Document ID: chunk:federal_register_of_legislation:C2024C00459:schedule:2:p6
Version: federal_register_of_legislation:C2024C00459
Segment Type: schedule
Provision Reference: sch 2 (pt 6/12)
Character Range: 78381–81149

by the words "with the issuing or certifying State".

5. The second sentence of paragraph 8 is replaced by the following text:

   In such case the defendant may, even if the owner is not entitled to limit his liability according to Article V, paragraph 2, avail himself of the limits of liability prescribed in Article V, paragraph 1.

Article 8
   Article IX of the 1969 Liability Convention is amended as follows:
   Paragraph 1 is replaced by the following text:

   1. Where an incident has caused pollution damage in the territory, including the territorial sea or an area referred to in Article II, of one or more Contracting States or preventive measures have been taken to prevent or minimize pollution damage in such territory including the territorial sea or area, actions for compensation may only be brought in the Courts of any such Contracting State or States. Reasonable notice of any such action shall be given to the defendant.

Article 9
After Article XII of the 1969 Liability Convention two new Articles are inserted as follows:

Article XII bis
Transitional provisions
The following transitional provisions shall apply in the case of a State which at the time of an incident is a Party both to this Convention and to the 1969 Liability Convention:
     (a) where an incident has caused pollution damage within the scope of this Convention, liability under this Convention shall be deemed to be discharged if, and to the extent that, it also arises under the 1969 Liability Convention;
     (b) where an incident has caused pollution damage within the scope of this Convention, and the State is a Party both to this Convention and to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, liability remaining to be discharged after the application of subparagraph (a) of this Article shall arise under this Convention only to the extent that pollution damage remains uncompensated after application of the said 1971 Convention;
     (c) in the application of Article III, paragraph 4, of this Convention the expression "this Compensation" shall be interpreted as referring to this Convention or the 1969 Liability Convention, as appropriate;
     (d) in the application of Article V, paragraph 3, of this Convention the total sum of the fund to be constituted shall be reduced by the amount by which liability has been deemed to be discharged in accordance with subparagraph (a) of this Article.

Article XII ter
Final clauses
The final clauses of this Convention shall be Articles 12 to 18 of the Protocol of 1992 to amend the 1969 Liability Convention. References in this Convention to Contracting States shall be taken to mean references to the Contracting States of that