1969年国际油污损害民事责任公约(附英文)

2.

退出本公约应以文件送交本组织秘书处收存，方为有效。

< br>

3.

退出本公约应在本组织秘书长收到文件后一年，或 文件中载明的较此为长的期限后开始生效。

第十七条

1.

联合国如是某一领土的管理当局，或本公约的任何缔约国如对某一领土的国际关系负有责任，应尽

早与该领土的相应当局协商或采取其他适当的措施，使本公约扩大适用于上述领土，并可随时书面通知 本

组织秘书长，声明本公约扩大适用于上述领土。

本公约自收到通知之日起或通知中指定之日起扩大适用于通知中所述领 土。

3.

根据本条第

1

款提出声明的联合国或任何缔约国，自本公约扩大适用于任何领土之日起可以 随时书

面通知本组织秘书长，声明本公约终止扩大适用于通知中所述领土。

4.

自本组织秘书长收到通知之日起

1

年后，或在通知中所载明的较此为长的期限后，本公约应终止扩

第十八条

1.

修订或修正本公约的会议可由本组织召集。

2.

1

／

3

缔约国提出要求时，本组织应召开缔约国代表会议，以修订或修正本公约。

第十九条

1.

本公约应送交本组织秘书长收存。

2.

本组织秘书长应：

（

1

）将下列情况通知所有签字或接受本公约的国家 ：

①

每一新的签字或文件的交存，以 及交存文件的日期；

②

交存退出本公 约的任何文件以及交存的日期；

③

按 照第十七条第

1

款规定本公约对任何领土的扩大适用和根据该条 第

4

款的规定终止任何上述扩大

适用， 并注明扩大适用或终止扩大适用本公约每一情况的日期；

（< /p>

2

）将本公约验证无误的副本分送给签字和接受本公约的所有国家 。

第二十条

本公约一经生效，

本组织秘书长应将公约文本送交联合国秘书处，

以便根据联合国宪章第一

百二十条进行登记与公布。

第二十一条

本公约原本一份，

用英文和法文写成，

两种文本具有同等效力。

应制成俄文和西班牙文的

正式译本并与签字的原本一并存档。

下列署名者，经各自政府为此正式授权，特签署本公约，以昭信守。

1969

年

< br>11

月

29

日订于布鲁塞尔。< /p>

INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE

(Brussels, 29 November 1969)

THE STATES PARTIES TO THE PRESENT CONVENTION,

CONSCIOUS

of the dangers of pollution posed by the worldwide maritime carriage of oil in bulk,

CONVINCED

of the need to ensure that adequate compensation is available to persons who suffer damage caused

by pollution resulting from the escape or discharge of oil from ships,

DESIRING

to adopt uniform international rules and procedures for determining questions of liability and

providing adequate compensation in such cases,

HAVE AGREED as follows:

Article I

For the purposes of this Convention:

1.

as cargo.

2.

a State or any of its constituent subdivisions.

3.

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,

4.

relation to unregistered ships the State whose flag the ship is flying.

5.

carried on board a ship as cargo or in the bunkers of such a ship.

6.

the escape or discharge of oil from the ship, wherever such escape or discharge may occur, and includes the costs

of preventive measures and further loss or damage caused by preventive measures.

7.

prevent or minimize pollution damage.

8.

means

any

occurrence,

or

series

of

occurrences

having

the

same

origin,

which

causes

pollution

damage.

9.

Article II

This Convention shall apply exclusively to pollution damage caused on the territory including the territorial sea of

a Contracting State and to preventive measures taken to prevent or minimize such damage.

Article III

1. Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or where

the

incident consists

of

a

series

of

occurrences

at the

time

of

the

first such occurrence, shall be liable for any

pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident.

2. No liability for pollution damage shall attach to the owner if he proves that the damage:

(a)

resulted

from

an

act

of

war,

hostilities,

civil

war,

insurrection

or

a

natural

phenomenon

of

an

exceptional,

inevitable and irresistible character, or

(b) was wholly caused by an act or omission done with intent to cause damage by a third party, or

(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible

for the maintenance of lights or other navigational aids in the exercise of that function.

3. If the owner proves that the pollution damage resulted wholly or partially either from an act or omission done

with intent to cause damage by the person who suffered the damage or from the negligence of that person, the

owner may be exonerated wholly or partially from his liability to such person.

4.

No

claim

for

compensation

for

pollution

damage

shall

be

made

against

the

owner

otherwise

than

in

accordance

with

this

Convention.

No

claim

for

pollution

damage

under

this

Convention

or

otherwise

may

be

made against the servants or agents of the owner.

5. Nothing in this Convention shall prejudice any right of recourse of the owner against third parties.

Article IV

When oil has escaped or has been discharged from two or more ships, and pollution damage results therefrom,

the owners of all the ships concerned, unless exonerated under Article III, shall be jointly and severally liable for

all such damage which is not reasonably separable.

Article V

1. The owner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to

an aggregate amount of 2,000 francs for each ton of the ship's tonnage. However, this aggregate amount shall not

in any event exceed 210 million francs.

2. If the incident occurred as a result of the actual fault or privity of the owner, he shall not be entitled to avail

himself of the limitation provided in paragraph 1 of this Article.

3. For the purpose of availing himself of the benefit of limitation provided for in paragraph 1 of this Article the

owner

shall

constitute

a

fund

for

the

total

sum

representing

the

limit

of

his

liability

with

the

Court

or

other

competent authority of any one of the Contracting States in which action is brought under Article IX. The fund can

be constituted either by depositing the sum or by

producing a

bank guarantee or other guarantee, acceptable

under the legislation of the Contracting State where the fund is constituted, and considered to be adequate by

the Court or another competent authority.

4. The fund shall be distributed among the claimants in proportion to the amounts of their established claims.

5.

If

before

the

fund

is

distributed

the

owner

or

any

of

his

servants

or

agents

or

any

person

providing

him

insurance or other financial security has as a result of the incident in question, paid compensation for pollution

damage, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so

compensated would have enjoyed under this Convention.

6. The right of subrogation provided for in

paragraph 5 of this Article may also be exercised by a person other

than

those

mentioned

therein

in

respect of

any amount of

compensation

for pollution

damage

which he

may

have paid by only to the extent that such subrogation is permitted under the applicable national law.

7. Where the owner or any other person establishes that he may be compelled to pay at a later date in whole or

in

part

any

such

amount

of

compensation,

with

regard

to

which

such

person

would

have

enjoyed

a

right

of

subrogation

under

paragraphs

5

or

6

of

this

Article,

had

the

compensation

been

paid

before

the

fund

was

distributed, the Court or other competent authority of the State where the fund has been constituted may order

that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim

against the fund.

8. Claims in respect of expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to

prevent or minimize pollution damage shall rank equally with other claims against the fund.

9.

The

franc

mentioned

in

this

Article

shall

be

a

unit

consisting

of

sixty-five

and

a

half

milligrams

of

gold

of

millesimal fineness nine hundred. The amount mentioned in paragraph 1 of this Article shall be converted into

the national currency of the State in which the fund is being constituted on the basis of the official value of that

currency by reference to the unit defined above on the date of the constitution of the fund.

10. For the purpose of this Article the ship's tonnage shall be the net tonnage of the ship with the addition of the

amount deducted from the gross tonnage on account of engine room space for the purpose of ascertaining the

net tonnage.

In

the

case

of

a

ship

which

cannot be

measured

in

accordance with the

normal rules of

tonnage

measurement,

the

ship's

tonnage

shall

be

deemed

to

be

40 per

cent of

the weight in

tons

(of

2240 lbs)

of oil

which the ship is capable of carrying.

11. the insurer or other person

providing financial security shall be entitled to constitute a fund in accordance

with this Article on the same conditions and having the same effect as if it were constituted by the owner. Such a

fund may be constituted even in the event of the actual fault or privity of the owner but its constitution shall in

that case not prejudice the rights of any claimant against the owner.

Article VI

1. Where the owner, after an incident, has constituted a fund in accordance with Article V, and is entitled to limit

his liability,

(a) no person having a claim for pollution damage arising out of that incident shall be entitled to exercise any right

against any other assets of the owner in respect of such claim;

(b) the Court or other competent authority of any Contracting State shall order the release of any ship or other

property belonging to the owner which has been arrested in respect of a claim for pollution damage arising out of

that incident, and shall similarly release any bail or other security furnished to avoid such arrest.

2. The foregoing shall, however, only apply if the claimant has access to the Court administering the fund and the

fund is actually available in respect of his claim.

Article VII

1. The owner of a ship registered in a Contracting State and carrying more than 2,000 tons of oil in bulk as cargo

shall be required to maintain insurance or other financial security, such as the guarantee of a bank or a certificate

delivered by an international compensation fund, in the sums fixed by applying the limits of liability prescribed in

Article V, paragraph 1 to cover his liability for pollution damage under this Convention.

2. A certificate attesting that insurance or other financial security is in force in accordance with the provisions of

this

Convention

shall

be

issued

to

each

ship.

It shall be

issued

or certified by

the

appropriate authority of

the

State

of

the

ship's

registry

after

determining

that

the

requirements

of

paragraph

1

of

this

Article

have

been

complied

with.

The

certificate

shall

be

in

the

form

of

the

annexed

model

and

shall

contain

the

following

particulars:

(a) name of ship and port of registration;

(b) name and principal place of business of owner;

(c) type of security;

(d) name and principal place of business of insurer or other person giving security and, where appropriate, place

of business where the insurance or security is established;

(e) period of validity of certificate which shall not be longer than the period of validity of the insurance or other

security.

3. The certificate shall be in the official language or languages of the issuing State. If the language used is neither

English nor French, the text shall include a translation into one of these languages.

4. The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep

the record of the ship's registry.

5.

An

insurance

or

other

financial

security

shall

not

satisfy

the

requirements

of

this

Article

if

it

can

cease,

for

reasons

other

than

the

expiry

of

the

period

of

validity

of

the

insurance

or

security

specified

in

the

certificate

under

paragraph

2

of

this

Article,

before

three

months

have

elapsed

from

the

date

on

which

notice

of

its

termination is given to the authorities referred to in paragraph 4 of this Article, unless the certificate has been

surrendered

to

these

authorities

or

a

new

certificate

has

been

issued

within

the

said

period.

The

foregoing

provision shall similarly apply to any modification which results in the insurance or security no longer satisfying

the requirements of this Article.

6.

The

State

of

registry

shall,

subject

to

the

provisions

of

this

Article,

determine

the

conditions

of

issue

and

validity of the certificate.

7. Certificates issued or certified under the authority of a Contracting State shall be accepted by other Contracting

States for the purposes of this Convention and shall be regarded by other Contracting States as having the same

force as certificates issued or certified by them. A Contracting State may at any time request consultation with the

State of a ship's registry should it believe that the insurer or guarantor named in the certificate is not financially

capable of meeting the obligations imposed by this Convention.

8. Any claim for compensation for pollution damage may be brought directly against the insurer or other person

providing

financial

security

for

the

owner's

liability

for

pollution

damage.

In

such

case

the

defendant

may,

irrespective of the actual fault or privity of the owner, avail himself of the limits of liability prescribed in Article V,

paragraph 1. He may further avail himself of the defences (other than the bankruptcy or winding up of the owner)

which the owner himself would have been entitled to invoke. Furthermore, the defendant may avail himself of

the

defence

that

the

pollution

damage

resulted

from

the

wilful

misconduct

of

the

owner

himself,

but

the

defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings

brought by the owner against him. The defendant shall in any event have the right to require the owner to be

joined in the proceedings.

9. Any sum provided by insurance or by other financial security maintained in accordance with paragraph 1 of this

Article shall be available exclusively for the satisfaction of claims under this Convention.

10.

A

Contracting

State

shall

not

permit

a

ship

under

its

flag

to

which

this

Article

applies

to

trade

unless

a

certificate has been issued under paragraph 2 or 12 of this Article.

11. Subject to the provisions of this Article, each Contracting State shall ensure, under its national legislation, that

insurance or other security to the extent specified in paragraph 1 of this Article is in force in respect of any ship,

wherever registered, entering or leaving a port in its territory, or arriving at or leaving an off-shore terminal in its

territorial sea, if the ship actually carries more than 2,000 tons of oil in bulk as cargo.

12. If insurance or other financial security is not maintained in respect of a ship owned by a Contracting State, the

provisions of this Article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate

issued by the appropriate authorities of the State of the ship's registry stating that the ship is owned by that State

and that the ship's liability is covered within the limits prescribed by Article V, paragraph 1. Such a certificate shall

follow as closely as practicable the model prescribed by paragraph 2 of this Article.

Article VIII

Rights of compensation under this Convention shall be extinguished unless an action is brought thereunder within

three years from the date when the damage occurred. However, in no case shall an action be brought after six

years

from

the

date

of

the

incident

which

caused

the

damage.

Where

this

incident

consists

of

a

series

of

occurrences, the six years' period shall run from the date of the first such occurrence.

Article IX

1. Where an incident has caused pollution damage in the territory including the territorial sea

of one or more

Contracting

States,

or

preventive

measures

have

been

taken

to

prevent

or

minimize

pollution

damage

in

such

territory including the territorial

sea, actions

for compensation

may only be brought in the Courts of any such

Contracting State or States. Reasonable notice of any such action shall be given to the defendant.

2. Each Contracting State shall ensure that its Court s possess the necessary jurisdiction to entertain such actions

for compensation.

3. After the fund has been constituted in accordance with Article V the Courts of the State in which the fund is

constituted

shall

be

exclusively

competent

to

determine

all

matters

relating

to

the

apportionment

and

distribution of the fund.

Article X

1. Any judgment given by a Court with jurisdiction in accordance with Article IX which is enforceable in the State

of origin where it is no longer subject to ordinary forms of review, shall be recognized

in any Contracting State,

except:

(a) where the judgment was obtained by fraud; or

(b) where the defendant was not given reasonable notice and a fair opportunity to present his case.

2. A judgment recognized under paragraph 1 of this Article shall be enforceable in each Contracting State as soon

as the formalities required in the State have been complied with. The formalities shall not permit the merits of

the case to be re-opened.

Article XI

1. The provisions of this Convention shall not apply to warships or other ships owned or operated by a State and

used, for the time being, only on government non-commercial service.

2.

With

respect

to

ships

owned

by

a

Contracting

State and

used for commercial purposes,

each

State shall

be

subject

to

suit

in

the

jurisdictions

set

forth

in

Article

IX

and

shall

waive

all

defences

based

on

its

status

as

a

sovereign State.

Article XII

This

Convention

shall

supersede

any

International

Conventions

in

force

or

open

for

signature,

ratification

or

accession

at

the

date

on

which

the

Convention

is

opened

for

signature,

but

only

to

the

extent

that

such

Conventions would be in conflict with it; however, nothing in this Article shall affect the obligations of Contracting

States to non-Contracting States arising under such International Conventions.

Article XIII

1. The present Convention shall remain open for signature until 31 December 1970 and shall thereafter remain

open for accession.

2. States Members of the United Nations or any of the Specialized Agencies or of the International Atomic Energy

Agency or Parties to the Statute of the International Court of Justice may become Parties to this Convention by:

(a) signature without reservation as to ratification, acceptance or approval;

(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or

(c) accession

Article XIV

1. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that

effect with the Secretary-General of the Organization.

2.

Any

instrument

of

ratification,

acceptance,

approval

or

accession

deposited

after

the

entry

into

force

of

an

amendment to the present Convention with respect to all existing Contracting States, or after the completion of

all measures required for the entry into force of the amendment with respect to those Contracting States shall be

deemed to apply to the Convention as modified by the amendment.

Article XV

1. The present Convention shall enter into force on the ninetieth day following the date on which Governments of

eight

States

including

five

States

each

with

not

less

than

1,000,000

gross

tons

of

tanker

tonnage

have

either

signed

it

without

reservation

as

to

ratification,

acceptance

or

approval

or

have

deposited

instruments

of

ratification, acceptance approval or accession with the Secretary-General of the Organization.

2.

For

each

State

which

subsequently

ratifies,

accepts,

approves

or

accedes

to

it

the

present

Convention

shall

come into force on the ninetieth day after deposit by such State of the appropriate instrument.

Article XVI

1. The present Convention may be denounced by any Contracting State at any time after the date on which the

Convention comes into force for that State.

2. Denunciation shall be effected by the deposit of an instrument with the Secretary- General of the Organization.

3.

A

denunciation

shall

take

effect

one

year,

or

such

longer

period

as

may

be

specified

in

the

instrument

of

denunciation, after its deposit with the Secretary-General of the Organization.

Article XVII

1. The United Nations, where it is the administering authority for a territory, or any Contracting State responsible

for the international relations of a territory, shall as soon as possible consult with the appropriate authorities of

such territory or take such other measures as may be appropriate, in order to extend the present Convention to

that territory and may at any time by notification in writing to the Secretary-General of the Organization declare

that the present Convention shall extend to such territory.

2. The present Convention shall, from the date of receipt of the notification of from such other date as may be

specified in the notification, extend to the territory named therein.

3. The United Nations, or any Contracting State which has made a declaration under paragraph 1 of this Article

may

at

any

time

after

the

date

on

which

the

Convention

has

been

so

extended

to

any

territory

declare

by

notification

in

writing

to

the

Secretary-General

of

the

Organization

that

the

present

Convention

shall

cease

to

extend to any such territory named in the notification.

4. The present Convention shall cease to extend to any territory mentioned in such notification one year, or such

longer period as may be specified therein, after the date of receipt of the notification by the Secretary-General of

the Organization.

Article XVIII

1.

A

Conference

for

the

purpose

of

revising

or

amending

the

present

Convention

may

be

convened

by

the

Organization.

2. The Organization shall convene a Conference of the Contracting States for revising or amending the present

Convention at the request of not less than one-third of the Contracting States.

Article XIX

1. The present Convention shall be deposited with the Secretary-General of the Organization.

2. The Secretary-General of the Organization shall:

(a) inform all States which have signed or acceded to the Convention of:

(i) each new signature or deposit of instrument together with the date thereof;

(ii) the deposit of any instrument of denunciation of this Convention together with the date of the deposit;

(iii)

the

extension

of

the

present

Convention

to

any

territory

under

paragraph

1

of

Article

XVII

and

of

the

termination of any such extension under the provisions of paragraph 4 of that Article stating in each case the date

on which the present Convention has been or will cease to be so extended;

(b) transmit certified true copies of the present Convention to all Signatory States and to all States which accede

to the present Convention.

Article XX

As soon as the present Convention comes into force, the text shall be transmitted by the Secretary-General of the

Organization to the Secretariat of the United Nations for registration and publication in accordance with Article

102 of the Charter of the United Nations.

Article XXI

The

present

Convention

is

established

in

a

single

copy

in

the

English

and

French

languages,

both

texts

being

equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with

the signed original.

IN WITNESS WHEREOF

the undersigned being duly authorized by their respective Governments for that purpose

have signed the present Convention.

DONE

at Brussels this twenty-ninth day of November 1969.

（一）修正

1969

年国际油污损害民事责任公约的

1992