Merchant Shipping (Liability of Shipowners and Others) Act , 1996

PART I Preliminary and General

1 Short title, commencement, collective citation and construction.

1.—(1) This Act may be cited as the Merchant Shipping (Liability of Shipowners and Others) Act, 1996.

(2) This Act shall come into operation on such day or days as by order or orders made by the Minister under this section may be fixed therefor, either generally or with reference to a particular purpose or provision and different days may be fixed for different purposes and different provisions.

(3) The Merchant Shipping Acts, 1894 to 1993, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1996, and shall be construed together as one.

2 Interpretation generally.

2.—(1) In this Act, unless the context otherwise requires—

“the Central Bank” means the Central Bank of Ireland;

“the Minister” means the Minister for the Marine.

(2) (a) In this Act a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) In this Act a reference to any other enactment is a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.

3 Repeals.

3.—Each enactment mentioned in column (2) of the Fourth Schedule is hereby repealed to the extent specified in column (3) of that Schedule.

4 Orders.

4.—(1) The Minister may by order amend or revoke an order made by him or her under this Act (other than an order under section 1 (2) but including an order under this subsection).

(2) An order under subsection (1) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.

(3) A reference in this Act to an order in force shall, as respects such an order that is amended by an order in force under this section, be construed as a reference to the first-mentioned order as so amended.

(4) An order under this Act (other than an order under section 1 (2)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

5 Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II Convention on Limitation of Liability for Maritime Claims, 1976

6 Interpretation (Part II).

6.—In this Part—

“Contracting State” means a state that is a party to the 1976 Convention;

“the 1976 Convention” means the Convention on Limitation of Liability for Maritime Claims, 1976, done at London on the 19th day of November, 1976.

7 1976 Convention to have the force of law.

7.—(1) Subject to the provisions of this Part, the 1976 Convention shall have the force of law in the State and judicial notice shall be taken thereof.

(2) For convenience of reference there is set out in the First Schedule the text in the English language of the 1976 Convention.

8 Declarations as respects states which are parties to the 1976 Convention.

8.—The Minister may by order declare that any state specified in the order is a Contracting State and such an order that is in force shall be evidence that that state is a Contracting State.

9 Construction of references to ship in 1976 Convention.

9.—References in the 1976 Convention to a ship shall be construed as including references to any structure (whether completed or in the course of completion) launched and intended for use in navigation as a ship or a part of a ship.

10 Right to limit liability extends to non-seagoing ships.

10.—The right to limit liability under the 1976 Convention shall apply in relation to any ship whether seagoing or not and the definition of “shipowner” in paragraph 2 of Article 1 of that Convention shall be construed accordingly.

11 Restriction on right to limit liability.

11.—(1) Notwithstanding paragraph 1 (d) or 1 (e) of Article 2 of the 1976 Convention, the right to limit liability under that Convention shall not apply to claims (including claims under Part IV of the Act of 1993) 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 and Article 3 (claims excepted from limitation) of that Convention shall be construed accordingly.

(2) Subsection (1) shall have effect in lieu of section 53 of the Act of 1993.

(3) In this section “the Act of 1993” means the Merchant Shipping (Salvage and Wreck) Act, 1993.

12 Construction of reference to nuclear ship in Article 3 of 1976 Convention.

12.—The reference in Article 3 of the 1976 Convention to a nuclear ship includes a reference to a ship carrying nuclear material (whether or not the ship is powered by such material).

13 Conversion of amounts in units of account into currency of the State for the purposes of 1976 Convention.

13.—(1) For the purpose of the limits of liability specified in Articles 6 and 7 of the 1976 Convention, the value in the currency of the State of the unit of account specified in that Convention shall be taken to be the value, ascertained in accordance with Article 8 of that Convention, in that currency of such a unit of account on the relevant day specified in the said Article or, if its value on that day cannot be so ascertained, its value in that currency on the latest day before such day on which it can be so ascertained.

(2) For the purposes of this section a certificate purporting to be signed by an officer of the Central Bank and stating that—

(a) a specified amount in the currency of the State is the value of such a unit of account on a specified day, or

(b) the value in the currency of the State of such a unit of account on a specified day cannot be ascertained in accordance with the 1976 Convention and that a specified amount in the currency of the State is the value, calculated in accordance with that Convention, of such a unit of account on a specified day (being the latest day before the first-mentioned specified day on which such value can be ascertained as aforesaid),

shall be admissible as evidence of the facts stated in the certificate.

14 Rate of interest to be applied for purposes of Article 11 of 1976 Convention.

14.—The Minister may, with the consent of the Minister for Finance, prescribe by order the rate of interest to be applied for the purposes of paragraph 1 of Article 11 of the 1976 Convention.

15 Power of court to stay proceedings where fund is constituted.

15.—Where a fund is constituted with a court in accordance with Article 11 of the 1976 Convention for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending in that court, or any court of lower jurisdiction to that court, against the person by whom the fund has been constituted.

16 Provision with respect to liens or other rights in respect of ship or property.

16.—No lien or other right in respect of any ship or property shall affect the proportions in which under Article 12 of the 1976 Convention the fund mentioned in that Article is distributed among the several claimants concerned.

17 Submission to jurisdiction of court deemed in certain circumstances.

17.—Where the release of a ship or other property is ordered under paragraph 2 of Article 13 of the 1976 Convention the person on whose application it is ordered to be released shall be deemed to have submitted to the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached.

PART III Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974

18 Interpretation (Part III).

18.—In this Part—

“the 1974 Convention” means the Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, done at Athens on the 13th day of December, 1974, and references to that Convention shall, unless the context otherwise requires, be construed as references to that Convention as amended by the 1976 Protocol;

“the 1976 Protocol” means the Protocol to the 1974 Convention done at London on the 19th day of November, 1976.

19 1974 Convention and 1976 Protocol to have the force of law.

19.—(1) Subject to the provisions of this Part, the 1974 Convention and the 1976 Protocol shall have the force of law in the State and judicial notice shall be taken thereof.

(2) For convenience of reference there are set out in Parts I and II, respectively, of the Second Schedule, the texts in the English language of the 1974 Convention and the 1976 Protocol.

20 Declarations as respects states which are parties to 1974 Convention and 1976 Protocol.

20.—The Minister may by order declare that any state specified in the order is a party to—

(a) the 1974 Convention, or

(b) both that Convention and the 1976 Protocol,

and such an order that is in force shall be evidence that that state is such a party.

21 Provision as respects non-application of 1974 Convention by Article 2 (2) thereof.

21.—For the purposes of paragraph 2 of Article 2 of the 1974 Convention, provisions of such an international convention as is mentioned in that paragraph which, apart from this section, do not have mandatory application to carriage by sea shall be treated as having mandatory application to carriage by sea if it is stated in the contract of carriage for the carriage in question that those provisions are to apply in connection with the carriage.

22 Construction of reference in 1974 Convention to law of the court.

22.—The reference to the law of the court in Article 6 of the 1974 Convention shall be construed as a reference to the Civil Liability Act, 1961.

23 Monetary limit under Article 7 of the 1974 Convention: power to increase as against certain carriers.

23.—The Minister may by order provide that, in relation to a carrier whose principal place of business is in the State, paragraph 1 (inserted by the 1976 Protocol) of Article 7 of the 1974 Convention shall have effect with the substitution for the monetary limit specified in that paragraph of a higher monetary limit specified in the order (which shall not be lower than the monetary limit specified in paragraph 1 of Article 7 of the Convention referred to in section 7).

24 Conversion of amounts in units of account into currency of the State for purposes of 1974 Convention.

24.—(1) For the purpose of determining the amount of damages that may be awarded pursuant to the 1974 Convention by any court or other tribunal in proceedings in which the provisions of Article 7 or 8 of that Convention fall to be applied, the value in the currency of the State of a unit of account specified in that Convention shall be taken to be the value, ascertained in accordance with that Convention, in that currency of such of a unit of account on the day of the award or, if its value on that day cannot be so ascertained, its value in that currency on the latest day before such day on which it can be so ascertained.

(2) For the purposes of this section, a certificate purporting to be signed by an officer of the Central Bank and stating that—

(a) a specified amount in the currency of the State is the value of such a unit of account on a specified day, or

(b) the value in the currency of the State of such a unit of account on a specified day cannot be ascertained in accordance with the 1974 Convention and that a specified amount in the currency of the State is the value, calculated in accordance with that Convention, of such a unit of account on a specified day (being the latest day before the first-mentioned specified day on which such value can be ascertained as aforesaid),

shall be admissible as evidence of the facts stated in the certificate.

25 Application of 1974 Convention where defendant a national of non-Protocol state.

25.—(1) If, as respects the application, by virtue of Article 2 of the 1974 Convention, of the provisions of that Convention in particular proceedings, any state referred to in that Article is not a party to the 1976 Protocol, the provisions of that Convention, without the amendments thereof effected by the said Protocol, shall apply in relation to any defendant in those proceedings who is a national of the said state.

(2) For the purposes of such application of the provisions of the 1974 Convention in relation to a defendant aforesaid, the official value in the currency of the State of a franc referred to in Article 9 of that Convention (“the gold franc”) shall be taken to be the official value in that currency of the gold franc on the day of the award concerned or, if its value on that day cannot be ascertained, on the latest day before such day on which it can be ascertained.

(3) For the purposes of subsection (2), a certificate purporting to be signed by an officer of the Central Bank and stating that—

(a) a specified amount in the currency of the State is the value of a gold franc on a specified day, or

(b) the value in the currency of the State of a gold franc on a specified day cannot be ascertained and that a specified amount in the currency of the State is the value of a gold franc on a specified day (being the latest day before the first mentioned specified day on which such value can be ascertained),

shall be admissible as evidence of the facts stated in the certificate.

26 Construction of reference in 1974 Convention to contract of carriage.

26.—A reference in the 1974 Convention to a contract of carriage does not include a reference to a contract of carriage which is not for reward.

27 Powers of court where liability limited under 1974 Convention.

27.—A court before which proceedings are brought in pursuance of Article 17 of the 1974 Convention to enforce a liability which is limited by virtue of Article 12 of that Convention may at any stage of the proceedings make such order as appears to the court to be just and equitable having regard to the provisions of the said Article 12 and to any other proceedings which have been or are likely to be begun in the State or elsewhere to enforce the liability in whole or in part; without prejudice to the generality of the foregoing such a court shall, where the liability is or may be partly enforceable in other proceedings in the State or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court or to make any part of its award conditional on the results of any other proceedings.

28 Action for damages under 1974 Convention deemed to be action founded on tort.

28.—(1) An action for damages under the 1974 Convention (“a 1974 Convention action”) shall be deemed for the purposes of every enactment and rule of law to be an action founded on tort.

(2) Subsection (1) shall not have the effect of applying to a 1974 Convention action a provision of an enactment or a rule of law that is inconsistent with a provision of the 1974 Convention.

29 Saving as respects operation of Part II.

29.—Nothing in this Part shall prejudice the operation of Part II of this Act (which limits a shipowner's liability in certain cases of loss of life, injury or damage).

PART IV Carriage of Goods by Sea

30 Interpretation (Part IV).

30.—(1) In this Part—

“the 1924 Convention” means the International Convention for the unification of certain rules of law relating to bills of lading done at Brussels on the 25th day of August, 1924, and references to that Convention shall be construed, other than in paragraph (a) of subsection (2), as references to that Convention as amended by the 1968 and 1979 Protocols;

“the 1968 Protocol” means the Protocol to the 1924 Convention done at Brussels on the 23rd day of February, 1968;

“the 1979 Protocol” means the Protocol to the 1924 Convention done at Brussels on the 21st day of December, 1979;

“the Rules” means Articles I to X of the 1924 Convention.

(2) In this Part and Article X of the Rules, “Contracting State” means a state that is a party to any of the following—

(a) the 1924 Convention,

(b) the 1968 Protocol,

(c) the 1979 Protocol,

whether generally as respects its territory or as respects any place or territory specified in an order under section 32, and shall, where it is such a party only in respect of a place or territory aforesaid, be construed so that this Part and the Rules shall have effect only in relation to that place or territory.

31 Rules to have the force of law.

31.—(1) Subject to the provisions of this Part, the Rules shall have the force of law in the State and judicial notice shall be taken thereof.

(2) For convenience of reference there is set out in the Third Schedule the text in the English language of the Rules.

32 Declarations as respects states which are Contracting States.

32.—The Minister may by order declare that any state specified in the order is a Contracting State, whether generally as respects its territory or as respects any place or territory specified in the order, and such an order that is in force shall be evidence that that state is a Contracting State as aforesaid.

33 Bills of lading and application of Rules.

33.—(1) Without prejudice to Article X (c) of the Rules, the Rules shall have the force of law in relation to—

(a) any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules shall govern the contract, and

(b) any receipt which is a non-negotiable document marked as such if the contract contained in or evidenced by it is a contract for the carriage of goods by sea which expressly provides that the Rules are to govern the contract as if the receipt were a bill of lading,

but subject, in a case where paragraph (b) applies, to any necessary modifications and, in particular, with the omission in Article III of the Rules of the second sentence of paragraph 4 and of paragraph 7.

(2) If and so far as the contract contained in or evidenced by a bill of lading or receipt referred to in paragraph (a) or (b) of subsection (1) applies to deck cargo or live animals, the Rules shall, so far as they have the force of law by virtue of that subsection, have effect as if Article I (c) of the Rules did not exclude deck cargo and live animals.

(3) Subject to the provisions of this section, nothing in this Part shall be taken as applying anything in the Rules to any contract for the carriage of goods by sea, unless the contract expressly or by implication provides for the issue of a bill of lading or any similar document of title.

(4) In this section “deck cargo” means cargo which by the contract of carriage concerned is stated as being carried on deck and is so carried.

34 Application of Rules where port of shipment is a port in the State.

34.—Without prejudice to section 31, the Rules shall have the force of law in relation to and in connection with the carriage of goods by sea in ships where the port of shipment is a port in the State, whether or not the carriage is between ports in two different states within the meaning of Article X of the Rules.

35 Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply.

35.—There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

36 Conversion of amounts in units of account into currency of the State for purposes of Rules.

36.—(1) For the purposes of the limit of liability specified in Article IV of the Rules, the value in the currency of the State of a unit of account specified in that Article shall be taken to be the value, ascertained in accordance with that Article, in that currency of such a unit of account on the relevant day specified in that Article, or if its value on that day cannot be so ascertained, its value in that currency on the latest day before such day on which it can be so ascertained.

(2) For the purposes of this section a certificate purporting to be signed by an officer of the Central Bank and stating that—

(a) a specified amount in the currency of the State is the value of such a unit of account on a specified day, or

(b) the value in the currency of the State of such a unit of account on a specified day cannot be ascertained in accordance with the Rules and that a specified amount in the currency of the State is the value, calculated in accordance with the Rules, of such a unit of account on a specified day (being the latest day before the first-mentioned specified day on which such value can be ascertained as aforesaid),

shall be admissible as evidence of the facts stated in the certificate.

37 Further saving as respects operation of Part II.

37.—Nothing in this Part shall prejudice the operation of Part II of this Act.

PART V Miscellaneous

38 Exclusion of liability in certain cases.

38.—(1) Subject to subsection (3), the owner of a ship shall not be liable for any loss or damage in the following cases, namely—

(a) where any property on board the ship is lost or damaged by reason of fire on board the ship; or

(b) where any gold, silver, watches, jewels or precious stones on board the ship are lost or damaged by reason of larceny, robbery or other dishonest conduct and their nature and value were not at the time of shipment declared by their owner or shipper to the owner or master of the ship in the bill of lading or otherwise in writing.

(2) Subject to subsection (3), where the loss or damage referred to in a case aforesaid arises from anything done or omitted to be done by any person in his or her capacity as master or member of the crew of the ship or (otherwise than in that capacity) in the course of employment as a servant of the owner of the ship, subsection (1) shall also relieve of liability for such loss or damage—

(a) that person, and

(b) where that person is a servant of a person whom subsection (1) would not, apart from this paragraph, relieve of liability for such loss or damage, that other person.

(3) This section shall not relieve a person of any liability—

(a) for loss or damage resulting from any such personal act or omission of the person as is mentioned in Article 4 of the Convention referred to in section 7,

(b) that is imposed on the person by the Convention referred to in section 19.

(4) In this section—

“master” means, in relation to a ship, the person having, for the time being, the command or charge of the ship;

“owner” includes, in relation to a ship, any part owner and any charterer, manager or operator of the ship.

39 Adaptation of certain references.

39.—A reference in any enactment to a provision of the Merchant Shipping Acts, 1894 to 1993, being a provision that is repealed by this Act and which corresponds to a provision of this Act, shall, unless the context otherwise requires, be construed as a reference to the said provision of this Act.

FIRST SCHEDULE Convention on Limitation of Liability for Maritime Claims, 1976

THE STATES PARTIES TO THIS CONVENTION,

HAVING RECOGNIZED the desirability of determining by agreement certain uniform rules relating to the limitation of liability for maritime claims,

HAVE DECIDED to conclude a Convention for this purpose and have thereto agreed as follows:

SECOND SCHEDULE Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974 and Protocol Thereto

PART I Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974

The States Parties to this Convention,

HAVING RECOGNIZED the desirability of determining by agreement certain rules relating to the carriage of passengers and their luggage by sea;

HAVE DECIDED to conclude a Convention for this purpose and have thereto agreed as follows:

Definitions

In this Convention the following expressions have the meaning assigned to them:

(b) “performing carrier” means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;

(a) under a contract of carriage, or

(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 not governed by this Convention;

(a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods; and

(b) live animals;

(a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or if the vessel used for this purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;

(b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;

(c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent on shore or on board until the time of its re-delivery by the carrier or his servant or agent;

Application

(a) the ship is flying the flag of or is registered in a State Party to this Convention, or

(b) the contract of carriage has been made in a State Party to this Convention, or

(c) the place of departure or destination, according to the contract of carriage, is in a State Party to this Convention.

Liability of the carrier

Performing carrier

Valuables

The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in paragraph 3 of Article 8 unless a higher limit is agreed upon in accordance with paragraph 1 of Article 10.

Contributory fault

If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the court seized of the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that court.

Limit of liability for personal injury

Limit of liability for loss of or damage to luggage

Monetary unit and conversion

Supplementary provisions on limits of liability

Defences and limits for carriers' servants

If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention.

Aggregation of claims

Loss of right to limit liability

Basis for claims

No action for damages for the death of or personal injury to a passenger, or for the loss of or damage to luggage, shall be brought against a carrier or performing carrier otherwise than in accordance with this Convention.

Notice of loss or damage to luggage

(a) in the case of apparent damage to luggage:

(i) for cabin luggage, before or at the time of disembarkation of the passenger;

(ii) for all other luggage, before or at the time of its re-delivery;

(b) in the case of damage to luggage which is not apparent, or loss of luggage, within fifteen days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.

Time-bar for actions

(a) in the case of personal injury, from the date of disembarkation of the passenger;

(b) in the case of death occurring during carriage, from the date when the passenger should have disembarked, and in the case of personal injury occurring during carriage and resulting in the death of the passenger after disembarkation, from the date of death, provided that this period shall not exceed three years from the date of disembarkation;

(c) in the case of loss of or damage to luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.

Competent jurisdiction

(a) the court of the place of permanent residence or principal place of business of the defendant, or

(b) the court of the place of departure or that of the destination according to the contract of carriage, or

(c) a court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject to jurisdiction in that State, or

(d) a court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.

Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention except as provided in paragraph 4 of Article 8, and any such provision purporting to shift the burden of proof which rests on the carrier, or having the effect of restricting the option specified in paragraph 1 of Article 17, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provisions of this Convention.

Other conventions on limitation of liability

This Convention shall not modify the rights or duties of the carrier, the performing carrier, and their servants or agents provided for in international conventions relating to the limitation of liability of owners of seagoing ships.

Nuclear damage

No liability shall arise under this Convention for damage caused by a nuclear incident:

(a) if the operator of a nuclear installation is liable for such damage under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as amended by its Additional Protocol of 28 January 1964, or the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage, or

(b) if the operator of a nuclear installation is liable for such damage by virtue of a national law governing the liability for such damage provided that such law is in all respect as favourable to persons who may suffer damage as either the Paris or the Vienna Conventions.

Commercial carriage by public authorities

This Convention shall apply to commercial carriage undertaken by States or Public Authorities under contracts of carriage within the meaning of Article 1.

Declaration of non-application

Signature, ratification and accession

(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.

Entry into force

Denunciation

Revision and amendment

Depository

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

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

(ii) the date of entry into force of this Convention;

(iii) any denunciation of this Convention and the date on which it takes effect;

(b) transmit certified true copies of this Convention to all signatory States and to all States which have acceded to this Convention.

Languages

This Convention is established in a single original in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared by the Secretary-General of the Organization and deposited with the signed original.

IN WITNESS WHEREOF the undersigned being duly authorized for that purpose have signed this Convention.

DONE at Athens this thirteenth day of December one thousand nine hundred and seventy-four.

(Here follow signatures on behalf of certain States).

PART II Protocol to the Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974

THE PARTIES TO THE PRESENT PROTOCOL,

BEING PARTIES to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, done at Athens on 13 December 1974;

HAVE AGREED AS FOLLOWS:

For the purpose of the present Protocol:

(1) Article 7, paragraph 1 of the Convention is replaced by the following text:

(2) Article 8 of the Convention is replaced by the following text:

(3) Article 9 of the Convention and its title are replaced by the following:

Units of Account or Monetary Unit and Conversion

Right, of a State which is a member of the International Monetary Fund, 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. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by the State.

(a) in respect of Article 7, paragraph 1, 700,000 monetary units;

(b) in respect of Article 8, paragraph 1, 12,500 monetary units;

(c) in respect of Article 8, paragraph 2, 50,000 monetary units;

(d) in respect of Article 8, paragraph 3, 18,000 monetary units;

(e) in respect of Article 8, paragraph 4, the deductible shall not exceed 1,750 monetary units in the case of damage to a vehicle and shall not exceed 200 monetary units per passenger in the case of loss of or damage to other luggage.

The monetary unit referred to in this paragraph corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the amounts specified in this paragraph into the national currency shall be made according to the law of the State concerned.

Signature, Ratification and Accession

Entry into Force

Denunciation

Revision and Amendment

Depositary

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

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

(ii) the date of entry into force of the present Protocol;

(iii) the deposit of any instrument of denunciation of the present Protocol together with the date on which the denunciation takes effect;

(iv) any amendments to the present Protocol;

(b) transmit certified true copies of the present Protocol to all States which have signed the present Protocol or acceded thereto.

Languages

The present Protocol is established in a single original in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared by the Secretary-General and deposited with the signed original.

DONE AT LONDON this nineteenth day of November one thousand nine hundred and seventy-six.

IN WITNESS WHEREOF the undersigned being duly authorized for that purpose have signed the present Protocol.

(Here follow signatures on behalf of certain States).

THIRD SCHEDULE Articles I to X of the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading as Amended by the 1968 and 1979 Protocols

In this Convention the following words are employed with the meanings set out below:

(a) “Carrier” includes the owner of the vessel or the charterer who enters into a contract of carriage with a shipper.

(b) “Contract of carriage” applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea; it also applies to any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such instrument regulates the relations between a carrier and a holder of the same.

(c) “Goods” includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried.

(d) “Ship” means any vessel used for the carriage of goods by sea.

(e) “Carriage of goods” covers the period from the time when the goods are loaded on to the time they are discharged from the ship.

Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, storage, carriage, custody, care, and discharge of such goods shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.

(a) Make the ship seaworthy;

(b) Properly man, equip, and supply the ship;

(c) Make the holds, refrigerating and cold chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.

(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage;

(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper;

(c) The apparent order and condition of the goods.

Provided that no carrier, master, or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable grounds for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking.

If the loss or damage is not apparent, the notice must be given within three days of the delivery.

The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.

Subject to paragraph 6 bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period may, however, be extended if the parties so agree after the cause of action has arisen.

In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.

6 bis. An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.

(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.

(b) Fire, unless caused by the actual fault or privity of the carrier.

(c) Perils, dangers, and accidents of the sea or other navigable waters.

(d) Act of God.

(e) Act of war.

(f) Act of public enemies.

(g) Arrest or restraint of princes, rulers, or people or seizure under legal process.

(h) Quarantine restrictions.

(i) Act or omission of the shipper or owner of the goods, his agent, or representative.

(j) Strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.

(k) Riots and civil commotions.

(l) Saving or attempting to save life or property at sea.

(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods.

(n) Insufficiency of packing.

(o) Insufficiency or inadequacy of marks.

(p) Latent defects not discoverable by due diligence.

(q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier; but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents of the carrier contributed to the loss or damage.

(b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged.

The value of the goods shall be fixed accordingly to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

(c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.

(d) The unit of account mentioned in this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in subparagraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case.

The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, 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. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in its territory shall be fixed as follows:

(i) in respect of the amount of 666.67 units of account mentioned in subparagraph (a) of paragraph 5 of this Article, 10,000 monetary units;

(ii) in respect of the amount of 2 units of account mentioned in subparagraph (a) of paragraph 5 of this Article, 30 monetary units.

The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrams of gold of millesimal fineness 900'. The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned.

The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in subparagraph (a) of paragraph 5 of this Article as is expressed there in units of account.

States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979 or of accession thereto and whenever there is a change in either.

(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

(f) The declaration mentioned in subparagraph (a) of this paragraph, if embodied in the bill of lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in subparagraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that subparagraph.

(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.

The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention.

The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in this Convention.

Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities, or to increase any of his responsibilities and liabilities under this Convention provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.

The provisions of this Convention shall not be applicable to charter parties, but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.

Notwithstanding the provisions of the preceding articles, a carrier, master, or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or concerning his obligation as to seaworthiness so far as this stipulation is not contrary to public policy, or concerning the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care, and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.

Any agreement so entered into shall have full legal effect.

Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms, and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.

Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement stipulation, condition, reservation, or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connection with the custody and care and handling of goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.

The provisions of this Convention shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.

This Convention shall not affect the provisions of any international Convention or national law governing liability for nuclear damage.

The provisions of this Convention shall apply to every bill of lading relating to the carriage of goods between ports in two different States if:

(a) the bill of lading is issued in a Contracting State,

or

(b) the carriage is from a port in a Contracting State,

or

(c) the contract contained in or evidenced by the bill of lading provides that the rules of this Convention or legislation in any State giving effect to them are to govern the contract

whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.

Each Contracting State shall apply the provisions of this Convention to the bills of lading mentioned above.

This Article shall not prevent a Contracting State from applying the rules of this Convention to bills of lading not included in the preceding paragraphs.

FOURTH SCHEDULE Enactments Repealed

Session and Chapter or Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
57 & 58 Vict., c. 60	Merchant Shipping Act, 1894.	Part VIII (sections 502 to 509).
61 & 62 Vict., c. 14	Merchant Shipping (Liability of Shipowners) Act, 1898.	The whole Act.
63 & 64 Vict., c. 32	Merchant Shipping (Liability of Shipowners and others) Act, 1900.	The whole Act.
6 Edw. 7, c. 48	Merchant Shipping Act, 1906.	Sections 69, 70 and 71.
1 & 2 Geo. 5, c. 42	Merchant Shipping Act, 1911.	Section 1 (2).
11 & 12 Geo. 5, c. 28	Merchant Shipping Act, 1921	The whole Act (in so far as it relates to Part VIII of the Merchant Shipping Act, 1894).
No. 46 of 1947	Merchant Shipping Act, 1947	Section 13 and the Second Schedule.
No. 34 of 1993	Merchant Shipping (Salvage and Wreck) Act, 1993.	Section 53.