490 



3. For the purpose of availing himself of the benefit of limitation 



f>rovided for in paragraph 1 of this Article the owner shall constitute a 

 und for the total sum representing the limit of his liability with the 

 Court or other competent authority of anjr one of the Contracting 

 Stat€s in which action is brought under Article IX. The fund can be 

 constituted either by depositing the sum or by producing a bank 

 guarantee or other guarantee, acceptable \mder the legislation of the 

 Contracting State where the fund is constituted, and considered to be 

 adequate by the Court or another competent authority. 



4. The fimd shall be distributed among the claimants in proportion 

 to the amounts of their established claims. 



5. If before the fund is distributed the owner or any of his servants or 

 agents or any person providing him insurance or other financial secu- 

 ity has as a result of the incident in question, paid compensation for 

 pollution damage, such person shall, up to the amount he has paid, 

 acquire by subrogation the rights which the person so compensated 

 would have enjoyed under this Convention. 



6. The right of subrogation provided for in i>aragraph 5 of this 

 Article may also be exercised by a person other than those mentioned 

 therein in respect of anjr amount of compensation for pollution damage 

 which he may have paid but only to the extent that such subrogation 

 is permitted \mder tiie applicable national law. 



7. Where the owner or any other person establishes that he may be 

 compelled to pay at a later date in whole or in part any such amount of 

 compensation, with regard to which such person would have enjoyed a 

 right of subrogation under paragraphs 5 or 6 of this Article, had the 

 compensation been paid before the lund was distributed, the Court or 

 other competent authority of the State where the fund has been con- 

 stituted may order that a sufficient sum shall be i)rovisionally set aside 

 to enable such person at such later date to enforce his claim against the 

 fund. 



8. Claims in respect of expenses reasonably incurred or sacrifices 

 reasonably made by the owner voluntarily to prevent or minimize 

 pollution damage shall rank equally with other claims against the fund. 



9. The franc mentioned in this Article shall be a unit consisting of 

 sixty-five and a half milligranis of gold of millesimal fineness nine 

 hundred. The amount mentioned in paragraph 1 of this Article shall be 

 converted into the national currency of the State in which the fund is 

 being constituted on the basis of the value of that currency by refer- 

 ence to the unit defined above on the date of the constitution of the 

 fund. 



10. For the purpose of this Article the ship's tonnage shall be the 

 net tonnage of the ship with the addition of the amount deducted from 

 the gross tonnage on account of engine room space for the purpose of 

 ascertaining the net tonnage. In the case of a ship which cannot be 

 measured in accordance with the normal rules of tonnage measurement, 

 the ship's tonnage shall be deemed to be 40 i)er cent of the weight in 

 tons (of 2240 lbs) of oil which the ship is capable of carrying. 



11. The insurer or other person providing financial security shall 

 be entitled to constitute a fund in accordance with this Article on the 

 same conditions and having the same effect as if it were constituted 



