BWBV0006839
Geldig vanaf 04-06-2024
Artikel XXIX
Verdrag tot oprichting van het Caribische Noodhulp Management Agentschap
1. Participating States shall cooperate in order to facilitate the determination of legal proceedings and the settlement of claims under this Article.
2. In the absence of an agreement to the contrary the requesting State shall, in respect of death or injury to persons or damage to or loss of property or damage to the environment caused within its territory or under its control or jurisdiction by personnel of the requested State in the course of providing assistance:
a) not bring any legal proceedings against the sending State or persons or other legal entities acting on its behalf;
b) assume responsibility for dealing with all legal proceedings and claims brought by third parties against the sending State or against persons or other legal entities acting on its behalf except in cases of wilful misconduct or gross negligence;
c) hold the sending State or persons or other legal entities acting on its behalf harmless in respect of legal proceedings referred to in sub-paragraph (b);
d) compensate the sending State or persons or other legal entities acting on its behalf for death or injury to personnel of the sending State or persons or other legal entities acting on its behalf, and
e) for loss of or damage to non-consumable equipment or materials brought to the requesting State for the purpose of rendering assistance except in the case of the wilful misconduct or gross negligence by the personnel of the sending State.
3. Nothing in this Article shall be construed to prevent compensation or indemnity available under any applicable international agreement or national law of a Participating State nor to require the requesting State to apply paragraph 2 of this Article, in whole or in part, permanent residents.
2. In the absence of an agreement to the contrary the requesting State shall, in respect of death or injury to persons or damage to or loss of property or damage to the environment caused within its territory or under its control or jurisdiction by personnel of the requested State in the course of providing assistance:
a) not bring any legal proceedings against the sending State or persons or other legal entities acting on its behalf;
b) assume responsibility for dealing with all legal proceedings and claims brought by third parties against the sending State or against persons or other legal entities acting on its behalf except in cases of wilful misconduct or gross negligence;
c) hold the sending State or persons or other legal entities acting on its behalf harmless in respect of legal proceedings referred to in sub-paragraph (b);
d) compensate the sending State or persons or other legal entities acting on its behalf for death or injury to personnel of the sending State or persons or other legal entities acting on its behalf, and
e) for loss of or damage to non-consumable equipment or materials brought to the requesting State for the purpose of rendering assistance except in the case of the wilful misconduct or gross negligence by the personnel of the sending State.
3. Nothing in this Article shall be construed to prevent compensation or indemnity available under any applicable international agreement or national law of a Participating State nor to require the requesting State to apply paragraph 2 of this Article, in whole or in part, permanent residents.
- Citeren als
- Art. XXIX
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006839
- Officiële bron
- wetten.overheid.nl