We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

II.5.260 (CRTD, 1989) CONVENTION ON CIVIL LIABILITY FOR DAMAGE CAUSED DURING CARRIAGE OF DANGEROUS GOODS BY ROAD, RAIL AND INLAND NAVIGATION VESSELS, 1989(*)

The Ratification of Maritime Conventions

Chapter I.5.260

(CRTD, 1989) CONVENTION ON CIVIL LIABILITY FOR DAMAGE CAUSED DURING CARRIAGE OF DANGEROUS GOODS BY ROAD, RAIL AND INLAND NAVIGATION VESSELS, 1989

ADOPTED: Done at Geneva, on 10 October 1989
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: Secretary-General, United Nations
SECRETARY: Secretary-General, United Nations

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

Article XXII

1. This Convention is open for signature by all States at Geneva from 1 February 1990 until 31 December 1990 inclusive.

2. This Convention is subject to ratification, acceptance or approval by States which have signed it.

3. This Convention is open for accession by all States which are not signatory States as from 1 January 1991.

4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the depositary.

ENTRY INTO FORCE

Article XXIII

1. This Convention enters into force on the first day of the month following the expiration of twelve months after the date of deposit of the fifth instrument of ratification, acceptance, approval or accession.

2. For each State that ratifies, accepts approves, or accedes to this Convention after the date of the fifth instrument of ratification, acceptance, approval or accession, this Convention enters into force in respect of that State on the first day of the month following the expiration of twelve months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.

3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of any Protocol amending this Convention shall be deemed to apply to the Convention as amended.

DENUNCIATION

Article XXX

1. This Convention may be denounced by any Contracting State at any time.

2. Denunciation is effected by the deposit of an instrument to that effect with the depositary.

3. A denunciation takes effect on the first day of the month following the expiration of six months after the deposit of the instrument of denunciation with the depositary. Where a longer period for the denunciation to take effect is specified in the instrument of denunciation it takes effect upon the expiration of such longer period after its deposit with the depositary.

RESERVATIONS

Article XXIV

1. A State may declare at the time of signature, ratification, acceptance, approval or accession that:

  • (a) in respect of claims for damage under any or all of the heads of damage defined in article 1, paragraph 10, it will apply higher limits of liability than those specified in article 9 or no limit of liability for damage arising out of an incident occurring in its territory, provided that in that State the regime of liability governing compensation for such damage is of a similar nature to that under this Convention.
    • Such a State may oblige carriers whose vehicles are registered in its territory or, in the case of unregistered vehicles, having their principle place of business or habitual residence in its territory, to cover their liability by insurance or other financial security to amounts higher than those required by article 13, paragraph 2 of this Convention;
  • (b) it will not apply the provisions of article 5, paragraph 4(a) or (b);
  • (c) it will apply its national law in place of the provisions of article 5, in so far as such law provides that compensation for loss of life or personal injury may be reduced or disallowed only in cases of intentional conduct or gross negligence by the injured person or the person entitled to claim compensation.

2. The right of a State to make the declarations provided for in paragraph 1 is subject to its national law being in conformity with the conditions set out in the relevant subparagraphs of that paragraph at the time of entry into force of this Convention, and, in any event, not later than five years after this Convention has been opened for signature.

3. A State which makes use of any of the options provided for under paragraph 1 shall notify the depositary of the contents of its national law.

4. No other reservations are permitted to this Convention.

Article XXV

1. Reservations made under this Convention at the time of signature are subject to confirmation upon ratification, acceptance or approval.

2. Reservations or confirmations of reservations are to be in writing and to be formally notified to the depositary.

3. A reservation takes effect simultaneously with the entry into force of this Convention in respect of the State concerned.

4. Any State which makes a reservation under this Convention may withdraw it at any time by a formal notification in writing addressed to the depositary. Such withdrawal is to take 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.

AMENDMENT

Article XXVIII

1. A Conference for the purpose of revising or amending this Convention may be convened by the Inland Transport Committee of the Economic Commission of Europe of the United Nations.

2. Upon the request of not less than one-third of the State Parties, with a minimum of three, the Inland Transport Committee shall convene a Conference of the Contracting Staes for revising or amending this Convention.

Article XXIX

1. Upon the request of at least one-quarter of the States Parties, with a minimum of three, any proposal to amend the limits of liability laid down in article 9 shall be circulated by the depositary to all contracting States.

2. Any amendment proposed and circulated as above shall be submitted to a Committee, convened by the Inland Transport Committee of the Economic Commission of Europe of the United Nations and composed of a representative of each Contracting State, for consideration at a date at least six months after the date of its circulation.

3. Amendments shall be adopted by a two-thirds majority of the Contracting States present and voting in the Committee on condition that at least one-half of the Contracting States shall be present at the time of voting.

4. When acting on a proposal to amend the limits, the Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom, changes in the monetary values and the effects of the proposed amendment on the cost of insurance.

  • 5.(a) No amendments 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, nor less than five years from the date of entry into force of a previous amendment under this article. No amendment under this article shall be considered before this Convention has entered into force.
    • (b) No limit may be increased so as to exceed an amount which corresponds to the limit laid down in this Convention increased by six per cent per year calculated on a compound basis from the date on which this Convention was opened for signature.
    • (c) No limit may be increased so as to exceed an amount which corresponds to the limit laid down in this Convention multiplied by three.

6. Any amendment adopted in accordance with paragraph 3 of this article shall be notified by the depositary to all contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period not less than one-quarter of the States that were Contracting States at the time of the adoption of the amendment by the Committee have communicated to the depositary that they do not accept the amendment in which case the amendment is rejected and shall have no effect.

7. An amendment deemed to have been accepted in accordance with paragraph 6 of this article shall enter into force eighteen months after its acceptance.

8. All Contracting States shall be bound by the amendment, unless they denounce this Convention in accordance with article 30, paragraph 1 at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.

9. When an amendment under this article has been adopted by the Committee but the eighteen month period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 6 of this article. In the cases referred to in this paragraph a State becomes bound by an amendment when that amendment enters into force, or when this Convention enters into force for that State if later.

DECLARATIONS

Liberia

In relation to article 14 of the Convention…

The Ministry of Finance shall serve as the authority competent to issue or approve certificates attesting that carriers falling within the definition of article 1, paragraph 8(a) have a valid insurance or other financial security in accordance with provisions of this Convention as well as the authority competent to make or receive communication relating to the compulsory insurance or any other financial security.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more

Unable to display the content
Unable to display the content
Unable to display the content
Unable to display the content