UNITED NATIONS CONVENTION ON THE LIABILITY OF OPERATORS OF TRANS-PORT TERMINALS IN INTERNATIONAL TRADE, 1991 PREAMBLE
UNITED NATIONS CONVENTION ON THE LIABILITY OF OPERATORS OF TRANS-PORT TERMINALS IN INTERNATIONAL TRADE, 1991 PREAMBLE
Whole document
THE CONTRACTING STATES:
REAFFIRMING THEIR CONVICTION that the progressive harmonization and
unification of international trade law, in reducing or removing legal
obstacles to the flow of international trade, especially those affecting
the developing countries, would significantly contribute to universal
economic co-operation among all States on a basis of equality, equity and
common interest and to the elimination of discrimination in international
trade and, thereby, to the well-being of all peoples;
CONSIDERING the problems created by the uncertainties as to the legal
regime applicable with regard to goods in international carriage when the
goods are not in the charge of carriers nor in the charge of cargo-owning
interests but while they are in the charge of operators of transport
terminals in international trade;
INTENDING to facilitate the movement of goods by establishing uniform
rules concerning liability for loss of, damage to or delay in handing over
such goods while they are in the charge of operators of transport
terminals and are not covered by the laws of carriage arising out of
conventions applicable to the various modes of transport,
HAVE AGREED as follows:
Article 1 Definitions
In this Convention:
(a) "Operator of a transport terminal" (hereinafter referred to as
"operator") means a person who, in the course of his business, undertakes
to take in charge goods involved in international carriage in order to
perform or to procure the performance of transport-related services with
respect to the goods in an area under his control or in respect of which
he has a right of access or use. However, a person is not considered an
operator whenever he is a carrier under applicable rules of law governing
carriage;
(b) Where goods are consolidated in a container, pallet or similar
article of transport or where they are packed, "goods" includes such
article of transport or packaging if it was not supplied by the operator;
(c) "International carriage" means any carriage in which the place of
departure and the place of destination are identified as being located in
two different States when the goods are taken in charge by the operator;
(d) "Transport-related services" includes such services as storage,
warehousing, loading, unloading, stowage, trimming, dunnaging and
lashing;
(e) "Notice" means a notice given in a form which provides a record of
the information contained therein;
(f) "Request" means a request made in a form which provides a record
of the information contained therein.
Article 2 Scope of application
(1) This Convention applies to transport-related services performed in
relation to goods which are involved in international carriage:
(a) When the transport-related services are performed by an
operator whose place of business is located in a State Party, or
(b) When the transport-related services are performed in a State
Party, or
(c) When, according to the rules of private international law, the
transport-related services are governed by the law of a State Party.
(2) If the operator has more than one place of business, the place of
business is that which has the closest relationship to the
transport-related services as a whole.
(3) If the operator does not have a place of business, reference is to
be made to the operator's habitual residence.
Article 3 Period of responsibility
The operator is responsible for the goods from the time he has taken
them in charge until the time he has handed them over to or has placed
them at the disposal of the person entitled to take delivery of them.
Article 4 Issuance of document
(1) The operator may, and at the customer's request shall, within a
reasonable period of time, at the option of the operator, either:
(a) Acknowledge his receipt of the goods by signing and dating a
document presented by the customer that identifies the goods, or
(b) Issue a signed document identifying the goods, acknowledging
his receipt of the goods and the date thereof, and stating their condition
and quantity in so far as they can be ascertained by reasonable means of
checking.
(2) If the operator does not act in accordance with either
subparagraph (a) or (b) of paragraph (1), he is presumed to have received
the goods in apparent good condition, unless he proves otherwise. No such
presumption applies when the services performed by the operator are
limited to the immediate transfer of the goods between means of transport.
(3) A document referred to in paragraph (1) may be issued in any form
which preserves a record of the information contained therein. When the
customer and the operator have agreed to communicate electronically, a
document referred to in paragraph (1) may be replaced by an equivalent
electronic data interchange message.
(4) The signature referred to in paragraph (1) means a handwritten
signature, its facsimile or an equivalent authentication effected by any
other means.
Article 5 Basis of liability
(1) The operator is liable for loss resulting from loss of or damage
to the goods, as well as from delay in handing over the goods, if the
occurrence which caused the loss, damage or delay took place during the
period of the operator's responsibility for the goods as defined in
Article 3, unless he proves that he, his servants or agents or other
persons of whose services the operator makes use for the performance of
the transport-related services took all measures that could reasonably be
required to avoid the occurrence and its consequences.
(2) Where a failure on the part of the operator, his servants or
agents or other persons of whose services the operator makes use for the
performance of the transport-related services to take the measures
referred to in paragraph (1) combines with another cause to produce loss,
damage or delay, the operator is liable only to the extent that the loss
resulting from such loss, damage or delay is attributable to that
failure, provided that the operator proves the amount of the loss not
attributable thereto.
(3) Delay in handing over the goods occurs when the operator fails to
hand them over to or place them at the disposal of a person entitled to
take delivery of them within the time expressly agreed upon or, in the
absence of such agreement, within a reasonable time after receiving a
request for the goods by such person.
(4) If the operator fails to hand over the goods to or place them at
the disposal of a person entitled to take delivery of them within a period
of 30 consecutive days after the date expressly agreed upon or, in the
absence of such agreement, within a period of 30 consecutive days after
receiving a request for the goods by such person, a person entitled to
make a claim for the loss of the goods may treat them as lost.
Article 6 Limits of liability
(1) (a) The liability of the operator for loss resulting from loss of
or damage to goods according to the provisions of Article 5 is limited to
an amount not exceeding 8.33 units of account per kilogram of gross weight
of the goods lost or damaged.
(b) However, if the goods are handed over to the operator
immediately after carriage by sea or by inland waterways, or if the goods
are handed over, or are to be handed over, by him for such carriage, the
liability of the operator for loss resulting from loss of or damage to
goods according to the provisions of Article 5 is limited to an amount not
exceeding 2.75 units of account per kilogram of gross weight of the goods
lost or damaged. For the purposes of this paragraph, carriage by sea or
by inland waterways includes pick-up and delivery within a port.
(c) When the loss of or damage to a part of the goods affects the
value of another part of the goods, the total weight of the lost or
damaged goods and of the goods whose value is affected shall be taken into
consideration in determining the limit of liability.
(2) The liability of the operator for delay in handing over the goods
according to the provisions of Article 5 is limited to an amount
equivalent to two and a half times the charges payable to the operator for
his services in respect of the goods delayed, but not exceeding the total
of such charges in respect of the consignment of which the goods were a
part.
(3) In no case shall the aggregate liability of the operator under
both paragraphs (1) and (2) exceed the limitation which would be
established under paragraph (1) for total loss of the goods in respect of
which such liability was incurred.
(4) The operator may agree to limits of liability exceeding those
provided for in paragraphs (1), (2) and (3).
Article 7 Application to non-contractual claims
(1) The defences and limits of liability provided for in this
Convention apply in any action against the operator in respect of loss of
or damage to the goods, as well as delay in handing over the goods,
whether the action is founded in contract, in tort or otherwise.
(2) If such an action is brought against a servant or agent of the
operator, or against another person of whose services the operator makes
use for the performance of the transport-related services, such servant,
agent or person, if he proves that he acted within the scope of his
employment or engagement by the operator, is entitled to avail himself of
the defences and limits of liability which the operator is entitled to
invoke under this Convention.
(3) Except as provided in Article 8, the aggregate of the amounts
recoverable from the operator and from any servant, agent or person
referred to in the preceding paragraph shall not exceed the limits of
liability provided for in this Convention.
Article 8 Loss of right to limit liability
(1) The operator is not entitled to the benefit of the limitation of
liability provided for in Article 6 if it is proved that the loss, damage
or delay resulted from an act or omission of the operator himself or his
servants or agents done with the intent to cause such loss, damage or
delay, or recklessly and with knowledge that such loss, damage or delay
would probably result.
(2) Notwithstanding the provision of paragraph (2) of Article 7, a
servant or agent of the operator or another person of whose services the
operator makes use for the performance of the transport-related services
is not entitled to the benefit of the limitation of liability provided for
in Article 6 if it is proved that the loss, damage or delay resulted from
an act or omission of such servant, agent or person done with the intent
to cause such loss, damage or delay, or recklessly and with knowledge that
such loss, damage or delay would probably result.
Article 9 Special rules on dangerous goods
If dangerous goods are handed over to the operator without being
marked, labelled, packaged or documented in accordance with any law or
regulation relating to dangerous goods applicable in the country where the
goods are handed over and if, at the time the goods are taken in charge by
him, the operator does not otherwise know of their dangerous character, he
is entitled:
(a) To take all precautions the circumstances may require, including,
when the goods pose an imminent danger to any person or property,
destroying the goods, rendering them innocuous, or disposing of them by
any other lawful means, without payment of compensation for damage to or
destruction of the goods resulting from such precautions, and
(b) To receive reimbursement for all costs incurred by him in taking
the measures referred to in subparagraph (a) from the person who failed to
meet any obligation under such applicable law or regulation to inform him
of the dangerous character of the goods.
Article 10 Rights of security in goods
(1) The operator has a right of retention over the goods for costs and
claims which are due in connection with the transport-related services
performed by him in respect of the goods both during the period of his
responsibility for them and thereafter. However, nothing in this
Convention affects the validity under the applicable law of any
contractual arrangements extending the operator's security in the goods.
(2) The operator is not entitled to retain the goods if a sufficient
guarantee for the sum claimed is provided or if an equivalent sum is
deposited with a mutually accepted third party or with an official
institution in the State where the operator has his place of business.
(3) In order to obtain the amount necessary to satisfy his claim, the
operator is entitled, to the extent permitted by the law of the State
where the goods are located, to sell all or part of the goods over which
he has exercised the right of retention provided for in this Article. This
right to sell does not apply to containers, pallets or similar articles of
transport or packaging which are owned by a party other than the carrier
or the shipper and which are clearly marked as regards ownership except in
respect of claims by the operator for the cost of repairs of or
improvements to the containers, pallets or similar articles of transport
or packaging.
(4) Before exercising any right to sell the goods, the operator shall
make reasonable efforts to give notice of the intended sale to the owner
of the goods, the person from whom the operator received them and the
person entitled to take delivery of them from the operator. The operator
shall account appropriately for the balance of the proceeds of the sale in
excess of the sums due to the operator plus the reasonable costs of the
sale. The right of sale shall in all other respects be exercised in
accordance with the law of the State where the goods are located.
Article 11 Notice of loss, damage or delay
(1) Unless notice of loss or damage, specifying the general nature of
the loss or damage, is given to the operator not later than the third
working day after the day when the goods were handed over by the operator
to the person entitled to take delivery of them, the handing over is prima
facie evidence of the handing over by the operator of the goods as
described in the document issued by the operator pursuant to paragraph (1)
(b) of Article 4 or, if no such document was issued, in good condition.
(2) Where the loss or damage is not apparent, the provisions of
paragraph (1) apply correspondingly if notice is not given to the operator
within 15 consecutive days after the day when the goods reached the final
recipient, but in no case later than 60 consecutive days after the day
when the goods were handed over to the person entitled to take delivery of
them.
(3) If the operator participated in a survey or inspection of the
goods at the time when they were handed over to the person entitled to
take delivery of them, notice need not be given to the operator of loss or
damage ascertained during that survey or inspection.
(4) In the case of any actual or apprehended loss of or damage to the
goods, the operator, the carrier and the person entitled to take delivery
of the goods shall give all reasonable facilities to each other for
inspecting and tallying the goods.
(5) No compensation is payable for loss resulting from delay in
handing over the goods unless notice has been given to the operator within
21 consecutive days after the day when the goods were handed over to the
person entitled to take delivery of them.
Article 12 Limitation of actions
(1) Any action under this Convention is time-barred if judicial or
arbitral proceedings have not been instituted within a period of two
years.
(2) The limitation period commences:
(a) On the day the operator hands over the goods or part thereof
to, or places them at the disposal of, a person entitled to take delivery
of them, or
(b) In cases of total loss of the goods, on the day the person
entitled to make a claim receives notice from the operator that the goods
are lost, or on the day that person may treat the goods as lost in
accordance with paragraph (4) of Article 5, whichever is earlier.
(3) The day on which the limitation period commences is not included
in the period.
(4) The operator may at any time during the running of the limitation
period extend the period by a notice to the claimant. The period may be
further extended by another notice or notices.
(5) A recourse action by a carrier or another person against the
operator may be instituted even after the expiration of the limitation
period provided for in the preceding paragraphs if it is instituted within
90 days after the carrier or other person has been held liable in an
action against himself or has settled the claim upon which such action was
based and if, within a reasonable period of time after the filing of a
claim against a carrier or other person that may result in a recourse
action against the operator, notice of the filing of such a claim has been
given to the operator.
Article 13 Contractual stipulations
(1) Unless otherwise provided in this Convention, any stipulation in a
contract concluded by an operator or in any document signed or issued by
the operator pursuant to Article 4 is null and void to the extent that it
derogates, directly or indirectly, from the provisions of this Convention.
The nullity of such a stipulation does not affect the validity of the
other provisions of the contract or document of which it forms a part.
(2) Notwithstanding the provisions of the preceding paragraph, the
operator may agree to increase his responsibilities and obligations under
this Convention.
Article 14 Interpretation of the Convention
In the interpretation of this Convention, regard is to be had to its
international character and to the need to promote uniformity in its
application.
Article 15 International transport conventions
This Convention does not modify any rights or duties which may arise
under an international convention relating to the international carriage
of goods which is binding on a State which is a party to this Convention
or under any law of such State giving effect to a convention relating to
the international carriage of goods.
Article 16 Unit of account
(1) The unit of account referred to in Article 6 is the Special
Drawing Right as defined by the International Monetary Fund. The amounts
mentioned in Article 6 are to be expressed in the national currency of a
State according to the value of such currency at the date of judgement or
the date agreed upon by the parties. The equivalence between the national
currency of a State Party which is a member of the International Monetary
Fund and the Special Drawing Right is to be calculated in accordance with
the method of valuation applied by the International Monetary Fund in
effect at the date in question for its operations and transactions. The
equivalence between the national currency of a State Party which is not a
member of the International Monetary Fund and the Special Drawing Right is
to be calculated in a manner determined by that State.
(2) The calculation mentioned in the last sentence of the preceding
paragraph is to be made in such a manner as to express in the national
currency of the State Party as far as possible the same real value for
amounts in Article 6 as is expressed there in units of account. States
Parties must communicate to the depositary the manner of calculation at
the time of signature or when depositing their instrument of ratification,
acceptance, approval or accession and whenever there is a change in the
manner of such calculation. FINAL CLAUSES
Article 17 Depositary
The Secretary-General of the United Nations is the depositary of this
Convention.
Article 18 Signature, ratification, acceptance, approval, acces-sion
(1) This Convention is open for signature at the concluding meeting of
the United Nations Conference on the Liability of Operators of Transport
Terminals in International Trade and will remain open for signature by all
States at the Headquarters of the United Nations, New York, until 30 April
1992.
(2) This Convention is subject to ratification, acceptance or approval
by the signatory States.
(3) This Convention is open to accession by all States which are not
signatory States as from the date it is open for signature.
(4) Instruments of ratification, acceptance, approval and accession
are to be deposited with the Secretary-General of the United Nations.
Article 19 Application to territorial units
(1) If a State has two or more territorial units in which different
systems of law are applicable in relation to the matters dealt with in
this Convention, it may, at the time of signature, ratification,
acceptance, approval or accession, declare that this Convention is to
extend to all its territorial units or only to one or more of them, and
may at any time substitute another declaration for its earlier
declaration.
(2) These declarations are to state expressly the territorial units to
which the Convention extends.
(3) If, by virtue of a declaration under this Article, this Convention
extends to one or more but not all of the territorial units of a State
Party, this Convention shall be applicable only if(a) The transport-related services are performed by an operator
whose place of business is located in a territorial unit to which the
Convention extends, or
(b) The transport-related services are performed in a territorial
unit to which the Convention extends, or
(c) According to the rules of private international law, the
transport-related services are governed by the law in force in a
territorial unit to which the Convention extends.
(4) If a State makes no declaration under paragraph (1) of this
Article, the Convention is to extend to all territorial units of that
State.
Article 20 Effect of declaration
(1) Declarations made under Article 19 at the time of signature are
subject to confirmation upon ratification, acceptance or approval.
(2) Declarations and confirmations of declarations are to be in
writing and to be formally notified to the depositary.
(3) A declaration takes effect simultaneously with the entry into
force of this Convention in respect of the State concerned. However, a
declaration of which the depositary receives formal notification after
such entry into force takes effect on the first day of the month following
the expiration of six months after the date of its receipt by the
depositary.
(4) Any State which makes a declaration under Article 19 may withdraw
it at any time by a formal notification in writing addressed to the
depositary. Such withdrawal takes effect on the first day of the month
following the expiration of six months after the date of the receipt of
the notification by the depositary.
Article 21 Reservations
No reservations may be made to this Convention.
Article 22 Entry into force
(1) This Convention enters into force on the first day of the month
following the expiration of one year from the date of deposit of the fifth
instrument of ratification, acceptance, approval or accession.
(2) For each State which becomes a Contracting State to this
Convention after the date of the deposit of the fifth instrument of
ratification, acceptance, approval or accession, this Convention enters
into force on the first day of the month following the expiration of one
year after the date of the deposit of the appropriate instrument on behalf
of that State.
(3) Each State Party shall apply the provisions of this Convention to
transport-related services with respect to goods taken in charge by the
operator on or after the date of the entry into force of this Convention
in respect of that State.
Article 23 Revision and amendment
(1) At the request of not less than one third of the States Parties to
this Convention, the depositary shall convene a conference of the
Contracting States for revising or amending it.
(2) Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to this Convention is
deemed to apply to the Convention as amended.
Article 24 Revision of limitation amounts
(1) At the request of at least one quarter of the States Parties, the
depositary shall convene a meeting of a Committee composed of a
representative from each Contracting State to consider increasing or
decreasing the amounts in Article 6.
(2) If this Convention enters into force more than five years after it
was opened for signature, the depositary shall convene a meeting of the
Committee within the first year after it enters into force.
(3) The meeting of the Committee shall take place on the occasion and
at the location of the next session of the United Nations Commission on
International Trade Law.
(4) In determining whether the limits should be amended, and if so, by
what amount, the following criteria, determined on an international basis,
and any other criteria considered to be relevant, shall be taken into
consideration:
(a) The amount by which the limits of liability in any
transport-related convention have been amended;
(b) The value of goods handled by operators;
(c) The cost of transport-related services;
(d) Insurance rates, including for cargo insurance, liability
insurance for operators and insurance covering job-related injuries to
workmen;
(e) The average level of damages awarded against operators for
loss of or damage to goods or delay in handing over goods; and
(f) The costs of electricity, fuel and other utilities.
(5) Amendments shall be adopted by the Committee by a two-thirds
majority of its members present and voting.
(6) No amendment of the limits of liability under this Article may be
considered less than five years from the date on which this Convention was
opened for signature.
(7) Any amendment adopted in accordance with paragraph (5) shall be
notified by the depositary to all Contracting States. The amendment is
deemed to have been accepted at the end of a period of 18 months after it
has been notified, unless within that period not less than one third of
the States that were States Parties at the time of the adoption of the
amendment by the Committee have communicated to the depositary that they
do not accept the amendment. An amendment deemed to have been accepted in
accordance with this paragraph enters into force for all States Parties 18
months after its acceptance.
(8) A State Party which has not accepted an amendment is nevertheless
bound by it, unless such State denounces the present Convention at least
one month before the amendment enters into force. Such denunciation takes
effect when the amendment enters into force.
(9) When an amendment has been adopted in accordance with paragraph
(5) but the 18month period for its acceptance has not yet expired, a State
which becomes a State Party to this Convention during that period is bound
by the amendment if it enters into force. A State which becomes a State
Party after that period is bound by any amendment which has been accepted
in accordance with paragraph (7).
(10) The applicable limit of liability is that which, in accordance
with the preceding paragraphs, is in effect on the date of the occurrence
which caused the loss, damage or delay.
Article 25 Denunciation
(1) A State Party may denounce this Convention at any time by means of
a notification in writing addressed to the depositary.
(2) Subject to paragraph (8) of Article 24, the denunciation takes
effect on the first day of the month following the expiration of one year
after the notification is received by the depositary. Where a longer
period is specified in the notification, the denunciation takes effect
upon the expiration of such longer period after the notification is
received by the depositary.
DONE AT VIENNA, this nineteenth day of April one thousand nine hundred
and ninety-one, in a single original, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly
authorized by their respective Governments, have signed the present
Convention.
he State where the goods are located.
Article 11 Notice of loss, damage or delay
(1) Unless notice of loss or damage, specifying the general nature of
the loss or damage, is given to the operator not later than the third
working day after the day when the goods were handed over by the operator
to the person entitled to take delivery of them, the handing over is prima
facie evidence of the handing over by the operator of the goods as
described in the document issued by the operator pursuant to paragraph (1)
(b) of Article 4 or, if no such document was issued, in good condition.
(2) Where the loss or damage is not apparent, the provisions of
paragraph (1) apply correspondingly if notice is not given to the operator
within 15 consecutive days after the day when the goods reached the final
recipient, but in no case later than 60 consecutive days after the day
when the goods were handed over to the person entitled to take delivery of
them.
(3) If the operator participated in a survey or inspection of the
goods at the time when they were handed over to the person entitled to
take delivery of them, notice need not be given to the operator of loss or
damage ascertained during that survey or inspection.
(4) In the case of any actual or apprehended loss of or damage to the
goods, the operator, the carrier and the person entitled to take delivery
of the goods shall give all reasonable facilities to each other for
inspecting and tallying the goods.
(5) No compensation is payable for loss resulting from delay in
handing over the goods unless notice has been given to the operator within
21 consecutive days after the day when the goods were handed over to the
person entitled to take delivery of them.
Article 12 Limitation of actions
(1) Any action under this Convention is time-barred if judicial or
arbitral proceedings have not been instituted within a period of two
years.
(2) The limitation period commences:
(a) On the day the operator hands over the goods or part thereof
to, or places them at the disposal of, a person entitled to take delivery
of them, or
(b) In cases of total loss of the goods, on the day the person
entitled to make a claim receives notice from the operator that the goods
are lost, or on the day that person may treat the goods as lost in
accordance with paragraph (4) of Article 5, whichever is earlier.
(3) The day on which the limitation period commences is not included
in the period.
(4) The operator may at any time during the running of the limitation
period extend the period by a notice to the claimant. The period may be
further extended by another notice or notices.
(5) A recourse action by a carrier or another person against the
operator may be instituted even after the expiration of the limitation
period provided for in the preceding paragraphs if it is instituted within
90 days after the carrier or other person has been held liable in an
action against himself or has settled the claim upon which such action was
based and if, within a reasonable period of time after the filing of a
claim against a carrier or other person that may result in a recourse
action against the operator, notice of the filing of such a claim has been
given to the operator.
Article 13 Contractual stipulations
(1) Unless otherwise provided in this Convention, any stipulation in a
contract concluded by an operator or in any document signed or issued by
the operator pursuant to Article 4 is null and void to the extent that it
derogates, directly or indirectly, from the provisions of this Convention.
The nullity of such a stipulation does not affect the validity of the
other provisions of the contract or document of which it forms a part.
(2) Notwithstanding the provisions of the preceding paragraph, the
operator may agree to increase his responsibilities and obligations under
this Convention.
Article 14 Interpretation of the Convention
In the interpretation of this Convention, regard is to be had to its
international character and to the need to promote uniformity in its
application.
Article 15 International transport conventions
This Convention does not modify any rights or duties which may arise
under an international convention relating to the international carriage
of goods which is binding on a State which is a party to this Convention
or under any law of such State giving effect to a convention relating to
the international carriage of goods.
Article 16 Unit of account
(1) The unit of account referred to in Article 6 is the Special
Drawing Right as defined by the International Monetary Fund. The amounts
mentioned in Article 6 are to be expressed in the national currency of a
State according to the value of such currency at the date of judgement or
the date agreed upon by the parties. The equivalence between the national
currency of a State Party which is a member of the International Monetary
Fund and the Special Drawing Right is to be calculated in accordance with
the method of valuation applied by the International Monetary Fund in
effect at the date in question for its operations and transactions. The
equivalence between the national currency of a State Party which is not a
member of the International Monetary Fund and the Special Drawing Right is
to be calculated in a manner determined by that State.
(2) The calculation mentioned in the last sentence of the preceding
paragraph is to be made in such a manner as to express in the national
currency of the State Party as far as possible the same real value for
amounts in Article 6 as is expressed there in units of account. States
Parties must communicate to the depositary the manner of calculation at
the time of signature or when depositing their instrument of ratification,
acceptance, approval or accession and whenever there is a change in the
manner of such calculation. FINAL CLAUSES
Article 17 Depositary
The Secretary-General of the United Nations is the depositary of this
Convention.
Article 18 Signature, ratification, acceptance, approval, acces-sion
(1) This Convention is open for signature at the concluding meeting of
the United Nations Conference on the Liability of Operators of Transport
Terminals in International Trade and will remain open for signature by all
States at the Headquarters of the United Nations, New York, until 30 April
1992.
(2) This Convention is subject to ratification, acceptance or approval
by the signatory States.
(3) This Convention is open to accession by all States which are not
signatory States as from the date it is open for signature.
(4) Instruments of ratification, acceptance, approval and accession
are to be deposited with the Secretary-General of the United Nations.
Article 19 Application to territorial units
(1) If a State has two or more territorial units in which different
systems of law are applicable in relation to the matters dealt with in
this Convention, it may, at the time of signature, ratification,
acceptance, approval or accession, declare that this Convention is to
extend to all its territorial units or only to one or more of them, and
may at any time substitute another declaration for its earlier
declaration.
(2) These declarations are to state expressly the territorial units to
which the Convention extends.
(3) If, by virtue of a declaration under this Article, this Convention
extends to one or more but not all of the territorial units of a State
Party, this Convention shall be applicable only if(a) The transport-related services are performed by an operator
whose place of business is located in a territorial unit to which the
Convention extends, or
(b) The transport-related services are performed in a territorial
unit to which the Convention extends, or
(c) According to the rules of private international law, the
transport-related services are governed by the law in force in a
territorial unit to which the Convention extends.
(4) If a State makes no declaration under paragraph (1) of this
Article, the Convention is to extend to all territorial units of that
State.
Article 20 Effect of declaration
(1) Declarations made under Article 19 at the time of signature are
subject to confirmation upon ratification, acceptance or approval.
(2) Declarations and confirmations of declarations are to be in
writing and to be formally notified to the depositary.
(3) A declaration takes effect simultaneously with the entry into
force of this Convention in respect of the State concerned. However, a
declaration of which the depositary receives formal notification after
such entry into force takes effect on the first day of the month following
the expiration of six months after the date of its receipt by the
depositary.
(4) Any State which makes a declaration under Article 19 may withdraw
it at any time by a formal notification in writing addressed to the
depositary. Such withdrawal takes effect on the first day of the month
following the expiration of six months after the date of the receipt of
the notification by the depositary.
Article 21 Reservations
No reservations may be made to this Convention.
Article 22 Entry into force
(1) This Convention enters into force on the first day of the month
following the expiration of one year from the date of deposit of the fifth
instrument of ratification, acceptance, approval or accession.
(2) For each State which becomes a Contracting State to this
Convention after the date of the deposit of the fifth instrument of
ratification, acceptance, approval or accession, this Convention enters
into force on the first day of the month following the expiration of one
year after the date of the deposit of the appropriate instrument on behalf
of that State.
(3) Each State Party shall apply the provisions of this Convention to
transport-related services with respect to goods taken in charge by the
operator on or after the date of the entry into force of this Convention
in respect of that State.
Article 23 Revision and amendment
(1) At the request of not less than one third of the States Parties to
this Convention, the depositary shall convene a conference of the
Contracting States for revising or amending it.
(2) Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to this Convention is
deemed to apply to the Convention as amended.
Article 24 Revision of limitation amounts
(1) At the request of at least one quarter of the States Parties, the
depositary shall convene a meeting of a Committee composed of a
representative from each Contracting State to consider increasing or
decreasing the amounts in Article 6.
(2) If this Convention enters into force more than five years after it
was opened for signature, the depositary shall convene a meeting of the
Committee within the first year after it enters into force.
(3) The meeting of the Committee shall take place on the occasion and
at the location of the next session of the United Nations Commission on
International Trade Law.
(4) In determining whether the limits should be amended, and if so, by
what amount, the following criteria, determined on an international basis,
and any other criteria considered to be relevant, shall be taken into
consideration:
(a) The amount by which the limits of liability in any
transport-related convention have been amended;
(b) The value of goods handled by operators;
(c) The cost of transport-related services;
(d) Insurance rates, including for cargo insurance, liability
insurance for operators and insurance covering job-related injuries to
workmen;
(e) The average level of damages awarded against operators for
loss of or damage to goods or delay in handing over goods; and
(f) The costs of electricity, fuel and other utilities.
(5) Amendments shall be adopted by the Committee by a two-thirds
majority of its members present and voting.
(6) No amendment of the limits of liability under this Article may be
considered less than five years from the date on which this Convention was
opened for signature.
(7) Any amendment adopted in accordance with paragraph (5) shall be
notified by the depositary to all Contracting States. The amendment is
deemed to have been accepted at the end of a period of 18 months after it
has been notified, unless within that period not less than one third of
the States that were States Parties at the time of the adoption of the
amendment by the Committee have communicated to the depositary that they
do not accept the amendment. An amendment deemed to have been accepted in
accordance with this paragraph enters into force for all States Parties 18
months after its acceptance.
(8) A State Party which has not accepted an amendment is nevertheless
bound by it, unless such State denounces the present Convention at least
one month before the amendment enters into force. Such denunciation takes
effect when the amendment enters into force.
(9) When an amendment has been adopted in accordance with paragraph
(5) but the 18month period for its acceptance has not yet expired, a State
which becomes a State Party to this Convention during that period is bound
by the amendment if it enters into force. A State which becomes a State
Party after that period is bound by any amendment which has been accepted
in accordance with paragraph (7).
(10) The applicable limit of liability is that which, in accordance
with the preceding paragraphs, is in effect on the date of the occurrence
which caused the loss, damage or delay.
Article 25 Denunciation
(1) A State Party may denounce this Convention at any time by means of
a notification in writing addressed to the depositary.
(2) Subject to paragraph (8) of Article 24, the denunciation takes
effect on the first day of the month following the expiration of one year
after the notification is received by the depositary. Where a longer
period is specified in the notification, the denunciation takes effect
upon the expiration of such longer period after the notification is
received by the depositary.
DONE AT VIENNA, this nineteenth day of April one thousand nine hundred
and ninety-one, in a single original, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly
authorized by their respective Governments, have signed the present
Convention.
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