Protocol to Amend the

ternational Convention for the Unification of Certain Rules of Law Relating to Bills of Lading ("Visby Protocol to Amend the

ternational Convention for the Unification of Certain Rules of Law Relating to Bills of Lading ("Visby Rules") (Brussels, 23 February 1968) THE CONTRACTING PARTIES, CONSIDERING that it is desirable to amend the

ternational Convention for the unification of certain rules of law relating to Bills of Lading, signed at Brussels on 25th August 1924, HAVE AGREED as follows: Article 1

Article 3

, paragraph 4, shall be added: "However, proof to the contrary shall not be admissible when the Bill of Lading has been transferred to a third party acting

good faith".

Article 3

, paragraph 6, sub-paragraph 4 shall be deleted and replaced by: "Subject to paragraph 6b/s the carrier and the ship shall

any event be discharged from all liability whatsoever

respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period may, however, be extended if the parties so agree after the cause of action has arisen".

Article 3

, after paragraph 6, shall be added the following paragraph 6bis: "An action for

demnity against a third person may be brought even after the expiration of the year provided for

the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for

demnity has settled the claim or has been served with process

the action against himself". Article 2 Article 4, paragraph 5, shall be deleted and replaced by the following: "(a) Unless the nature and value of such goods have been declared by the shipper before shipment and

serted

the Bill of Lading, neither the carrier nor the ship shall

any event be or become liable for any loss or damage to or

connection with the goods

an amount exceeding the equivalent of 10,000 francs per package or unit or 30 francs per kilo of gross weight of the goods lost or damaged, whichever is the higher. (b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship

accordance with the contract or should have been so discharged. The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality. (c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated

the Bill of Lading as packed

such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit. (d) A franc means a unit consisting of 65.5 milligrammes of gold of millesimal fineness 900'. The date of conversion of the sum awarded

to national currencies shall be governed by the law of the Court seized of the case. (e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for

this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with

tent to cause damage, or recklessly and with knowledge that damage would probably result. (f) The declaration mentioned

sub-paragraph (a) of this paragraph, if embodied

the Bill of Lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier. (g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned

sub-paragraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned

that sub-paragraph. (h) Neither the carrier nor the ship shall be responsible

any event for loss or damage to, or

connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper

the Bill of Lading". Article 3 Between Articles 4 and 5 of the Convention shall be

serted the following Article 4bis: 1. The defences and limits of liability provided for

this Convention shall apply

any action against the carrier

respect of loss or damage to goods covered by a contract of carriage whether the action be founded

contract or

tort. 2. If such an action is brought against a servant or agent of the carrier (such servant or agent not being an

dependent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to

voke under this Convention. 3. The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall

no case exceed the limit provided for

this Convention. 4. Nevertheless, a servant or agent of the carrier shall not be entitled to avait himself of the provisions of this Article, if it is proved that the damage resulted from an act or omission of the servant or agent done with

tent to cause damage or recklessly and with knowledge that damage would probably result". Article 4 Article 9 of the Convention shall be deleted and replaced by the following: "This Convention shall not affect the provisions of any

ternational Convention or national law governing liability for nuclear damage". Article 5 Article 10 of the Convention shall be deleted and replaced by the following: "The provisions of this Convention shall apply to every Bill of Lading relating to the carriage of goods between ports

two different States if: (a) the Bill of Lading is issued

a Contracting State, or (b) the carriage is from a port

a Contracting State, or (c) the contract contained

or evidenced by the Bill of Lading provides that the rules of this Convention or legislation of any State giving effect to them are to govern the contract whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other

terested person. Each Contracting State shall apply the provisions of this Convention to the Bills of Lading mentioned above. This Article shall not prevent a Contracting State from applying the rules of this Convention to Bills of Lading not

cluded

the preceding paragraphs". Article 6 As between the Parties to this Protocol the Convention and the Protocol shall be read and

terpreted together as one single

strument. A Party to this Protocol shall have no duty to apply the provisions of this Protocol to Bills of Lading issued

a State which is a Party to the Convention but which is not a Party to this Protocol. Article 7 As between the Parties to this Protocol, denunciation by any of them of the Convention

accordance with Article 15 thereof, shall not be construed

any way as a denunciation of the Convention as amended by this Protocol. Article 8 Any dispute between two or more Contracting Parties concerning the

terpretation or application of the 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

ternational Court of Justice by request

conformity with the Statute of the Court. Article 9

accordance with paragraph 1 may at any time withdraw this reservation by notification to the Belgian Government. Article 10 This Protocol shall be open for signature by the States which have ratified the Convention or which have adhered thereto before the 23rd February 1968, and by any State represented at the twelfth session (1967-1968) of the Diplomatic Conference on Maritime Law. Article 11

struments of ratification shall be deposited with the Belgian Government. Article 12

struments of accession shall be deposited with the Belgian Government. Article 13

to force three months after the date of the deposit of ten

struments of ratification or accession, of which at least five shall'have been deposited by States that have each a tonnage equal or superior to one million gross tons of tonnage.

strument of ratification or accession determining the coming

to force such as is stipulated

paragraph

to force three months after the deposit of its

strument of ratification or accession. Article 14

ternational relations it is responsible, are those to which the present Protocol applies. The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming

to force of the Protocol

respect of such State.

cluding

their national legislation

a form appropriate to that legislation the rules adopted under this Protocol. Article 17 The Belgian Government shall notify the States represented at the twelfth session (1967-1968) of the Diplomatic Conference on Maritime Law, the acceding States to this Protocol, and the States Parties to the Convention, of the following: 1. The signatures, ratifications and accessions received

accordance with Articles 10, 11 and

2. The date on which the present Protocol will come

to force

accordance with Article

2. The notifications with regard to the territorial application

accordance with Article

2. The denunciations received

accordance with Article 14.

WITNESS WHEREOF the undersigned Plenipotentiaries, duly authorized, have signed this Protocol. DONE at Brussels, this 23rd day of February 1968,

the French and English languages, both texts being equally authentic,

a single copy, which shall remain deposited

the archives of the Belgian Government, which shall issue certified copies.