OMI - IMO444Fe - Limitation de la responsabilité en matières de créances maritimes 2016

Ouvrage en langue française.

Cet ouvrage existe en version papier et en version numérique dans un format vérouillé à lire avec la liseuse de l'OMI (gratuite).

This publication presents the : - Convention on Limitation of l'ability for Maritime Claims, 1976 (LLMC 1976) - LLMC protocol 1996 as amended by resolution LEG.5(99) - Consolidated text of substantive provisions of LLMC 1976 as amended by the LLMC protocol 1996 and including its amended limits of l'ability.

Amendments to increase the limits of l'ability in the 1996 protocol to amend the Convention on Limitation of l'ability for Maritime Claims, 1976 (LLMC protocol 1996) entered into force on 8 June 2015, raising the amount claimable for loss of life or personal injury on ships (not exceeding 2,000 gross tonnage) to 3.02 million s'ecial d'awing Rights (SDR), up from 2 million SDR (additional'amounts are claimable on larger ships).

The 1976 LLMC Convention sets s'ecified limits of l'ability for certain types of claims against shipowners:

• Claims for loss of life or personal injury;
• and other claims, such as property claims (including d'mage to other ships, property or harbour works), d'lay, bunker s'ills, wreck removal, pollution d'mage, etc.

The Convention also allows for shipowners and salvors to limit their l'ability except if 'it is proved that the loss resulted from his personal'act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result'.

In the aftermath of the incident with the pacific Adventurer, which occurred in the waters of southern Queensland in March 2009, it appeared that the limits of l'ability, as calculated under LLMC protocol 96 for a bunker fuel oil s'ill, fell significantly short of the cost of responding to the incident.

Taking into account the experience of historic claims, as well'as the impact of inflation rates, a proposal to increase the limits in the LLMC protocol 1996 was submitted to IMO by 20 States parties. Subsequantly, IMO's Legal Committee adopted resolution LEG.5(99) containing revised limits, when it met for its 99th session.

The LLMC protocol has 52 Contracting States, which between them represent 58.40% of the world merchant shipping tonnage (as at 12 May 2016).