اتفاقية الامم المتحدة المتعلقة بنقل البضائع بالبحر

UNITED NATIONS CONFERENCE ON THE

CARRIAGE OF GOODS BY SEA Hamburg 6 -

31 March 1978 FINAL ACT OF THE UNITED

NATIONS CONFERENCE ON THE CARRIAGE

OF GOODS BY SEA

1-The General Assembly of the United Nations, having con-

idered chapter IV of the report of the United Nations

Commission on International Trade Law on the work of its

ninth session in 1976, which contained..a draft Convention

on the Carriage of Goods by sea, decided, by its resolu-

tion 31 -100 of 15 December 1976 , that an international

conference of plenipotentiaries should be convened in 1978

in New York, or at any other suitable place for which the

Secretary -General might receive an invitation, to consi-

der the question of the carriage of goods by sea and to

embody the results of its work in an international

convention and such other instruments as it might deem

appropriate, Subsequently, the Secretary-General received

and accepted an invitation from the Government of the

Federal Republic of Germany that the conference be

convened at Hamburg.

2-The United Nations Conference on the Carriage of Goods

by Sea was held at Hamburg, Federal Republic of Germany,

from 6 to 31 March 1978 .

3-Seventy-eight States were represented at the Conferen-

ce, as follows:

Algeria, Argentina, Australia, Austria, Bangladish,

Belgium, Bolivia, Brazil, Bulgaria, Byelorussian Soviet

Socialist Republic, Canada, Chile, Colombia, Cuba,

Czechoslovakia, Democratic Yemen, Denmark, Ecuador,

Egypt, Finland, France, Gabon, German Democratic Republic,

Germany, Federal Republic of Ghana, Greece, Holy See,

Honduras, Hungary, India, Indonesia, Iran, Iraq, Ireland,

Italy, Ivory Coast, Jamaica, Japan, Kneya, Kuwait,

Liberia, Madagascar, Malaysia, Mauritius, Mexico,

Netherlands, Nigeria, Norway, Oman, Pakistan, Panama,

Peru, Philippines, Poland, Portugal, Republic of Korea,

Romania, Senegal, Sierra Leone, Singapore, Spain, Sweden,

Switzerland, Syrian Arab Republic, Thailand, Trinidad and

Tobago, Tunisia, Turkey, Unagada, Ukrainian Soviet Social-

ist Republic, Union of Soviet Socialist Republics, United

Kingdom of Great Britain and Northern Ireland, United Rep-

ublic of Cameroon, United Republic of Tanzania, United

States of America, Venezuela, Yugoslavia and Zaire.

4-One Sate, Guatemala, sent an observer to the Conference.

5-The General Assembly requested the Secretary-General

to invite representatives of organizations that have

receiced a standing invitation from the General Assembly

to participate in the sessions and the work of all inter-

national conferences convened under its auspices in the

capacity of observers in accordance with General Assembly

resolution 3237 (XXIX) of 2 November 1974 ; to invite rep-

resentatives of the national liberation movements recogn-

ized in its region by the Organization of African Unity,

in the capacity of observers, in accordance with General

Assembly resolution 3280 (XXIX) of 10 December 1974 , and

to invite the specialized agencies and the international

Atomic Energy Agency, as well as interested organs of

the United Nations and other interested inter-governmental

organizations, and interested non governmental organiza-

tions, to be represented at the conference by observers.

The following inter-governmental and non governmental

organizations accepted this invitation and were represen-

ted by observers at the conference:

Socialized agencies:

International Monetary Fund

Inter-governmental Maritime Consultative Organization

United Nations Bodies:

United Nations Conference on Trade and Development

Economic Commission for Africa

Other inter-governmental organizations:

Caribbean Community and Common Market

Central Office for International Railway Transport

Council of Europe

Organization for Economic Co-operation and Development

Non-governmental Organizations:

Baltic and International Maritime Conference

International Chamber of Commerce

International Chamber of Shipping

International Maritime Committe

International Shipowners' Association

International Union of Marine Insurance

Latin American Association of Shipowners

6-The Conference elected Mr. Rolf Herber (Germany,

Federal Republic of) President.

7-The Conference elected as Vice-Presidents the represen-

tatives of the following States: Algeria, Argentina,

Australia, Belgium, Canada, Cuba, Denmark, Ecuador, Ger-

man Democratic Republic, Greece, Indonesia, Iraq, Italy,

Nigeria, Pakistan, Philippines, Poland, Senegal, Turkey,

Uganda, Union of Soviet Socialist Republics and Venezuela.

8-The following Committee were set up by the Conference:

General Committee:

Chairman:

The President of the Conference.

Members:

The President and Vice-Presidents of the Conference, and

Chairman of the First and of the Second Committee.

First Committee:

Chairman:

Mr. Mohsen Chafik (Egypt)

Vice-Chairman:

Mr. S. Suchozerwski (Poland)

Rapporteur:

Mr. D. M. Low (Canada)

Second Committee:

Chairman:

Mr. D. Popov (Bulgaria)

Vice-Chairman:

Mr. Th. JAM De Bruijn (Netherlands)

Drafting Committe:

Chairman:

Mr. R. K. Dixit (India)

Members:

Argentina, Australia, Ecuador, France, German Democratic

Republic, Hungary, India, Iraq, Japan, Kenya, Norway,

Peru, Sierra Leone, Singapore, Union of Soviet Socialist

Republics, United Kingdom of Great Britain and Northen

Ireland, United Republic of Tanzania and United States of

America.

Credentials Committee:

Chairman:

Mrs. Heliliah Haji Yusof (Malaysia)

Members:

Bangladesh, Canada, Czechoslovakia, Ecuador, Madagascar,

Malaysia, Nigeria, Syrian Arab Republic and United States

of America.

9-The Secretary-General of the United Nations was repre-

sented by Mr. Erik Suy, the legal Counsel of the United

Nations, from 6 to 11 March and Subsequently by Mr. Blaine

Sloan. Division rector of the General Legal Division,

Office of Legal Affairs of the United Nations. Mr William

Vis, Chief of the International Trade Law Branch of the

General Legal Division of the Office of Legal Affairs of

the United Nations, acted as Executive Secretary.

10-The General Assembly, by its resolution 31 -100 of

15 December 1976 convening the Conference, refered to the

Conference, as the basis for its consideration of the

carriage of goods by sea, the draft Convention on Carriage

of Goods by sea contained in Chapter IV of the report of

the United Nations Commission on International Trade Law

on the work of its ninth session (A -CONF. 89 -5), the

text of draft provisions concerning implementation, reser-

vations and other final clauses prepared by the Secretary-

General (A -CONF. 89 -6 and Add. 1 and 2), the comments

and proposals by Governements and International organisa-

tions (A -Conf. 89 -7 and Add. 1) and an analysis of

these comments and proposals prepared by the Secretary-

General (A -CONF. 89 -8).

11-The Conference assigned to the First Committee the

text of the draft Convention on the Carriage of Goods by

Sea and the draft provision on reservations from the draft

provisions concerning implementation, reservations and

other final clauses prepared by the Secretary-General. The

Conference assigned to the Second Committee the other

draft provisions concerning implementation, reservations

and other final clauses.

12-On the basis of the deliberations recorded in the sum-

mary records of the Conference (A -CONF. 89 -SR. 1 to

10), the summary records of the First Committee (A -CONF.

89 -C. 1 -SR. 1 to 37) and its report (A -CONF. 89 -

10) and the summary records of the second Committee (A -

CONF. 89 -C. 2 -SR. 1 to 11) and its report (A -CONF.

89 -11), the Conference drew up the UNITED NATIONS CON-

VENTION ON THE CARRIAGE OF GOODS BY SEA, 1978 .

13-That Convention, the text of which is annexed to this

Final Act (Annex 1), was adopted by the Conference on 30

March 1978 and was opened for signature at the concluding

meeting of the concluding meeting of the Conference on 31

March 1978 . It will remain open for signature at United

Nations Headquarters in New York until 30 April 1979 ,

after which date it will be open for accession, in accordance

with its provisions.

14-The Convention is deposited with the Secretary-General

of the United Nations.

15-The Conference also adopted a "Common understanding"

and a resolution, the text of which are also annexed to

this Final Act (Annexes II and III)

IN WITNESS WHEREOF the representatives have signed this

Final Act.

Done at Hamburg, Federal Republic of Germany, this thirty-

first day of March, one thousand nine hundred and seventy-

eight, in a single copy in the Arabic, Chinese, English,

French, Russian and Spanish languages, each text being

equally authenic.

President

Executive Secretary

ANNEX I

UNITED NATIONS CONVENTION

ON THE CARRIAGE OF GOODS

BY SEA, 1978

Preamble

THE STATES PARTIES TO THIS CONVENTION,

HAVING RECOGNIZED the desirability of determining by agr-

eement certain rules relating to the carriage of goods by

sea,

HAVING DECIDED to conclude a Convention for this purpose

and have thereto agreed as follows:

PART I. GENERAL PROVISIONS

Article 1 .Definitions

In this Convention:

1-Carrier" means any person by whom or in whose name a

contract of carriage of goods by sea has been concluded

with a shipper.

2-Actual carrier" means any person to whom the perform-

ance of the carriage of goods, or part of the carriage,

has been entrusted by the carrier, and includes any other

person to whom such performance has been entrusted.

3-Shipper" means any person by whom or in whose name or

on whose behalf a contract of carriage of goods by sea has

been concluded with a carrier, or any person by whom or in

whose name or on whose behalf the goods are actually

delivered to the carrier in relation to the contract of

carriage by sea.

4-Consignee" means the person entitled to take delivery

of the goods.

5-Goods" includes live animals; where the goods are con-

solidated in a container, pallet or similar article of

transport or where they are paked, "goods" includes such

aritcle of transport or packaging if supplied by the shi-

pper.

6-Contract of carriage by sea" means any contract where-

by the carriage undertakes against payment of freight to

carry goods by sea from one port to another; however, a

contract which involves carriage by sea and also carriage

by some other means is deemed to be, a contract of carr-

iage by sea for the purposes of this Convention only in

so far as it relates to the carriage by sea.

7-Bill of lading" means a document which evidences a

contract of carriage by sea and the taking over or loading

of the goods by the carrier, and by which the carrier und-

ertakes to deliver the goods against surrender of the doc-

ument. A provision in the document that the goods are to

be delivered to the order of a named person, or to order,

or to bearer, constitutes such an undertaking.

8-Writing" includes, inter alia, telegram and telex.

Article 2 . Sccope of application

1-The provisions of this Convention are applicable to all

contracts of carriage by sea between two different States,

if:

a) The port of loading as provided for in the contract of

carriage by sea is located in a Contracting State, or

b) The port of discharge as provided for in the contract

of carriage by sea is located in a Contracting State, or

c) One of the optional ports of discharge provided for in

the contract of carriage by sea is the actual port of

disharge and such port is located in a Contracting Stste,

or

d) The bill of lading or other document evidencing the

contract of carriage by sea is issued in a Contracting

State, or

e) The bill of lading or other document evidencing the

contract of carriage by sea provides that the provisions

of this Convention or the legislation of any State giving

effect to them are to govern the contract.

2-The provisions of this Convention are applicable with-

out regard to the nationality of the ship, the carrier,

the actual carrier, the shipper, the consignee or any

other interested person.

3-The provisions of this Convention are not applicable to

charter-parties. However, where a bill of lading is issued

pursuant to a charter-party, the provisions of the Con-

vention apply to such a bill of lading if it governs the

relation between the carrier and the holder to the bill of

lading, not being the charterer.

4-If a contract provides for future carriage of goods in

a series of shipments during an agreed period, the provi-

sions of this Convention apply to each each shipment.

However, where a shipment is made under a charter-party,

the provisions of paragraph 3 of this article apply.

Article 3 . Interpretation of the Convention

In the interpretation and application of the provisions of

this Convention regard shall be had to its international

character and to be need to promote uniformity.

PART II:

Article 4: Period of responsability

(LIABILITY OF THE CARRIER)

1-The responsibility of the carrier for the goods under

this Convention covers the period during which the carrier

is in charge of the goods at the port of loading, during

the carriage and at the port of discharge.

2-For the purpose of paragraph 1 of this article, the

carrier is deemed to be in charge of the goods.

a) From the time he has been taken over the goods from:

i) The shipper, or a person acting on his behalf; or

ii) An authority or other third party to whom, pursuant to

law or regulations applicable at the port of loading the

goods must be handed over for shippment;

b) Until the time he has delivered the goods:

i) By handing over the goods to the consignee; or

ii) In cases where the consignee does not receive the

goods from the carrier, by placing them at the disposal of

the consignee in accordance with the contract or with the

law or with the usage of the particular trade, applicable

at the port of discharge; or

iii) By handing over the goods to an authority or other

third party to whom pursuant to law or regulations appli-

cable at the port of discharge, the goods must be handed

over.

Article 5 . Basis of liability

1-The carrier is liable for loss resulting from loss of

or damage to the goods, as well as from delay in delive-

ry, if the occurrence which caused the loss, damage or

delay took place while the goods were in his charge as

defined in article 4 , unless the carrier proves that he,

his servants or agents took all measures that could

reasonably be required to avoid the occurence and its

consequences.

2-Delay in delivery occurs when the goods have not been

delivered at the port of discharge provided for in the

contract of carriage by sea within the time expressely

agreed upon or, in the absence of such agreement, within

the time which it would be reasonable to require of a

diligent carrier, having regard to the circumstances of

the case

3-The person entitled to make a claim for the loss of

goods as loss lost if they have not been delivered as

required by article 4 within 60 consecutive days following

the expiry of the time for delivery according to

paragraph 2 of this article.

4-a) The carrier is liable

i) For loss of or damage to the goods or delay in delivery

caused by fire, if the claimant proves that the fire

arose from fault or neglect on the part of the carrier,

his servants or agents;

ii) For such loss, damage or delay in delivery which is

proved by the claimant to have resulted from the fault or

neglect of the carrier, his servants or agents, in taking

all measures that could reasonably be required to put out

the fire and avoid or mitigate its consequences.

b) In case of fire on board the ship affecting the goods,

if the claimant or the carrier so desires, a survey in ac-

cordance with shipping pratices must be held into the

cause and the circumstances of the fire, and a copy of the

surveyor's report shall be made available on demand to the

carrier and the claimant.

5-With respect to live animals, the carrier is not liable

for loss, damage or delay in delivery resulting from any

special risks inherent in that kind of carriage. If the

carrier proves that he has complied with any special

instructions given to him by the shipper respecting the

animals and that, in the circumatances of the case, the

loss, damage or delay in delivery could be attributed to

such risks, it is presumed that the loss, damage or delay

in delivery resulted from fault or neglect on the part of

carrier, his servants or agents.

6-The carrier is not liable, expect in general average,

where loss, damage or delay in delivery resulted from

measures to save life or from reasonable measures to save

property at sea.

7-Where fault or neglect on the part of the carrier, his

servants or agents combines with another cause to produce

loss, damage or delay in delivery the carrier is liable

only to the extent that the loss, damage or delay in del-

ivery is attributable to such fault or neglect, provided

that the carrier proves the amount of the loss, damage or

delay in delivery not attibutable thereto.

Article 6. Limits of liability

1-a) The liability of the carrier for loss

resulting..from loss of or damage to goods according to the

provisions of article 5 is limited to an amount equivalent

to 835 units of account per package or other shipping unit

or 2.5 units of account per kilo-gramme of gross weight of

the goods lost or damaged,whichever is the higher.

b) The liability of the carrier for delay in delivery

according to the provisions of article 5 is limited to an

amount equivalent to two and a half times the freight

payable for the goods delayed, but not exceeding the total

freight payable under the contract of carriage of goods

by sea.

c) In case shall the aggregate liability of the carrier,

under both subparagraphs (a) and (b) of this paragraph,

exceed the limitation which would be established under

subparagraph (a) of this paragraph for total loss of the

goods with respect to which such liability was incurred.

2-For the purpose of calculating which amount is the

higher in accordance with paragraph 1 (a) of this article,

the following rules apply:

a) Where a container, pallet or similar article of trans-

port is used to consolidate goods, the package or other

shipping units enumerated in the bill of lading, if is-

sued, or otherwise in any other document evidencing the

contract of carriage by sea, as packed in such article of

transport are deemed package or shipping units. Except as

aforesaid the goods in such article of transport are

deemed one shipping unit.

b) In cases where the article of transport itself has been

lost or damaged, that article of transport, if not owned

or otherwise supplied by the carrier, is considered one

separate shipping unit.

33-Unit of account means the unit of account mentioned in

article 26 .

4-By agreement between the carrier and the shipper,limits

of liability exceeding those provided for in paragraph 1

may be fixed.

Article 7 . Application to non-contractual claims

1-The defences and limitsof liability provided for in

this Convention apply in any action against the carrier in

respect of loss or damage to the goods covered by the

contract of carriage by sea, as well as of delay in de-

livery 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 carrier, such servant or agent, if he proves

that he acted within the scope of his employment, is enti-

tled to avail himself of the defences and limits of liabi-

lity which the carrier is entitled to invoke under this

Convention.

3-Except as provided in article 8 , the aggregate of the

amount recoverable from the carrier and from any persons

referred to in paragraph 2 of this article shall not

exceed the limits of liability provided for in this

Convention.

Artile 8 . Loss of right to limit responsibility

1-The carrier 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 in delivery resulted

from an act or omission of the carrier done with the

intent to cause such loss, damage or delay, or reckless

and with knowledge that such loss, damage or delay would

probably result.

2-Notwithstanding the provisions of paragraph 2 of

article 7 , a servant or agent of the carrier 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 in delivery resulted from an act or omis-

sion of such servant or agent, 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 . Deck Cargo

1-The carrier is entitled to carry the goods on deck only

if such carriage is in accordance with an agreement with

the shipper or with the usage of the particular trade or

is required by statutory rules or regulations.

2-If the carrier and the shipper have agreed that the

goods shall or may be carried on deck, the carrier must

insert in the bill of lading or other document evidencing

the contract of carriage by sea a statement to that

effect. In the absence of such a statement the carrier

has the burden of proving that an agreement for carriage

on deck has been entered into; however, the carrier is not

entitled to invoke such an agreement against a third par-

ty, including a consignee who has acquired the bill of

lading in good faith.

3-Where the goods have been carried on deck contrary to

the provisions of paragraph 1 of this article or where

the carrier may not under paragraph 2 of this article

invoke an agreement for carriage on deck, the carrier,

notwithstanding the provisions of paragraph 1 of article

5 , is liable for loss of or damage to the goods, as well

as for delay in delivery, resulting solely from the car-

riage on deck, and the extent of his liability is to be

determined in accordance with the provisions of artucle 6

or article 8 of this Convention, as the case may be.

4-Carriage of goods on deck contrary to express agreement

for carriage under deck is deemed to be an act or omis-

sion of the carrier within the meaning of article 8 .

Article 10 . Liability of the carrier and actual carrier

1-Where the performance of the carriage or part thereof

has been entrusted to an actual carrier, whether or not in

pursuance of a liberty under the contract of carriage by

sea to do so, the carrier nevertheless remains responsible

for the entire carriage according to the provisions of the

provisions of this Convention. The carrier is responsible,

in relation to the carriage performed by the actual

carrier, for the acts and omissions of the actual carrier

and of his servants and agents acting within the scope of

their employment.

2-All the provisions of this Convention governing the

responsibility of the carrier also apply to the responsi-

bility of the actual carrier for the carriage performed by

him. The provisions of paragraphs 2 and 3 of article 7 and

of paragraph 2 of article 8 apply if an action is brought

against a servant or agent of the actual carrier.

3-Any special agreement under which the carrier assumes

obligations not imposed by this Convention or waives

rights conferred by this Convention affects the actual

carrier only if agreed to by him expressly and in writing.

Whether or not the actual carrier has so agreed, the car-

rier nevertheless remains bound by the obligations or wai-

vers resulting from such special agreement.

4-Where and to the extent that both the carrier and the

actual carrier are liable, their liability is joint and

several.

5-The aggregate of the amounts recoverable from the car-

rier, the actual carrier and their servants and agents

shall not exceed the limits of liability provided for in

this Convention.

6-Nothing in this article shall prejudice any right of

recourse as between the carrier and the actual carrier.

Article 11. Through carriage

1-Notwithstanding the provisions of paragraph 1 of artic-

le 10 , where a contract of carriage by sea provides ex-

plicity that a specified part of the carriage covered by

the said contract is to be performed by a named person

other than the carrier, the vantract may also provide that

the carrier is not liable for loss, damage or delay in de-

livery caused by an occurrence which takes place while the

goods are in the charge of the actual carrier during such

part of the carriage. Nevertheless, any stipulation limi-

ting or excluding such liability is without effect if no

judicial proceedings can be instituted against the actual

carrier in a court competent under paragraph 1 or 2 of

article 21 . The burden of proving that any loss, damage

or delay in delivery has been caused by such an occurrence

rests upon the carrier.

2-The actual carrier is responsible in accordance with

the provisions of paragraph 2 of article 10 for loss, da-

mage or delay in delivery caused by an occurrence which

take place while the goods are are in his charge.

PART III. LIABILITY OF THE SHIPPER

Article 12 . General rule

The shipper is not liable for loss sustained by the car-

rier or the actual carrier, or for damage sustained by the

ship, unless such loss or damage was caused by the fault

or the shipper, his servants or agents. Nor is any servant

or agent of the shipper liable for such loss or damage

unless the loss or damage was caused by fault or neglect

on his part.

Artcle 13 . Special rules on dangerous goods

1-The shipper must mark or label in a suitable manner

dangerous goods as dangerous.

2-Where the shipper hands over dangerous goods to the

carrier or an actual carrier, as the case may be, the

shipper must inform him of the dangerous character of the

goods and, if necessary, of the precautions to be taken.

If the shipper fails to do so and such carrier or actual

carrier does not otherwise have knowledge of their

dangerous character:

a) The shipper is liable to the carrier and any actual

carrier for the loss resulting from the shipment of such

goods, and

b) The goods may at any time be unloaded, destroyed or

rendered innocuous, as the circumstances may require,

without payment of compensation.

3-The provisions of paragraph 2 of this article may not

be invoked by any person if during the carriage he has

taken the goods in his charge with knowledge of their

dangerous character.

4-If. in cases where the provisions of paragraph 2 ,

subparagraph (b), of this article do not apply or may not

be invoked, dangerous goods become an actual danger to

life or property, they may be unloaded, destroyed or

rendered innocuous, as the cirumstances may require,

without payment of compensation exceot where there is an

obligation to contribute in general average or where the

carrier is liable in accordance with the provisions of

article 5 .

PART IV. TRANSPORT DOCUMENTS

Article 14 . Issue of bill of lading

1-When the carrier or the actual carrier takes the goods

in his charge, the carrier must, on demand of the shipper,

issue to the shipper a bill of lading.

2-The bill of lading may be signed by a person having

authority from the carrier. A bill of lading signed by the

master of the ship carrying the goods is deemed to have

been signed on behalf of the carrier.

3-The signature on the bill of lading may be in hand-

writing, printed in fascimile, perforated, stamped, in

symbols, or made by any other mechanical or electronic

means, if not inconsistent with the law of the country

where the bill of lading is issued.

Article 15 . Contents of bill of lading

1-The bill of lading must include inter alia, the follo-

wing particulars:

a) The general nature of goods, the leading marks neces-

sary for identification of the goods, an express statement

if applicable, as to the dangerous character of the goods,

the number of packages or pieces, and the weight of the

goods or their quantity otherwise expressed, all such

particulars as furnished by the shipper;

b) The apparent condition of the goods;

c) The name and principal place of business of the

carrier;

d) The name of the shipper;

e) The consignes if named by the shipper;

f) The port of loading under the contract of carriage by

sea and the date on which the goods were taken over by the

carrier at the port of loading;

g) The port of discharge under the contract of contract of

carriage by sea ;

h) The number of originals of the bill of lading, if more

than one;

i) The place of issuance of the bill of lading;

j) The signature of the carrier or a person acting on his

behalf;

k) The freight to the extent payable by the consignee or

other indication that freight is payable by him;

1) The statement referred to in paragraph 3 of article 23;

m) The statement, if applicable, that the goods shall or

may be carried on deck;

n) The date or the period of delivery of the goods at the

port of discharge if expressly agreed upon between the

parties; and

o) Any increased limit or limits of liablity where agreed

in accordance with paragraph 4 of article 6 .

2-After the goods have been loaded on board, if the

shipper so demands the carrier must issue to the shipper

a "shipped" bill of lading which, in addition to the par-

ticulars required under paragraph 1 of this article, must

state that the goods are on board a named ship or ships,

and the date or dates of loading. If the carrier has

previously issued to the shipper a bill of lading or other

document of title with respect to any of such goods, on

request of the carrier, the shipper must surrender such

document in exchange for a "shipped" bill of lading. The

carrier may amend any previously issued document in order

to meet the shipper's demand for a "shipped" bill of

lading if, as amended, such document includes all the

information required to be contained in a "shipped" bill

of lading.

3-The absence in the bill of lading of one or more parti-

culars referred to in this article does not affect the

legal character of the document as a bill of lading

provided that it nevertheless meet the requirements set

out in paragraph 7 of article 1 .

Article 16 . Bills of lading: reservations and

evidentiary effect

1. If the bill of lading contains particulars concerning

the general nature, leading marks, number of packages or

pieces, weight or quantity of the goods which the carrier

or other person issuing the bill of lading on his behalf

knows or has reasonable grounds to suspect do not accura-

tely represent the goods actually taken over or, where a

"shipped" bill of lading is issued, loaded, or if he had

no reasonable means of checking such particulars, the car-

rier or such other person must insert in the bill of

lading a reservation specifying these inaccuracies,

ground of suspicion or the absence of reasonable means

of checking.

2-If the carrier or other person issuing the bill of

lading on his behalf fails to note on the bill of lading

the apparent condition of the goods, he is deemed to have

noted on the bill of lading that the goods were in

apparent good condition.

3-Except for particulars in respect of which and to the

extent to which a reservation permitted under paragraph 1

of this article has been entered:

a) The bill of lading is prima facie evidence of the

taking over or, where a "shipped" bill of lading is is-

sued, loading, by the carrier of the goods, as described

in the bill of lading; and

b) Proof to the contrary by the carrier is not admissible

if the bill of lading has been transferred to a third

party, including a consignes, who in good faith has

acted in reliance on the description of the goods therein.

4-A bill of lading which does not, as provided in parag-

raph 1 , subparagraph (k) of article 15 , set forth the

freight or otherwise indicate that freight is payable by

the consignee or does not set forth demurrage incurred at

the port of loading payable by the consignee, is prima

fancie evidence that no freight or such demurrage is

payable by him. However, proof to the contrary by the

carrier is not admissible when the bill of lading has been

transferred to a third party, including a consignee, who

in good faith has acted in reliance on the absence in the

bill of lading of any such indication.

Article 17 . Guarantees by the shipper

1-The shipper is deemed to have guaranteed to the carrier

the accuracy of particulars relating to the general nature

of the goods, their marks, number, weight and quantity as

furnished by him for insertion in the bill of lading. The

shipper must indemnify the carrier against the loss

resulting from innaccuracies in such particulars. The

shipper remains liable even if the bill of lading has been

transferred by him. The right of the carrier to such

indemnity in no way limits his liability under the

contract of carriage by sea to any person other than the

shipper.

2-Any letter of guarantee or agreement by which the ship-

per undertakes to indemnify the carrier against loss resu-

lting from the issuance of the bill of lafing by the

carrier, or by a person acting on his behalf, without

entering a reservation relating to particulars furnished

by the shipper for insertion in the bill of lading, or to

the apparent condition of the goods, is void and of no

effect as against any third party, including a consignee,

to whom the bill of lading has been transferred.

3-Such letter of guarantee or agreement is valid as

against the shipper unless the carrier unless the carrier

or the person acting on his behalf, by omitting the

reservation referred to in paragraph 2 of this article ,

intends to defraud a third party, including a consignee,

who acts in reliance on the description of the goods in

the bill of lading. In the latter case, if the reser-

vation omitted relates to particulars furnished by the

shipper for insertion in the bill of lading, the carrier

has no right of indemnity from the shipper pursuant to

paragraph 1 of this article.

4-In the case of intented fraud referred to in

paragraph 3 of this article the carrier is liable, with-

out the benefit of the limitation of liability provided

for in this Convention, for the loss incurred by a third

party, including a consignee, because he has acted in

reliance on the description of the goods in the bill of

lading.

Article 18 . Documents other than bills of lading

Where a carrier issues a document other than a bill of

lading to evidence the receipt of the goods to be

carried, such a document is prima facie evidence of the

conclusion of the contract of carriage by sea and the

taking over by the carrier of the goods as therein

described.

PART V. CLAIMS AND ACTIONS

Article 19 . Notice of loss, damage or delay

1-Unless notice of loss or damage, specifying the general

nature of such loss or damage, is given in writing by the

consignee to the carrier not later than the working day

after the day when the goods were handed over to the con-

signee, such handing over is prima facie evidence of the

delivery by the carrier of the goods as described in the

document of transport or, if no such document has been

issued, in good condition.

2-Where the loss or damage is not apparent, the

provisions of paragraph 1 of article apply correspondingly

if notice in writing is not giving within 15 consecutive

days after the day when the goods were handed over to the

consignee.

3-If the state of the goods at the time they were handed

over to the consignee has been the subject of a joint sur-

vey or inspection by the parties, notice in writing need

not to be given of loss or damage as certained during such

survey or inspection.

4-In the case of any actual or apprehended loss or damage

the carrier and the consignee must give all reasonable

facilities to each other for inpecting and tallying the

goods.

5-No compensation shall be payable for loss resulting

from delay in delivery unless a notice has been given in

writing 60 consecutive days after the day when the goods

were handed over to the consignee.

6-If the goods have been delivery by an actual carrier,

any notice given under this article to him shall have the

same effect as if it had been given to the carrier, and

any notice given to the carrier shall have effect as if

given to such actual carrier.

7-Unless notice of loss ordamage specifying the general

nature of the loss or damage, is given in writing by the

carrier or actual carrier to the shipper not later than 90

consecutive days after the occurrence of such loss or

damage or after the delivery of the goods in accordance

with paragraph 2 of article 4 , whichever is later, the

failure to give such notice is prima facie evidence that

the carrier has sustained no loss or damage due to the

fault or neglect of the shipper, his servants or agents.

8-For the purpose of this article, notice given to a

person acting on the carrier's or the actual carrier's

behalf, including the master or the officer in charge of

the ship, or to a person acting on the shipper's behalf is

deemed to have been given to the carrier, to the actual

carrier or to the shipper, respectively.

Article 20 . Limitation of actions

1-Any action relating to carriage of goods under this

Convention is time-barred if judicial or artitral proce-

edings have not been instituted within a period of two

years.

2-The limitation period commences on the day on which the

carrier has delivered the goods or part therof or, in

cases where no goods have been delivered, on the last day

on which the goods should have been delivered.

3-The day on which the limitation period commences is not

included in the period.

4-The person against whom a claim is made may at any time

during the running of the limitation period extend that

period by the claimant. This peiod may be further extended

by another declaration or declarations.

5-An action for indemnity by a person held liable may be

instituted even after the expiration of the limitation

period provided for in the preceding paragraphs if

instituted within the time allowed by the law of the Sta-

te where proceedings are instituted. However, the time al-

lowed shall not be less than 90 days commencing from the

day when the person institutng such action for indemnity

has settled the claim or has been served with process in

the action against himself.

Article 21 . Jurisdiction

1-In judicial proceedings relating to carriage of goods

under this Convention the plaintiff, at his option, may

institute an action in court which, according to the law

of the State where the court is situated, is competent and

within the jurisdiction of which is situated one of the

following places:

a) The principal place of business or in the absence

thereof, the habitual residence of the defendant; or

b) The place where the contract was made provided that

the defendant has there a place of business, branch or

agency through which the contract was made; or

c) The port of loading or the port of discharge; or

d) Any additional place designated for that purpose in the

contract of carriage by sea.

2-a) Notwithstanding the preceding provisions of this

article, an action may be instituted in the courts of any

port or place in a Contracting State at which the carrying

vessel or any other vessel of the same ownership may have

been arrested in accordance with applicable rules of the

law of that State and of international law. However, in

such a case, at the petition of the defendant, the

claimant must remove the action, at his choice, to one of

the jurisdictions referred to in paragraph 1 of this

article for the determination of the claim, but before

such removal the defendant must furnish security suffi-

cient to ensure payment of any judgement that may subse-

quently be awarded to the claimant in the action.

b) All questions relating to the sufficiency or otherwise

of the security shall be determined by the court of the

port or place of the arrest.

3-No judicial proceedings relating to carriage of goods

under this Convention may be instituted in a place not

specified in paragraph 1 or 2 of this article. The

provisions of this paragraph do not constitute an obstacle

to the jurisdiction of the Contracting States for

provisional or protective measures.

4-a) Where an action has been instituted in a court com-

petent under paragraph 1 or 2 of this article or where

judgement has been delivered by such a court, no new

action may be started between the same parties om the

same grounds unless the judgement of the court before

which the first action was intituted is not enforceable in

the country in which the new proceedings are instituted;

b) For the purpose of this article the institution of

measures with a view to obtaining enforcement of a jud-

gement is not to be considered as the starting of a new

action;

c) For the purpose of this article, the removal of an

action to a different court within the same country, or to

a court in another country, in accordance with paragraph 2

(a) of this article, is not to be considered as the star-

ting of a new action.

5-Notwithstanding the provisions of the preceding

paragraphs, an agreement made by the parties, after a

claim under the contract of carriage by sea has arisen,

which designates the place where the claimant may ins-

titute an action, is effective.

Article 22 . Arbitration

1-Subject to the provisions of this article, parties may

provide by agreement evidenced in writing that any dispute

that may arise relating to carriage of goods under this

Convention shall be referred to arbitration.

2-Where a charter-party contains a provision that dis-

putes arising thereunder shall be referred to arbitration

and a bill of lading issued pursuant to the charter-party

does not contain a special annotation providing that the

holder of the bill if lading, the carrier may not invoke

such provision as against a holder having acquired the

bill of lading in good faith.

3-The arbitration proceedings shall, at the option of the

claimant, be instituted at one of the following places:

a) a place in a State within whose territory is situated:

i) The principal place of business of the defendant or,

in the absence thereor, the habitual residence of the

defendant; or

ii) The place where the contract was made, provided that

the defendant has there a place of business, branch or

agency through which the contract was made; or

iii) The port of loading or the port of discharge; or

b) Any place designated for that purpose in the arbit-

ration clause or agreement.

4-The arbitrator or arbitration tribunal shall apply the

rules of this Convention.

5-The provisions of paragraph 3 and 4 of this article are

deemed to be part of every arbitration clause or agreement

and any term of such clause or agreement which is

therewise is null and void.

6-Nothing in this article afects the validity of an

agreement relating to arbitration made by the parties

after the claim under the contract of carriage by sea

has arisen.

PART VI. SUPPLEMENTARY PROVISIONS

Article 23 . Contractual Stipulations

1-Any stipulation in a contract of carriage by sea, in a

bill of lading, or in any other document evidencing the

contract of carriage by sea is null and void to the extent

that it derogates, directly or indirectly, from the

provisions of this Convention. The nullity of such a sti-

pulation does not affect the validity of the other

provisions of the contract or document of which it forms

a part. A clause assigning benefit of insurance of the

goods in favour of the carrier, or any similar clause, is

null and void.

2-Notwithstanding the provisions of paragraph 1 of this

article, a carrier may increase his responsibilities and

obligations under this Convention.

3-Where a bill of lading or any other document evidencing

the contract of carriage by sea is issued, it must contain

a statement that the carriage is subject to the provisions

of this Convention which nullity any stipulation

derogating therefrom to the detriment of the shipper or

the consignee.

4-Where the claimant in respect of the goods has incurred

loss as a result of a stipulation which is null and void

by virtue of the persent article, or as a result of the

omission of the statement referred to in paragraph 3 of

this article, the carrier must pay compensation to the

extent required in order to give the claimant compensation

in accordance with the provisions of this Convention for

any loss of or damage to the goods as well as for delay

in delivery. The carrier must, in addition, pay compen-

sation for costs incurred by the claimant for the purpose

of exercising his right, provided that costs incurred in

the action where the forgoing provision is invoked are to

be determined in accordance with the law of State where

proceedings are instituted.

Article 24 . General average

1-Nothing in this Convention shall prevent the

application of provisions in the contract of carriage by

sea or national law regarding the adjustment of general

average.

2-With the exception of article 20 the provisions of this

Convention relating to the liability of the carrier for

loss of or damage to the goods also determine wether the

consignee may refuse contribution in general average and

the liability of the carrier to indemnify the consignee in

respect of any such contribution made or any salvage paid.

Article 25 .Other Conventions

1-This Convention does not modify the rights or duties of

the carrier, the actual carrier and their servants and

agents, provided for in international conventions or

national law relating to the limitation of liability of

owners of seagoing ships.

2-The provisions of article 21 and 22 of this Convention

do not prevent the application of the mandatory provisions

of any other multilateral convention already in force at

the date of this Convention relating to matters dealt with

in the said articles, provided that the dispute arises

exclusively between parties having their principal place

of business in States members of such other convention.

However, this paragraph does not affect the application

of paragraph 4 of article 22 of this Convention.

3-No liability shall arise under the provisions of this

Convention for damage caused by a nuclear incident if the

operator of a nuclear installation is liable for such

damage:

a) Under either the Paris Convention of 29 July 1960 on

Third Party Liability in the Field of Nuclear Energy as

amended by the Additional Protocol of 28 January 1964 or

the Vienna Convention of 21 May 1963 on Civil Liability

for Nuclear Damage, or

b) By virtue of national law governing the liability for

such damage, provided that such law is in all respects as

favourable to persons who may suffer damage as either the

Paris or Vienna Conventions.

4-No liability shall arise under the provisions of this

Convention for any loss of or damage to or delay in

delivery of luggage for whih the carrier is responsible

under any international convention or national law

relating to the carriage of passengers and their luggage

by sea.

5-Nothing contained in this Convention prevents a Contra-

cting State from applying any other International

convention which is already in force at the date of this

Convention and which applies mandatorily to contracts of

carriage of goods primarily by a mode of transport by sea.

This provision also applies to any subsequent..revision

or amendment of such international convention.

Article 26 . Unit of account

1-The unit of account referred to in article 6 of this

Convention is the Special Drawing Right as defined by the

International Monetary Fund. The amounts mentioned in

article 6 are to be converted into 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 value of a national currency, in terms of the Special

Drawing Right, of a Contracting State which is a member of

the International Monetary Fund is to be calculated in

accordance with the method of valuation applied by the In-

ternational Monetary Fund in effect at the date in ques-

tion for its operations and transactions. The value of a

national currency in terms of the Special Drawing Right of

a Contracting State Which is not a member of the Inter-

national Monetary Fund is to be calculated in a manner

determined by that State.

2-Nevertheless, those States which are not members of the

International Monetary Fund and whose law does not permit

the application of the provisions of paragraph 1 of this

article may, at the time of signature, or at the time of

ratification, acceptance, approval or accession or at any

time thereafter, declare that the limits of liability

provided for in this Convention to be applied in their

territories shall be fixed as:

12.500 monetary units per package or other shipping unit

or 37.5 monetary units per kilogramme of gross weight of

the goods.

3-The monetary unit referred to in paragraph 2 of this

article corresponds to sixty-five and a half milligrammes

of gold of millesimal fineness nine hundred. The Conven-

tion of the amounts referred to in paragraph 2 into the

national currency is to be made according to the law of

the State concerned.

4-The calculation mentioned in the last sentence of

paragraph 1 and the conversion mentioned in paragraph 3 of

this article is to be made in such a manner as to express

in the national currency of this Contracting State as far

as possible the same real value for the amounts in article

6 as is expressed there in unit of account. Contracting

States must communicate to the depositary the manner of

calculation pursuant to paragraph 1 of this article, or

the result of the conversion mentioned in paragraph 3 of

this article, as the case may be, at the time of signature

or depositing their instruments of ratification,

acceptance, approval or accession, or when availing them-

selves of the option provided for in paragraph 2 of this

article and whenever there is a change in the manner of

such calculation or in the result of such conversion

PART VII. FINAL CLAUSES

Article 27 . Depositary

The Secretary-General of the Units Nations is hereby

designated as the depositary of this Convention.

Article 28 . Signature, ratification, acceptance,

approval, accession

1-This Convention is open for signature by all States

until 30 April 1979 at the Headquarters of the United

Nations, New York.

2-This Convention is subject to ratification, acceptance

or approval by the signatory States.

3-After 30 April 1979 , this Convention will be open for

accession by all States which are not signatory States.

4-Instruments of ratification, acceptance, approval and

accession are to be deposited with the Secretary-General

of the United Nations.

Article 29 . Reservations

No reservations may be made to this Convention.

Article 30 . 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 20th intrument 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 20th

instrument of ratification, acceptance, approval or acces-

sion, this Convention enters into force on the first

day of the month following the expiration of one year

after the deposit of the appropriate intrument on behalf

of that State.

3-Each Contracting State shall apply the provisions of

this Convention to contracts of carriage by sea concluded

on or after the date of entry into force of this

Convention in respect of that State.

Article 31 . Denunciation of other conventions

1-Upon becoming a Contracting State to this Convention,

any State party to the International Convention for the

Unification of Certain Rules relating to Bills of Lading

signed at Brussels on 25 August 1924 (1924 Convention)

must notify the Government of Belgium as the depostary of

the 1924 of its denunciation of the said Convention with

a declaration that the denunciation is to take effect as

from the date when this Convention enters into force in

respect of that State.

2-Upon the entry into force of this Convention under

paragraph 1 of article 30 , the depositary of this

Convention notify the Government of Belgium as the depo-

sitary of the 1924 Convention of the date of such entry

into force, and of the names of the Contracting States in

respect of which the Gonvention has entered into force.

3-The provisions of paragraphs 1 and 2 of this article

apply correspondingly in respect of States parties to the

Protocol signed on 23 February 1968 to amend the Inter-

national Convention for the Unification of Certain Rules

relating to Bills of lading signed at Brussels on August

1924 .

4-Notwithstanding article 2 of this Convention, for the

purposes of paragraph 1 of this article, a Contracting

State may, if it deems it desirable, defer the

denunciation of the 1924 Convention and of the 1968 Conv-

ention as modified by the 1968 Protocol for a maximum

period of five years from the entry into force of this

Convention, It will then notify the Government of

Belgium of its intention. During this transitory period,

it must apply to the Contracting States this Convention to

the exclusion of any other one.

Article 32 . Revision and amendment

1-At the request of not less than one-third of the

Contracting States 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 amen-

dment to this Convention, is deemed to apply to the

Convention as amended.

Article 33 . Revision of the limitation amounts and unit

of account or monetary unit

1-Notwithstanding the provisions or article 32 , a

conference only for the purpose of altering the amount

specified in article 6 and paragraph 2 of article 26 , or

of substituting either or both of the units defined in

paragraphs 1 and 3 of article 26 by other units is to be

convened by the depositary in accordance with paragraph 2

of this article. An alteration of the amounts shall be

made only because of a significant change in their real

value.

2-A revision conference is to be convened by the

depositary when not less than one-fourth of the Contrac-

ting States so request.

3-Any decision by the conference must be taken by a two-

thirds majority of the participating States. The amendment

is communicated by the depositary to all the Contracting

States for acceptance and to all the States signatories

of the Convention for information.

4-Any amendment adopted enters into force on the first

day of the month following one year after its acceptance

by two-thirds of the Contracting States Acceptance is to

be effected by the deposit of a formal instrument to that

effect, with the depositary.

5-After entry into force of an amendment a Contracting

State which has accepted the amendment is entitled to ap-

ply the Convention as amendment in its relations with

Contrating States which have not within six months after

the adoption of the amendment notified the depositary

that they are not bound by the amendment.

6-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 34 . Denunciation

1-A Contracting State may denounce this Convention at

any time by means of a notification in writing addressed

to the depositary.

2-The denunciation takes effect on the first day of the

month following the expiration of one year after the no-

tification is received by the depositary. Where a longer

period is specified in the notification, the denunciation

takes effect upon expiration of such longer period after

the notification is received by the depositary.

DONE at Hamburg, this thirty-first day of March one

thousand nine hundred and seventy-eight, in a single ori-

ginal, of which the Arabic, Chinese, English, French,

Russian and Spansih texts are equally authentic.

IN WITNESS WHEREOF the undersigned plenipotentiaries,

being duly authorized by their respetive Governments,

have signed the present Convention.

ANNEX II COMMON UNDERSTANDING

ADOPTED BY THE UNITED NATIONS

CONFERENCE ON THE CARRIAGE OF GOODS BY SEA

It is the common understanding that the liability of the

carrier under this Convention is based on the principle

of presumed fault or neglect. This means that, as rule,

the burden of proof rests on the carrier but, with respect

to certain cases, the provisions of the Convention modify

this rule.

ANNEX III RESOLUTION ADOPTED BY

THE UNITED NATIONS CONFERENCE -

ON THE CARRIAGE OF GOODS BY SEA

"The United Nations Conference on the Carriage of Goods by

Sea,"Nothing with appreciation the kind invitation of the

Federal Republic of Germany to hold the Conference in

Hamburg,

"Being aware that the facilities placed at the disposal of

the Conference and the generous hospitality bestowed on

the participants by the Government of the Federal Repub-

lic of Germany and by the Free and Hanseatic City of

Hamburg, have in no small measure contributed to the

success of the Conference,

"Expresses its gratitude to the Government and people of the

Federal Republic of Germany, and

"Having adopted the Convention on the Carriage of Goods by

sea on the basis of a draft Convention prepared by the

United Nations Commission on International Trade Law at

the request of the United Nations Conference on Trade and

Development.

"Express its gratitude to the United Nations Commission on

International Trade Law and to the United Nations

Conference on Trade and Development for their outstanding

contribution to the simplification and harmonization of

the law of the carriage of goods by sea, and

"Decides to designate the Convention adopted by the Confe-

rence as the:

"UNITED NATIONS CONVENTION ON THE CARRIAGE OF

GOODS BY SEA 1978" and

"Recommends that the rules embodied therein be known as

the: "HAMBURG RULES".