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Il 23 marzo 2001 è stata adottata
dall'International Maritime
Organization (IMO) la Convenzione internazionale di Londra sulla
responsabilità
civile per danni dovuti a inquinamento da idrocarburi usati per la
propulsione
delle navi (International Convention on Civil Liability for Bunker Oil
Pollution Damage, 2001). La convenzione è stata adottata per
assicurare
un adeguato, tempestivo ed efficace risarcimento alle persone che
subiscono
danni causati da versamenti di olio combustibile trasportato come
carburante
nelle navi.
In particolare, la Convenzione è applicabile ai
danni provocati
sul territorio, compresi i mari, e nelle zone economiche esclusive
degli
Stati aderenti. Inoltre, prevede per il proprietario registrato di una
nave di stazza lorda superione a 1000 t l'obbligo di una copertura
assicurativa
o altra garanzia finanziaria. Entra in vigore dopo dodici mesi dalla
data
nella quale diciotto Stati, compresi i cinque principali Stati di
bandiera
(quelli che dispongono di navi per una stazza lorda complessiva non
inferiore
a un milione gt), l'abbiano ratificata o vi abbiano aderito.
ART. 1 (Definitions) - For the purposes of this Convention:
1. «Ship» means any seagoing vessel and seaborne
craft,
of any type whatsoever.
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. «Shipowner» means the owner, including the
registered
owner, bareboat charterer, manager and operator of the ship.
4. «Registered 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, «registered owner» shall
mean such
company.
5. «Bunker oil» means any hydrocarbon mineral oil,
including
lubricating oil, used or intended to be used for the operation or
propulsion
of the ship, and any residues of such oil.
6. «Civil Liability Convention» means the
International
Convention on Civil Liability for Oil Pollution Damage, 1992, as
amended.
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 or creates a
grave
and imminent threat of causing such damage.
9. «Pollution damage» means:
(a) loss or damage caused outside the ship by contamination resulting
from the escape or discharge of bunker oil from the ship, wherever such
escape or discharge may occur, provided that compensation for
impairment
of the environment other than loss of profit from such impairment shall
be limited to costs of reasonable measures of reinstatement actually
undertaken
or to be undertaken; and
(b) the costs of preventive measures and further loss or damage caused
by preventive measures.
10. «State of the ship's registry» means, in
relation to
a registered ship, the State of registration of the ship and, in
relation
to an unregistered ship, the State whose flag the ship is entitled to
fly.
11. «Gross tonnage» means gross tonnage calculated
in accordance
with the tonnage measurement regulations contained in Annex 1 of the
International
Convention on Tonnage Measurement of Ships, 1969.
12. «Organization» means the International Maritime
Organization.
13. «Secretary-General» means the Secretary-General
of
the Organization.
ART. 2 (Scope of application) - This Convention shall apply
exclusively:
(a) to pollution damage caused:
(i) in the territory, including the territorial sea, of a State Party,
and
(ii) in the exclusive economic zone of a State Party, established in
accordance with international law, or, if a State Party has not
established
such a zone, in an area beyond and adjacent to the territorial sea of
that
State determined by that State in accordance with international law and
extending not more than 200 nautical miles from the baselines from
which
the breadth of its territorial sea is measured;
(b) to preventive measures, wherever taken, to prevent or minimize
such damage.
ART. 3 (Liability of the shipowner) - 1. Except as provided in
paragraphs
3 and 4, the shipowner at the time of an incident shall be liable for
pollution
damage caused by any bunker oil on board or originating from the ship,
provided that, if an incident consists of a series of occurrences
having
the same origin, the liability shall attach to the shipowner at the
time
of the first of such occurrences.
2. Where more than one person is liable in accordance with paragraph
1, their liability shall be joint and several.
3. No liability for pollution damage shall attach to the shipowner
if the shipowner proves that:
(a) the damage resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional, inevitable and
irresistible character; or
(b) the damage was wholly caused by an act or omission done with the
intent to cause damage by a third party; or
(c) the damage 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.
4. If the shipowner 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 shipowner may be exonerated wholly or partially from liability to
such
person.
5. No claim for compensation for pollution damage shall be made against
the shipowner otherwise than in accordance with this Convention.
6. Nothing in this Convention shall prejudice any right of recourse
of the shipowner which exists independently of this Convention.
ART. 4 (Exclusions) - 1. This Convention shall not apply to
pollution
damage as defined in the Civil Liability Convention, whether or not
compensation
is payable in respect of it under that Convention.
2. Except as provided in paragraph 3, the provisions of this Convention
shall not apply to warships, naval auxiliary or other ships owned or
operated
by a State and used, for the time being, only on Government
non-commercial
service.
3. A State Party may decide to apply this Convention to its warships
or other ships described in paragraph 2, in which case it shall notify
the Secretary-General thereof specifying the terms and conditions of
such
application.
4. With respect to ships owned by a State Party and used for commercial
purposes, each State shall be subject to suit in the jurisdictions set
forth in article 9 and shall waive all defences based on its status as
a sovereign State.
ART. 5 (Incidents involving two or more ships) - When an incident involving two or more ships occurs and pollution damage results therefrom, the shipowners of all the ships concerned, unless exonerated under article 3, shall be jointly and severally liable for all such damage which is not reasonably separable.
ART. 6 (Limitation of liability) - Nothing in this Convention shall affect the right of the shipowner and the person or persons providing insurance or other financial security to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
ART. 7 (Compulsory insurance or financial security) - 1. The
registered
owner of a ship having a gross tonnage greater than 1000 registered in
a State Party shall be required to maintain insurance or
other financial
security, such as the guarantee of a bank or similar financial
institution,
to cover the liability of the registered owner for pollution damage 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 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 after the appropriate authority of a State Party
has determined 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 Party. This certificate shall be in the form of the model set out
in the annex to this Convention and shall contain the following
particulars:
(a) name of ship, distinctive number or letters and port of registry;
(b) name and principal place of business of the registered owner;
(c) IMO ship identification number;
(d) type and duration of security;
(e) 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;
(f) 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
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 authority
delegated
to an institution or organization recognised by it;
(ii) the withdrawal of such authority; and
(iii) the date from which such authority or withdrawal of such
authority
takes effect.
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
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 include a translation into one of these languages and,
where
the State so decides, the official language 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 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 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 5 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.
7. The State of the ship's registry shall, subject to the provisions
of this article, determine the conditions of 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 organisations relating to the financial standing
of providers of insurance or financial security for the purposes of
this
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 or certified under the authority of a State
Party shall be accepted by other States Parties for the purposes of
this
Convention and 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
insurance
certificate is not financially capable of meeting the obligations
imposed
by this Convention.
10. Any claim for compensation for pollution damage may be brought
directly against the insurer or other person providing financial
security
for the registered owner's liability for pollution damage. In such a
case
the defendant may invoke the defences (other than bankruptcy or winding
up of the shipowner) which the shipowner would have been entitled to
invoke,
including limitation pursuant to article 6. Furthermore, even
if
the shipowner is not entitled to limitation of liability according to
article
6, the defendant may limit liability to an amount equal to the amount
of
the insurance or other financial security required to be maintained in
accordance with paragraph 1. Moreover, the defendant may
invoke the
defence that the pollution damage resulted from the wilful misconduct
of
the shipowner, but the defendant shall not invoke any other defence
which
the defendant might have been entitled to invoke in proceedings brought
by the shipowner against the defendant. The defendant shall
in any
event have the right to require the shipowner to be joined in the
proceedings.
11. A State Party shall not permit a ship under its flag to which this
article applies to operate at any time, unless a certificate has been
issued
under paragraphs 2 or 14.
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 specified in paragraph 1, is in force in respect of any ship
having
a gross tonnage greater than 1000, wherever registered, entering or
leaving
a port in its territory, or arriving at or leaving an offshore facility
in its territorial sea.
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 ports or arriving at or
leaving
from offshore facilities in its territory, provided that the State
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 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 the
ship's
registry stating that the ship is owned by that State and that the
ship's
liability is covered within the limit prescribed in accordance with
paragraph
1. Such a certificate shall follow as closely as possible the model
prescribed
by paragraph 2.
15. A State may, at the time of ratification, acceptance, approval
of, or accession to this Convention, or at any time thereafter, declare
that this article does not apply to ships operating exclusively within
the area of that State referred to in article 2(a)(i).
ART. 8 (Time limits) - Rights to 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 more than six years from the date of the incident which caused the damage. Where the incident consists of a series of occurrences, the six?years' period shall run from the date of the first such occurrence.
ART. 9 (Jurisdiction) - 1. Where an incident has caused
pollution damage
in the territory, including the territorial sea, or in an area referred
to in article 2(a)(ii) of one or more States Parties, or preventive
measures
have been taken to prevent or minimise pollution damage in such
territory,
including the territorial sea, or in such area, actions for
compensation
against the shipowner, insurer or other person providing security for
the
shipowner's liability may be brought only in the courts of any such
States
Parties.
2. Reasonable notice of any action taken under paragraph 1 shall be
given to each defendant.
3. Each State Party shall ensure that its courts have jurisdiction
to entertain actions for compensation under this Convention.
ART. 10 (Recognition and enforcement) - 1. Any judgement given
by a
Court with jurisdiction in accordance with article 9 which is
enforceable
in the State of origin where it is no longer subject to ordinary forms
of review, shall be recognised in any State Party, except:
(a) where the judgement was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a fair
opportunity to present his or her case.
2. A judgement recognised under paragraph 1 shall be enforceable in
each State Party 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.
ART. 11 (Supersession Clause) - This Convention shall supersede any Convention in force or open for signature, ratification or accession at the date on which this Convention is opened for signature, but only to the extent that such Convention would be in conflict with it; however, nothing in this article shall affect the obligations of States Parties to States not party to this Convention arising under such Convention.
ART. 12 (Signature, ratification, acceptance, approval and
accession)
- 1. This Convention shall be open for signature at the Headquarters of
the Organization from 1 October 2001 until 30 September 2002 and shall
thereafter remain open for accession.
2. States may express their consent to be bound by 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.
3. Ratification, acceptance, approval or accession shall be effected
by the deposit of an instrument to that effect with the
Secretary-General.
4. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to this Convention
with respect to all existing State Parties, or after the completion of
all measures required for the entry into force of the amendment with
respect
to those State Parties shall be deemed to apply to this Convention as
modified
by the amendment.
ART. 13 (States with more than one system of law) - 1. If a
State has
two or more territorial units in which different systems of law are
applicable
in relation to matters dealt with in this Convention, it may at the
time
of signature, ratification, acceptance, approval or accession declare
that
this Convention shall extend to all its territorial units or only to
one
or more of them and may modify this declaration by submitting another
declaration
at any time.
2. Any such declaration shall be notified to the Secretary-General
and shall state expressly the territorial units to which this
Convention
applies.
3. In relation to a State Party which has made such a declaration:
(a) in the definition of "registered owner" in article 1(4), references
to a State shall be construed as references to such a territorial unit;
(b) references to the State of a ship's registry and, in relation to
a compulsory insurance certificate, to the issuing or certifying State,
shall be construed as referring to the territorial unit respectively in
which the ship is registered and which issues or certifies the
certificate;
(c) references in this Convention to the requirements of national law
shall be construed as references to the requirements of the law of the
relevant territorial unit; and
(d) references in articles 9 and 10 to courts, and to
judgements
which must be recognized in States Parties, shall be construed as
references
respectively to courts of, and to judgements which must be recognized
in,
the relevant territorial unit.
ARTICLE 14 (Entry into force) - 1. This Convention shall enter
into
force one year following the date on which eighteen States, including
five
States each with ships whose combined gross tonnage is not less than 1
million, 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.
2. For any State which ratifies, accepts, approves or accedes to it
after the conditions in paragraph 1 for entry into force have been met,
this Convention shall enter into force three months after the date of
deposit
by such State of the appropriate instrument.
ART. 15 (Denunciation) - 1. This Convention may be denounced
by any
State Party at any time after the date on which this Convention comes
into
force for that State.
2. Denunciation shall be effected by the deposit of an instrument 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, after its
deposit
with the Secretary-General.
ART. 16 (Revision or amendment) - 1. A conference for the
purpose of
revising or amending this Convention may be convened by the
Organization.
2. The Organization shall convene a conference of the States Parties
for revising or amending this Convention at the request of not less
than
one-third of the States Parties.
ART. 17 (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:
(i) each new signature or deposit of instrument 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 Convention
together with the date of the deposit and the date on which the
denunciation
takes effect; and
(iv) other declarations and notifications made under this Convention.
(b) transmit certified true copies of this Convention to all Signatory
States and to all States which accede to this Convention.
ART. 18 (Transmission to United Nations) - As soon as this Convention comes into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ART. 19 (Languages) - This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
Done at London this twenty-third day of March, two thousand and one.
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