International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter I - General Provisions

Scope of application

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Article 5

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1. A State may, at the time of ratification, acceptance, approval of, or accession to, this Convention, or any time thereafter, declare that this Convention does not apply to ships:

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(a) which do not exceed 200 gross tonnage; and

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(b) which carry hazardous and noxious substances only in packaged form; and

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(c) while they are engaged on voyages between ports or facilities of that State.

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2. Where two neighbouring States agree that this Convention does not apply also to ships which are covered by paragraph 1(a) and (b) while engaged on voyages between ports or facilities of those States, the States concerned may declare that the exclusion from the application of this Convention declared under paragraph 1 covers also ships referred to in this paragraph.

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3. Any State which has made the declaration under paragraph 1 or 2 may withdraw such declaration at any time.

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4. A declaration made under paragraph 1 or 2, and the withdrawal of the declaration made under paragraph 3, shall be deposited with the SecretaryGeneral who shall, after the entry into force of this Convention, communicate it to the Director.

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5. Where a State has made a declaration under paragraph 1or 2 and has not withdrawn it, hazardous and noxious substances carried on board ships covered by that paragraph shall not be considered to be contributing cargo for the purpose of application of articles 18, 20, article 21, paragraph 5 and article 43.

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6. The HNS Fund is not liable to pay compensation for damage caused by substances carried by a ship to which the Convention does not apply pursuant to a declaration made under paragraph 1or 2, to the extent that:

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(a) the damage as defined in article 1, paragraph 6(a), (b) or (c) was caused in:

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(i) the territory, including the territorial sea, of the State which has made the declaration, or in the case of neighbouring States which have made a declaration under paragraph 2, of either of them; or

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(ii) the exclusive economic zone, or area mentioned in article 3(b), of the State or States referred to in (i);

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(b) the damage includes measures taken to prevent or minimize such damage .

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter I - General Provisions

Definitions

Annexes

Scope of application

Duties of State Parties

Chapter II - Liability

Liability of the owner

Incidents involving two or more ships

Limitation of liability

Death and injury

Compulsory insurance of the owner

Chapter III - Compensation By The International Hazardous And Noxious Substances Fund (HNS Fund)

Establishment of the HNS Fund

Compensation

Related tasks of the HNS Fund

Expenditure:

General provisions on contributions

General provisions on annual contributions

Annual contributions to the general account

Annual contributions to separate accounts

Initial contributions

Reports

Non­payment of contributions

Optional liability of States Parties for the payment of contributions

Organization and administration

Assembly

Secretariat

Finances

Voting

Tax exemptions and currency regulations

Confidentiality of information

Chapter IV - Claims And Actions

Limitation of actions

Jurisdiction in respect of action against the owner

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Recognition and enforcement

Subrogation and recourse

Supersession clause

Chapter V - Transitional Provisions

Information on contributing cargo

First session of the Assembly

Chapter VI - Final Clauses

Signature, ratification, acceptance, approval and accession

Entry into force

Revision and amendment

Amendment of limits

Denunciation

Extraordinary sessions of the Assembly

Cessation

Winding up of the HNS Fund

Depositary

Languages

[Post Provisions]

Annexes

Annex I

ANNEX II - Regulations For The Calculation Of Annual Contributions To The General Account

Metadata

Manifest

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter I - General Provisions

Scope of application

Article 5

Nonpayment of contributions