Статус Конвенции об ограничении ответственности по морским требованиям 1976 года (LLMC) (Лондон, 19 ноября 1976 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ ОБ ОГРАНИЧЕНИИ ОТВЕТСТВЕННОСТИ ПО МОРСКИМ ТРЕБОВАНИЯМ 1976 ГОДА (LLMC) (ЛОНДОН, 19 НОЯБРЯ 1976 ГОДА)

(по состоянию на 9 декабря 2025 года)

Вступление в силу: 01.12.1986

I. Подписи

Франция

Швеция

II. Договаривающиеся государства

Число государств-участников: 55

CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976 (LLMC 1976)

Done at London, 19 November 1976

Status as at: 09.12.2025

Entry into force: 1 December 1986

I. Signatories

II. Contracting States

<*> Denunciation of the Convention extended to the following UK territories:

The Convention applies provisionally in respect of Belize

<1> For the text of a declaration, reservation or statement, see section IV.

<2> With a notification, see section V.

<3> Extended to Bonaire, Sint Eustatius and Saba (the Caribbean part of the Netherlands) with effect from 10 October 2010.

The denunciation of the Convention by the Netherlands applies to the European and Caribbean parts of the Netherlands, with effect from 1 January 2012.

<3bis> The United Kingdom declared its ratification to be effective also in respect of:

<*> Has since become the independent State of Belize to which the Convention applies provisionally.

<> For the text of communications received from the Governments of Argentina and the United Kingdom, see footnote <*> of section II of COLREG 1972.

The Depositary received a communication, on 19 December 2024, from the Foreign and Commonwealth Office in London, informing that the denunciation of the Convention was extended to the Falkland Islands (Malvinas). The extension of denunciation to the Falkland Islands took effect on 19 December 2024, the date on which the notification from the United Kingdom was received by the Secretary-General.

+ A dispute exists between the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over the Falkland Islands (Malvinas). The Secretary-General received a communication from the Embassy of the Argentine Republic, on 29 April 2025, the full text of which is contained in Circular Letter No. 5010.

<> Ceased to apply to Hong Kong with effect from 1 July 1997.*

<****> The depositary received a communication, dated 2 March 2010, from the Foreign and Commonwealth Office in London, informing that the name of the British overseas territory formerly called «St. Helena and Dependencies» has been changed to «St. Helena, Ascension and Tristan da Cunha». The status of the territory as a British overseas territory remains unchanged.

<4> Applies only to the Hong Kong Special Administrative Region.

<5> On 3 October 1990 the German Democratic Republic acceded to the Federal Republic of Germany. The German Democratic Republic had acceded <1>, <8> to the Convention on 17 February 1989.

<6> The instrument of accession contained the following statement:

«AND WHEREAS it is not intended that the accession by the Government of New Zealand to the Convention should extend to Tokelau;».

III. States which have denounced the Convention

<*> The denunciation of the Convention by the Netherlands applies to the European and Caribbean parts of the Netherlands, with effect from 1 January 2012.

IV. Declarations, Reservations and Statements

Australia

The instrument of accession of Australia was accompanied by the following reservation:

«...pursuant to article 18, paragraph 1, of the said Convention, Australia will not be bound by article 2, paragraph 1(d) and (e).»

Belgium

The instrument of accession of the Kingdom of Belgium was accompanied by the following reservation (in the French language):

[Translation]

«In accordance with the provisions of article 18, paragraph 1, Belgium expresses a reservation on article 2, paragraph 1(d) and (e).»

China

By notification dated 5 June 1997 from the People's Republic of China:

[Translation]

«1. with respect to the Hong Kong Special Administrative Region, it reserves the right in accordance with Article 18(1), to exclude the application of the Article 2(1)(d);»

Cyprus

The instrument of accession of the Republic of Cyprus contained the following reservation:

«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 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 any amendment or protocol related thereto.»

Estonia

The instrument of accession by Estonia contained the following declaration and reservation:

«Pursuant to Article 15(2)(b) of the Convention, the Republic of Estonia, declares that the limit of liability set to ships weighting up to 250 tons forms half of the limit of liability set to ships weighting up to 500 tons.»

«The Republic of Estonia reserves the right, in accordance with article 18, paragraph 1, of the Convention, to exclude the application of article 2, paragraph 1(d) and (e) of the Convention.»

France

The instrument of approval of the French Republic contained the following reservation (in the French language):

[Translation]

«In accordance with article 18, paragraph 1, the Government of the French Republic reserves the right to exclude the application of article 2, paragraphs 1(d) and (e).»

German Democratic Republic

The instrument of accession of the German Democratic Republic was accompanied by the following reservation and declaration (in the German language):

[Translation]

Article 2, paragraph 1(d) and (e)

«The German Democratic Republic notes that for the purpose of this Convention there is no limitation of liability within its territorial sea and internal waters in respect of the removal of a wrecked ship, the raising, removal or destruction of a ship which is sunk, stranded or abandoned (including anything that is or has been on board such ship). Claims, including liability, derive from the laws and regulations of the German Democratic Republic».

Article 8, paragraph 1

«The German Democratic Republic accepts the use of the Special Drawing Rights merely as a technical unit of account. This does not imply any change in its position toward the International Monetary Fund».

Federal Republic of Germany

The instrument of ratification of the Federal Republic of Germany was accompanied by the following declaration and reservation (in the German language):

[Translation]

...that the said Convention shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany.»

«In accordance with art. 18, par. 1 of the Convention, the Federal Republic of Germany reserves the right to exclude the application of art. 2, par. 1 (d) and (e) of the Convention.»

Iran (Islamic Republic of)

The instrument of accession by the Islamic Republic of Iran was accompanied by the following reservation:

«The Government of the Islamic Republic of Iran reserves its right to exclude the application of the provisions of Article 2, paragraphs (d) and (e), according to Article 18(1) of the Convention.»

Ireland

The instrument of accession of Ireland was accompanied by the following reservation:

«In accordance with Article 18 of the Convention on Limitation of Liability for Marine Claims, done at London on the 19th of November, 1976, Ireland's accession to the said Convention is subject to the exclusion of the application of Article 2, paragraph 1(d) and (e) thereof to Ireland.»

Japan

The instrument of accession of Japan was accompanied by the following statement (in the English language):

«...the Government of Japan, in accordance with the provision of paragraph 1 of article 18 of the Convention, reserves the right to exclude the application of paragraph 1(d) and (e) of article 2 of the Convention.»

Netherlands

The instrument of accession of the Kingdom of the Netherlands contained the following reservation:

«In accordance with Article 18, paragraph 1, of the Convention on Limitation of Liability for Maritime Claims, 1976, done at London on 19 November 1976, the Kingdom of the Netherlands reserves the right to exclude the application of Article 2, paragraph 1(d) and (e) of the Convention.»

Norway

The following declaration was received from the Government of Norway:

«In accordance with Article 18.1(a) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996, Norway hereby declares that it reserves the right to exclude the application of Article 2, paragraph 1(d) and (e).»

Singapore

The instrument of accession of the Republic of Singapore contained the following reservation:

«The Republic of Singapore reserves the right, in accordance with article 18, paragraph 1, of the Convention, to exclude the application of article 2, paragraph 1(d) and (e) of the Convention.»

United Kingdom

The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland contained a reservation which states that the United Kingdom was «reserving the right, in accordance with article 18, paragraph 1, of the Convention, on its own behalf and on behalf of the above-mentioned territories, to exclude the application of article 2, paragraph 1(d); and to exclude the application of article 2, paragraph 1(e) with regard to Gibraltar only».

V. Notifications

Article 8(4)

China:

[Translation]

«The manner of calculation employed with respect to article 8(1) of the Convention concerning the unit of account shall be the method of valuation applied by the International Monetary Fund;»

German Democratic Republic:

[Translation]

«The amounts expressed in Special Drawing Rights will be converted into marks of the German Democratic Republic at the exchange rate fixed by the Staatsbank of the German Democratic Republic on the basis of the current rate of the US dollar or of any other freely convertible currency».

Poland:

«Poland will now calculate financial liabilities mentioned in the Convention in the terms of the Special Drawing Right, according to the following method.»

«The Polish National Bank will fix a rate of exchange of the SDR to the United States dollar according to the current rates of exchange quoted by Reuter. Next, the US dollar will be converted into Polish zloties at the rate of exchange quoted by the Polish National Bank from their current table of rates of foreign currencies.»

Switzerland:

[Translation]

«The Federal Council declares, with reference to article 8, paragraphs 1 and 4 of the Convention that Switzerland calculates the value of its national currency in special drawing rights (SDR) in the following way:»

«The Swiss National Bank (SNB) notifies the International Monetary Fund (IMF) daily of the mean rate of the dollar of the United States of America on the Zurich currency market. The exchange value of one SDR in Swiss francs is determined from that dollar rate and the rate of the SDR in dollars calculated by IMF. On the basis of these values, SNB calculates a mean SDR rate which it will publish in its Monthly Gazette.»

United Kingdom:

«...the manner of calculation employed by the United Kingdom pursuant to article 8(1) of the Convention shall be the method of valuation applied by the International Monetary Fund.»

Article 15(2)

Belgium:

[Translation]

«In accordance with the provisions of article 15, paragraph 2, Belgium will apply the provisions of the Convention to inland navigation.»

China:

[Translation]

«with regard to Article 15(2)(b) of the Convention, the limits of liability which will be applied to ships under 300 tons are 166,667 units of account in respect of claims for loss of life or personal injury and 83,333 units of account in respect to any other claims.»

France:

[Translation]

«- that no limit of liability is provided for vessels navigating on French internal waterways;»

«- that, as far as ships with a tonnage of less than 300 tons are concerned, the general limits of liability are equal to half those established in article 6 of the Convention... for ships with a tonnage not exceeding 500 tons.»

Federal Republic of Germany:

[Translation]

«In accordance with art. 15, par. 2, first sentence, sub-par. (a) of the Convention, the system of 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 relating to the private law aspects of inland navigation.»

«In accordance with art. 15, par. 2, first sentence, sub-par. (b) of the Convention, the system of limitation of liability to be applied to ships up to a tonnage of 250 tons is regulated by specific provisions of the 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 art. 6, par. 1 (b) of the Convention is half of the limitation amount to be applied with respect to a ship with a tonnage of 500 tons.»

Netherlands:

Paragraph 2(a)

«The Act of June 14th 1989 (Staatsblad 239) 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 Order in Council of February 19th 1990 (Staatsblad 96) adopts the following limits of liability in respect of ships intended for navigation on inland waterways.»

I Limits of liability for claims in respect of loss of life or personal injury other than those in respect of passengers of a ship, arising on any distinct occasion:

1. for a ship not intended for the carriage of cargo, in particular a passenger ship, 200 Units of Account per cubic metre of displacement at maximum permitted draught, plus, for ships equipped with mechanical means of propulsion, 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 ship's maximum deadweight, plus, for ships equipped with mechanical means of propulsion, 700 Units of Account for each kW of the motorpower of the means of propulsion;

3. for a tug or a pusher, 700 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 100 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 100 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, 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 951a, paragraph 4 of the Commercial Code, their value at the time of the incident;

7. where in cases mentioned under 4 and 5 the limitation fund of the pusher or the mechanically propelled ship is increased by 100 Units of Account per ton of the maximum deadweight of the pushed barges or by 100 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 100 Units of Account per ton of the maximum deadweight of the barge or by 100 Units of Account per ton of the maximum deadweight or per cubic metre of displacement of the other vessel with respect to claims arising out of the same incident;

however, in no case shall the limitation amount be less than 200,000 Units of Account.

II The limits of liability for claims in respect of any damage caused by water pollution, other than claims for loss of life or personal injury, are equal to the limits mentioned under I.

III The limits of liability for all other claims are equal to half the amount of the limits mentioned under I.

IV 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 shall be an amount equal to 60,000 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 60,000 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 720,000 Units of Account and shall not exceed the following amounts:

(i) 3 million Units of Account for a vessel with an authorized maximum capacity of 100 passengers;

(ii) 6 million Units of Account for a vessel with an authorized maximum capacity of 180 passengers;

(iii) 12 million Units of Account for a vessel with an authorized maximum capacity of more than 180 passengers;

«Claims for loss of life or personal injury to passengers» have been defined in the same way as in Article 7, paragraph 2 of the Convention on Limitation of Liability for Maritime Claims, 1976.

«The Unit of Account mentioned under I — IV is the Special Drawing Right as defined in Article 8 of the Convention on Limitation of Liability for Maritime Claims, 1976».

Paragraph 2(b)

«The Act of 14 June 1989 (Staatsblad 241) 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 Convention.»

«The Order in Council of February 19th 1990 (Staatsblad 97) 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».

Singapore:

«The Republic of Singapore, pursuant to article 6, paragraph 3, of the Convention, 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.»

The Republic of Singapore further notifies that, with respect to article 15, paragraph 2(b) of the Convention, the limits of liability which Singapore intends to apply are as follows:

(a) to a ship licensed as a harbour craft under the Maritime and Port Authority of Singapore Act (Cap. 170A), Article 6 of the Convention has effect as if the aggregate of the amounts in paragraph 1(a)(i) and (b)(i) referred to 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 that harbour craft in respect of third party risks; and

(b) to any other ship with a tonnage less than 300 tons, article 6 of the Convention has effect as if:

(i) paragraph 1(a)(i) referred to 166,667 Units of Account; and

(ii) paragraph 1(b)(i) referred to 83,333 Units of Account.»

Switzerland:

[Translation]

«In accordance with article 15, paragraph 2, of the Convention on Limitation of Liability for Maritime Claims, 1976, we have the honour to inform you that Switzerland has availed itself of the option provided in paragraph 2(a) of the above-mentioned article.»

Since the entry into force of article 44a of the Maritime Navigation Order of 20 November 1956, the limitation of the liability of the owner of an inland waterways ship has been determined in Switzerland in accordance with the provisions of that article, a copy of which is [reproduced below]:

II. Limitation of liability of the owner of an inland waterways vessel Article 44a 1 In compliance with article 5, subparagraph 3c, of the law on maritime navigation, the liability of the owner of an inland waterways vessel, provided in article 126, subparagraph 2c, of the law, shall be limited as follows: a. in respect of claims for loss of life or personal injury, to an amount of 200 units of account per deadweight tonne of a vessel used for the carriage of goods and per cubic metre of water displaced for any other vessel, increased by 700 units of account per kilowatt of power in the case of mechanical means of propulsion, and to an amount of 700 units of account per kilowatt of power for uncoupled tugs and pusher craft; for all such vessels, however, the limit of liability is fixed at a minimum of 200,000 units of account;

b. in respect of claims for passengers, to the amounts provided by the Convention on Limitation of Liability for Maritime Claims, 1976, to which article 49, subparagraph 1, of the federal law on maritime navigation refers;

c. in respect of any other claims, half of the amounts provided under subparagraph a.

2. The unit of account shall be the special drawing right defined by the International Monetary Fund.

3. Where, at the time when damage was caused, a pusher craft was securely coupled to a pushed barge train, or where a vessel with mechanical means of propulsion was providing propulsion for other vessels coupled to it, the maximum amount of liability, for the entire coupled train, shall be determined on the basis of the amount of the liability of the pusher craft or of the vessel with mechanical means of propulsion and also on the basis of the amount calculated for the deadweight tonnage or the water displacement of the vessels to which such pusher craft or vessel is coupled, in so far as it is not proved that such pusher craft or such vessel has rendered salvage services to the coupled vessels.»

United Kingdom:

«...with regard to article 15, paragraph 2(b), the limits of liability which the United Kingdom intend to apply to ships of under 300 tons are 166,677 units of account in respect of claims for loss of life or personal injury, and 83,333 units of account in respect of any other claims.»

Article 15(4)

Norway:

«Because a higher liability is established for Norwegian drilling vessels according to the Act of 27 May 1983 (No. 30) on changes in the Maritime Act of 20 July 1893, paragraph 324, such drilling vessels are exempted from the regulations of this Convention as specified in article 15 No. 4.»

Sweden:

«...in accordance with paragraph 4 of article 15 of the Convention, Sweden has established under its national legislation a higher limit of liability for ships constructed for or adapted to and engaged in drilling than that otherwise provided for in article 6 of the Convention.»