Document ID: chunk:federal_register_of_legislation:C2024C00459:schedule:2:p3
Version: federal_register_of_legislation:C2024C00459
Segment Type: schedule
Provision Reference: sch 2 (pt 3/12)
Character Range: 70982–73722

performs services for the ship;
     (c) any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship;
     (d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority;
   (e) any person taking preventive measures;
     (f) all servants or agents of persons mentioned in subparagraphs (c), (d) and (e);

   unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 5
   Article IV of the 1969 Liability Convention is replaced by the following text:

   When an incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under Article III, shall be jointly and severally liable for all such damage which is not reasonably separable.

Article 6
Article V of the 1969 Liability Convention is amended as follows:

1. Paragraph 1 is replaced by the following text:

   1. The owner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to an aggregate amount calculated as follows:
     (a) 3 million units of account for a ship not exceeding 5,000 units of tonnage;
     (b) for a ship with a tonnage in excess thereof, for each additional unit of tonnage, 420 units of account in addition to the amount mentioned in subparagraph (a);
   provided, however, that this aggregate amount shall not in any event exceed 59.7 million units of account.

2. Paragraph 2 is replaced by the following text:

   2. The owner shall not be entitled to limit his liability under this Convention if it is proved that the pollution damage resulted from his personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

3. Paragraph 3 is replaced by the following text:

   3. For the purpose of availing himself of the benefit of limitation provided for in paragraph 1 of this Article the owner shall constitute a fund for the total sum representing the limit of his liability with the Court or other competent authority of any one of the Contracting States in which action is brought under Article IX or, if no action is brought, with any Court or other competent authority in any one of the Contracting States in which an action can be brought under Article IX. The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the legislation of the Contracting State where the fund is constituted, and considered to be adequate by