1. | The maximum amount for which each operator may be liable under Article 6(1) or Article 6(2), in respect of each environmental emergency, shall be as follows: |
| (a) | for an environmental emergency arising from an event involving a ship: |
| | (i) | one million SDR for a ship with a tonnage not exceeding 2,000 tons; |
| | (ii) | for a ship with a tonnage in excess thereof, the following amount in addition to that referred to in (i) above: |
| | | – | for each ton from 2,001 to 30,000 tons, 400 SDR; |
| | | – | for each ton from 30,001 to 70,000 tons, 300 SDR; and |
| | | – | for each ton in excess of 70,000 tons, 200 SDR; |
| (b) | for an environmental emergency arising from an event which does not involve a ship, three million SDR. |
2. | (a) | Notwithstanding paragraph 1(a) above, this Annex shall not affect: |
| | (i) | the liability or right to limit liability under any applicable international limitation of liability treaty; or |
| | (ii) | the application of a reservation made under any such treaty to exclude the application of the limits therein for certain claims; |
| | provided that the applicable limits are at least as high as the following: for a ship with a tonnage not exceeding 2,000 tons, one million SDR; and for a ship with a tonnage in excess thereof, in addition, for a ship with a tonnage between 2,001 and 30,000 tons, 400 SDR for each ton; for a ship with a tonnage from 30,001 to 70,000 tons, 300 SDR for each ton; and for each ton in excess of 70,000 tons, 200 SDR for each ton. |
| (b) | Nothing in subparagraph (a) above shall affect either the limits of liability set out in paragraph 1(a) above that apply to a Party as a State operator, or the rights and obligations of Parties that are not parties to any such treaty as mentioned above, or the application of Article 7(1) and Article 7(2). |
3. | Liability shall not be limited if it is proved that the environmental emergency resulted from an act or omission of the operator, committed with the intent to cause such emergency, or recklessly and with knowledge that such emergency would probably result. |
4. | The Antarctic Treaty Consultative Meeting shall review the limits in paragraphs 1(a) and 1(b) above every three years, or sooner at the request of any Party. Any amendments to these limits, which shall be determined after consultation amongst the Parties and on the basis of advice including scientific and technical advice, shall be made under the procedure set out in Article 13(2). |
5. | For the purposes of this Article: |
| (a) | “ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms; |
| (b) | “SDR” means the Special Drawing Rights as defined by the International Monetary Fund; |
| (c) | a ship’s tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969. |