of the application of this Article, ‘claims for loss of life or personal injury to passengers shall mean any such claims brought in response to an incident that took place in relation to any person carried in that ship: a. under a contract of passenger carriage; b. who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods. Article 3 1 In cases in which the liability of the owner of an inland navigation ship for claims arising from a single incident rests or partly rests on Title 8.11.4 of the Civil Code, the amount of the fund referred to in Article 1065 of Book 8 of the Civil Code (dangerous goods fund) in respect of claims for loss of life or personal injury (loss of life and personal injury fund): a) for a ship not intended for the carriage of cargo, in particular a passenger ship, is 800 Units of Account per cubic metre of displacement at maximum permitted draught, plus, for ships equipped with mechanical means of propulsion, 2800 Units of Account for each kW of the motorpower of the means of propulsion; b) for a ship intended for the carriage of cargo, is 800 Units of Account per ton of the ship’s maximum deadweight, plus, for ships equipped with mechanical means of propulsion, 2800 Units of Account for each kW of the motorpower of the means of propulsion; c) for a tug or a pusher, is 2800 Units of Account for each kW of the motorpower of the means of propulsion; d) for a pusher which at the time the damage was caused was coupled to barges in a pushed convoy, is the amount calculated in accordance with (c), increased by 400 Units of Account per ton of the maximum deadweight of the pushed barges; such increase shall not apply if it is proved that the pusher has rendered salvage services to one or more of such barges; e) for a ship equipped with mechanical means of propulsion which at the time the damage was caused was moving other ships coupled to this ship, is the amount calculated in accordance with (a), (b), or (c), increased by 400 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other ships; such increase shall not apply if it is proved that this ship has rendered salvage services to one or more of the coupled ships; f) for the objects treated as inland navigation ships in accordance with Article 1060, paragraph 4 of Book 8 of the Civil Code: an amount equal to double the value at the time of the incident that gave rise to the claim. 2 In respect of any other claim (property fund) the amount of the fund shall be calculated in the same way as provided for by paragraph 1. However, the amount shall be set at half of the amount of the loss of life and personal injury fund. 3 The amount of the loss of life and personal injury fund and the amount of the property fund can never be lower than 10 million Units of Account. 4 Where in such cases mentioned under paragraph 1, subparagraphs d and e the loss of life and personal injury fund of the pusher or of the ship equipped with mechanical means of propulsion is increased by 400 Units of Account per ton of the maximum deadweight of the pushed barges or by 400 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other coupled ships, then in rela- tion to claims arising from the same incident, the loss of life and personal injury fund of each pusher or of each of the other coupled ships shall be reduced by 400 Units of Account per ton of the maximum deadweight of the pusher or by 400 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other coupled ship. Article 4 The statutory interest, calculated from the commencement of the day following the date of the incident that gave rise to the claim until the commencement of the day following the date on which the person who submitted a request for limitation of his liability complied with an order imposed on him pursuant to Article 642c of the Code of Civil Procedure, shall be added to the amounts mentioned in Articles 1, 2 and 3. Article 5 The Unit of Account referred to in Articles 1, 2 and 3 is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in Articles 1, 2 and 3 shall be converted into Dutch currency at the date on which the debtor complies with an order to make a payment or furnish another form of security pursuant to Article 642c of the Code of Civil Procedure. The value of Dutch currency 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, littera b, of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, the Kingdom of the Netherlands, for the European part of the Netherlands, herewith informs the Secretary-General of the International Maritime Organization that the system of limitation of liability to be applied to ships which have a tonnage of less than 300, is regulated by the following provisions of the law of the Netherlands: The Act of 21 February 2009 (Staatsblad 2009, 162) relating to the limitation of liability for maritime claims provides that with respect to ships which are according to their construction intended exclusively or mainly for the carriage of persons and have a tonnage of less than 300, the limit of liability for claims other than for loss of life or personal injury may be established by Order in Council at a lower level than under the said Protocol of 1996 to amend the Convention of 1976. The relevant Order in Council of 27 November 1996 (Staatsblad 1996, 586) provides that the limit shall be 100,000 Units of Account. The Unit of Account is the Special Drawing Right as defined in Article 8 of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996.
28	Toetreding door Irak onder de volgende verklaring: The Republic of Iraq asserts that acceding to the convention does not, under any circumstances, imply recognition of Israel or entering into any relations with it.