CONVENTION
RELATING TO REGISTRATION OF RIGHTS IN RESPECT OF VESSELS UNDER CONSTRUCTION
(Brussels,
27.V.1967)
The
Contracting Parties,
Having
recognized the desirability of determining by agreement certain rules relating
to registration of rights in respect of ships under construction.
Have
decided to conclude a convention for this purpose, and thereto agreed as
follows:
The
Contracting States undertake that their national law shall contain provisions
permitting the registration in accordance with the provisions of this
Convention, in an official public register established by or under the, control
of the Slate, of the rights set out in Article 5 in respect of vessels which
are to be or are being constructed within their territories.
The
registration of such rights may be restricted to vessels which under the
national law of the State of registration will be of a type and size making
them eligible, when completed, for registration as sea-going vessels.
The
Contracting States may restrict registration of such rights to cases where
vessels are to be or are being constructed for a foreign purchaser.
The
Contracting States shall allow registration of rights in respect of vessels
which are to be or are being constructed irrespective of the nationality or
domicile of the applicant. However, the foregoing shall not affect any
provision of the national law of the State of registration restricting the
acquisition of such rights by aliens or for controlling shipbuilding.
The
effects of registrations under the provisions of this Convention as regards the
national status of any vessel shall be determined by the law of the State where
the vessel is to be or is being constructed.
No
right in respect of a vessel which is to be or is being constructed within the
territory of a Contracting State shall be admissible for registration in any
other Contracting State.
Registration
of rights in respect of a vessel which is to be or is being constructed shall
be permitted when a contract for the building of a properly speciled vessel has
been executed or the builder declares that he has decided to build such a
vessel for his own account.
However,
the national law may make is a condition for registration that the keel has
been laid or equivalent constructional work has been performed in the place of
launching.
Titles
to and mortgages and "hypotheques" on a vessel which is to be or is
being constructed shall on application be entered in the register.
The
effects of the registration of the rights set out in Article 5 including the
ranking of mortgages and "hypotheques" between themselves shall be
determined by the law of the State where the vessel is to be or is being
constructed; however, without prejudice to the provisions of this Convention
all matters relating to the procedure of enforcement shall be regulated by the
law of the State where the enforcement takes place.
The
ranking between registered mortgages and "hypotheques" on vessels
under construction on the one hand and liens and rights of retention on such
vessels on the other hand shall be determined according to the rules applicable
to vessels registered after completion.
The
national law may provide that the registered rights on a vessel under
construction shall attach to materials, machinery and equipment which are
within the precincts of the builders yard and which by marking or other means
are distinctly identified as intended, to be incorporated in the vessel.
The
rights set out in Article 5 which are registered in one of the Contracting
States in accordance with the national law of such State, and the priority
thereby obtained, shall be recognized in all other Contracting States.
No
contracting State shall permit except in the case of forced sale, the
deregistration of the rights set out in Article 5 without the written consent
of the holders of such rights.
A
vessel which is being or has been constructed in a Contracting State shall not
be eligible for registration in another Contracting State unless a certificate
has been issued by the former State to the effect that the rights registered
pursuant to Article 1 have been deregistered or that such rights will be
deregistered on the day when the vessel is registered.
Any
dispute between two more contracting Parties concerning the interpretation or
application of this Convention which cannot be settled through negotiation,
shall, at the request of one of them, be submitted to arbitration. If within
six months from the date of the request for arbitration the Parties are unable
to agree on the organization of the arbitration of those Parties may refer the
dispute to the International Court of Justice by request in conformity with the
Statute of the Court.
1.
Each contracting Party may at the time of signature or ratification of this
Convention of accession thereto, declare that it does not consider itself bound
by Article 11 of the Convention. The other contracting Parties shall not be
bound by this Article with respect to any contracting Party having made such a
reservation.
2.
Any contracting Party having made a reservation in accordance with paragraph 1
may at any time withdraw this reservation by notification to the Belgian Government.
This
Convention shall be open for signature by the States represented at the twelfth
session of the Diplomatic Conference on Maritime Law.
This
Convention shall be ratified and the instruments of ratification shall be deposited
with the Belgian Government.
1.
This Convention shall come into force three months after the date of the
deposit of the fifth instrument of ratification.
2.
This Convention shall come into force in respect of each signatory State which ratifies
it after the deposit of the fifth instrument of ratification, three months
after the date of the deposit of the instrument of ratification.
1.
States, Members of the United Nations or Members of the specialized agencies,
not represented at the twelfth session of the Diplomatic Conference on Maritime
Law, may accede to this Convention.
2.
The instruments of accession shall be deposited with the Belgian Government.
3.
The Convention shall come into force in respect of the acceding State three
months after the date of deposit of the instrument of accession of that State,
but not before the date of entry into force of the Convention as established by
Article 15 (1).