492 



in tlio cortificnto undor i)nragrni)h 2 of this Article, before three months 

 Imve ehipsed from the dftte on which notice of its termination is given 

 to the authorities referred to in paragraph 4 of this Article, unless the 

 certificate has been surrenderetl to these authorities or h new certificate 

 has been issued within the said i)criod. The foregoing provisions shall 

 similarly apply to any modification which results in the insurance or 

 securit/y no longer satisfyhig the requirements of this Article. 



6. The State of registry shall, subject to the provisions of this 

 Article, determine* the conditions of issue and validity of the 

 certificate. 



7. Certificates issued or certified under the authority of a Contracting 

 Slate shall be accepted by other Contracting States for the purposes 

 of this Convention and shall be regarded by other Contracting States 

 as having the same force as certificates issued or certified by them. A 

 Contracting State may at any time request consultation with the 

 State of a ship's registry should it believe that the insurer or guarantor 

 named in the certificate is not financially capable of meeting the 

 obligations imposed by this Convention. 



8. Any claim for compensation for pollution damage may be brought 

 <lirectly against the insurer or other person providing finoncial secunty 

 for the owner's liability for pollution damage. In such case the de- 

 fendant may, irrespective of the actual fault or privity of the owner, 

 a\'ail himself of the limits of liability prescrib<ui in Article V, para- 

 paph 1. He may further avail himself of the defenses (other than the 

 bankruptcy or win<ling up of the o\^ner) which the owner himself 

 would have been entitled to invoke. Furthermort», the defendant may 

 avail himself of the defense that the jwUution damage resulted from 

 the wilful misconduct of the owner himself, but the defendant shall not 

 avail himself of any other defense which he might have been entitled 

 to invoke in proceedings brought by the owner against him. The de- 

 fendant shall in any event have the right to require the owner to be 

 joinetl in the proceedings. 



9. Any sums provided by insurance or by other financial security 

 maintained in accordance with paragraph 1 of this Article shall be 

 available exclusively for the satisfaction of claims under this 

 Convention. 



10. A Contracting State shall not permit a ship under its flag to 

 which this Article applies to trade unless a certificate has been issued 

 under paragraph 2 or 12 of this Article. 



11. Subject to the provisions of this Article, each Contracting 

 State shall ensure, under its national legislation, that insurance or 

 other security to the extent specified in paragraph 1 of this Article is 

 in force in respect of any shij), wherever registered, entering or leaving 

 a ])ort in its territory, or arriving at or leaving an off-shore terminal 

 in its territorial ^ea, if the ship actually carries more than 2,000 tons 

 of oil in bulk as cargo. 



12. Insurance or other financial security is not maintained in 

 rftsi)ect of a ship owned by a Contracting State, the provisions of this 

 Article relating thereto shall not be applicable to such ship, but the 

 shij) shall carry a certificate issued by the appropriate autnorities of 

 the State of the ship's registry stating that the ship is owned by that 

 State and that the ship's liaDility is covered within the limits pre- 



