1996 Protocol to the 1976 Convention on Limitation of Liability for Maritime Claims
12 March 2004 No.03-021
The 1996 Protocol to the 1976 Convention on Limitation of Liability for Maritime Claims (96LLMC) will enter into force on 13 May 2004. This is because the tenth state, 'Malta', has acceded to the 96LLMC. Malta's accession on 13 February 2004 triggered the entry into force of the protocol 90 days after that date.
Countries in which the 96 LLMC will enter into force on 13th May 2004 are Australia, Denmark, Finland, Germany, Malta, Norway, the Russian Federation, Sierra Leone, Tonga and the United Kingdom.
The purpose of this protocol is to substantially increase the amount of compensation payable (by about 200% to 240%) and to introduce a "tacit acceptance" procedure for the purpose of quickly giving effect to any subsequent amendments to the protocol. This means that the amount of limitation of liability under the 96LLMC can be amended as necessary and an amendment can be adopted by the Legal Committee of the International Maritime Organization (IMO) without the contracting states having to ratify, accept, approve or accede to the change. Under the 76LLMC, similar amendments can only be made in limited cases.
The current amounts of limitation of liability under the Conventions are as follows;-
Note: Where the amount calculated in 1) is insufficient to pay the claims in 1) in full, the amount calculated in 2) shall be available for payment of the unpaid balance of claims under 1) and such unpaid balance shall rank rateably with claims under 2).
(FYI:1SDR=JPY 162.13=USD 1.47 as of 11 March 2004)
The "Bunker Convention", the "HNS Convention" and the "Athens Protocol 2002" are in the process of being adopted and coming into force. These will impose a heavier burden on shipowners than ever before, so would you please pay special attention to any developments on the entry into force of these conventions and protocols.
Encls : The amount of limitation of liability under 96LLMC and 76LLMC
Countries in which the 96 LLMC will enter into force on 13th May 2004 are Australia, Denmark, Finland, Germany, Malta, Norway, the Russian Federation, Sierra Leone, Tonga and the United Kingdom.
The purpose of this protocol is to substantially increase the amount of compensation payable (by about 200% to 240%) and to introduce a "tacit acceptance" procedure for the purpose of quickly giving effect to any subsequent amendments to the protocol. This means that the amount of limitation of liability under the 96LLMC can be amended as necessary and an amendment can be adopted by the Legal Committee of the International Maritime Organization (IMO) without the contracting states having to ratify, accept, approve or accede to the change. Under the 76LLMC, similar amendments can only be made in limited cases.
The current amounts of limitation of liability under the Conventions are as follows;-
96LLMC | 76LLMC | ||
1) Liability for claims for loss of life or personal injury | 1) Liability for claims for loss of life or personal injury | ||
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2 million SDR | 333,000 SDR | ||
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800 SDR | 500 SDR | ||
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600 SDR | 333 SDR | ||
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400 SDR | 250 SDR | ||
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167 SDR | |||
2) Liability for claims other than 1) and 3) | 2) Liability for claims other than 1) and 3) | ||
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1 million SDR | 167,000 SDR | ||
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400 SDR | 167 SDR | ||
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300 SDR | 125 SDR | ||
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200 SDR | 83 SDR | ||
3) Liability for loss of life or personal injury to passengers | 3) Liability for loss of life or personal injury to passengers | ||
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Note: Where the amount calculated in 1) is insufficient to pay the claims in 1) in full, the amount calculated in 2) shall be available for payment of the unpaid balance of claims under 1) and such unpaid balance shall rank rateably with claims under 2).
(FYI:1SDR=JPY 162.13=USD 1.47 as of 11 March 2004)
The "Bunker Convention", the "HNS Convention" and the "Athens Protocol 2002" are in the process of being adopted and coming into force. These will impose a heavier burden on shipowners than ever before, so would you please pay special attention to any developments on the entry into force of these conventions and protocols.
Encls : The amount of limitation of liability under 96LLMC and 76LLMC