Document ID: chunk:federal_register_of_legislation:C2010C00802:schedule:8:p2
Version: federal_register_of_legislation:C2010C00802
Segment Type: schedule
Provision Reference: sch 8 (pt 2/13)
Character Range: 241603–244399

other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken;
     (b) the costs of preventive measures and further loss or damage caused by preventive measures.
4. Paragraph 8 is replaced by the following text:
   8. "Incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage.
5. Paragraph 9 is replaced by the following text:
   9. "Organization" means the International Maritime Organization.
6. After paragraph 9 a new paragraph is inserted reading as follows:
   10. "1969 Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1969. For States Parties to the Protocol of 1976 to that Convention, the term shall be deemed to include the 1969 Liability Convention as amended by that Protocol.

Article 3
   Article II of the 1969 Liability Convention is replaced by the following text:
   This Convention shall apply exclusively:
     (a) to pollution damage caused:
         (i) in the territory, including the territorial sea, of a Contracting State, and
         (ii) in the exclusive economic zone of a Contracting State, established in accordance with international law, or, if a Contracting State has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baseline from which the breadth of its territorial sea is measured;
     (b) to preventive measures, wherever taken, to prevent or minimize such damage.

Article 4
Article III of the 1969 Liability Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
   1. Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or, where the incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident.
2. Paragraph 4 is replaced by the following text:
   4. No claim for compensation for pollution damage may be made against the owner otherwise than in accordance with this Convention. Subject to paragraph 5 of this Article, no claim for compensation for pollution damage under this Convention or otherwise may be made against:
   (a) the servants or agents of the owner or the members of the crew;
     (b) the pilot or any other person who, without being a member of the crew, performs services for the ship;
     (c) any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship;
     (d)