IMO приняла решение увеличить предел ответственности по морским требованиям, предусмотренный в Конвенции об ограничении ответственности по морским требованиям 1976 г. Сторонниками таких новелл были Австралия и Международная группа P&I клубов.
NEWSLETTER No. 09/12, 10th May 2012
1996 Protocol to the Convention on Limitation of Liability for Maritime Claims (LLMC). Amendments to increase the limits of liability thereunder by over 50%.
Amendments to increase the limits of liability in the 1996 LLMC Protocol were adopted by the Legal Committee of the International Maritime Organisation (IMO) in its 99th session on the 19th April 2012. The new, and significantly higher limits, should come into force 36 months from the date of adoption, and thus 19th April 2015, under the tacit acceptance procedure. This procedure, is enshrined in Article 8 of LLMC 1996, and automatically accepts an amendment unless within 18 months of adoption (19th April, 2012) not less than one fourth of the Contracting States at the time of adoption have communicated non-acceptance.
All Contracting States are then bound by the amendment unless they denounce the Protocol at least 6 months before it enters into force (19th April 2015).
ABOUT THE LLMC CONVENTION
The general question of limitation of liability for maritime claims was dealt with in the International Convention Relating to the Limitation of the Liability of Owners of Seagoing Ships, which was signed in Brussels in 1957, and came into force in 1968. IMO, which began operations in 1959, then adopted a new convention in 1976, which raised the limits, in some cases by 300%. The compensation limits of the 1976 Convention were raised by means of the Protocol adopted in 1996, and now revised in 2012.
The LLMC Convention sets specified limits for two types of claims against ship owners: claims for loss of life or personal injury and property claims. The Convention provides for a virtually unbreakable system of limiting liability. Ship owners and salvors may limit their liability except if “it is proved that the loss resulted from his personal act or omission, committed with intent to cause such a loss, recklessly and with knowledge that such loss would probably result”.
The LLMC Convention only applies to States Contracting to the convention. A list of said States may be found at
https://imo.amsa.gov.au/public/parties/ll-mc96protocol.html
THE BACKGROUND TO THE AMENDMENTS INCREASING THE 1996 LLMC LIMITS
The amendment was particularly promoted by Australia which submitted a consideration document outlining their concern that in the number of incidents where an oil spill has exceeded the current limits (a relatively small number over the last 7 years) the exceeded amounts were significant. Australia pointed out 2 incidents affecting their shores where the cost from bunker spills exceeded 1996 LLMC limits substantially. Where limits are exceeded either claimants receive less than full compensation or the relevant Government of the affected coastal state bears the burden. Australia is firmly of the opinion that the “polluter pays” principle should prevail.
Australia also commissioned an analysis from the international accounting firm KPMDG to review the change in monetary value to assess the real contemporary value of the LLMC 1996 limits. KPMG found that if no increase is agreed then, by 2015, the value of the LLMC limits will be approximately half the value they represented in 1996.
The International Group of P and I Clubs also submitted a consideration document which confirmed the relatively low incidence of claims exceed the 1996 LLMC limits and provided supporting detail to said incidents. In an earlier session (the Committee’s 96th session) the representative of the P and I Clubs stated that “….whilst it was not possible to quantify the effect on the cost of insurance it was almost inevitable that there would be an increase if the limits were increased, to reflect the higher cost of claims paid by the Clubs”
THE NEW LIMITS
Under the new amendments to the 1996 Protocol, the limits are raised by over 50% as follows:
The limit of liability for claims for loss of life or personal injury on ships not exceeding 2,000 gross tonnage is 3.02 million SDR (up from 2 million SDR).
For larger ships, the following additional amounts are used in calculating the limitation amount:
For each ton from 2,001 to 30,000 tons, 1,208 SDR (up from 800 SDR).
For each ton from 30,001 to 70,000 tons, 906 SDR (up from 600 SDR).
For each ton in excess of 70,000, 604 SDR (up from 400 SDR).
The limit of liability for property claims for ships not exceeding 2,000 gross tonnage is 1.51 million SDR (up from 1 million SDR).
For larger ships, the following additional amounts are used in calculating the limitation amount:
For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR).
For each ton from 30,001 to 70,000 tons, 453 SDR (up from 300 SDR).
For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).
SPECIAL DRAWING RIGHTS
The daily conversion rates for Special Drawing Rights (SDRs) can be found on the International Monetary Fund IMF website: http://www.imf.org/
This Newsletter, and our information archive, can also be accessed at www.plferrari.com
P. L. Ferrari & CO. S.r.l