INTERNATIONAL CONVENTION
FOR THE UNIFICATION OF CERTAIN RULES
RELATING TO MARITIME LIENS AND MORTGAGES
(Brussels,
27.V.1967)
The
Contracting Parties,
Having
recognized the desirability of determining by agreement certain rules relating
to maritime liens and mortgages,
Have
resolved to conclude a convention for this purpose, and thereto agreed as
follows:
Mortgages
and "hypotheques" on sea-going vessels shall be enforceable in
Contracting States provided that:
a) such mortgages and
"hypotheques" have been effected and registered in accordance with
the law of the State where the vessel is registered;
b) the register and any
instruments required to be deposited with the registrar in accordance with the
law of the State where the vessel is registered are open to public inspection,
and that extracts of the register and copies of such instruments are obtainable
from the registrar, and
c) either the register or
any instruments referred to in paragraph (b) above specifics the name and
address of the person in whose favour the mortgage or "hypotheque"
has been effected or that it has been issued to bearer, the amount secured and
the date and other particulars which, according to the law of the State of
registration, determine the rank as respects other registered mortgages and
"hypotheques".
The
ranking of registered mortgages and "hypotheques" as between
themselves and, without prejudice to the provisions of this Convention, their
effect in regard to third parties shall be determined by the law of the State
of registration; 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 enforcement takes place.
1.
Subject to the provisions of Article 11, no Contracting State shall permit the
deregistration of a vessel without the written consent of all holders of
registered mortgages and "hypotheques".
2.
A vessel which is or has been registered in a Contracting State shall not be
eligible for registration in another Contracting State, unless:
a) a certificate has been
issued by the former State to the effect that the vessel has been deregistered,
or
b) a certificate has been
issued by the former State to the effect that the vessel will be deregistered
on the day when such new registration is effected.
1.
The following claims shall be secured by maritime liens on the vessel:
i) wages and other sums due
to the master, officers and other members of the vessel's complement in respect
of their employment on the vessel;
ii) port, canal, and other
waterway dues and pilotage dues;
iii) claims against the
owner in respect of loss of life or personal injury occurring, whether on land
or on water, in direct connection with the operation of the vessel;
iv) claims against the
owner, based on tort and not capable of being based on contract, in respect of
loss of or damage to property occurring, whether on land or on water, in direct
connection with the operation of the vessel;
v) claims for salvage, wreck
removal and contribution in general average.
The
word "owner" mentioned in this paragraph shall be deemed to include
the demise or other charterer, manager or operator of the vessel.
2.
No maritime lien shall attach to the vessel securing claims as set out in
paragraph 1 (iii) and (iv) of this Article which arise out of or result from
the radioactive properties or a combination of radioactive properties with
toxic, explosive or other hazardous properties of nuclear fuel or of
radioactive product or waste.
1.
The maritime liens set out in Article 4 shall take priority over registered
mortgages and "hypotheques", and no other claim shall take priority
over such maritime liens or over mortgages and "hypotheques" which
comply with the requirements of Article 1, except as provided in Article 6 (2).
2.
The maritime liens set out in Article 4 shall rank in the order listed,
provided however that maritime liens securing clams for salvage, wreck removal
and contribution in general average shall take priority over all other maritime
liens which have attached to the vessel prior to the time when the operations
giving rise co the said liens were performed.
3.
The maritime liens set out in each of sub-paragraphs (i), (ii), (iii) and (iv)
of paragraph (1) of Article 4 shall rank pari passu as between themselves.
4.
The maritime liens set out in sub-paragraph (v) of paragraph (1) of Article 4
shall rank in the inverse order of the time when the claims secured thereby
accrued. Claims for contribution in general average shall be deemed to have
accrued on the date on which the general average act was performed; claims for
salvage shall be deemed to have accrued on the date on which the salvage
operation was terminated.
1.
Each Contracting State may grant liens or rights of retention to secure claims
other than those referred to in Article 4. Such liens shall rank after all
maritime liens set out in Article 4 and after all registered mortgages and
"hypotheques" which comply with the provisions of Article 1; and such
rights of retention shall not prejudice the enforcement of maritime liens set
out in Article 4 or registered mortgages or "hypotheques" which
comply with the provisions of Article 1, nor the delivery of the vessel to the
purchaser in connection with such enforcement.
2.
In the event that a lien or right of retention is granted in respect of a
vessel in possession of
a) a shipbuilder, to secure
claims for the building of the vessel, or
b) a ship repairer, to
secure claims for repair of the vessel effected during such possession, such
lien or right of retention shall be postponed to all maritime liens set out in
Article 4, but may be preferred to registered mortgages or
"hypotheque". Such lien or right of retention may be exercisable
against the vessel notwithstanding any registered mortgage or
"hypotheques" on the vessel, but shall be extinguished when the
vessel ceases to be in the possession of the shipbuilder or ship repairer, as
the case may be.
1.
The maritime liens set out in Article 4 arise whether the claims secured by
such liens are against the owner of against the demise or other charterer,
manager or operator of the vessel.
2.
Subject to the provisions of Article 11, the maritime liens securing the claims
set out in Article 4 follow the vessel notwithstanding any change of ownership
or of registration.
1.
The maritime liens set out in Article 4 shall be extinguished after a period of
one year from the time when the claims secured thereby arose unless, prior to
the expiry of such period, the vessel has been arrested, such arrest leading to
a forced sale.
2.
The one year period referred to in the preceding paragraph shall rot be subject
to suspension or interruption, provided however that time shall run during the
period that the lienor is legally prevented from arresting the vessel.
The
assignment of or subrogation to a claim secured by a maritime lien set out in
Article 4 entails the simultaneous assignment of or subrogation to such
maritime lien.
Prior
to the forced sale of a vessel in a Contracting State, the competent authority
of such State shall give, or cause to be given at least thirty days written
notice of the time and place of such sale to:
a) all holders of registered
mortgages and "hypotheques" which have not been issued to bearer;
b) such holders of
registered mortgages and "hypotheques" issued to bearer and to such
holders of maritime liens set out in Article 4 whose claims have been notified
to the said authority;
c) the registrar of the
register in which the vessel is registered.
1.
In the event of the forced sale of the vessel in a Contracting State all
mortgages and "hypotheques", except those assumed by the purchaser with
the consent of the holders, and all liens and other encumbrances of whatsoever
nature shall cease to attach to the vessel, provided however that:
a) at the time of the sale,
the vessel is in the jurisdiction of such Contracting State, and
b) the sale has been
effected in accordance with the law of the said State and the provisions of
this Convention.
No
charter party or contract for the use of the vessel shall be deemed a lien or
encumbrance for the purpose of this Article.
2.
The cost awarded by the Court and arising out of the arrest and subsequent sale
of the vessel and the distribution of the proceeds shall first be paid out of
the proceeds of such sale. The balance shall be distributed among the holders
of maritime liens, liens and rights of retention mentioned in paragraph 2 of
Article 6 and registered mortgages and "hypotheques" in accordance
with the previsions of this Convention to the extent necessary to satisfy their
claims.
3.
When a vessel registered in a Contracting State has been the object of a forced
sale in a Contracting State, the Court or other competent authority having
jurisdiction shall, at the request of the purchaser, issue a certificate to the
effect that the vessel is sold free of all mortgages and
"hypotheques", except those assumed by the purchaser, and all liens
and other encumbrances, provided that the requirements set out in paragraph 1,
sub-paragraph (a) and (b) have been complied with, and that the proceeds of
such forced sale have been distributed in compliance with paragraph 2 of this
Article or have been deposited with the authority that is competent under the
law of the place of the sale. Upon production of such certificate the registrar
shall be bound to delete all registered mortgages and "hypotheques",
except those assumed by the purchaser, and to register the vessel in the name
of the purchaser or to issue a certificate of deregistration for the purpose of
reregistration, as the case may be.
1.
Unless otherwise provided in this Convention, its provisions shall apply to all
sea-going vessels registered in a Contracting State or in a non Contracting
State.
2.
Nothing in this Convention shall require any rights to be conferred in or
against, or enable any rights to be enforced against any vessel owned, operated
or chartered by a State and appropriated to public non-commercial services.
For
the purposes of Articles 3, 10 and 11 of this Convention, the competent
authorities of the Contracting States shall be authorized to correspond
directly between themselves.
Any
Contracting Party may at the time of signing, ratifying or acceding to this
Convention make the following reservations:
1.
to give effect to this Convention either by giving it the force of law or by
including the provisions of this Convention in its national legislation in a
form appropriate to that legislation;
2.
to apply the International Convention relating to the limitation of the
liability of owners of sea-going ships signed at Brussels on the 10th October
1957.
Any
dispute between two or 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, any one 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 or accession thereto, declare that it does not consider itself bound
by Article 15 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