Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The vessel is Finnish and entitled to use the Finnish flag if a Finnish national or a Finnish legal person owns more than six tenths of the ship.
Under the conditions laid down by the Regulation, the Ministry of Maritime Affairs, hereinafter referred to as 'the Ministry of Maritime Affairs', shall, subject to the conditions laid down by the Regulation, adopt a vessel other than that referred to in paragraph 1, if a national of a State belonging to the European Economic Area, or A legal person established in accordance with the law, having its registered office, central administration or principal place of business in the European Economic Area owns more than six tenths of the vessel. Such approval shall be withdrawn at the request of the ship owner.
The Ministry may, subject to the conditions laid down by the Regulation, adopt a vessel other than those referred to in paragraphs 1 and 2, provided that the use of the vessel for navigation is a determining factor in Finland.
A vessel which, under paragraph 1, should be considered as a Finn, may be entered in the register of vessels of another Member State of the European Economic Area in accordance with the legislation of that State in respect of other Registration of vessels owned by nationals or legal persons.
Under the conditions laid down by the Regulation, the Ministry may authorise, in order to promote the shipbuilding and employment of the country, that a vessel which, pursuant to paragraph 1, should be considered as a Finn, be marked by a State other than that of the European Economic Area. In the shipping register as a ship in Finland, where a ship built in Finland, which, immediately after the manufacture of the vessel, is entered in the vessel register of such a State, and where there is a ship between the ship and the country of registration, under control Or the associated real link.
The Finnish vessel, which is used for merchant shipping, must be entered in the register of vessels in the register of vessels (512/93) In accordance with
The commercial vessel, which is used for shipping, must be a national book and other certification and ship records specified in the ship and traffic quality.
The registered office of a vessel registered in Finland shall be the port place of this country which, according to the owner's declaration, is registered as such.
The home of the other Finnish vessel or, if he does not live in this country, the City of Helsinki, is considered as the home of the other Finnish vessel.
The transfer of a registered or registered vessel shall be made in writing and in the presence of witnesses.
The transfer of the vessel to be auctioned shall be carried out in accordance with the separate provisions.
The provisions of this Article and Article 6 shall also apply to the shipping part.
Where a vessel or a transhipment is handed over to more than one person, and the person to whom the latter transfer took place has been entered in the register of vessels, the previous disposal of the vessel shall have been ineffective against him if his recovery occurred in good faith and Against consideration.
The injured vessel shall be declared as non-fit, when it is not possible to exercise it or, if it has to take place in another location, the vessel cannot be transported there, and also when the ship is not in favour of: To fix it.
When a ship is located in a foreign locality, the order to declare its fitness shall comply with the order in force there.
Articles 8 to 8c have been repealed by L 29.12.2009/16 .
A vessel which is not used for commercial shipping shall only be subject to the provisions of this law, if appropriate.
Vessel registration is provided for in the vessel register.
Vessel anchorage is provided for by ship anchorages (211/27) .
The lien on a ship shall be secured by a claim relating to a ship against the ship's ship that relates to:
(1) a salary or any other credit to be carried out on the basis of the action taken by the master or any other person on board;
(2) port, channel and other waterborne and credit charges;
(3) compensation based on personal injury associated with the use of the vessel immediately;
(4) compensation which must be made immediately following the damage caused by the use of the ship in connection with the operation of the vessel, if the claim cannot be established; and
(5) the rescue fee, compensation for the removal of the wreck and the payment of a common hat.
Paragraph 1 (3) and (4) shall not apply to the claim for compensation for nuclear damage.
The right of access shall also be valid for a ship owner who is not a ship owner or a vessel owner or otherwise operated as a shipmaster or otherwise.
The categories referred to in Article 2 (1) (1) to (5) shall be the subject of a numerical order of precedence. However, the amount referred to in paragraph 5 shall always be a privilege before the pre-existing claims referred to in paragraphs 1 to 4.
Each of the categories referred to in Article 2 (1) shall have equal access to the payment. However, the beneficiary of a later date, as referred to in paragraph 5, shall have the privilege of being born before.
With the exception of the case referred to in Article 7, the right to a seagoing ship shall remain in force, even if the ship's ownership is transferred to another or changes in the registration of the vessel.
Where the voluntary transfer of a ship to a foreign national gives rise to the cessation of the right of access to a claim for which the former owner was not personally responsible, or the impairment of the privileges, the donor is responsible for the In so far as it cannot be obtained from the ship. If several of them jointly own the vessel, the same applies to any person who has taken part in or consents to.
A ship or a ship under construction for repair or construction may be kept from a claim based on the performance of the ship or of the ship under construction. In this case, the trader's right to sell unclaimed by the law on the right to sell (688/88) Provides.
If the vessel has not been subjected to an attachment or foreclosure leading to a forced auction, the maritime lien shall cease to exist one year after the date of birth. The period of limitation may not be extended or suspended, but it shall not, however, occur when the legal obstacle is not allowed to be seized or foreclosed on the creditor's claim.
If the vessel is sold by means of foreclosure in Finland, the right of the lien and the right of arrest to the ship will cease after the purchase price has been made, provided that the transaction remains permanent.
The creditors are entitled to a fee for the purchase price in the order in which they are provided. Without prejudice to the limitation of the responsibility of the host Member State in Chapter 9, the beneficiary shall be subject to full control over the limitation of the liability of the ship-master, but shall not exceed the quantity which, according to these provisions, would not exceed the quantity.
The effect provided for in paragraph 1 shall be the effect provided for in paragraph 1 if the forced auction was carried out under the law of the State in accordance with the law of the State in accordance with the 1967 International Convention on the Rights of the Sea Provisions.
The provisions relating to the lien on the ship shall apply accordingly to a ship under construction from the time it has been placed in the water.
The lien on the loaded goods shall be as collateral:
(1) the claim for the payment of the rescue premium and the cost of the joint oxidation or any other cost to be allocated according to the same criteria;
(2) the claim based on the fact that the carrier, the haulier or the master pursuant to this law has concluded an agreement or has taken another measure for the cargo, and the claim of the cargo owner, based on: The sale of goods for the benefit of another cargo owner; and
(3) a claim on the basis of an agreement between the carrier or the haulier if it can be directed against it, which requires the supply of the goods.
The categories referred to in Article 9 (1) to (3) shall be a priority in numerical order. Access to payment shall be equal to the available access to the same paragraph. However, the claims referred to in paragraphs 1 and 2, arising from different events, shall be a privilege before the person who has been born before.
If the goods in question are delivered or sold for the vessel or for the cargo, the maritime right shall cease.
If the goods are sold by way of foreclosure, the right of seagoing lien shall cease once the purchase price has been paid, provided that the transaction remains permanent.
Any person who, without the consent of the creditors, disclose the claim that he knew or should have known as collateralisation of the claim, is responsible for carrying out the claim in so far as it cannot be obtained from the goods. The same responsibility lies with the recipient of the goods, otherwise he would not be liable in person if he knew about the claim.
The right to a sea deposit shall cease to be obtained within one year of the birth of the goods, unless the claim has been brought before it in order to obtain payment before it has been brought in the legal order, or if the goods have not been seized by the seizure of the goods or Subject to foreclidation. However, the limitation period does not apply to the extent that the goods may not be seized or foreclosed due to the legal obstacle.
If the claim has been brought to the seagoing counsellor, the action shall be deemed to have been initiated in order to obtain payment.
When the creditor is entitled to a number of deposits, each pledge shall be equal to the total amount of the claim.
In the event that a creditor receives a payment in respect of a larger amount of the deposit than the amount of that pledge had become, according to the relationship between the value of the various pledge at the time of the settlement of the lien, the holder shall, in relation to the excess, take it to the The court that the creditor had with other banks. The same right also applies to a creditor whose claim was made separately in so far as the pledge is not sufficient for him to pay for the claim of the previous creditor.
The creditor shall be entitled to payment of the lien on the subject of the lien before any other claim is available. A claim that is secured by the right of arrest within the meaning of Article 5 is the creditor's right to receive payment from the subject of the right of arrest immediately after the claim mentioned above.
The right of the lien shall remain in force, even if it is obtained or repossessed or otherwise transferred to another.
The lien shall not apply to compensation, on the basis of insurance or otherwise, for the destruction or damage of the ship or cargo. On the other hand, the right to arrest pursuant to Article 5 may be applied to the compensation in question.
In order to receive a contribution from a ship or a cargo to a claim secured by a maritime lien, the holder may be raised against the owner or the manager. However, in the case of a cargo, the owner of the vessel or the vessel owner, or the vessel which uses the ship instead of the vessel, shall not bring such an action against the master.
The provisions of this Chapter on the right to a seaboard and of the right of arrest to a ship shall be applied when a court is called upon by the Finnish authorities.
In the case of an appeal other than the right to sea, the right of arrest or any other such right as referred to in this Chapter, it shall be examined under the law of the State where the vessel is registered. However, such a right shall not be conferred on the right prior to the entry into force of the International Convention on the Rights of the Sea, or the 1967 International Convention on the Rights of the Sea and the Shipping. It must not be recognised, contrary to what has been said, in any way, and it must in no way produce better justice than that of the law closest to it.
Article 18 shall apply, mutatis mutandis, to a vessel under construction from the date of its calculation. The period before that is the law of the State where the ship is built.
The provisions of this Chapter shall apply to the seizure of the vessel in order to safeguard the requirement of the law of the sea referred to in this Chapter, which has been or may be brought in Finland or abroad.
The provisions of the chapter shall apply to a vessel entered in the Finnish vessel register or equivalent foreign register.
The provisions of the Chapter shall not apply to:
(1) Finnish vessels where the applicant has his habitual residence or principal place of business in Finland; and
(2) taxes and public charges and other public or comparable funds.
The seizure of a vessel in accordance with this Chapter shall apply: In Chapter 7 of the Court of Justice And in Chapters 3, 4 and 7 of the Enforcement Act, shall provide for the seizure and enforcement thereof, unless otherwise provided for in this Act.
The vessel may be ordered to be seized only on the basis of the law of the law of the sea referred to in Article 4.
The imposition of the guarantee shall also apply to: Chapter 7 of the Court of Justice Articles 1 and 2 provide for the conditions of seizure.
Where the applicant has a claim for a seagoing right to a ship within the meaning of Article 2 (2) of Chapter 3, the vessel may be ordered to be seized, even if it is not likely that there is a risk that the other party shall take the applicant's right to: In a dangerous way.
A 'sea law' requirement means a requirement which is based on one or more of the following criteria:
(1) damage caused by the collision or other means of the ship;
(2) death or personal injury caused by the ship or by the use of the vessel;
(3) sea rescue;
(4) an agreement on the use or rental of a vessel, either by means of a charter or by any other means;
(5) an agreement on the transport of goods on board, on the basis of a chartering contract or a conoscement or any other means;
(6) the loss of or damage to the goods or luggage carried on board;
(7) common oxygen;
(8) nautical;
(9) tow;
10) pilotage;
(11) the goods or equipment supplied for the use or maintenance of the vessel, irrespective of the place of supply;
(12) the construction, repair or equipping of the vessel or the docking fee;
(13) the salary or other credit to be carried out on the basis of the action taken by the master or any other person on board;
(14) the costs incurred by the master, the counsellor, the carrier, the shipyard or agent on behalf of the vessel or its owner;
(15) the dispute over the ownership of the vessel;
(16) a dispute between the ship-owners of the vessel's ownership, management or use or profit; or
(17) the affixing of the vessel or any other lien on the ship.
The rear depot may be applied to the ship covered by the Law of the Sea.
Where the requirement of the law of the sea is based on a point referred to in Article 4 (1) to (14) or (17), the seizure may be directed not only to the vessel referred to in paragraph 1, but also to the rest of the vessel in which the claim for the Law of the Sea has the same owner as the first subparagraph. For the intended vessel.
If any person other than the vessel's owner is personally responsible for the application of the law of the sea as referred to in paragraph 2, the seizure may be directed to the ship covered by the law of the sea, or to the vessel owned by the debtor.
Notwithstanding the provisions of paragraphs 1 to 3, the vessel may be ordered to be seized only if it may be subject to enforcement measures relating to the law of the sea in Finland.
The vessel shall be deemed to belong to the same person when the same person or persons own all its shares.
At the request of the same creditor, the vessel may be ordered to be seized only once on the basis of the same requirement of the Law of the Sea.
If a security has been lodged in order to secure the release of the vessel from the order of the sea, the vessel shall not be ordered to seize the same claim. However, the vessel may be ordered to be seized if the creditor appears that the security lodged is no longer valid or there are any specific reasons for the seizure.
The departure of the vessel assigned to the rear depot shall be prevented.
However, if the vessel has been ordered to seize on the basis of the criterion referred to in Article 4 (15) or (16), the Court may, for the period of seizure:
(1) allow the person under control of which the ship is in possession of the guarantee or other security to use the ship; or
(2) order the use of the vessel under other conditions.
In the case of the seizure of a ship under this law, the competent courts are set out in Chapter 21.
The provisions of this Chapter shall apply where two or more suitable for the exercise of commercial shipping in the form of a ship-owners' ship registered in the form of a ship-supply company.
In the shipbuilding company, each shipmaster shall be responsible for the obligations arising from the activities referred to in paragraph 1 only in proportion to its share of the ship.
Only to the extent that, according to Chapter 1, Article 1 of Chapter 1, a foreign vessel can only own shares in the shipping company.
Article 3 (2), Articles 4 and 5, Article 6 (2) and (3), Articles 7 and 10 to 13, Article 14 (1) and (2) and Article 18 shall apply, unless otherwise agreed.
A written agreement shall be drawn up on the establishment of a parent company.
The amendment to the contract shall be valid only if the change has been approved unanimously by all the shipmasters.
The shipboard meeting will be decided at the meeting of the shipboard meeting. An invitation to the meeting shall be sent to each of the ships at least one week before the meeting, by letter, telegram, telex or otherwise in evidence. The invitation shall include the items to be discussed at the meeting.
The meeting of the board of directors shall be convened by the master. The meeting shall also be convened if, in writing, shipmasters with at least one tenth of the total number of ships required to do so shall be required to do so. The convening shall be submitted within 14 days of the submission of the request. When the master cannot deliver or fail to deliver, it can be done by one of the masters.
Where a decision is to be taken on an emergency measure which is necessary to safeguard the company's right or to prevent damage to the company, or if the ships' masters are in agreement, the meeting may be held without paragraph 1 An invitation.
The meeting of the board of directors shall keep the record. A host who has not participated in the meeting referred to in paragraph 3 shall be informed of the decision.
The number of votes cast shall be calculated according to his or her share of the ship. The decision of the parent company shall, subject to paragraph 2, be subject to an opinion which has supported more than half of the votes cast. In the event of a tie, however, the President-in-Office of the Council will vote in favour of the opinion.
The decision taken at the meeting referred to in Article 4 (3) or which means liquidation of the company shall be valid only if more than half of all the votes of the company have been issued on its behalf.
The decision taken at the meeting of the board of directors is also binding on the ship-master, which has not arrived at the meeting.
There must be a master master in the company. The place of residence of the master must be within the European Economic Area. Where appropriate, the Ministry of Transport may grant derogations from the place of residence. It is also possible to choose a legal person domiciled in the European Economic Area. The master, who is resident or domiciled abroad, shall be obliged to appoint a representative who is resident or domiciled in Finland.
The Master's task is to manage the company's day-to-day management in accordance with the instructions given by the ship-masters and to act on behalf of the company in matters relating to it before the courts and other authorities. Without a special mandate, the master shall not be allowed to give up or rent a vessel or rent or harass the vessel for a longer period. The master shall not have the right to take or dismiss the master unless such authorisation has been given to him by a decision of the meeting of the shipboard meeting.
Headmaster is entitled to a reasonable fee for his task.
The master may at any time be relieved of his duties by means of a decision of the Board of Directors. If at least half of the ship is owned by the master, he may be relieved of his duties by a court order if there is a valid reason.
The host and the master are obligated to compensate the other shipmasters for the damage they have caused by the deliberate or negligent conduct of the host company.
As regards the settlement of damages and the division of liability between two or more liable parties, the (412/74) Chapters 2 and 6 provide.
Accounting and drawing up accounts shall be kept in accordance with, where appropriate, the accounting law (65/73) . The annual accounts shall be dated and signed by the main host. The master master shall issue financial statements and a report on the management of the company's affairs to the management company's meeting within three months of the end of the financial year. The budgetary term shall be a calendar year, unless otherwise agreed.
The content of the accounts of the parent company's financial statements is, where applicable, in force in relation to the open company and the commandiite company (389/88) Chapter 9, Section 3 Provides.
When, according to the company agreement, the ship-to-ship company will have to submit an audit or when the ship-masters, which have at least one tenth of all the shares, are required to do so, or at the same time as the ship-host company, During the last financial year, on average more than 30 persons, the audit shall be transmitted in accordance with, where applicable, what is provided for in Section 2 to 10 of Chapter 10 of the Law on the Open Company and the Commandiite Company.
Accounting L 655/1973 Has been repealed by the Accounting L 13,66/1997 .
The right to inspect the records of the management company and to obtain information on the company's activities is accordingly in force, as provided for in Section 15 of Chapter 2 of the Law on the Open Company and the Commandiite Company.
If the vessel owner wishes to blame the company's management company's financial statements, he or she will have to file a complaint against the main host within six months from the meeting of the shipboard meeting in which the financial statements were issued. If this period of time is neglected, the right to appeal has been lost unless the master has acted fraudulently.
Each shipmaster shall be obliged to contribute to the expenditure of the host activity in proportion to its share of the vessel. The host, who has failed to perform his or her share of the expenditure incurred in the main measure, is obliged to pay interest on late payment to the principal host or to the other ship in the interest of the shipowner (263/82) In the manner prescribed.
The profit and loss of the financial year generated by the host activity shall be distributed among the ship-masters in proportion to their share of their vessels.
In accordance with Article 10, the proportion of the costs incurred by the other ship's share of the vessel is entitled to increase the profit rate calculated on the basis of the latter's share of the ship's ship.
If the transhipment is transferred to another, the transferee shall immediately inform the master of the transfer.
If the master loses the nationality of Finland, he shall immediately inform the master.
The master shall be obliged, without delay, to inform the other shipmasters of the notification referred to in paragraphs 1 and 2, as provided for in Article 4 (1).
If the share of the ship in any other way than the public auction has passed to another ship of the host company, each of the ships shall have the right to redemption. However, the right of redemption shall not exist if the ship's share has been transferred to the spouse of the owner or to the claimant or to his spouse, except in the case referred to in paragraph 2.
Notwithstanding the provisions of paragraph 1, the ship-owner's every Finnish ship-master shall have the right to redeem the part of the ship if the ship-owner has lost Finnish nationality or if the ship's share has been transferred to another and ceases to exist. Be Finnish.
A host who wishes to redeem the part of the ship shall inform the transferee within two months of the date of dispatch of the information referred to in paragraphs 1 or 2.
If a number of people wish to exercise their right to claim redemption, everyone shall have their right to cash in proportion to their share. The redemption shall be the real value of the ship's share.
The shipowner whose share has been transferred to another vessel shall be responsible to the other ship-masters from the obligations he had at the time of the transfer and from the obligations arising after the transfer, but before the notification of the shipment has arrived To the master master.
As soon as the ship is transferred, the new ship-master will become justified and binding in relation to other shipmasters. He shall be bound by decisions and measures taken prior to extradition as they were bound by his recovery. Other ship-masters may, for their profit share, deduct contributions related to the host activity which were owed by him.
The carrier shall be responsible for the obligation arising from the host activity to a third person prior to the transfer. He shall also be responsible for the obligation arising after the transfer to a third person in good faith until the transfer is entered in the register of vessels. The new vessel owner will only reply to a third person from the obligation which was incurred after the transfer.
Shipbuilding has the right to require the dismantling of the shipping company:
(1) if the ship-master has terminated the company contract and the period of notice has elapsed, or when the agreed period has expired;
(2) if the other ship master is declared bankrupt or the shipping portion is foreclosed;
(3) if the court has separated the master's host;
(4) where the other vessel is essentially in breach of the obligations arising from the company's contractual obligations or is continuing to use its position in the shipbuilding company in breach of the company's interests, or if the company's continued operation would be in the company's operating conditions; Because of an essential change in the circumstances affecting the ship-host; or
(5) if a ship belonging to the company ceases to be Finnish and has been removed from the register.
In addition to the provisions laid down in paragraph 1, the failure of the ship-master's bankruptcy or of the foreclosure of his/her part of the ship in the event of a foreclosure and the foreclosure of the foreclosure in the case of foreclosure took place in order to require the dismantling of the shipping company.
If the ship-master has terminated the company contract, the ship's management company shall be terminated six months after the termination, provided that no other period of notice has been agreed. If the ship-owner relies on the termination of a company period in accordance with the company contract, the company shall be liquidated at the end of the company period or, if the redemption period referred to in Article 17 (3) is still outstanding at the end of the agreed period, the redemption date After closing. In the case referred to in paragraph 1 (2) to (5) and (2), the company shall be dissolved immediately after the expiry of the period of redemption referred to in Article 17 (3).
The requirement for the winding-up of the shipboard company or for the clarification referred to in Article 16 shall be presented to the master. However, if the landing criterion in the case referred to in paragraph 1 (3) and in the case referred to in paragraph 4 is directed at the master, the requirement shall be addressed to the other ship-masters. The master shall, without delay, give the requested information to the other masters.
When a shipping company is to be demolished pursuant to Article 15, the company shall, at the request of the vessel owner, be determined. The procedure to be followed shall apply mutatis mutandis, as provided for in Articles 10 to 17 of Chapter 5 of the Law on the Open Company and the Commandiite Company, unless the shipmasters unanimously agree on the other procedure.
In the case referred to in Article 15 (1) (2), the agreement referred to in paragraph 1 shall not be concluded without the consent of the bankruptcy, the foreclosure creditor or the foreclosure buyer.
As opposed to the dismantling of the shipping company, the vessel may be redeemed by another vessel owner, in respect of which the landing criterion referred to in Article 15 (1) exists. Where the liquidation of a company is required on the basis of Article 15 (1) (5), the claim for redemption may not be claimed by the ship-owner who, prior to the establishment of this ground of landing, was entitled to redeem the part of the transhipment.
In the case referred to in Article 15 (1) (2), the legal value may be redeemed only with the agreement of the bankruptcy or the forecluse creditor.
In the cases referred to in Article 15 (4), the master shall inform the other ship-masters in the cases referred to in Article 15 (4) within one month of receipt of the liquidation requirement under Article 15 (1) or (2). If no notification is made within the time limit, the right of redemption has been lost.
Article 13 (4) shall apply to the redemption procedure under this Article.
When the shipping company is unloaded, a vessel belonging to the company shall be sold.
The Head of the Finnish merchant vessel may only act as a national of a Member State of the European Union or of a State belonging to the European Economic Area. (16.5.2008/310)
Paragraph 2 has been repealed by L 29.12.2009/16 .
A ship owner, owning more than half of the ship, is entitled to act as its master if he has the capacity to do so. If the wage conditions are not agreed, they are determined by arbitrators or by a court.
Before the commencement of the journey, the master shall ensure that the ship is seaworthy in relation to the time of the year and shall also ensure that the vessel is properly manned and equipped with the required Supplies, and that cargo holds, refrigeration and freezing facilities, as well as other areas of the vessel to which the goods are loaded, are in good condition for the reception, transport and storage of the goods, and that the stability is adequate.
During the journey the master shall ensure that the ship is kept in an appropriate condition.
If the ship's seaworthiness is defective or defective, which cannot be rectified immediately, the master shall immediately inform the master of the ship. If the master does not wish to repair the defect or defect, the master shall have the right to resign immediately.
Before the commencement of the journey, the master shall ensure that the intended route is planned by means of appropriate maritime maps and maritime publications in the area concerned.
The route plan shall identify the vessel's path in such a way that:
(1) take into account the route-sharing system that affects the journey;
(2) guaranteeing a sufficient maritime space for the safe passage of the ship as a whole;
(3) anticipate known shipping risks and adverse weather conditions; and
(4) take into account the relevant measures to protect the marine environment and, as far as possible, avoid activities and measures that could cause damage to the environment.
The master shall ensure that the ship has the certificates and ship records provided for in Chapter 1, Chapter 1, and the copy of this law.
The consent of the master shall not include the purchase of the goods on its own account or on behalf of another. If that happens, the master must pay the freight and compensate for the damage.
When the chief is absent or is an obstacle, the overheads will make the decisions that will not tolerate delay.
If the master leaves the ship, he shall report it to the first officer on the top of the ship or, unless one of the co-workers is present, to another crew member and shall provide the necessary instructions.
When the ship is not affixed to a port or otherwise safe anchorage, the master may not leave the ship unless it is necessary. If there's a threat, he can't be off the ship.
If the master dies or the illness or other compelling reason becomes unable to carry the ship or if he leaves his post, the first officer shall take his place until the new master is ordered. These cases shall be notified without delay to the ship-master.
The master shall ensure that the loading and unloading takes place and the distance is carried out as quickly as is appropriate.
Before the master starts to save another vessel or goods, he shall be careful to consider whether or not he is applying his duties to those whose rights and interests must be supervised.
The master shall ensure that the vessel is transported and processed in accordance with the good seamanship.
The master or any other person, as referred to in Article 2 of the Law on the Safety of Vessels, shall not impede or restrict a decision taken by the master of the vessel, which, according to the master's professional judgement, is necessary for the human life Safety at sea or the protection of the marine environment. (12 JANUARY 2007)
The Chief shall be obliged to obtain information on the provisions in force and instructions in the places where the vessel is travelling.
In the event of a war or a blockade, the master shall obtain an explanation of what is to be taken into account in order to secure the ship and cargo.
The master shall summon the pilot when it is necessary to ensure the safety of the vessel.
A master who meets a sea beam shall be obliged to do so without causing a serious risk to his own ship or to the crew or to any other ship, to provide all assistance, which is possible and necessary To save.
If the master has otherwise known that someone is in distress, or if he has been informed of any threat to maritime transport, he is obliged to take action to save or avert a danger if it can: Without causing a serious risk to its own ship or to the crew or to any other vessel.
The master's obligation to provide assistance, when his ship has collided with another vessel, is set out in Section 5 of Chapter 8.
If a ship is in danger of being exposed to a ship which may present a danger to the occupants of the ship, the master shall, without delay, notify the issue of the sea: (145/2001) To the Marine Rescue Centre or to the Marine Rescue Centre or to any other unit in the area leading the search and rescue operation.
When the ship is in distress, the master is obliged to do everything in his power to save the ship and to protect the ship and the cargo. He shall, to the extent possible, provide for the capture of shipping documents and the rescue of the vessel and cargo.
The master shall not leave the ship as long as there are reasonable hopes for saving it, unless his life is in serious danger.
When the rescue measures are taken, the master shall lead the rescue effort, unless the law of the locality prohibits or the rescue agreement prevents it. For all that is saved, including the number of people who take part in the transport of the goods and the place where the goods are stored, and for the work carried out therein, the master, himself or the first officer, shall be given precise indications. He is also obliged to check and sign the invoices to confirm the costs of the rescue work.
The master shall, as soon as possible, provide for the inspection of the ship and of the rescued goods as provided for in Article 25 (25) of Chapter 18 and shall ensure that the goods are collected in a suitable manner.
The master of the vessel shall inform the ships in the vicinity and in the Finnish waters of the maritime installation and in any other area of the dangerous residue of the maritime safety authority, body, body or system, In the form of remnants or wreckage, of a wind of at least 10 boon which has not been subjected to a storm warning, or any other immediate danger to shipping, as well as to the incorrect or incorrect operation of the safety device of the navigation device; or Of the disappearance.
The Chief Executive shall, on behalf of his ship, be entitled to:
(1) take legal action concerning the protection of the ship or the conduct of the journey;
(2) conclude contracts for the carriage of goods for carriage and passengers, when the vessel is intended to carry passengers; and
(3) the position on the ship.
If money is needed for that purpose, the master can obtain funds by borrowing or selling the ship's ship's goods or, in an emergency, cargo.
Although the legal action was not necessary, it is binding on the ship-master if the third person was in good faith.
The master shall, in the course of a journey, inform the ship of the ship of important measures which he has deemed necessary for the purposes of the ship and the safety of the vessel, the travel expenses and the legal acts carried out during the journey, and all, Which, by the way, can be useful for the ship's master. Before taking important measures, the master, when circumstances permit, shall obtain a provision from the ship-master itself or from the Ombudsman. If the money is needed for the ship and the ship-master's orders cannot be expected, the master will have to raise funds in a manner which is best for the ship's master.
If a vessel is foreclosed or transferred from debt to a seizure, and if the ship documents show that the ship is mortgaged, the master shall immediately notify the vessel and the registry authority of the measure.
During the journey, the master shall take careful care of the cargo and otherwise monitor the rights and interests of the cargo owner.
On behalf of the cargo owner, the Director shall, on behalf of the holder of the cargo, take legal action and carry out a position on cargo in accordance with the provisions of the carrier or carrier.
The chief is not personally responsible for the commitments he has made on behalf of the shipmaster or the cargo owner.
The Chief shall be obliged to pay compensation for the damage he or she has caused by a failure or omission to the ship, the cargo owner, or any other person whose right and interests are to be controlled.
Compensation for damages, which the master is obliged to carry out, may be adjusted according to the amount of the guilt assigned, the amount of the damage or other circumstances. However, the liability of the worker in the position of the worker in charge of liability is subject to the provisions of the law on compensation.
The master shall make an account of when the ship-master so requires. If the vessel owner wishes to blame the account, he shall lodge an application within six months of receipt of the account. If the account does not occur within this period, the vessel owner shall have lost his right of veto, unless the master has acted fraudulently.
The master shall, in the interests of the master of the ship, read all the special credit he has received from the cargo giver, charterer, cargo owner, acquirer, or any other person with whom he or she has had anything to do, unless he has obtained The express consent of the shipmaster to keep it.
If the master himself owns more than half the ship, the court of another ship's master may be dismissed by the court if there are valid reasons.
The master's duties on the collision of the vessel shall be laid down in Chapter 8 and the date of submission of the logbook, the marine life and the report, as well as the delivery of the survey in Chapter 18.
Unless otherwise provided in this law or elsewhere by law, the vessel shall be liable for the damage suffered by the ship's master, crew, pilot or any other person not belonging to the ship's crew, who, on behalf of the vessel or master, works on the ship Is made by a defect or omission in the act. If the person responsible for the damage is also responsible for the damage, he shall be responsible only for the amount that cannot be obtained from the ship's master.
The prisoner who has paid compensation for the damage referred to in paragraph 1 shall be entitled to claim the amount of the damage he has carried out on the basis of the criteria for liability. According to the same criteria, the damage caused to the ship's ship is caused by the damage caused to the ship.
The limitation of the burden of responsibility is laid down in Chapters 9 and 13 to 15.
The liability of the vessel owner for the ship-source oil damage and the limitation of liability of the ship owner is laid down in Chapter 10. (13.10.1995/421)
For a Finnish vessel with a gross tonnage of 300 or more, the ship-master shall be obliged to maintain and maintain a declaration or set up a European Parliament and Collateral within the meaning of Council Directive 2009 /20/EC. The guarantee or security shall cover the liability arising from Article 9 (1) to (4) of Chapter 9 up to the amount referred to in Article 5 (1) of Chapter 9.
The obligation referred to in paragraph 1 to take and maintain insurance or to lodge a security shall also apply to a foreign vessel with a gross tonnage of 300 gross tonnage or more where the vessel:
(1) entering or leaving the Finnish port;
(2) entering or leaving the anchorage or waiting area in the Finnish waters; or
3) use the Finnish waters for non-transport purposes.
In the Finnish waters, the term 'territorial waters and inland waters' shall be understood.
Paragraphs 1 and 2 shall not apply to warships, naval auxiliaries or other vessels owned or operated by a State and used for non-commercial public services.
The declaration or security referred to in Article 2 shall be evidenced by an attestation issued by an insurer or a guarantor, which shall include at least:
(1) the name of the vessel and the IMO identification number and the port of registration;
(2) the name and principal place of business of the vessel owner;
3) the type and duration of the insurance or security; and
(4) the name and principal place of business of the insurer and, where appropriate, the place of business where the declaration is made.
If the language used in the certificate referred to in paragraph 1 is not English, French or Spanish, the text shall be accompanied by a translation into one of those languages.
The duty of the master shall ensure that the certificate referred to in paragraph 1 is kept on board.
What is to be observed on board in order to avoid a collision shall be specified separately.
If the vessels collide in such a way as to cause damage to one or both of the vessels or to the goods or persons on board, and if the other party is guilty of it alone, it shall replace all the damage it produces, and Loss.
Where both parties are guilty, they shall reimburse the damage in proportion to the quality of the errors committed on both sides and in relation to their consequences, and shall, subject to Article 3, be responsible only for their part. If the circumstances do not give aid to any given key, each must be compensated for half of the damage.
In assessing the issue of the production resulting from the collision, the Court must, in particular, take into account whether or not there was time to consider.
The compensation for damage caused by the collision caused by the collision shall be jointly and severally liable. If one of the persons liable for compensation has done more than their share, the excess shall be recovered from the other person liable. The latter shall have the right to invoke such a claim against the same grounds of exemption or limitation to which he could invoke against the injured party the provisions of this law or of the law of a foreign Or on the basis of a contractual relationship based thereon. However, the contract shall not be invoked to relieve or restrict liability beyond the provisions of Chapters 13 to 15 or the corresponding foreign law.
If the collision has been caused by an accident or, unless it can be shown that either party has caused it, both parties are liable for the damage they have suffered.
When a vessel has collided with another vessel, the master shall be obliged if he can do so without placing his vessel or its crew or other persons on board at serious risk, to give another vessel and the Any assistance available to them, which is necessary to save them from the risk arising from the collision. The master shall also inform the master of another vessel of the name and address of his vessel, the place or port from which the vessel enters and where it is headed.
What is provided for in this law in the event of a collision shall also be complied with when the ship is controlled or otherwise caused damage to another vessel or to any person or goods in that ship, even if the vessels do not collide.
Shipmaster shall have the right to limit its liability in accordance with the provisions of this Chapter. The same right shall be exercised by the owner of a vessel who is not a vessel owner, for which, in place of the ship's ship, is responsible for the use of the vessel, the shipbuilder, the cargo giver and any person who carries out the tasks directly related to the rescue. Salvation also means the measures referred to in Paragraph 2 (1) (4) to (6).
Where a liability is addressed to a person responsible for which the vessel or other person referred to in paragraph 1 is responsible, it shall also be entitled to limit its liability in accordance with the provisions of this Chapter.
The insurance provider, which has issued a declaration in accordance with this Chapter to cover a limited liability, shall have the same right to a liability limit as the beneficiary.
The right to liability shall be limited to the basis of liability, irrespective of the basis of the exposures arising from:
(1) personal or material injury, if the damage is generated on board or in direct contact with the use or salvation of the ship;
(2) damage caused by the delay in the carriage of goods, passengers or passengers by sea;
(3) other damage if it has caused an infringement of a non-contractual right and has arisen in direct contact with the use or salvation of the ship;
(4) measures aimed at the removal, removal, destruction or non-neutralising of a ship which has been uponent, washed, abandoned or rejected;
(5) measures aimed at the removal, destruction or rendering of the vessel's cargo; and
(6) measures to prevent or limit liability and damage caused by such measures.
Where a creditor is entitled to a liability restriction based on the same event as the acquisition, the limitation shall be limited to the extent to which it exceeds the amount of the exposure.
The right to liability does not apply to:
(1) the rescue premium, including the special compensation referred to in Article 9, Section 9 of Chapter 16, for a joint search fee or for an agreement based on an agreement as referred to in Article 2 (1) (4), (5) or (6); (22/02/1363)
(2) the receipt of an oil injury resulting from Article 2 (1) of Chapter 10; (13.10.1995/421)
(3) the existence of an international convention regulating or prohibiting liability for nuclear damage or under national law;
4) due to nuclear damage caused by a nuclear vessel;
(5) due to the damage caused to the master, to the crew, to the pilot or to any person who is not part of the ship, to the shipmaster or to the person who works for the ship, or to a person whose duties Associated with the use or redemption of the ship; and
6) interest or reimbursement of costs.
The right to liability does not concern the person who appears to have caused the damage intentionally or through gross negligence, knowing that such damage would probably arise.
Where there is a right to a liability restriction, the amount of responsibility shall be determined as follows:
(1) the exposure limit for personal injury suffered by ship passengers is 175 000 special drawing rights ( Special Drawing Right, SDR ) Multiplied by the number of passengers whose vessel is authorised to carry it according to the certificate issued;
(2) For exposures other than personal injuries other than those referred to in paragraph 1, the liability category of a vessel with a gross tonnage of 2 000 gross tonnage is EUR 3,02 million; if the gross tonnage of the vessel exceeds 2 000 gross tonnage, the exposure limit shall be increased:
(a) 1208 SDR from each entity if the units are at least 2,001 and not more than 30 000;
(b) SDR from each entity if the units are at least 30 001 and not more than 70 000;
(c) 604 SDR from each entity if there are more than 70 000 units;
(3) claims other than those referred to in paragraphs 1 and 2, and exposures to which the amounts referred to in paragraph 2 are not sufficient, the liability category of a vessel with a figure of not more than 2 000 shall be equivalent to 1,51 million SDR; if: The tonnage indicator exceeds 2 000, the exposure limit shall be increased:
(a) 604 SDR from each entity if the units are at least 2,001 and not more than 30 000;
(b) 453 SDR from each entity if the units are at least 30 001 and up to 70 000;
(c) 302 SDR from each entity if there are more than 70 000 units.
(17/05/872)The liability categories provided for in paragraph 1 shall relate to the sum of all amounts receivable from the same event for the ship-owner, the owner of the vessel, which is not the vessel owner, the ship-owner, and the vessel owner, The shippers of the ship and the cargo provider or conductor for which the vessel is responsible.
In the case of rescuers who do not carry out the rescue work from the ship or who work exclusively from the ship subject to the rescue, the liability limits shall correspond to the liability limits of the ship with a tonnage of The figure is 1,500. The liability categories relate to the sum of all claims arising from the same event and to the saviour or conductor referred to in this paragraph, the activity of which he is responsible.
Vessel tonnage means gross tonnage calculated in accordance with the provisions of Annex 1 to the International Convention for the Measurement of Ships of 1969 (SopS 31/82). Special drawing rights shall mean the unit of account defined in Article 2 (2) of Chapter 23.
Each amount of responsibility shall be allocated among the creditors in proportion to the amounts of the receivables to which the exposure limit is valid.
If the amounts referred to in Article 5 (1) (2) are not sufficient to pay the claims mentioned therein, the balance referred to in Article 5 (1) (3) shall be paid with the same rights as those mentioned therein.
Where a vessel owner or someone else has paid in full or in part before the allocation of the exposure amount, he shall have the rights of the creditor in respect of the amount he has paid.
When the ship manager or someone else shows that in future he may have to pay, in part or in full, an amount receivable that he would have been able to obtain in accordance with paragraph 3 if the claim had been paid before the The allocation of responsibilities, the Court of Justice may order the funds to be set aside for the time being, so that he may present his claim later.
A limitation fund may be established if a claim is brought in Finland to a request that is subject to a restriction of liability or if a request for seizure or other legal action is requested. The Fund shall be set up in the area of the Law of the Sea where the action has been brought or is competent in accordance with Chapter 21 in the place where the seizure or other legal measures have been requested.
The limitation fund shall be deemed to have been established on behalf of all persons who may invoke the limitation of liability. The fund shall be deemed to be justified only for the payment of claims that are subject to the limit of liability. (25.8.2000)
Once a relief fund has been set up in Finland, an action against the limitation of liability can be brought only in the context of a restriction trial. The same applies to the question of whether the founder of the fund has a right to liability and an action on the division of the fund.
The founder of the fund, his insurer and the person who is subject to a liability restriction shall have the right to initiate a restriction trial.
The Restriction Fund and the restricted procedure are laid down in Chapter 12.
On the basis of that request, the person who has made a claim to the Finnish Restriction Fund established in Finland or the Protocol to the amending Protocol cannot, on the basis of that request, obtain a seizure, any other security measure or exit from the ship, or In other assets, where the property belongs to someone for whom the fund was set up and which is entitled to liability. (25.8.2000)
After the establishment of a relief fund in Finland, Norway, Sweden or Denmark, no ship or other property belonging to a person whose behalf is established and is entitled to a liability restriction shall not be subject to: A seizure, other security measure and no returnees due to a claim that may be required from the Fund. If the precautionary measure or exit has already been implemented, this measure shall be repealed. The security that has been placed in order to avoid a seizure, any other security measure or omission or to revoke such a measure shall be released.
Where a restriction fund has been set up in a State other than that referred to in paragraph 2, which has acceded to the Convention referred to in paragraph 1, a request may be suspended, any other measure of recourse or removal may be refused, the measure repealed or The security is released. The request shall be refused and, when the fund has been established before the measure has been taken or the security lodged, the measure shall be repealed and the security lodged free if the Fund has been established:
(1) in the port where the event justifying the claim has occurred or, where the event has not occurred at the port, in the first port to which the vessel has arrived after the event;
(2) in the landing port, if it means personal injury to the person on board; or
(3) in the port of landing, if it means the damage to the cargo.
Paragraphs 1 and 3 shall apply mutatis mutandis where the limitation fund was established in accordance with this law in Finland or, as long as Finland is a Contracting Party to the 1976 Convention, the other Convention of 1976, but not In the State Party to the amending Protocol. The provisions of paragraphs 1 and 3 may be applied mutatis mutandis where it is established that a restriction fund established in a non-Contracting State other than that of the abovementioned Convention or of the Protocol is to be assimilated to Article 7. Within the meaning of the Fund. (25.8.2000)
The provisions of this Article shall apply only if the creditor can make claims to the Restriction Fund before the Court of Justice or with the authority in which the limitation fund is in place, and if he has the possibility to withdraw and transfer the Fund Amount receivable in another country.
The limitation of liability may be invoked even if the restriction fund is not established.
Where an application for a limitation of liability has been brought, the Court shall, in application of the provisions of this Chapter, take into account only the person concerned in applying the provisions of this Chapter. If the defendant wishes to ensure that the limitation of liability is also taken into account, the condition for which the same amount of exposure is valid must be included in the judgment.
The enforcement of a judgment which does not include the condition referred to in paragraph 2 shall be governed by the provisions of the enforcement law. Where such a condition is included in the judgment, the judgment may be implemented without prejudice to the establishment of the restriction fund and the Court of Justice, pursuant to Article 8, state that the application for enforcement of the judgment must be rejected.
Where a restriction fund has not been set up, the parties may leave the question of the amount of the exposure amount and the amount of the amount to be settled by the seer. The action brought by the marine counsellor shall be brought in the same order as the action brought against the marine casualty report.
The liability categories of a warship or any other vessel which, at the time of the occurrence of the claim justifying the claim, has been owned or operated by the State and used exclusively for non-commercial purposes, shall not: Liabilities of a ship with a gross tonnage of 5 000 gross tonnage. However, if it means compensation for damage caused by the specific characteristics of such a ship or for damage resulting from special use, there is no right to liability. However, what is provided for in this paragraph does not apply to the vessel used primarily for de-icing or rescue. (25.8.2000)
The liability category of a ship constructed or modified for the recovery of the seabed by the extraction of natural resources is 36 million of the assets referred to in Article 5 (2) and Article 5 (3) of SDR 5. , where the requirements relate to damage resulting from the start of the drilling operation. Compensation for oil pollution is provided for separately. (25.8.2000)
Ferries intended for research or recovery of natural resources shall be considered as vessels for the purposes of this Chapter. However, liability limits for ships shall always correspond to the amounts provided for in paragraph 2.
Articles 1 to 10 shall apply where the limitation of liability is required by a Finnish court or by another Finnish authority. However, in the event of a claim within the meaning of Article 3 (5) and if the law of the State which acceded to the Convention referred to in Article 8 (1) is applicable to the service contract, the question of the application of the liability limit and the liability limit shall, however, be Be settled in accordance with that law.
The provisions of Articles 1 to 10 shall not preclude the application of the provisions in force on the application of liability for damages.
For the purposes of this chapter:
(1) With oil Crude oil and all petroleum products derived therefrom;
(2) On permanent oil Permanent mineral oil, such as crude oil, heavy combustion and diesel oil, lubricating oil and other indelible oils;
(3) Oil damage The damage and costs of pollution caused by the ship outside the ship and the damage and costs arising from the control measures; other damage related to the deterioration of the environment other than the loss of earnings, however, covers only the environment The costs arising from the reasonable and actual measures taken or to be carried out as a result of return;
(4) Measures to combat All appropriate measures taken after the accident to prevent or limit pollution damage;
(5) Injury event, An event or sequence of events of the same origin causing the risk of oil damage or serious and imminent oil damage;
(6) Owner of the vessel The owner of the vessel entered in the register or, unless the vessel is registered, the owner of the vessel; if the company is registered with the company, this company shall be regarded as the owner of the vessel;
(7) On board Any watercraft and other floating device suitable for the purpose of towed or towed by another vessel;
(8) The 1992 General Agreement The 1969 International Convention on Civil Liability for Oil Pollution Damage (SopS 80/80), as amended by oil pollution damage By the Protocol amending the International Convention on Civil Liability in 1969;
(9) State Party The State which acceded to the 1992 Convention; and
(10) In the eez of Finland The area defined by the Finnish Law on Economic Zone (1058/2004) . (7.11.2008/686)
The provisions of this Chapter shall apply in Finland or in the exclusive economic zone of Finland or in another Contracting State or in the exclusive economic zone of another Contracting State, if the cause of the injury is the release of permanent oil from a ship which is: Constructed or modified to transport permanent oil as a bulk carrier. However, a vessel which can carry both permanent oil and other cargo, shall, however, only apply when the ship carries a permanent oil as a bulk carrier and such transport on the following voyage, unless it is shown that the ship does not have: Residue from permanent oil transported in bulk. The provisions also apply to Finland or the Finnish Economic Zone or to the territory of another Contracting State or the Economic Zone for the damage caused by the measures against pollution damage caused by the above oil pollution damage, and , irrespective of the place where these measures have been taken. (7.11.2008/686)
Paragraph 1, which provides for the exclusive economic zone of another Contracting State, shall also apply to the territory of which the State, if it has not established an economic zone, has, under international law, determined immediately outside the territorial sea of that State And which extends to a maximum of 200 nautical miles from the baselines used to measure the territorial sea of the State.
On the application of this law to an oil spill caused by a warship or other ship used exclusively for non-commercial purposes, or for a vessel other than those referred to in paragraph 1 and non-permanent Article 16 provides for oil pollution caused by oil. The oil damage caused by a vessel which has been constructed or modified to carry a permanent oil as a bulk carrier, but which does not have a connection point within the meaning of paragraph 1, shall apply as provided for in Article 17.
The provisions of this Chapter shall apply without prejudice to any other provision of foreign law before the Finnish court.
This Chapter shall not apply where its application would conflict with Finland's obligations under international agreements.
The owner of the vessel shall be obliged to reimburse the damage to the oil referred to in Article 2 (1) and (3), even where no damage has been caused by himself or by any of his or her responsibilities. When the injury event is made up of several events of the same origin, the person responsible for the damage is the person who was the owner of the ship in the event of the first event.
However, the owner of the vessel shall be free of liability if he demonstrates that the damage was caused;
(1) military action, hostilities, civil war or insurrection, or an exceptional, inevitable and overwhelming natural phenomenon;
(2) any act or omission carried out by a third person for the purpose of damage to property; or
(3) entirely in the maintenance of lighthouses or other means of navigation, when carrying out an error or omission by a mandatory authority in carrying out this task.
In accordance with this Chapter, compensation must also be paid to the person who, on the basis of a provision under the law, is obliged to take control measures.
If the injured party has contributed to the injury, the compensation may be adjusted accordingly.
An action shall be taken against the owner of the vessel for the compensation of the oil damage referred to in Article 2 (1) and (3) only under this Chapter.
Compensation for the loss of oil referred to in Article 2 (1) and (3)
(1) in the service of the owner of the vessel or of the owner of the vessel owner or of the crew,
(2) Pilot or other person, who does not belong to the crew, on behalf of the ship,
(3) from a shipowner who does not own a vessel or any other person who, instead of the owner of the vessel, uses the vessel, the carrier, the cargo giver, the shipyard, the receiver or the owner of the cargo,
(4) from the person who, with the consent of the vessel owner, the shipowner or the master, or the authority of the authority, carries out the rescue work;
(5) the operator of the control measures, or
(6) from a person employed by the person referred to in paragraphs 2 to 5, or an agent,
Unless the person concerned has caused deliberate or serious negligence, knowing that such damage would be likely to arise.
Compensation for damage caused by a person referred to in Article 2 (1) (1), (2) and (4) to (6) shall only be claimed by the person who caused the damage if it has caused the damage intentionally or through serious negligence, in the knowledge, That such damage is likely to arise. However, the compensation to be paid to an employee or an official shall, however, be subject to the provisions of the law on damages and the contract law (32070) Provides for the liability of an employee or an official.
The owner of the vessel shall be entitled to limit its liability under this Chapter to the amount corresponding to 4.510.000 SDR for a vessel with a figure of not more than 5 000 tonnage. If the tonnage indicator is greater than 5 000, the exposure limit shall be increased by 631 SDR per unit of tonnage. However, the maximum amount of responsibility is 89.770.000 sdr. The right to liability is not subject to interest or costs. (3.5.2002/336)
The owner of a vessel has no right to limit his liability if he has caused the damage intentionally or through serious negligence, knowing that such damage would probably arise.
Vessel tonnage means gross tonnage calculated in accordance with the provisions of Annex 1 to the International Convention for the Measurement of Ships in 1969.
The owner of a vessel may limit its liability as provided for in Article 5 (1) only if he or his insurer or any other person, in turn, establishes, in accordance with the corresponding legislation in force in Chapter 12 or in another Contracting State: A limitation fund equal to the amount of responsibility of the owner.
In Finland, the Restriction Fund is set up in the Court of Justice where a claim for damages has been initiated or may be initiated under Article 21 (3a) of Chapter 21. Once a limitation fund has been set up, the ship's owner or any other party may institute proceedings in a matter of limitation in order to determine liability and the allocation of the fund.
If the amount provided for in Article 5 (1) is not sufficient to compensate those who are entitled to compensation, the resources of the Fund shall be allocated in proportion to their claims.
If a person has paid compensation for the damage caused by the oil pollution referred to in Article 2 (1) and (3) prior to the allocation of the fund, he shall, on the other hand, come under this Chapter or the corresponding legislation in force in another Contracting State. In respect of the quantity carried out.
If the owner of the vessel or someone else shows that he will be required to pay compensation in the future, which he would have been able to claim under paragraph 1, if this compensation had been paid before the limitation fund , the Court may order a sufficient quantity to be set aside for that purpose in order to enable him to make his claim against the Fund later.
If the owner of the vessel has carried out costs voluntarily or has suffered damage from the control measures, he shall have the same right to compensation from the Fund other than any other injured party.
When a limitation fund has been set up in accordance with Article 6 and is not a case within the meaning of Article 5 (2), the owner of the vessel shall not be liable for any compensation which may be required to: The reserve fund. However, the provisions of this paragraph shall not apply to interest or to legal costs.
When property belonging to the owner of a vessel has been seized, or has been subjected to other measures to secure the recovery, which can be claimed only from the Fund, the seizure or other security measure Be repealed when the limitation fund is established. If the owner of the vessel has lodged a security to avoid the seizure or any other security measure, the security shall be returned to him.
Where a restriction fund is established in another Contracting State, the provisions of paragraphs 1 and 2 shall apply only if the injured party is entitled to pursue an action before the court or by the authority in possession of the fund and, if so, The possibility of receiving a contribution from the Fund.
For a Finnish vessel carrying more than 2 000 tonnes of permanent oil as bulk oil, the owner of the vessel shall take and maintain a declaration or lodge a security covering the owner of the vessel in this Chapter or in another The liability arising under the corresponding legislation in force in the Contracting State until the amount referred to in Article 5 (1). However, the State is not obliged to take insurance or to lodge a security.
The declaration or security referred to in paragraph 1 shall be approved by the Authority as specified by the Regulation.
When the owner of the vessel has fulfilled his obligation under paragraph 1, he shall be entitled to obtain a declaration from the authority accepting the insurance or the security. The State-owned vessel shall issue a certificate stating that the State of Finland is the owner of the vessel and that its liability is covered by Article 5 (1). The certificate shall be kept on board and a copy shall be deposited at the shipping facility.
More detailed provisions on the certificate referred to in paragraph 3 shall be adopted by the Regulation.
A foreign vessel entering a Finnish port or using port facilities in Finnish waters and carrying more than 2 000 tonnes of permanent oil as a bulk carrier shall be covered by a declaration or a security covering the owner of the vessel Liability for damage referred to in this Chapter up to the amount referred to in Article 5 (1). The provisions of this paragraph shall not apply to the State-owned vessel.
The vessel referred to in paragraph 1 shall be accompanied by a certificate indicating that the insurance or security referred to in paragraph 1 is valid. Where the vessel is not registered in any Contracting State, the certificate may be issued by the authority referred to in Article 10 (3). If the vessel is owned by the State, the vessel shall be accompanied by a certificate stating that the ship is owned by that State and that its liability is covered up to the amount referred to in Article 5 (1).
More detailed provisions on the certificate referred to in paragraph 2 shall be adopted by the Regulation.
Compensation shall be granted directly to the insurer under the insurance scheme referred to in Articles 10 and 11.
However, the insurer shall not be liable for the damage in the cases referred to in Article 3 (2) or where the owner of the vessel himself has deliberately caused the damage. In any event, the liability of the insurer shall not exceed the amount specified in Article 5 (1).
The insurer may, in order to be free from liability to the owner of the vessel, rely solely on the matters referred to in paragraph 2.
If no other condition has been imposed by the insurer, the insurance shall also be valid for the owner of the vessel in case of liability under this Chapter or under the corresponding legislation of another Contracting State.
Articles 12 and 13 shall apply mutatis mutandis to the insurance referred to in Articles 10 and 11.
The Regulation provides for the enforcement of Articles 10 and 11 and the supervisory authority.
The Authority shall have the right to prohibit the departure of the vessel and to suspend its journey unless accompanied by the certificate required under Articles 10 or 11.
The provisions of this Chapter shall not apply to a warship or any other vessel used exclusively for non-commercial purposes at the time of the accident. However, where such a vessel has caused an oil spill in Finland or in the eez of Finland or where the control measures have been taken, Articles 1 and 3 to 5, Article 1 (1) (7) and (4) and Article 21 (3) (3) of Chapter 21 shall apply, The provisions of paragraph 4.
If a vessel other than the one referred to in paragraph 1, not covered by the provisions of Article 2 (1) of this Chapter and of Chapter 10a, has caused an oil injury in Finland or in the exclusive economic zone of Finland, or where measures to control have been taken, this Chapter shall apply to: Articles 1, 2 (4), 3 and 8 (3), 19 (1) (1) (7) and (4), and 21 (3) and (4) of Chapter 21. The same provisions shall also apply where oil damage has been caused by non-permanent oil. The right of the vessel owner to limit liability in such cases shall be governed by the provisions of Chapter 9. The level of responsibility shall be determined in accordance with Section 5 of Chapter 9.
If a ship constructed or modified to transport permanent oil as a bulk carrier causes an oil spill in a non-Contracting State or in the exclusive economic zone of a Contracting State or in the open sea, liability for damage may be limited to Article 5 The amount mentioned in the article. In this case, the exposure amount shall also apply to the cost of control measures.
The limitation of liability is otherwise applicable, mutatis mutandis, in accordance with Article 8 (3), Chapter 9, Article 19 (1) (7) and (4) and Article 21 (3) and (4) of Chapter 21 of this Chapter. Where a restriction fund is established, it shall be equal to the amount of responsibility referred to in paragraph 1 and shall be subject to the provisions of Chapter 12. If, in accordance with Chapter 9, Section 8 of Chapter 9, the relief fund precludes the seizure, the other security measure or the outside, the provisions of Article 4 (2) and (3) shall also apply.
Article 19 (1) of Chapter 19 provides for the limitation of the claim resulting from the accident.
The competent courts in the case of oil pollution liability are laid down in Chapter 21, Article 3a.
Articles 6 and 7 of Chapter 22 provide for the enforcement of a foreign judgment in the case of oil pollution liability and the enforcement of the judgment of the International Fund for Oil and Oil in Finland.
The right to compensation from the International Fund for Compensation for Oil Pollution Damage provides for the International Fund for Compensation for Oil Pollution Damage in 1971 On the adoption and application of certain provisions of the 1992 Protocol amending the Convention (424/96) .
The right to compensation for the 2003 International Oil Pollution Compensation Fund is provided for under the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 Relating to the implementation and enforcement of the provisions of the legislation of the 2003 Protocol (2003) . (30.4.2004)
For the purposes of this chapter:
(1) On board Any watercraft regardless of the type;
(2) Owner of the vessel The owner of the vessel, including the registered owner without crew, the shipbuilder, the ship's host and the person who, in place of the ship's ship, is responsible for the operation of the vessel;
(3) Registered owner A person or persons registered as the owner of a vessel or, in the absence of a registration, any person or persons who owns the ship; if, however, the ship is owned by the State and operated by a company registered in that State For the user, the owner shall mean such a company;
(4) On the ship's fuel Any hydrocarbon mineral oil, including lubricating oil, used or intended to be used as a power source for the ship, and residues of such oil;
(5) Measures to combat Appropriate measures to be taken after the occurrence of the accident to prevent or reduce the damage;
(6) Injury event, An event or sequence of events of the same origin that causes pollution damage or constitutes a serious and imminent threat of such damage;
(7) Pollution damage
(a) any loss or damage caused outside the ship, irrespective of the place of access to the emission or discharge of the fuel, provided that any other compensation for environmental pollution The loss of earnings resulting from environmental pollution shall be limited to the costs of reasonable and actual restoration operations; and
(b) the cost of the control measures and any additional loss or damage caused by the control measures;
(8) State Party A State which has acceded to the Convention on Civil Liability for Civil Liability for Oil Pollution Damage (SopS 4/2009);
(9) In the eez of Finland The area defined by the Finnish Law on Economic Zone.
The provisions of this Chapter shall apply in Finland or in the exclusive economic zone of Finland or in another Contracting State or in the exclusive economic zone of another Contracting State to the damage caused by the ship's fuel.
The provisions of this Chapter shall also apply to the damage caused by measures to combat pollution in Finland or the territory of another Contracting State or to the territory of another Contracting State or to the economic zone in the light of the damage referred to above. , irrespective of the place where these measures have been taken.
Paragraphs 1 and 2 shall also apply to the exclusive economic zone of another Contracting State which is situated immediately outside the territorial sea of another Contracting State whose State, if it has not established an economic zone, shall: In accordance with international law, not more than 200 nautical miles from the baselines from which the width of its territorial sea is measured.
The provisions of this Chapter shall not apply to warships, naval auxiliaries or other vessels owned or operated by the State and used exclusively for non-commercial purposes at that time. However, where such a vessel has caused pollution damage in Finland or in the exclusive economic zone of Finland or in the case of preventive measures, Articles 1 and 3-5 (1) (1) (7) and (4) and 21 (c) of Chapter 21 of this Chapter shall apply. § (3) and (4).
The provisions of this Chapter shall not apply to an oil spill under Chapter 10 in the cases referred to in Article 2 (1) of that Chapter.
The provisions of this Chapter shall apply without prejudice to the application of foreign law to the Finnish court.
The provisions of this Chapter shall not apply where application is incompatible with Finland's obligations under international agreements.
The owner of the vessel shall be obliged to replace the damage referred to in Article 2 even where he or no person acting on his or her responsibility has caused any damage. If the injury event is made up of several events of the same origin, the person responsible for the damage is the person who was the owner of the vessel in the event of the first event.
Where more than one person is liable for the damage under paragraph 1, they shall be jointly and severally liable.
However, the owner of the vessel shall be free of liability if he demonstrates that the damage was caused by:
(1) military action, hostilities, civil war or insurrection, or an exceptional, inevitable and overwhelming natural phenomenon;
(2) any act or omission carried out by a third person for the purpose of damage to property; or
(3) entirely in the maintenance of lighthouses or other means of navigation, when carrying out an error or omission by a mandatory authority in carrying out this task.
In the event of deliberate or negligent negligence on the part of the injured party, the compensation may be settled.
An action shall be taken against the owner of the vessel in order to compensate for the pollution damage referred to in Article 2 only under this Chapter.
The compensation for pollution damage referred to in Article 2 shall not be required:
(1) the owner of the vessel owner or the agent of the vessel owner or the crew member;
(2) pilots or other persons who do not belong to the ship crew on behalf of the ship;
(3) from the person who, with the consent of the vessel owner, the shipowner or the master, or the authority of the authority, carries out the rescue work;
4) from the operator of the control measures; and
(5) from a person who is employed by the person referred to in paragraphs 2 to 4, or an agent, unless the person concerned has caused damage on purpose or serious negligence, knowing that such damage is likely to arise.
Compensation for damage caused by a person referred to in paragraph 2 (1) to (5) may only be required from the source of the damage if it has caused the damage intentionally or through serious negligence, knowing that: Such damage is likely to arise. However, the compensation to be paid to an employee or an official shall, however, be subject to the provisions of the law on damages and the contract law (2002) Provides for the liability of an employee or an official.
The provisions of this Chapter shall be without prejudice to the right of the ship's owner and insurer to limit its liability in accordance with the provisions of Chapter 9.
The registered owner of a vessel registered in the Finnish shipping register with a gross tonnage of more than 1 000 gross tonnage shall take and maintain a declaration or other financial guarantee covering this Chapter or any equivalent The liability of the owner of the ship under the legislation, up to the amount referred to in Article 5 of Chapter 9.
A foreign vessel entering a Finnish port or using port facilities in Finnish waters, with a gross tonnage of more than 1 000 gross tonnage, shall have insurance or other financial security covering the liability of the owner of the vessel in accordance with this Chapter 9 , until the amount referred to in Article 5.
The vessel referred to in paragraph 1 shall be accompanied by a certificate issued by the Contracting State in which the vessel is registered, a certificate issued by a competent authority or an authorised body demonstrating that the insurance or other security referred to in paragraph 1 is: Valid. If the ship is owned by the State, the vessel shall be accompanied by a certificate stating that the ship is owned by that State and that the liability under this Chapter has been covered up to the amount referred to in Article 5 (5).
The Finnish Transport Safety Agency shall issue an application to the registered owner of a vessel registered in the Finnish vessel register for the duration of the insurance or guarantee referred to in Article 6. The Finnish Transport Safety Agency may also issue a certificate of compliance in the case referred to in Article 7 (1) if the vessel is not registered in any Contracting State.
The application shall be accompanied by a statement indicating:
(1) that the exposure referred to in this Chapter is covered by the insurance or security; and
(2) that the insurance or security may cease to be valid during the period of validity of the certificate no earlier than three months after the date on which the written declaration has ceased to exist for the Safety Agency for Transport, unless: The certificate has been submitted to the Traffic Safety Agency or a new certificate.
The Finnish Transport Safety Agency shall withdraw the certificate when the conditions for its granting are no longer fulfilled.
The certificate shall be kept on board and a copy of the certificate shall be deposited with the Traffic Safety Agency. The ship shall not be used for navigation without a certificate.
The issue of the issuing of licences referred to in this Article shall be subject to payment in accordance with the State contribution law (150/1992) Provides.
More detailed provisions on the certificates referred to in this article are laid down by a decree of the Council.
Compensation shall be granted directly to the provider of the insurance or guarantee referred to in Articles 6 or 7 of this Chapter.
However, the insurer or guarantor is not required to pay damages in the cases referred to in Article 3 (3) or where the owner of the vessel has deliberately caused the damage.
The insurer may, in order to be free from liability to the owner of the vessel, rely solely on the matters referred to in paragraph 2.
In all cases, the insurer or guarantor shall have the right to require the ship's owner to participate in the trial.
The Transport Safety Agency shall monitor compliance with Articles 6 and 7.
The Transport Safety Agency shall have the right to prohibit the departure of the vessel and to suspend its journey unless accompanied by a certificate of insurance or security required under Articles 6 or 7.
The limitation of the claim under this Chapter is governed by Article 1 (1) of Chapter 19.
The competent court in accordance with this Chapter is governed by Article 3c of Chapter 21.
The implementation of the foreign judgment in this chapter is governed by Article 22 (8).
Liability arising from nuclear damage is laid down in the nuclear liability law (484/72) .
The provisions of this Chapter apply to a limitation fund to be established in accordance with Section 7 of Chapter 9 (restriction fund) And, where applicable, a limitation fund to be established in accordance with Article 6 of Chapter 10. (13.10.1995/421)
Restriction trials shall mean a trial in which liability and limitation of liability are resolved, as well as the allocation of the fund.
Subject to the provisions of this Chapter, the provisions relating to legal proceedings in the area of maritime litigation in Chapter 21 shall apply in the case of a restriction trial.
The limit of this law shall be equal to:
(1) the sum of the amounts entered in accordance with Chapter 9, Section 5, as a liability category for which liability is required and incurred as a result of the same transaction; and
(2) the interest rate on the amounts referred to in paragraph 1, calculated over the date of the date of establishment and the date of establishment of the fund; Article 3 of the Corinth Act Included.
The amount of the oil pollution control fund shall be equal to the level of responsibility laid down in Article 5 of Chapter 10. (13.10.1995/421)
In the case of a restriction fund, the amount of the exposure corresponding to the amount of the exposure shall be deposited with the Government of the District Court, or be lodged by the Board of Directors.
The applicant shall include in his written application an explanation of the facts on which the application is based, together with the names and addresses of all persons who may be expected to make claims to the Restriction Fund.
The court or tribunal shall determine the amount of the Fund and determine whether the security offered can be accepted.
Subject to specific reasons, the Court shall, in its decision, also order the establishment of a limitation fund and the costs of the proceedings and the deposit of the additional amount to be used or the lodging of a security Of the corresponding quantity. In the case of a limitation fund in accordance with Chapter 9, the above interest rate shall relate only to the interest payable for the period after the establishment of the Fund.
Where it appears from the decision that the required amount has been deposited or secured, the limitation fund shall be deemed to have been established on the date of the decision. Otherwise, the Fund shall be deemed to have been established on the date on which the Court's decision confirms the amount of the deposit or the security lodged.
The decision referred to in paragraphs 1 and 2 shall remain in force until further notice. Where the decision provides for a higher amount to be paid into the reserve fund or for additional security, the court shall set a deadline for the founder of the Fund within which the missing amount must be paid or the security lodged. In the event of non-compliance, the court shall order that the fund no longer has the effect referred to in Article 8 (8).
The decision referred to in paragraphs 1, 2 and 4 shall be submitted separately.
Once a relief fund has been set up, the Court must immediately announce this. In the case of an alert, all creditors shall be advised to inform the Fund within a period of at least two months. The alert shall include a statement of the provisions of Articles 8 and 15 and Article 7 (3) of this Chapter.
The publication shall be published in the Official Journal and at the discretion of the court in a newspaper which appears in the locality. If there is a reason, the establishment of a limitation fund shall also be included in another State.
A separate notification shall be given to the founder of the Restriction Fund and to known creditors.
If it is otherwise deemed necessary in relation to the quality or circumstances of the case, the Court may order the limitation fund. The nurse must have the knowledge and experience required by her mission. In addition to the duties provided for in Article 11 (2), the nurse shall also assist in the handling of matters relating to the Fund, as well as in the handling of the case and in the negotiations between the parties.
The court confirms the nurse's fee.
When notifying their claim, the creditor shall provide the court with information on the amount and justification of the claim. Where a judgment on the claim has been issued or a separate trial is taking place, this shall also be indicated.
A claim that has not been notified to the Court before the issue of the allocation of the Fund is to be decided in court may be paid only in accordance with Article 14.
The Restriction Fund cannot be terminated until the time limit set by Article 5 (1) has elapsed. After that period, the Fund may be terminated without a decision of the Court of Justice if the creditors of the Fund have agreed to the Fund's founder and fund requirements.
The restriction trial shall be initiated in such a way that the founder of the Restriction Fund, the insurer or creditor of that fund, requests the allocation of the fund before the court in which the fund was established.
After the initiation of the restriction, the court shall invite the administrator of the relief fund, the founder of the fund, the initiation of the restriction trial and the creditors at the meeting of the Fund. The other person concerned shall also be invited. At the meeting of the Fund, the responsibility and its limitation, the level of responsibility and the requirements of the notified requirements shall be dealt with.
Before meeting the Fund, the fund manager shall review the requirements set out and to the extent that it is possible to draw up proposals for decisions on matters to be discussed and the allocation of the Fund. The motion shall be submitted to the persons invited to the meeting. If the nurse has not been appointed, the Court shall take these measures.
If, at the end of the meeting of the Fund, there is no desire to make a claim as a result of any amendments to the proposal or to the meeting, the proposal shall be based on the allocation of the Fund. If necessary, the fund meeting may continue at a later date.
If, at the end of the fund meeting, a person wishes to remain in his claim, the court shall set a time limit within which he or she must ask the Court to examine the claim. If no such request has been made within that period, the claim shall be deemed to have lapsed. If the claim is maintained, the court must decide as soon as possible.
Where the request for consideration referred to in Article 11 (4) is made, the administrator of the limitation fund shall be referred to the case. When the claim relates to the right to liability or to the level of responsibility, the matter shall also be referred to as the founder of the Fund. If the claim relates to the notified acquisition, the hearing shall, in addition to the fund manager, indicate the creditor's claim.
After the expiry of the period laid down in Article 5 (1), the court may order that only a part of the amounts which have been fixed so far may be paid.
After all disputes have been settled, the Court of Justice shall decide to share the limitation fund.
The court may reserve a specified amount in order to cover non-notified claims before the allocation of the relief fund is taken into account in the final hearing. This amount will be distributed once all the declared requirements have been processed and it can be assumed that no further requirements will be made.
The limitation fund shall be allocated, even if the founder of the fund does not have the right to limit liability. In such a case, the court may adopt a decision on the proportion of the amount receivable which is not replaced by the Fund.
The decision of the borrowings on the right to liability, the amount of the exposure amount, the notified requirements and the allocation of the Fund shall be valid for all those who may make claims to the Restriction Fund, irrespective of whether: Requirements indicated or not.
For the purposes of this chapter:
(1) By the carrier The person concluding the contract with the lender on the carriage of the goods by sea;
(2) The performing carrier, The person carrying out or part of the carriage on the basis of the carrier's mandate;
(3) The counsellor The person who concludes the contract with the haulier on the carriage of goods by sea;
(4) On the ship The person who supplies the goods for carriage;
(5) Transport document Conoscement or any other document to be issued as proof of the transport contract;
(6) Convention Amending the Protocol of 1968 amending the International Convention of 1968 on the conclusion of the International Convention on Conversion of 1924 (SopS 9/85), (The Hague-Visby rules) and the Protocol of 1979 on it (Suit 10/85); and
(7) State Party The State bound by the Convention.
The provisions of this Chapter shall apply to the carriage of goods by sea within the territory of Finland and between Finland, Norway, Sweden and Denmark. The contract for the carriage of goods by sea to Norway, Sweden and Denmark shall be governed by the law of the country in which the carriage is carried out.
Otherwise, the provisions on the carriage of goods by sea between two States shall apply when:
(1) the agreed loading port is located in a Contracting State;
(2) the agreed landing port is located in Finland, Norway, Sweden or Denmark;
(3) the agreement refers to a number of landing ports, one of which is the port of actual landing, and is located in Finland, Norway, Sweden or Denmark;
(4) the transport document has been issued in a State Party; or
(5) the transport document provides that the Convention or the law based thereon shall be applied.
However, unless the agreed loading port or the agreed and actual landing port is located in Finland, Norway, Sweden or Denmark, it may be agreed that the contract by sea shall be governed by the law of another Contracting State.
The provisions of this Chapter shall not apply to chartering books for the total or partial renewal of vessels. However, where the conoscement is given on the basis of a charter, the provisions of this Chapter shall apply to the conoscement when it determines the relationship between the carrier and the holder of the conoscement.
Where the contract concerns the carriage of goods by sea, in such a way that it is divided into several journeys within a specified time period, the provisions of this Chapter shall apply to each journey. However, if the journey is carried out on the basis of a charter, the provisions of paragraph 1 shall apply.
The transport contract or the transport document shall be null and void in so far as it differs from the provisions of this Chapter or the provisions of Article 19 (1) (4) and (2) of Chapter 19. The invalidity shall not affect the validity of the contract or document in other respects. The order giving the carrier the right to an insurance claim for the goods, or any other similar provision shall be null and void.
However, the provisions referred to in paragraph 1 shall not apply to Articles 5, 8 to 11 and 14 to 23, nor shall it prevent the inclusion in the transport contract of provisions relating to common haveride. The carrier may also extend its responsibilities and obligations under this Chapter.
Where a contract of carriage has to be governed by a convention or by a law based on the law of a Contracting State, the transport document shall contain information on this and on the conditions which derogate from the provisions of the Convention or of the law from the cargo provider, the ship-time or To the detriment of the recipient, are invalid.
Where there is a reasonable agreement to limit the liability of the carrier or extend his rights under this Chapter, due to the unusual nature or condition of the goods or the conditions of carriage, such an agreement shall be valid.
The carrier shall supply the goods by the carrier during and during the reporting period. The article must be disposed of in such a way and in a condition that it can be safely and safely loaded onto the ship, distressed, transported and dismantled.
The carrier shall, to a reasonable degree, examine whether the goods are packaged in such a way that it does not damage or cause injury to persons or property. However, if the goods are left for carriage in a container or equivalent transport unit, the carrier shall not be obliged to examine it from the inside unless there are grounds for suspecting that the transport unit is improperly packed.
The carrier shall inform the carrier of the deficiencies which he has observed. He is not obliged to carry goods unless reasonable action can make it suitable for transport.
In an appropriate way, dangerous goods are dangerous. The creditor shall, in good time, inform the carrier and the performing carrier to whom the goods are supplied, the hazardous nature of the goods and the safety measures which may be necessary.
If the creditor otherwise knows that the goods are of a quality that the transport may present a risk or significant harm to the persons, the ship or the cargo, he/she shall also report this.
Where the goods require special care, the creditor shall notify it in good time and shall indicate the measures which may be necessary. Where appropriate, the goods shall be labelled in an appropriate manner.
The carrier shall have the right to receipt of receipt of the goods as and as it is delivered.
Articles 42 to 59 provide for the provision of cement and other transport documents.
If the cargo cannot be considered as agreed, the cargo that was used for the transport of goods at the time of delivery must be paid. The freight shall be paid when the goods are received.
The goods which, at the end of the journey, are not still there shall be paid only if the goods have been lost because of their own quality, defect or negligence or negligence on the part of the supplier, or if the carrier has sold: The owner of the goods or disassembled, neutralised or disposed of in accordance with Article 41.
The freight paid in advance shall be repaid, unless the carrier is entitled to the cargo under paragraph 2.
In the case of a cargo carrier from the transport contract before the start of the journey, the carrier shall be entitled to compensation for the loss of cargo and other damage.
If the goods are not delivered at the right time, the carrier may terminate the contract if the delay is an essential breach of the contract. If the carrier wishes to terminate the contract, he shall notify it within a reasonable time after the consignment has been asked to do so, but at the latest when the goods are received for carriage. If he doesn't do this, he'll lose his demolition rights. If the contract is terminated, the carrier shall be entitled to compensation for loss of cargo and other damage.
If the provider or recipient requests that the transport be suspended and delivered at a place other than the place of destination, the carrier shall be entitled to compensation for loss of cargo and other damage. Transport shall not be required to be suspended if the suspension would cause material injury or inconvenience to the carrier or another cargo operator.
The provisions of Article 32 (2) to (4) of Chapter 14 shall apply, mutatis mutandis, to the carriage of the goods.
The carrier must carry out the transport with due care and care, take care of the goods and, in any event, control the interests of the cargo owner until it is delivered.
The carrier shall ensure that the ship used for transport is seaworthy and shall also ensure that the ship is properly manned and equipped and that cargo holds, refrigeration and freezing facilities and other The premises of the vessel to which the goods are loaded are in good condition for the reception, transport and storage of the goods.
If the goods have been lost, damaged or delayed, the carrier shall immediately inform the person designated by the counsellor. If the notification cannot be given to him, it shall be given to the cargo owner or, if he is not known, to the counsellor. The same shall apply if the transport cannot be carried out as intended.
The goods may be transported on deck only if, according to the contract of carriage, it is authorised, in accordance with the commercial practice or otherwise used in that transport, or if required by law, regulation or authority.
If the contract provides for or may be transported on the deck, this shall be indicated in the transport document. If this is not the case, the carrier shall show that the transport of the deck has been agreed. Such an agreement may not be invoked by the carrier in good faith against the third person who has taken over the konoscement.
Exposure to the cover is provided for in Article 34.
The lender shall terminate the contract of carriage from the carrier's side due to the delay or any other breach of the contract if the breach of contract is material. The lender cannot terminate the contract after the goods have been released for transport, provided that the return of the goods would cause material injury or inconvenience to any other counsellor.
If the creditor wishes to terminate the contract, he shall notify it within a reasonable time when he may be presumed to have been informed of the breach of contract. If he doesn't do this, he'll lose his demolition rights.
However, if the ship used or used for the transport of the goods is destroyed or declared as a fitness bondage after the injury, the carrier's obligation to carry out the transport shall not, however, cease.
If there is an obstacle preventing the ship from entering the port of unloading, or if it cannot be done without undue delay, the carrier may choose another suitable landing port.
For reasons of war, Articles 38 and 40 of Chapter 14 shall apply as a result of the risk of war.
Where a part of the transport has been carried out, when the contract of carriage is landed or, for any other reason, landed in a port other than the agreed landing port, the carrier shall be entitled to a partial journey in accordance with the provisions of Chapter 14, Section 21.
If it is necessary to take specific measures to preserve or transport the goods or otherwise to control the interests of the cargo owner, the carrier shall ask for instructions from the cargo owner.
Where requests for instructions are not possible due to lack of time or other circumstances, or where the instructions do not arrive in time, the carrier may, on behalf of the cargo owner, take the necessary measures and represent it in matters relating to the goods. Although the measure was not necessary, it is binding on the cargo owner if the third person was in good faith.
The notification of the measures taken shall be notified in accordance with Article 12 (3).
The cargo owner shall be responsible for the measures taken by the carrier and the costs incurred by the carrier as a result of the cargo. However, if the carrier has acted without instructions, the holder of the cargo shall not be liable for more than the value of the goods under the measures or payments at the start of the journey.
The consignee shall take the goods at the port of destination at the place indicated by the carrier and during the reporting period. The article must be handed over so that it can be received comfortably and safely.
The right shall be entitled to inspect the goods before receiving the goods.
If the goods are delivered against the conossient, the consigner shall be obliged to pay the freight and the other claims that the carrier has to pay according to the conosccement.
If the goods have been disposed of other than conoscement, the consignee shall be required to pay the freight and other claims in accordance with the transport contract only if the recipient has been informed of the claims on the occasion of the transfer or otherwise Or should have realised that the carrier had not been paid.
If the carrier has claims or other claims pursuant to Article 19, which are secured by means of a maritime lien in accordance with Section 9 of Chapter 3, he or she shall not be required to dispose of the goods before the consignee has either paid the claims or made them Collateral. Once the goods have been released, the carrier may make use of the security, unless the Court of Justice, at the request of the consignee, denies it.
If the goods are not collected within the time indicated by the carrier or, failing that, within a reasonable period of time, it may be stored for the account of the consignee.
The notification of storage of the goods shall be provided in accordance with Article 12 (3). The notification shall set a reasonable time limit, after which the goods may be sold or to other prescribing operations under Article 22.
Upon expiry of the period laid down in Article 21 (2), the carrier shall have the right to sell the stored goods to the extent necessary to cover the selling costs and the claims referred to in Article 20. The carrier must carry out the sales due diligence.
If the goods cannot be sold, or if it is obvious that the selling costs cannot be covered by sales, the carrier may take other appropriate measures with regard to the goods.
If the goods are delivered to the consignee without having paid the amount of the claim against the provider which the consignee should have carried out, the creditor shall continue to be liable for the claim, unless the supply of the goods causes injury. The carrier and the carrier should have understood that.
The carrier shall not be obliged to sell the stored goods in order to obtain payment of the claim against the supplier which the consignee should have paid. However, if the goods are sold without being covered, the creditor is responsible for the missing part.
The carrier shall be liable for the goods when he is in his custody at the port of loading, during transport and in the port of landing.
The goods shall be deemed to be in the custody of the carrier, in accordance with paragraph 1, after having received it from the carrier or the authority or from any other person to whom the goods under the law or the provisions in force in the port of loading must be surrendered.
The goods shall no longer be considered to be in the custody of the carrier in accordance with paragraph 1:
(1) when he has surrendered to the recipient;
(2) if the consignee does not accept the goods from the carrier when it is stored in accordance with the contract of the consignee in accordance with the contract or in accordance with the practice of a law or landing port; or
(3) when he has handed over the goods to the authority or to any other person to whom the goods come under the law or the provisions in force in the port of unloading.
The carrier shall be liable for the loss or damage caused by the loss of or damage to the goods in his custody on board or in shore, unless he or she does not show that he or anyone acting under his or her responsibility is in error or The damage caused or contributed to its creation.
The carrier shall not be liable for any damage caused by measures resulting from the rescue of persons or of reasonable measures resulting from the rescue of the ship or other property at sea.
Where the damage has been caused by an error or negligence attributable to the carrier, in conjunction with another reason, the carrier shall be liable only to the extent that the damage is due to a fault or omission. The carrier shall show the extent to which the damage is not the result of an error or negligence attributable to him.
The carrier shall not be liable if he proves that the damage is due to:
(1) misconduct or negligence on which the master, crew member, Pilot or any other person who worked on behalf of the ship has been involved in navigation or handling the ship; or
(2) a fire which has not been caused by his own fault or omission.
However, the carrier shall be liable for the damage caused by the fact that he or someone acting on his or her responsibility has not complied with due diligence in order to be seaworthy before the start of the journey. The carrier shall, in order to be released, show that such care has been observed.
The carrier shall not be liable for the loss or damage of live animals resulting from the specific risks associated with such transport.
If the carrier shows that he has complied with the specific instructions given and that the loss or damage is related to the risks referred to in paragraph 1, he shall not be liable unless the damage has been caused wholly or partly by his or her own An error or negligence on its part.
In accordance with Articles 25 to 27, the carrier shall be liable for the damage caused by the delay in delivery of the goods.
The delay in the delivery of a commodity shall be the case where the goods have not been surrendered within the time of time required for the contract of unloading required by the contract, or unless the time limit has been fixed, within the time of transport that is reasonable considering the circumstances May be required from a prudent haulier.
If the goods have not been released within 60 days from the date on which it was to be disclosed under paragraph 2, the compensation may be required, such as the loss of the goods, in accordance with Article 25.
Damage resulting from loss of or damage to goods shall be calculated in such a way as to reflect the value of the same goods on the spot and at the time when the contract was or should have been released.
The value of the goods shall be determined by the quoted price or, if there is no such price, according to the market price. If there is no market price and no market price, the price shall be adjusted according to the same price and the same quality.
The liability of the carrier is limited to 667 SDR (SDR) for each package or other department or two SDR from the total weight of the goods in question, if the liability is thus calculated on the basis of: Greater than the amount calculated from the other department. The special drawing rights are defined in Chapter 23, Section 2.
For the purposes of Article 30, where the container, pallor or equivalent transport unit is used for the aggregation of the goods, shall constitute, for the purposes of Article 30, any colli or any other unit of goods which, according to the transport document, is packaged in a transport unit, Department of goods. Otherwise, the goods in the transport unit form one unit. If the transport unit itself has lost or damaged, it shall form its own unit unless the carrier owns it or has otherwise provided it.
What is laid down in this chapter on the liability of the carrier for exemption and limitation of liability is valid even if the action against him is not based on the transport contract.
As provided for in this Chapter, the liability of the carrier for exemption and the limitation of liability shall apply mutatis mutandis where the action is directed against the person from whom the carrier is responsible and demonstrates that he has acted in his or her duties or Is carried out.
The total liability of the carrier and the persons acting on his responsibility shall not exceed the limits of liability under Article 30.
The right to limit liability is not the result of an intentional or serious negligence on the part of the person who caused the damage, knowing that such damage is likely to arise.
Notwithstanding the provisions of Article 13, the carrier shall, notwithstanding Articles 25 to 28, be liable for the damage caused solely by the carriage on the deck. The extent of the exposure shall be governed by Articles 30 and 31.
Where the goods have been transported on a deck contrary to the express agreement to transport below deck, there is no right to limit liability under this Chapter.
Where the carriage is carried out in part or in full by the carrier, the liability of the carrier shall be maintained as he himself would have carried out the entire transport operation.
Where it is expressly agreed that a certain part of the carriage is carried out by a designated performing carrier, the carrier may relieve himself of liability for any damage caused by the event which occurred in the case of: In the custody of the performing carrier. The carrier shall show that the damage was caused by such an event.
However, the condition referred to in paragraph 2 shall be invalid if the action against the carrier may not be brought before the court referred to in Article 60.
The performing carrier shall be liable according to the same rules as the carrier. Articles 32 and 33 shall apply mutatis mutandis to the performing carrier.
If the carrier is committed to more than any of the rights deriving from this Chapter or waived the rights under this Chapter, the carrier shall be bound by the carrier only if he has given his written consent.
If both the carrier and the performing carrier are responsible, they shall be jointly and severally liable.
The combined liability of the carrier and the performing carrier and the persons acting on their responsibility shall not exceed the limits of liability under Article 30, subject to Article 33.
The provisions of this Chapter shall not prevent the carrier and the performing carrier from having a right of recourse.
If the consignee has not informed the carrier in writing of the reduction or damage to the carrier which he has observed, or which he should have observed, in writing, the reduction or damage to the carrier in writing Shall be deemed to be disposed of as described in the transport document, unless otherwise displayed. If the loss or damage was not detected at the time of release, the same shall apply, unless the notification has been made no later than three days after the transfer.
A written declaration does not need to be made for loss or damage identified during the joint inspection of the goods.
The carrier shall not be liable for any damage caused by the delay in the delivery of the goods unless the written notification is made to the haulier within 60 days of the delivery of the goods to the recipient.
The notification may be made to the performing carrier who has delivered the cargo or the carrier.
Articles 24 to 38 provide for the liability of the carrier for the loss of or damage to the goods, including the right of the recipient to refuse to pay a proportion in the common havern and the duty of the carrier to pay compensation Such a contribution or the rescue fee paid by the recipient.
The creditor shall not be liable for any damage caused to the carrier or the performing carrier, including the damage to the carrier, unless the damage was caused by his or her own fault or by an error in his/her responsibility. Or negligence. Furthermore, the person responsible for the calculation shall not be liable for any damage which has not been caused by his or her own or any fault or negligence on his part.
If, in accordance with Article 7, the carrier or carrier has handed over dangerous goods to the carrier or the performing carrier, in accordance with Article 7, the dangerous nature of the goods and the necessary safety measures, and unless the person receiving the goods shall: A change of information about its dangerous quality, the carrier is responsible for the haulier and each carrier for the costs and other damage caused by the transport of such goods. In such a case, the carrier or the performing carrier may, depending on the circumstances, defuse, neutralise or dispose of the goods without any liability.
However, the person who has taken possession of the goods in the knowledge of its dangerous nature cannot invoke the provisions of paragraph 1.
In the case of a commodity which proves to be dangerous for persons or property, the carrier may, according to circumstances, disarm, render harmless or dispose of it without any liability.
Conoscient ( Bill of lading ) Means a document which is:
1) as evidence of the maritime transport contract and the receipt or loading of the goods by the carrier; and
(2) designation of the carrier or includes the carrier's undertaking to dispose of the goods only against the return of the document.
Consortment may be imposed on the designated person, the designated person or the person designated or the holder. Container cement, which is placed in a designated person, shall be considered as a qualifying holding, unless a reservation has been made for a transfer to the person in which I said 'no' or equivalent.
The Konossement determines the transport and supply conditions of the goods between the carrier and the holder of the conoscement other than the lender. The terms of the transport contract, which are not included in the context, shall not be invoked against such a holder if the conoscement does not contain a reference to them.
Transit connotation means a conoscement indicating that the transport of goods is carried out by more than one freight carrier.
Anyone who provides a transhipment of transits shall ensure that the special machinery cement, which is provided for part of the transport, is mentioned on the basis of transit transhipment of the goods.
Upon receipt of the goods by the carrier, an acknowledgement of receipt shall be issued at the request of his vessel.
When the goods are loaded onto the ship, the transhipment declaration shall be issued at the request of the ship-time. Where an acknowledgement of receipt has been given, it shall be returned when the loading of the load is given. The acknowledgement of receipt shall be carried out in the case of the loading of the load in the case of the names of the vessel or of the vessels to which the goods were loaded and the timing of the loading.
The carrier shall have the right to receive separate containers from parts of the consignment, where relevant, without any material injury.
Containcement, signed by the master of the vessel carrying the goods, shall be deemed to be signed on behalf of the carrier.
Conosccement must include information:
(1) in accordance with the notification of the ship, the nature of the goods, including the hazardous properties of the information, on the labelling, particulars necessary for the identification of the goods, the number of packages and the weight or quantity of the goods, expressed in any other way;
2) the detection of the goods and packaging;
(3) the name of the carrier and the location of the head office;
(4) the name of the ship;
(5) from the consignant, if the shipman has notified it;
(6) from the port of loading mentioned in the transport contract and the day on which the carrier received the goods in this port;
(7) the port of unloading mentioned in the transport contract and a possible agreement on the supply of goods in this port;
(8) the number of copies if the concretor has been drawn up in more than one copy;
(9) the place of conoscement;
(10) the size of the cargo, if it is paid by the recipient, or the statement that he has to pay the freight, as well as other transport and supply conditions;
(11) that the transport must be subject to the Convention in accordance with Article 4 (3);
(12) that the goods in question must be transported or transported on the deck of the ship; and
(13) any higher liability category agreed by the parties.
In addition, the name and nationality of the vessel, the place of loading and the date of killing of the loading shall be mentioned in the loading process.
Konoscement will be signed by the carrier or by someone acting on his behalf. Signature may be mechanically or electronically made.
A document that meets the requirements of Paragraph 42 (1) shall be considered as a conversion factor, even if the information mentioned in Article 46 is missing.
The carrier shall, to a reasonable degree, verify that the information on the goods in accordance with Article 46 (1) (1) of the Convention is correct. If he has a valid reason to doubt the accuracy of the information, or if he has not had a reasonable opportunity to examine the correctness of the information, he shall make a reservation to the conoscement which expresses this.
Conosccement is evidence that the goods have been received or, in the case of transhipment, loaded in accordance with the particulars of the conosccement, unless otherwise shown or the reservation under Article 48 has been made. If the indication of the condition of the product and packaging is missing from the conoscement, it shall be considered to indicate that the goods were in good detection mode, unless otherwise displayed.
Constration with no indication of freight or otherwise stated that the recipient pays the freight in accordance with Article 46 (1) (10), is proof that the recipient does not have to pay the cargo unless otherwise displayed. This provision shall apply mutatis mutandis where the amount to be paid in the form of compensation for the additional standing shall not be mentioned in the context.
If a third person has, in good faith, redeemed the conoscement, relying on the accuracy of the information contained therein, the reply under paragraphs 1 and 2 is not permitted. If the carrier understood or should have realised that the information on the goods was incorrect, he could not invoke the reserve referred to in Article 48 unless the reservation contains an express remark on the incorrect nature of the information.
If a third person suffers injury after redemption, relying on the accuracy of the information entered into it, the carrier shall be liable if he or she should have realised that the contents of the Conoscement may have led to a third party. Misled. There is no right to liability under this Chapter.
Where the goods do not correspond to the data of the conossient, the carrier shall, where the consignee is required, have the obligation to indicate whether or not the carrier is committed to the carrier to ensure that it does not suffer injury to the wrong or incomplete information. , so as to inform the recipient of the content of the undertaking.
The carrier shall be responsible to the carrier for the accuracy of the information concerning the goods which he or she has requested in the context of the machinery cement.
However, if the shipman has undertaken to compensate the carrier for the damage caused by the provision of connoccement with incorrect information or without reservation, he shall not be responsible if this is done with a view to misleading the carrier. The conosccement. In that case, the vessel shall not be responsible in accordance with paragraph 1.
Anyone who acts as a conoscement and who is its content or, if it is a concretor, coherent with a continuous series of transfer or conversions, the right holder of the conoscement shall be entitled to receive the goods.
Where more than one piece of machinery has been issued, it is sufficient at the place of destination for the supply of goods to be sufficient for the consigliant to demonstrate his right by producing one piece of console. In addition, if the goods are delivered in a place other than that, the other paragraphs shall be returned or the security lodged in the event of any claims by the holder of the movement in the movement against the carrier.
If more than one consignee is reporting, and they are presented separately, the carrier must put the goods in the name of the true consignee. The notification of the measure shall be given as soon as possible to those who have made themselves known.
The recipient shall have the right to obtain the goods only if he deposits the conosccement and provides the receipt as the goods are released.
Once all the goods have been released, the conoscement shall be returned to the carrier.
Where an application has been made for the death of a missing confectionery, the applicant may claim the release of the goods, if the claimant is required to lodge a security in the event of any compensation which the carrier may have to pay. On the occasion of the conversion.
If, in accordance with Article 52, the right holder of the concessionaire provides more than one or more copies of the holder of the concessionaire, the person who was the first to receive his copy in good faith shall be entitled to the goods. If the goods have been surrendered at the place of destination to the holder of the second paragraph, he does not have to give away any of what he or she has already acquired in good faith.
Anyone who, in good faith, has obtained the possession of a qualifying holding or holder, shall not be obliged to surrender the conoscement to the person from whom it has disappeared.
The seller's right to prevent the sale of the goods sold to the buyer or to demand that it be returned to the buyer because of the insolvency of the buyer or because it does not comply with its contractual obligation, even if the purchase of the goods has been handed over to the purchaser.
The right referred to in paragraph 1 shall not be invoked in good faith against a third person who has received a concessionality or holder of the holder.
By means of a charter ( Sea waybill ) Means a document which:
(1) is evidence of the agreement on maritime transport and the receipt by the carrier of the goods; and
2) includes the carrier's undertaking to hand over the goods to the addressee mentioned in the document.
After the adoption of the journal, the creditor may order the goods to be handed over to a person other than the addressee of the document, unless he or she has waived that right or if the consignee is already Has not exercised his right.
Constraints may be required in accordance with Article 44, unless the lender has waived the right to order another consigliant.
The logbook shall contain information on the goods supplied for carriage, the donor, the consignee and the carrier, the conditions of carriage and the freight and other costs that the consignee shall pay. The provisions of Article 46 (3) and Article 48 shall apply accordingly to the maritime charter.
If nothing else is shown, the logbook shall be proof of the contract of carriage and the fact that the goods were received as described in the document.
The Agreement which was concluded before the dispute and which restricts the applicant's right to a dispute arising from the carriage of the goods in accordance with this Chapter shall be null and void in so far as it restricts the applicant's right to bring an action By its own choice before the court of its place:
1) where the defendant has a head office or, in the absence of a head office, where the defendant has his habitual residence;
(2) where the contract of carriage was concluded, provided that the defendant has an office, a branch or a representative through whom the contract was concluded; or
3) where the agreed loading port or the agreed or actual landing port is located.
Notwithstanding the provisions of paragraph 1, the party may bring an action before the courts of the place referred to in the transport contract. After the dispute has arisen, the parties are free to agree on how to deal with the dispute.
When the conversion cement has been issued on the basis of a charter which contains a provision on the competent court or arbitration procedure, and does not contain any explicit provision stating that such provisions are also The carrier shall not be able to invoke the provisions in the bona fide manner of the conoscement.
Paragraph 1 shall not apply unless the port of loading is agreed and the port of landing is not located in Finland, Norway, Sweden or Denmark. (11.1998/ 396 ν 1999)
The parties may, notwithstanding Article 60 (1), agree in writing that the dispute may be left to arbitrators. As part of the arbitration agreement, it is always necessary for the arbitration procedure to take place in a State where the locality referred to in Article 60 (1) is situated and that the arbitrators shall apply the provisions of this Chapter.
However, the provisions of Article 60 (2) and (3) shall apply mutatis mutandis to the arbitration agreement.
Paragraph 1 shall not apply, unless the port of loading is agreed or the port of actual or actual landing is situated in Finland, Norway, Sweden or Denmark.
The provisions on chartering shall apply to the total and partial renewal of the vessel. The provisions on carpeting shall also apply to consecutive journeys where otherwise provided.
For the purposes of this chapter:
(1) Freight forwarder The one which, on the basis of the contract, provides the ship to the other; To the carrier;
(2) On the ship The person who supplies the goods for loading;
(3) Cruising speed The chartering where the cargo is calculated on the basis of the journey;
(4) On consecutive journeys A certain number of journeys to be carried out on the basis of a succession contract for a succession;
(5) Time and time The cargo where the cargo is calculated on the basis of time; and
(6) Partial striation Trout which applies only to a part of a total vessel or a cargo when using a chartering book.
The provisions of this Chapter shall apply to the Agreement on the shipwreck of the vessel in intra-Finnish traffic and in the traffic between Finland, Norway, Sweden and Denmark. A contract for the carriage of goods within Norway, Sweden and Denmark shall be governed by the law of the country where the transport is carried out.
For transport purposes other than those referred to in paragraph 3, the provisions of this Chapter shall apply when the Finnish law is complied with.
The provisions of this Chapter shall not apply where the agreement, the practice of the parties or the manner of trade or any other manner which must be considered binding on the parties is different.
In the case of intra-Finnish voyages and between Finland, Norway, Sweden and Denmark, the provisions of Article 27 cannot be derogated from by agreement to the detriment of the shipyard, the traveller or the recipient. The same applies to the provisions of Article 1 (1) (4) and (2) of Chapter 19. However, the charter may include provisions on the common haverine. The restrictions on contractual freedom in the internal transport of Norway, Sweden and Denmark shall be governed by the law of the country in which the transport is carried out.
In the case of transport within the meaning of Article 2 (1) and (2) of Chapter 13, it shall not be possible to derogate from the provisions of Article 18 concerning the issue of conversion.
In addition, the provisions of this Chapter shall not derogate from the provisions of Article 5.
If the charter relates to a designated vessel, the carrier shall not use any other vessel to fulfil the contract. If the contract entitling the haulier to use another vessel other than that which has been agreed or otherwise used, the carrier shall be used exclusively for vessels which are as suitable for the purpose as the ship under contract. The right can be used more than once.
If the contract means a whole ship or a full load, the carrier shall not take the goods on behalf of the performing carrier. This must be complied with even when the vessel is moving in the ballast to start a new journey.
However, if the charterer transfers his or her rights under the charter to another or subjure the ship, he shall remain liable for the contract.
The movement shall not be transferred to another cargo operator without the consent of the carrier. If the carrier has consented to the transfer, the liability of the carrier shall cease.
If the carrier gives the conosccement of the goods carried on board, the conditions for the carriage and disposal of the goods between the carrier and the third person holder of the conoscement shall be determined by the carrier. The provisions of the Convention, which are not included in the conoscement, shall not be invoked against a third person if the conoscement does not contain a reference to them.
Articles 45 to 57 of Chapter 13 shall also apply to the conversion cement referred to in paragraph 1. When it follows from Article 3 (3) of Chapter 13, that the provisions relating to the transport of pieces of goods must be applied to conoscement, the liability and rights of the carrier in relation to a third person shall be determined in accordance with Chapter 13, Section 4 and Articles 24 to 40.
If the cargo is not determined on the basis of a charter, it must be paid for the freight which was at the time of the conclusion of the agreement.
When a ship has been loaded with other goods or more than it has been agreed, the goods must be paid for the freight which was at the time of loading, but not less than the agreed cargo.
The carousel shall ensure that the ship is seaworthy and shall also ensure that the vessel is properly manned and equipped, and that cargo holds, refrigeration and freezing facilities and other vessel premises to which: Goods are loaded, are in good condition for the reception, transport and storage of goods.
Where a charter entitles the holder to choose a port of loading or unloading, the vessel shall be obliged to go to the port designated by him, provided that it is accessible and the ship may float freely and safely and in a safe and secure manner to enter or leave it. Off with his glasses. The port of unloading must be made at the latest at the end of the loading.
If the traveller has ordered a ship's unsafe port, he shall be liable for the damage caused to the vessel if he does not show that the damage is not due to his or her fault or negligence on his part.
In successive journeys, the right to choose which journeys must be carried out shall be used in such a way as to ensure that the combined length of both cargo and ballast journeys is substantially the same. Otherwise, the traveller shall be obliged to pay compensation for the loss of cargo.
The tour operator shall not change the choice between a port or a journey.
If the place of loading has not been agreed, the vessel shall be located in the place of loading to the place of loading, provided that it is accessible and the vessel can float free and safe and leave it with the cargo.
If the place of loading has not been demonstrated in good time, the vessel shall be placed in a meeting place of detention. If not, the ticket taker must select a place where the loading can reasonably be carried out.
The tour operator shall have the right, regardless of whether or not the prescribed place of loading has been agreed or not, to have the ship transferred from one loading point to another if he is responsible for the costs involved.
The carourer is required to keep the loading period specified for loading of the vessel, comprising: Standing time And Additional standing time . On a linear basis ( Liner terms ) During loading at the time of loading does not include any additional standing time.
The period of the standstill period is the time which can reasonably be calculated on the loading of the current shipment. For the purpose of calculating the standstill period, account shall be taken of the quality and size of the vessel and of the cargo, the loading and unloading of the ship and the port, and other such items.
The standstill period shall be calculated using the clause:
(1) Fac ( Fast as can ) In such a way that the loading shall take place as quickly as the vessel can receive cargo without any damage to the loading equipment;
(2) Faccop ( Fast as can can custom of the port ) In such a way that the loading shall take place as quickly as the normal loading permit in the port allows; and
(3) Liner terms (line conditions) in such a way that loading must take place as quickly as possible in the port at the port in connection with liner shipping, plus the time lost due to traffic jams.
If a period of time has been imposed on the loading and unloading, the standstill period shall not end until after the end of the common period.
The standstill period shall be calculated on working days and hours of work. The working day shall be calculated on the basis of every working day in which the work is carried out for as many hours as it is in the port. The working hour is calculated for every hour that can be used to load on weekdays. The number of hours normally used for loading shall be calculated on days in which work is done less than on working days.
The standstill period does not start to run until the ship is at the place of loading ready to take the cargo and the ticket taker has made a declaration.
The notification may be made in advance, however, not before the ship arrives at the port of loading. If it turns out later that the ship was not loaded, the time of loading does not include the time lost to complete the loading operation.
The notification shall be made to the ship operator or, in the absence of any target, to the traveler. When a ship or a cruiser is not reached, the notification shall be deemed to have been made when it is appropriately sent.
Time shall be read either at the time when the work in the port of the port begins in the morning or the end of the lunch break. In the previous case, the notification shall be made the previous day not later than one hour before the end of the office period and, in the latter case, at the latest at 10 p.m. on the same day.
However, if the vessel cannot be placed in a place of loading in the event of an obstacle being placed on the side of the traveller, the vessel may be declared ready for loading, with the result that the standing time shall begin to run. The same applies to traffic jams, as well as any other obstacle which the traveller has not reasonably been able to take into account when concluding the contract.
At the standstill period, no time shall be allowed to be lost as a result of an obstacle to the freight forwarder. The same shall apply to the time which is lost due to the fact that the vessel is located in a non-meeting place of loading for a reason that the holder of the ticket must reasonably have taken on account of the contract. On the other hand, the delay due to the transfer of the vessel is counted at the standstill period.
The time for additional standing shall be the time to be delayed by the ship at the end of the standstill period in order to be loaded if the length of the additional standing period is not provided for by contract.
The additional standstill period shall be calculated on current days and hours, including the end of the standstill period. The provisions of Article 13 (2) shall apply mutatis mutandis.
The ticket holder shall be entitled to a separate allowance for the additional standing period. The compensation shall be determined taking into account the cargo and the increase or reduction of the expenditure incurred by the freight operator on the basis of the vessel's standing.
The compensation is due on demand.
If the compensation is not paid or secured, the ticket taker may make a claim to the conoscement. If he does not do so, he may set the time limit for the payment of the additional time to be paid to the traveler. If the time is not unduly short and the claim is not paid within an additional period, the ticket taker may terminate the contract and claim compensation for the loss suffered as a result of the distance travelled.
If there is no other way in which the port is to be complied with, the traveller shall release the goods on the side of the vessel and the ticket taker shall take it on board.
When using the clause:
(1) Fio ( Free in and out ) The carer shall provide the loading; and
(2) Liner terms (Links) shall ensure that the cargo is loaded.
The matchmaker needs to take care of the chassis and the rest, which is necessary in the cradle, as well as the cramped space.
The provisions of Chapter 13, Section 13, shall apply mutatis mutandis to the cover load.
If the vessel is reasonably due to be taken into account at the time when the contract is concluded, the vessel shall bear the additional costs incurred in connection with the non-meeting place of loading.
The goods shall be disposed of and loaded with appropriate haste. It must be handed over in such a way and in a condition that it can be safely and safely loaded onto the ship, harassed, transported and dismantled.
Articles 6 to 9 of Chapter 13 shall apply mutatis mutandis to the supply and loading of goods in the consignment.
Where the goods have been loaded, the person or master of the ticket, or the person authorised to do so, shall, at the request of the ship, issue a transhipment declaration, provided that the necessary documents and information are available.
The carrier shall have the right to receive separate containers from parts of the consignment, where relevant, without any material injury.
If, on the basis of the Convention, the conoscement of the contract is provided under conditions which are different from the agreement, and that gives rise to greater responsibility for the ticket taker, the traveller shall be responsible for the damage which may be caused to the ticket taker.
The journey must be carried out in an appropriate way and in an otherwise acceptable way. Article 12 (1) and (3) and Article 16 of Chapter 13 provide for the liability of the haulier and the right to act on behalf of the cargo owner and the measures taken in Article 17 on the liability of the holder of the cargo, respectively.
Derogations shall only be made for the purpose of saving a person, a ship or a good or any other reasonable cause.
When an obstacle arises which prevents the ship from entering the port of unloading, or if it cannot be carried out without undue delay, the traveller shall instead choose a suitable landing port.
If a part of the journey has been carried out, when the contract of unloading is unloaded or expired or for any other reason other than the agreed landing port, the ticket taker shall be entitled to a partial journey. The provisions of Article 24 shall apply mutatis mutandis to a partial journey.
The share sheet is the agreed cargo minus the amount calculated on the basis of the length of the remaining and agreed distance. In this case, account shall also be taken of the duration of such travel and the associated specific costs. The stock shall not become larger than the value of the goods.
The dispute concerning the issue of a partial journey may be left to the seer and to be settled. In this case, the provisions relating to the common haver shall apply mutatis mutandis to the settlement of the damage.
When dangerous goods have been loaded onto the ship without knowing its dangerous quality, they are allowed to defuse, neutralise or dispose of the goods without liability. The same applies even though the traveler has been aware of the dangerous nature of the goods if there is a later risk to the person or property, which means that keeping the goods on board is no longer acceptable.
The place of unloading, the unloading time and the landing shall be subject to the provisions of Articles 9 to 17. The provisions of those provisions provide for the ticket holder, in that case the recipient of the goods.
The right shall be entitled to inspect the goods before receiving it.
If there are more than one consignees on the basis of the same cargo contract, they shall only be allowed to jointly order the landing site or require the ship to be moved.
The travel agent shall pay the additional costs arising from the damage or the removal of the goods as a result of the accident, if the damage has been caused by a defect or a fault on the side of the traveller, or Neglect. When using the clause Fio ( Free in and out ) The traveller shall pay the costs, unless Article 27 is responsible for the damage.
A thief who is not there at the end of the journey shall be paid only if the goods have been lost due to their own quality, defect or negligence or negligence on the part of the supplier, or if the ticket taker has sold: In the case of the owner of the goods, rendered harmless or disposed of in accordance with Article 22.
The freight paid in advance shall be repaid, unless the ticket taker has the right to the cargo.
The recipient shall be obliged to pay the freight and other claims in accordance with the provisions of Article 19 of Chapter 13.
In all cases, the carourer may request a payment from the traveler in accordance with Chapter 13, Section 23.
The ticket holder shall be entitled to detention in accordance with Chapter 13, Section 20.
If the recipient of the goods fails to fulfil the conditions for obtaining the goods or if he is delaying the landing in such a way that it is not completed within an agreed or otherwise reasonable time, the ticket taker may unload the goods and Storage it must be stored on behalf of the recipient. Storage shall be notified to the consignee.
If the consignee refuses to receive the goods or if the recipient is not known or met, the ticket taker shall inform the operator of the ticket as soon as possible. If the recipient does not check in in time for the unloading of the goods to be carried out in due time, the operator shall unload the goods and store it safely. Storage shall be notified to the consignee and to the traveler.
The notification under paragraphs 1 and 2 shall set a reasonable time limit, after which the ticket taker has the right to sell the stored goods or otherwise dispose of it. The provisions of Chapter 13, Section 22, shall apply mutatis mutandis to the sale of the goods or to any other imposition measures relating thereto.
In accordance with Articles 24 to 35 and 37 to 39 of Chapter 13, the Mattoaster is liable for damage caused by the loss, damage or delay of the goods when he is in his custody. Article 36 of Chapter 13 provides for the liability of the performing carrier.
Other consignees are also entitled to compensation under paragraph 1. If the consignee is in possession of the concretor given by the traveler, he may also invoke the provisions of Article 5.
When the ship is to be ready to take the load within a specified period ( Landing time ), the traveller may terminate the contract if the vessel is not ready to take the cargo or the landing declaration has not been completed before the deadline has expired.
If, after the arrival of the vessel at the end of the time limit, the ticket taker declares the date on which the vessel is ready to take the cargo, the traveler shall have the right to terminate the contract if it is done within a reasonable time. If the contract is not dismantled, the notified date shall be a new time of landing.
If the breach of contract is material to the contract, the matchmaker shall unravel the contract for the delay or any other breach of contract resulting from the ticket holder's side.
When the loading is taken, the traveller shall not terminate the contract if the unloading of the goods would cause material injury or inconvenience to another haulier. In the case of consecutive journeys, the traveller shall not terminate the contract in the case of a single trip, unless the conduct of this journey is irrelevant to the remaining journeys.
If the traveller wishes to terminate the contract, he shall notify it within a reasonable time when he may be presumed to have been informed of the breach of contract. If he doesn't do this, he'll lose his demolition rights.
If a charter means a designated vessel and the ship is destroyed or declared unfit for fitness after the injury, the traveler shall not be obliged to travel. In such a case, he does not have the right to conduct a journey on another ship other than the one he has agreed upon, even though he has the right to place another vessel in the holding.
In the event of a delay or any other breach of contract due to the damage taker's side, which is not covered by Article 27, the provisions of Articles 25 and 26 of Chapter 13 apply to liability for loss of goods and a navigational error, and Damage caused by a fire.
If the impostor is withdrawn from the chartering contract before the loading has started or if he/she, in any way, has its expression, has not given up all the goods covered by the contract, the ticket taker shall be entitled to compensation For loss of cargo and other damage. In the case of consecutive journeys, the individual journey may be waived only if it is immaterial to the itinerant in relation to the remaining journeys.
When calculating the compensation, account shall be taken of whether the ticket taker, without a reasonable cause, has not left any other material.
The right to compensation does not exist where the supply, transport or destination of the goods must be deemed to be impossible as a result of factors which the licensor would not have taken into account when concluding the contract, such as export or export. The import ban or any other measure of the authority, the destruction of any type of goods covered by the Agreement or any other comparable event. The same applies when the contract means a specific item which has been destroyed as a result of the accident.
If the traveller wishes to plead the case referred to in paragraph 3, he shall inform the counterparty within a reasonable period of time. If he does not, he is obliged to compensate for the damage that could have been avoided if the notification had been made in time.
If the traveller is to withdraw from a charter without liability in accordance with Article 32 (3), the ticket taker shall also be entitled to withdraw from the contract if he informs him within a reasonable time.
If the traveller does not provide all the goods referred to in the contract, the ticket taker may set an additional period of time for the passenger to pay compensation or lodge a security. If the time is not excessively short and the compensation has not been paid or secured within an additional period of time, the ticket taker may terminate the contract. He is also entitled to compensation under Article 32.
When the goods are loaded, the traveler shall not have the right to be landed or suspended if this would cause material injury or inconvenience to the operator of the ticket or to another haulier. In this case, Articles 32 and 33 shall apply mutatis mutandis before the end of the loading and unloading.
If the additional standing time has been agreed and if, at the end of the loading period, the traveller does not supply the goods or has surrendered only part of it, the provisions of Articles 32 and 33 shall apply mutatis mutandis before the end of the loading; and On the right to demolition. The same applies when the charter contains a clause Liner terms (Line conditions) and the standstill period has elapsed.
If there is no agreement on the length of the additional standing time, and if the loading is delayed so much that the carourer causes substantial damage or inconvenience, even if the additional standing is paid, he or she may terminate the contract or, when: Already given for loading, report the loading of the loading. In such a case, Articles 32 and 33 shall apply mutatis mutandis.
If a vessel is delayed after loading or on the way to a point on the side of the traveller, the ticket taker shall be entitled to compensation, unless the traveller proves that he or anyone acting on his or her responsibility is not guilty of any fault Or negligence. The same applies when the ship's landing is delayed due to the fact that it is not possible to store goods in accordance with Article 26.
Unless the amount of consecutive journeys, compensation due to the additional standing time or any other claim under the charter is paid at the right time, the ticket taker may set a specified additional period for payment of the fee. If the time is not excessively short and the claim is not paid within an additional period, the ticket taker may suspend or terminate the contract. The ticket holder shall be entitled to compensation for the loss resulting from the suspension of the contract or, if the contract is terminated, the cancellation of the remaining journeys.
When the goods have caused damage to the traveller or to the ship, the traveller shall be obliged to pay compensation if the damage is caused by his or her own fault or negligence on his part. The same applies to partial striation if the goods have caused injury to the rest of the ship.
If, after the conclusion of the Convention, it turns out that the journey might be caused to the ship, to the persons on board or to the cargo as a result of war, blockade, insurgency, restlessness, piracy or other armed violence, or There is a substantial increase in the risk of such a risk, as well as the right to withdraw from the contract without compensation, even if the journey had begun. Anyone who wishes to withdraw from the contract is within a reasonable period of time to submit a notification to the other side. If he does not, he is obliged to compensate for the damage that could have been avoided if the notification had been made in time.
If the risk can be prevented by leaving or disposing of a part of the goods, the agreement will be reached only in this respect. However, if it does not result in any material injury or damage to another traveller, the carourer shall be entitled to withdraw from the contract in full if the loss of cargo and other damage is not paid, in spite of the call for compensation or Uninsured.
In the case of successive journeys, the agreement may be withdrawn in accordance with Article 38, only when the performance of this journey is immaterial in relation to the remaining journeys.
In the event of a charter entitling the operator to choose which journeys to be made, the agreement may, according to Article 38, only specify when the risk is relevant for the fulfilment of the contract.
If, following the start of the loading operation, the danger referred to in Article 38 is forced to remain in the port of loading or in another port along the way, the costs resulting from the delay shall be considered as the cost of the common Between the vessel, the cargo and the cargo, according to the common haver. This does not, however, apply to the cost of recovery when the contract is recanted.
If the vessel is charted for as many journeys as it can carry out within a specified period and if, prior to the expiry of the contract period, the traveller has been informed that the vessel is ready to receive the cargo, the journey shall be carried out, even if: This would be all or part of the expiry of the contract period.
If it is clear that a vessel does not reach the port of loading ready to receive cargo before the end of the contractual period, the traveler shall not be obliged to send a vessel to the port of loading.
If the Trader notizes that the vessel may arrive at the port of loading as late and requests instructions for action, the traveller may order either that the journey is carried out in accordance with the charter or that the contract expires. The contract shall lapse, unless the traveller receives a notification within a reasonable period of time of receipt of the notification.
Provisions on the carriage of goods in accordance with the provisions of the Treaty shall be carried out on board divided by a number of journeys within a specified period.
However, the provisions shall not apply if the journeys are agreed upon in succession on a specified vessel.
When the contract allows the total quantity of goods to be transported, the carrier shall have the right to decide on the amount.
When the choice of the quantity of goods relates to the quantity of goods transported on a given journey, the carrier shall have the right to decide on the quantity.
The carrier shall perform the shipping plans in a timely manner in relation to the period covered by the freight agreement and in good time inform the freight forwarder of the plans.
The carrier shall ensure that the quantity of goods contained in the contract is allocated in an appropriate manner to the contract period. In this case, he shall take into account the size of the vessels used.
The carrier shall notify the ship within a reasonable time before loading. The notification shall indicate when the goods are ready to be loaded at the latest.
Once the shipping declaration has been lodged, the carrier shall organise a vessel suitable for carrying out the journey in the right time. The carrier shall, within a reasonable time, indicate which vessel shall perform the journey, the loading capacity of the vessel and the estimated time of arrival at the port of loading.
The carrier shall not be obliged to arrange a vessel for a consignment which is not ready for loading before the end of the contractual period, unless the crossing is due to circumstances beyond the carrier and is not material.
Where the carrier has lodged a notification referred to in Article 46, the provisions relating to the carriage of goods or the carriage of goods shall apply.
When the carrier's obligation to carry out a certain distance is due to a fault on the side of the haulier, the carrier shall have the right to require the carriage of the goods or equivalent new quantity.
If the expiry of the journey gives reason to assume that no later journeys are carried out without a substantial delay, the carrier may terminate the contract with respect to its remaining status.
If the carrier does not leave the shipping declaration in time, the carrier may set a specified additional period for the submission of the notification. If the time is not unduly short and the ship has not been notified during the additional period, the carrier may either appoint a ship in accordance with Article 46 on the basis of the ship plan in force or terminate the contract in respect of that journey.
If the delay gives reason to assume that there is a substantial delay in the notification of subsequent shipments, the carrier may terminate the contract with respect to its remaining status.
The carrier shall be entitled to compensation, unless the delay is caused by the situation referred to in Article 32 (3).
Unless the carrier notites the carrier of the shipping plans in good time, the carrier may set a specified additional period. If the time is not excessively short and is not complied with, the freight forwarder may terminate the contract with respect to its remaining status. In this case, the provisions of paragraph 3 shall apply mutatis mutandis to the right to compensation.
If the carrier fails to notify the vessel in good time, the carrier may set a specified additional period. If the time is not unduly short and no notification has been made within an additional period, the carrier may terminate the contract in respect of the distance covered by the additional period.
If the delay gives reason to assume that a delay in the notification of the vessel is also relevant for subsequent ships, the carrier may terminate the contract with respect to its remaining status.
The carrier shall be entitled to compensation, unless the delay is caused by an obstacle independent of the carrier which the haulier cannot reasonably be required to take into account when concluding the contract and the consequences of which he could not reasonably have To avoid or win.
If no cargo, compensation for additional stands or other claims under the Agreement is paid at the right time, the carrier may set a specified additional period for the payment of the fee. If the time is not excessively short and the claim is not paid within an additional period, the carrier may suspend the contract or, if the delay is an essential breach of the contract, to terminate the contract.
The carrier shall be entitled to compensation for the loss resulting from the suspension of the contract or, if the contract is terminated, that the remaining journeys will not materialise.
At the end of each journey under the contract, the carrier shall have the right to hold the cargo for the security of the claims under the contract. In relation to a third person, this can only be done if the latter is indicated in the context.
In the event of a war or warlike conditions or a substantial increase in the risk of war, there will be an essential contribution to the fulfilment of the agreement, and the freight forwarder and the charterer shall withdraw from the contract without Liability for damages.
Anyone who wishes to withdraw from the contract is within a reasonable period of time to submit a declaration to the other side. If he does not, he is obliged to compensate for the damage that could have been avoided if the notification had been made in time.
The time limit taker shall provide the vessel with a time limit to the place and time agreed upon.
During the transfer of the ship, the time-cashier shall ensure that the condition of the vessel, the required documents, manning, moulding and other equipment comply with the requirements set out in the standard freight transport agreement Transport area.
The vessel shall also have enough fuel to reach the nearest suitable refuelling port. The time-out insurer shall receive the fuel and pay for it according to the price of this port.
On the occasion of the transfer of the vessel, both the time limit and the time limit provider may require the normal inspection of the vessel, its equipment and the remaining fuel.
Costs, including costs incurred as a result of an inspection, shall be borne by the parties in half.
The audit opinion shall be as proof of the condition of the vessel and equipment and of the remaining fuel, unless otherwise displayed.
When the parties have agreed that the ship is to be delivered at sea, the time constraint shall inform the time limit provider of the surrender and provide details of the vessel's location and place of supply.
The inspection referred to in Article 53 shall be carried out in the first port to which the vessel arrives. If the survey finds fault on board, the cargo shall not be paid for the time taken to repair the defect. If the time limit is terminated in accordance with Article 56 of the Treaty, the time limit taker shall not be entitled to cargo.
When, according to the charter, the vessel should be ready to take the load within a specified period ( Landing time ), the time limit provider may terminate the contract if the vessel is not ready to take the cargo or if the shipment declaration has not been made before the expiry of the deadline. If the vessel otherwise has to be surrendered within a specified period, the time limit shall be terminated if the time is exceeded.
If the time limit notifying the vessel is delayed and at the same time when the vessel is ready to take the cargo or ready to be released, the time limit shall be terminated if it is done within a reasonable time. If the contract is not dismantled, the notified date shall be a new time of landing.
If, in any other case, the ship is handed over too late, the time limit shall be terminated if the delay constitutes an essential breach of the contract.
If the ship or its equipment has a defect in the event of a supply, the time limit shall be entitled to a reduction in cargo or, where the breach of contract is material, the right to terminate the contract. However, the right to a reduction in cargo and the termination of the contract will not exist if the time limit is corrected by the time constraint without any delay which, according to Article 55, allows the time-time creditor to terminate the contract.
The time limit shall be entitled to compensation for loss arising from a delay or a defect in the event of a transfer. When the time constraint shows that the delay or fault is not due to his or any fault or negligence on his part, the right to such compensation does not exist. The time limit shall also be entitled to compensation for the loss of property or equipment which can be considered to have been guaranteed at the time of the agreement.
During the period of remission, the time limit shall be carried out on the journeys made by the time-time provider in accordance with the charter. In this case, the provisions of Article 52 (2) shall apply mutatis mutandis to the condition and equipment of the vessel.
The Time Lord shall not be obliged to carry out a journey, during which the ship, the persons or cargo on board would be endangered by reason of war or of any kind of war, or of the danger of the ice or any other risk, or of a material disadvantage that He cannot reasonably be required to take account of the agreement when concluding the contract.
The time limit taker is not obliged to include flammable, flammable, corrosive or otherwise dangerous goods unless it is left in such a condition that it can be transported and released in accordance with their requirements and recommendations, Issued by the authorities of the country of registration of the vessel, the host country and the authorities of the ports of destination. Nor is it obliged to transport live animals.
The time constraint shall inform the time-time giver of all matters relating to the ship and the trips which are relevant to the time limit. The time limit giver shall inform the time limit taker of the intended journeys.
The time limit shall be provided for fuel and water for the ship's machinery. He is responsible for the fact that the fuel supplied is in accordance with the agreed definition.
The time limit provider shall be responsible for the reception, loading, crapping, trimming, certification, unloading and delivery of the cargo. The slaughter shall be carried out in such a way as to ensure that the ship is safely balanced and certified. The time limit provider shall comply with the time limit user's instructions on the distribution of the cargo to the extent required for the safety and stability of the vessel.
The time-out lender shall require the ship's master and crew to participate in the work as is normal in the transport concerned. Overcompensation and other special compensation due to such work shall be paid by the lessor.
However, where a time limit is required to compensate for the damage caused by the loading, loading, trimming, verification, discharge or disposal of the cargo, the time limit shall ensure that the time limit shall not be affected by the time limit If it is not caused by the participation of the master or crew or by any other circumstance on which the time-limit taker is responsible.
For the journey to be made, the time-line producer shall, on request, provide a concretor of the goods loaded on the ship under conditions which are normal for the traffic in question. If, in proportion to its liability in relation to the holder of the konoscement, it is greater than the result of the agreement, the time limit shall be given by the creditor to ensure that he does not suffer injury.
The chronicler shall not be obliged, at the request of the creditor, to supply any goods to a consignee who does not demonstrate his/her right to do so, or otherwise in contravention of the judgment, in so far as he acts contrary to honour and conscience. The time limit taker may always claim a guarantee against any compensation that he may have to pay for such a transfer.
In accordance with Articles 24 to 35 and 37 to 39 of Chapter 13, the time limit taker is responsible for the damage caused by the loss, damage or delay of the goods when it is in his custody. Article 36 of Chapter 13 provides for the liability of the performing carrier.
The other addressee other than the time limit is also entitled to compensation under paragraph 1. If the consignee is in possession of a case-holder, he may also invoke the provisions of Article 5.
If a ship is not considered to be seaworthy or otherwise in accordance with the contract, or if the journey is delayed or if another breach of contract is caused by a time limit taker, the time limit may terminate the contract if the contract is intended to: Would essentially remain unfilled. If the time limit provider wishes to terminate the contract, he shall notify it within a reasonable period of time when he may be expected to have been informed of the breach of contract. If he doesn't do this, he'll lose his demolition rights.
The time limit shall be entitled to compensation for the damage caused by the destruction of the ship or of the fact that it is declared unfit for fitness after damage or the fact that the ship is not regarded as seaworthy or otherwise in accordance with the agreement Condition, if the damage is caused by a time-limit taker or any fault or omission in his/her responsibility. The same shall apply to damage caused by an error or negligence on the part of the master or crew involved in the work referred to in Article 61 (2), compliance with the time constraint's instructions or any other breach of contract.
The time limit taker shall be entitled to compensation for any damage to the ship arising from a time limit or a defect or omission in his/her responsibility.
If the damage is due to the fact that the time limit has been imposed on the ship's unsafe port, he shall be liable if he does not show that there has been no error or omission.
The time limit shall be paid by the time-out insurer to pay for the portion of the joint wound in the cargo. The same shall apply to the fuel and equipment part of the time limit on board the vessel. If the common haver provides for compensation for the expenses and losses incurred by the time-time giver, the compensation shall be paid to him.
The time limit shall be obtained without the consent of the provider's consent to the rescue. He may also save ships or other assets, unless it is an unreasonable time constraint. The time limit taker's contribution to the net rescue premium referred to in Article 11 (2) of Chapter 16 and the special compensation referred to in Article 9 (9) of Chapter 16 shall be equal to one third. (22/02/1363)
The Timetifier shall bear the costs of carrying out the travel which, according to the provisions of this Chapter, are not covered by a time constraint.
The time limit provider shall surrender the ship back to the time limit taker at the place and at the time it is agreed.
Article 52 (3), Article 53 and Article 54 (1) and the first sentence of Article 54 (2) shall apply mutatis mutandis to the surrender. The same applies to the situation where the agreement has been terminated or otherwise lapsed before the end of the season.
The Time Lord is obliged to allow the ship to take a new journey, even if the time allotted to the surrender is exceeded. However, this obligation shall not be required if the exceedance is longer than that which may be considered reasonable, or if the time interval has been fixed for the surrender.
The time limit shall be paid by the timeconstraint as provided for in paragraph 1. On the other hand, he has to pay a fair amount of time, but at least the agreed time-limit, as well as compensation for the damage caused to the time-taker of the delay.
Time tickets are paid in advance for 30 days at a time.
However, if the time limit for carrying out the deduction is made by the time limit which is at issue at issue, he is obliged to pay a time limit if the time limit is imposed in respect of the requirement of the security. However, the time limit shall not be required for a greater amount than the time limit he has paid.
If the time limit is not paid at the right time, the time limit for late payment shall be paid by the time limit in the interest rate at the latest at the time of the payment.
If the time limit has not been paid at the right time, the time limit shall be communicated to the time limit provider. Once the notification has been sent, the time limit shall be interrupted by the time-limit taker, as well as the refusal to load the goods or to provide conoscement. If no payment has been received within 72 hours of sending the notification, the time limit shall be terminated.
If the time-holder has suspended or terminated the contract, he shall be entitled to compensation, unless the time limit indicates that the delay in payment is due to the provision of the law, the interruption of public transport or the payment of charges, or Other similar obstacles which he cannot reasonably be required to take into account during the course of the contract and the consequences of which he could not reasonably have avoided or won.
If the time limit is not paid by the time limit, the time limit shall be required to require a time limit giver to transfer to him the means of payment of the vessel's retrocession to the time limit.
The time limit shall not be paid for the period of time the time limit of which the time limit is lost due to the maintenance of the ship, the maintenance of the vessel and the damage caused by the time limit on which the time limit is not liable, or otherwise on the side of the time constraints.
The obligation of the time-limiting provider to bear the costs incurred in the use of the vessel is limited in a similar way.
If a ship is destroyed or declared to be unfit for fitness after the damage, the curation agreement shall lapse, even if, according to the contract, the time limit taker is entitled to fix another vessel. The same applies to the coercive or equivalent measure, which is essential for the performance of the contract.
If the vessel has been destroyed and is not informed of the time of the event, the time limit shall be paid 24 hours after the vessel was last consulted.
If a vessel is in a port or another region where a war breaks out or where conditions such as war are formed, or where conditions are substantially increased, the time-limit shall immediately be removed from the area and to safety.
In addition to the time constraint, the time limit provider shall reimburse the time-limit taker for the additional costs of the ship's military operation and of the threat of war on the part of the crew due to the journeys required to be carried out by the time limit provider. On board.
In the event of a war or warlike conditions or a significant increase in the risk of war during the term of the contract, and this is essential for the completion of the settlement agreement, the time limit shall not be limited to the time limit and the time limit shall not be reached by the time-limit Liability for damages.
Anyone who wishes to withdraw from the contract must inform the other side within a reasonable period of time. If he does not, he is obliged to compensate for the damage that could have been avoided if the notification had been made in time.
The carrier shall: For the purposes of this Chapter, the person who, on the basis of the contract, in exchange for professional or consideration, shall take on board passengers or passengers and baggage.
Passenger Means the person transported or intended to be carried on board under the passenger transport contract and the person who, with the agreement of the carrier, is on board a vehicle or living under a freight transport contract. With the animal.
Travelly goods Means any object, including the vehicle, which is carried on behalf of the passenger, provided that the transport does not take place on the basis of a document normally used in connection with a chartering book, conoscement or any other type of goods. The baggage which the passenger carries with him or in his cabin, or which is otherwise in his custody during the journey, including the objects on his vehicle or on his vehicle, is hand luggage.
With the exception of Article 4 (2) and (3), and subject to Articles 21 and 22, the provisions of this Chapter shall be complied with, unless otherwise agreed or otherwise.
The provisions of this Chapter shall not apply to transport in so far as transport is subject to an international agreement on other means of transport.
If a person involved in the ship, who is not a passenger and is not employed or directly employed on behalf of the carrier, causes the damage referred to in Article 11 or Article 12, applies to each individual on the side of the ship, against whom Liability may be imposed, in line with the provisions of this Chapter on the limitation of liability of the haulier and the exemption from liability.
The carrier shall ensure that the ship is seaworthy, and shall also ensure that the vessel is properly manned, modified and equipped, and that the passenger and his luggage are rapidly and safely Are transported to the destination. The freight forwarder shall, mutatis mutandis, take care of the passenger's best.
Baggage shall not be transported on deck.
Derogation shall be granted only for the purpose of saving the life, the ship or the goods or for any other reasonable cause.
If the contract of carriage concerns a specified vessel, the haulier shall not carry out the transport on another ship.
If the contract of carriage concerns a specific person, this shall not give up its right to another contract. Once the journey begins, this right shall not be allowed, even if the contract does not apply to a specific person.
During transport, the passenger is obliged to comply with the provisions on order and security.
The means of escape are laid down in the Law on Maritime Labour (756/2011) Chapter 13 Articles 18 and 19. Article 19, which provides for a worker, also applies to the passenger. (17,061/768)
The passenger may carry a reasonable amount of baggage with him. If a passenger knows that his luggage can cause danger or significant harm to a person or property, he or she shall inform the haulier before the start of the journey. Similarly, he shall indicate if any luggage other than the hand luggage requires special treatment. For the purpose of this particular type of luggage, if possible, it shall be imprinted before the start of the journey.
The carrier shall have the right to prohibit any passenger from taking on a baggage which may pose a risk or material harm to a person or property.
Where such baggage has been introduced into the ship without knowing its characteristics, the carrier may, depending on the circumstances, be exported, rendered harmless or disposed of without being liable for compensation. The same shall be valid if, after the luggage has been taken on board, when the carrier is aware of its characteristics, it is found to be dangerous or essential to the person or property that it is not kept on board Defensible.
If the baggage has been caused to the carrier or to the ship, the passenger shall be liable if he or one of the persons responsible for his or her liability has caused the damage caused by his fault or omission.
The carrier shall not be obliged to dispose of any other luggage other than the hand luggage before the passenger has paid for the transport and the food or other services he receives during the journey. If no payment is made, the freight forwarder shall have the right to put the goods in storage and public auction or otherwise dispose of the goods in such a way as to ensure that he/she is covered and the costs of storage and sale are covered.
If the contract of carriage concerns a specified vessel and if, before the start of the journey, the contract is destroyed or declared unfit for fitness after the injury, the haulier's obligation to carry out the carriage shall cease.
If the ship's departure from the start of transport is substantially delayed, the passenger has the right to terminate the contract.
If the voyage is interrupted in such a way that the passenger cannot reasonably be required to continue to wait for the journey, or if the ship is destroyed or declared unfit for fitness after the damage, the carrier shall ensure that the passenger and his Their luggage shall be transported to the place of destination in another suitable manner and shall carry out the resulting costs. If the carrier fails, the passenger shall have the right to terminate the contract.
If a passenger is to be resident in countries due to an accident or any other circumstance, the carrier shall, in an appropriate manner, take care of him and carry out the resulting costs.
However, if a passenger does not take a journey or suspend it, the scheduled transport fee shall be carried out, except when the loss or interruption of the journey has been due to the illness or death of the passenger or any other reasonable cause; and The carrier has been informed within a reasonable period of time.
If, pursuant to paragraph 1, the passenger is required to pay an agreed transport fee, it shall, however, be reduced by a reasonable amount if the carrier has taken another passenger to his place or if the carrier has otherwise restricted or Could have limited the damage.
Where, following the conclusion of the contract of carriage, it appears that the conduct of the journey might result in a risk to the passenger or to the ship due to war, blockade, insurrection, restlessness, acts of piracy or other armed violence, or A substantial increase, both parties have the right to withdraw from the transport contract, even if the journey has begun. If the agreement is to be followed, both parties shall suffer their costs and damage.
If the passenger interrupts the journey in accordance with Article 8 (1), or if the contract of carriage is terminated pursuant to Article 7 (3) or, after the journey has commenced, pursuant to Article 9, the amount of the transport charge to be paid shall be reduced by: The amount shall be determined by taking into account the length of the remaining and agreed distance and the time and costs they require.
If the freight forwarder has been paid more than the first subparagraph of paragraph 1, he shall return the excess.
The carrier shall be liable for the personal injury suffered by the passenger on the journey from the event of the incident, if the damage has been caused by a fault or negligence on the part of the carrier or of any of his or her negligence. The same applies to the injury caused by the delay in the passenger, even if the delay is not attributable to the event.
The carrier shall be liable for damage caused by the loss of or damage to the luggage during the transport of the luggage, if the damage has been caused by a fault or negligence on the part of the carrier or of any of his or her negligence. The same applies to the damage caused by the delay in the luggage, even if the delay is not due to the event. In the case of delayed transport, the delay in the delivery of the luggage to the passenger is considered to be at the destination.
The carrier shall not be required to replace money, securities, works of art or other particularly valuable luggage, unless he has retained that property.
Where a passenger's side has contributed to the damage referred to in Articles 11 or 12, the compensation may be adjusted according to the Article 1 of Chapter 6 of the Law on Compensation Provides.
In order to be free of responsibility, the carrier shall show that the damage referred to in Article 11 or Article 12 has not been caused by an error or negligence on his part or by any of his or her responsibilities. This applies to personal injury and loss or damage to hand baggage only if the loss or damage has occurred in the event of a shipwreck, collision, charade, explosion, fire or vessel.
The liability of the carrier per passenger is limited to 175 000 special drawing rights (SDR) for personal injury to the passenger and to 4 150 SDR for delay in transport.
For damage, loss or delay of transport of luggage, liability shall not exceed:
1 800 SDR for each passenger, when the question is hand luggage;
(2) 6 750 SDR for each passenger, when the question is an item of value taken by the haulier;
3) 10 000 SDR per vehicle; and
4) 2 700 SDR for each passenger, when the question is other luggage.
The amounts referred to in paragraphs 1 and 2 shall mean a total liability for any damage sustained during the same journey. These amounts shall not apply to interest or to legal costs.
Special drawing rights shall mean the unit of account defined in Article 2 (2) of Chapter 23.
The carrier may take over more responsibility for itself than that provided for in Article 15.
The carrier shall have the right to deduct from the amount of injury as a personal exposure of the passenger:
1) 150 SDR for each vehicle damaged;
(2) 20 SDR for damage to other baggage; and
(3) 20 SDR for damage caused by the delay in the passenger or luggage.
The reduction shall be made by the amount of the damage before the limitation of liability in accordance with Article 15.
The freight forwarder is not entitled to invoke the provisions of Articles 15 and 16 in order to limit liability or to reduce liability if he himself appears to have caused the damage intentionally or by gross negligence, knowing that such an accident Probably would be.
However, if the carrier is wholly or partly carried out by someone other than the freight forwarder, the carrier shall be liable as he would have carried out the entire transport himself. The provisions of this Chapter shall apply mutatis mutandis.
The person carrying out the transport in the case referred to in paragraph 1 shall be liable for its transport in accordance with the provisions in force in relation to the freight forwarder. If the carrier has taken on any of the responsibilities other than those referred to in this Chapter, he shall not be bound by it unless he has agreed to it in writing.
Where both the haulier and the person referred to in paragraph 2 are responsible, they shall be jointly and severally liable for the damage.
The provisions of this Chapter on the liability of the carrier for exemption or limitation shall be valid even if the claim against him is not based on the contract of carriage.
In the event of a claim for compensation under the responsibility of the haulier against a person acting pursuant to Article 1 (1) of Chapter 7 or Article 18 of this Chapter, this shall have the right to an exemption or restriction of the same liability as the freight forwarder. The amounts of compensation which the freight forwarder and a person acting under his responsibility may be required to carry out shall not exceed the exposure limits laid down in Article 15.
The provisions of paragraph 2 shall not be valid for the benefit which appears to have caused the damage caused by intentional or serious negligence, knowing that such damage would be likely to arise.
The right to claim compensation due to the damage suffered by the passenger or the delay in his transport shall be limited to the passenger himself or his successors or, when the passenger is dead, only by: Chapter 5 of the Law on Compensation Is entitled to compensation.
The provisions of Article 4 (2) and (3) of this Chapter shall not be replaced by an agreement.
The contractual conditions limiting the rights of the passenger in accordance with Article 5 (3) and Articles 6 to 20, Article 1 (1) (3) and (5) of Chapter 19 and Section 5 of Chapter 21 of this Chapter shall be ineffective:
(1) in the event of transport in or between Finland, Norway, Sweden or Denmark, or in the transport of such countries, irrespective of the law otherwise applicable to transport; and
2) in relation to other transport, if the Finnish law is applicable to the transport of general Finnish law by law.
Other provisions of this Chapter shall apply only where otherwise agreed or otherwise.
Notwithstanding the provisions of Article 21, the carrier shall, notwithstanding the provisions of Article 21, exempt himself from liability under this Chapter in relation to the passenger's arrival in the period after the arrival of the passenger on board and in his/her lands. In the case of maritime transport between the vessel and the shore, such agreements shall not be permitted if the transport is included in the price of the ticket or is made available to the carrier by means of a means of transport.
In the case of a hand luggage which is not stored on or on board the vehicle, the carrier may exempt itself from liability under this Chapter prior to the introduction of hand luggage and to its countries. From the post-export period. However, responsibility for exemption shall not be allowed for the ship or ship referred to in paragraph 1, nor for the period during which the hand baggage is in the custody of the haulier in the terminal building of the passenger, On the platform or in another port facility.
If it has been agreed that a specific part of the carriage shall be carried out by the vessel owner other than the carrier, the carrier shall be relieved of its responsibility for the damage caused by the other ship's share of the vessel's transport Of what happened. The same applies to cases where, according to the contract of carriage, the passenger is entitled, in whole or in part, to another haulier for transport.
Article 21 (5) of Chapter 21 provides for the competent courts in a dispute concerning liability arising from an agreement on the carriage of passengers and luggage.
Article 1 of Chapter 19 provides for the limitation of the limitation period.
The Finnish Transport Safety Agency shall, on application, issue a certificate to the registered owner of a vessel registered in the Finnish Fleet Register on the liability of carriers of passengers by sea in the event of an accident (EC) No 392/2009, below Athens Regulation , the validity of the insurance or guarantee referred to in Article 4a of Annex I. The Finnish Transport Safety Agency may also issue a certificate of compliance if the vessel is not registered in any Contracting State.
The Finnish Transport Safety Agency shall withdraw the certificate when the conditions for its granting are no longer fulfilled.
The certificate shall be kept on board and a copy of the certificate shall be deposited with the Traffic Safety Agency. The ship shall not be used for navigation without a certificate.
Payment of the certificate referred to in this Article shall be subject to payment in accordance with the State payment law (150/1992) Provides.
More detailed provisions on the certificate referred to in this Article shall be laid down by a decree of the Government.
The Agency shall monitor compliance with Article 4a of Annex I to the Athens Regulation.
The Transport Safety Agency shall have the right to prohibit the departure of the vessel and to suspend its journey unless accompanied by a certificate of insurance or security required by Article 4a of Annex I to the Athens Regulation.
The Transport Safety Agency shall be in accordance with Article 25 (1) of Regulation (EU) No 1177/2010 of the European Parliament and of the Council on the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 The competent body. The Consumer Ombudsman, the Consumer Committee and the Åland Autonomy Law Article 30 of the ec Treaty ( The powers of the Board under paragraph 10 to monitor compliance with consumer protection laws shall be laid down separately.
In addition to what is laid down in the law on the right of the consumer authorities to impose penalties, the Transport Safety Agency may prohibit the carrier, the terminal operator, the tour operator, the travel agency and the ticket vendor Provisions of Regulation (EU) No 1177/2010 of the European Parliament and of the Council amending Regulation (EC) No 2006/2004 on the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 or imposing a change or correction of Comply with the requirements of the Regulation. The prohibition and order shall remain in force until the deficiencies have been rectified. The Finnish Transport Safety Agency may impose a penalty payment on the periodic penalty payment. The penalty payment is laid down in the (1113/1990) .
The decision to conclude an appeal under Article 27 of the Transport Safety Agency shall be as follows: (18/06/1996) Provides.
The decision may be implemented immediately, even if it has not obtained the force of law, unless otherwise specified in the decision or otherwise determined by the appeal authority.
For the purposes of this chapter:
(1) Sea rescue, A measure taken to assist the shipwreck or any vessel or other property at risk in the waters of the shipwreck;
(2) On board Watercraft and navigable equipment;
(3) Property Property not permanently and intentionally mounted on the shore;
(4) Damage to the environment On pollution, pollution, fire, serious physical damage to human health, marine life, coastal or inland waterways, or to natural resources, resulting from a serious incident Related areas.
The provisions of this Chapter shall apply in cases where a dispute concerning maritime rescue is dealt with by a Finnish court or arbitration procedure in Finland.
The provisions of this Chapter shall also apply where both the rescued and the salvage vessel have the same owner.
The provisions of this Chapter shall apply to the issuing of or control by the Authority only to the extent that they are not provided for or ordered elsewhere. However, a sea rescue party involved in such a sea rescue shall be entitled to a rescue fee or special compensation in accordance with the provisions of this Chapter.
The provisions of this Chapter shall not apply to fixed or floating platforms or to transferable seabed units when such platforms or units are in place and are used for the exploration of mineral resources in the seabed, Exploitation or production.
Moreover, the provisions of this Chapter shall not apply to the Ancients (185/1963) , unless it has been specifically agreed.
The provisions of this Chapter may be waived by agreement. However, the agreement may not restrict the obligation under this Chapter to prevent or limit damage to the environment in accordance with the provisions of this Chapter by the owner, the master of the vessel, the ship master or the owner of the vessel or any other property. Paragraph 11 (5) provides for the validity of certain agreements on the distribution of the rescue premium.
The master of the vessel shall have the right to conclude a sea rescue agreement on behalf of the vessel owner. The owner, the ship-owner and the master of the vessel shall be entitled each individual to conclude a sea rescue contract on behalf of the owner of the property on board or the property.
The agreement on the award of a sea rescue or the condition in such an agreement may be reasonably or not taken into account if the contract has been concluded under the influence of pressure or risk, or the contract or its condition is disproportionate, or where: The amount of the rescue or special compensation provided for in the contract is not commensurate with the sea rescue work carried out.
The provisions of Article 10 (3) shall be complied with even when a contract has been awarded.
The sea rescue shall be obliged to the owner of the vessel and to the owner of the vessel and to the owner of the other property covered by the sea rescue:
(1) carry out the maritime rescue work with due care;
(2) respect due diligence during sea rescue operations to prevent or limit damage to the environment:
(3) to request the assistance of other marine salvage operators whenever circumstances so require; and
(4) allow other sea rescue fishermen to participate in the rescue operation if the owner, vessel or master of the vessel, or the owner of any other property at risk, request and request a reasonable request; if it turns out that such The request was unreasonable, the participation of others did not affect the level of the rescue fee.
The owner, the master of the vessel, the master and the owner of any other property which is the subject of the sea rescue shall be obliged, in relation to the sea rescue, to:
(1) cooperate fully with the marine player during sea rescue operations;
(2) respect due diligence during sea rescue operations to prevent or limit damage to the environment; and
(3) Upon request, the sea rescue vessel shall be entitled to receive the rescued vessel or other assets after it has been secured.
The sea player has the right to a rescue mission if the rescue was successful. The rescue premium shall not exceed the value of the saved vessel and other assets. Interest and costs shall not be charged to the rescue fee.
Saving human life in itself does not justify the rescue. However, in the event of a sea rescue, the person who is saved shall have the right to a reasonable proportion of the rescue fee or special compensation belonging to the marine salvage vessel.
Notwithstanding paragraph 1, the specific compensation referred to in Article 9 may be submitted.
The amount of the rescue premium shall be determined in such a way as to encourage civil protection and taking into account:
(1) the value of the saved vessel and other assets;
(2) the skill and effort of marine players in the rescue of the ship and other assets, as well as in the saving of life;
3) the skills and efforts of marine players to prevent and limit damage to the environment;
(4) the extent to which sea rescue workers have succeeded;
(5) the nature and degree of seriousness of the hazard;
(6) the time spent by sea rescue operators and the costs and losses incurred;
(7) the risk of marine rescue workers being liable to compensation and other risks to which marine rescue workers or their equipment have been exposed;
(8) the speed of civil protection;
(9) access to and use of vessels or other equipment intended for civil protection;
(10) the condition and effectiveness of marine salvage equipment and the value of equipment.
The owner of the vessel and the owner of any other property shall pay the rescue fee in proportion to the value of the saved property belonging to them.
In the case of the distribution of the rescue premium, the elements referred to in Article 6 shall be taken into account in Article 6.
If the salvage operation of a sea rescue vessel has been directed against a vessel which itself or whose cargo has threatened to cause the damage to the environment, the sea-rescue shall be entitled to receive special compensation for its costs from the ship's owner and the ship's master. However, the special allowance shall be paid only in so far as the compensation exceeds the rescue premium determined in accordance with Article 6.
If, under the circumstances referred to in paragraph 1, a sea rescue vessel has prevented or restricted the occurrence of damage to the environment, the special compensation may be increased by the amount corresponding to a maximum of 30 % of the costs of the salvage vessel. However, if a reasonable consideration is given, the compensation may be increased to a maximum of 100 % of the costs of the salvage vessel. In this case, the points mentioned in Article 6 should be taken into account.
The costs of the sea rescue operator shall mean reasonable costs and reasonable compensation to the marine salvage operator for marine salvage operations, and the equipment and staff used in the rescue operations. When calculating the compensation, account shall be taken of the elements set out in Section 6 (8) to (10).
If a sea player has been careless and has therefore not prevented or restricted the damage caused to the environment, the special compensation may be partially or totally denied him.
The person who acts in accordance with the agreement before the risk is entitled to a rescue or special compensation only if the measures taken have been such that they cannot reasonably be considered to be part of the contract.
However, in spite of the express and justified prohibition of the ship's owner, ship-master or master, who has participated in the rescue, there is no entitlement to a rescue fee or special compensation. Nor is there any right to a rescue or special compensation if the owner of any other property at risk, which is not and has not been on board, has expressly and rightly prohibited participation in the rescue of the sea.
Rescue or special compensation may be refused, in whole or in part, if the rescue has been caused or impeded as a result of an error or negligence on the part of the marine rescue agent, or if the sea rescue has committed fraud or fraud in connection with the rescue of the sea rescue; or Other fraudulent acts.
If a ship registered in Finland has saved something on the way, compensation must first be paid for the damage caused to the ship, the cargo or to any other property on board, compensation The costs of the fuel and the costs of the master and crew, incurred as a result of the rescue of the sea, and the compensation referred to in paragraph 3.
Remaining part of the rescue premium ( Net rescue fee ) The vessel shall receive three fifths of the remnant and the master of one third and the actual crew of two thirds. The proportion of the crew is allocated to them in proportion to their remuneration. The master's contribution shall, however, always be at least twice as high as the proportion of the highest-paid sailor. The pilot in the vessel shall receive a portion of the rescue fee as if he were a member of the crew and, unless he is employed by the ship-master, he would receive the same salary as the first officer.
In addition to the contribution provided for in paragraph 2, where a seaman has been highly gainfully involved in the rescue or exposed to a special hazard, compensation may be granted to him. The seafarer who makes such a claim shall, within three months of the end of the sea rescue, inform the ship or master thereof.
Where specific reasons, such as the purpose of the trip to the ship or the calculation of the salary or compensation to be paid to the ship, give rise to the issue, the rescue fees may be broken down by means other than those provided for in paragraphs 1 to 3.
A contract whereby a smaller proportion of the salvage operation on board is carried out by the master or crew than is provided for in this Article shall be negligible, unless it is a ship carrying out sea rescue and is: Specially equipped for that purpose, or in the absence of a specific rescue contract concluded in the context of a take-out.
The provisions of this Article shall apply to the distribution of the rescue fee of the Finnish State, even where the vessel is used exclusively for non-commercial purposes of the State. However, the master's contribution to the rescue fee shall be carried out to the master of the master or to his match, if he has taken himself as the master of the vessel in the event of a rescue. The permanent master of the vessel shall receive his share of the remuneration to the crew in proportion to his remuneration. The State may waive the rescue fee as a whole without being held liable for the persons on board. The share of remuneration to be taken into account in the allocation of the future rescue fee to the vessel, the distribution of the share between the different vessels of the State and the surrender of the rescue fee to the vessel are laid down in greater detail by the Government Decree.
A ship not registered in Finland shall be subject to the legislation of the State in which the vessel is registered. If the rescue of the sea rescue has not been carried out, the rescue fee shall be allocated in accordance with the legislation applicable to the agreement between the sea rescue operator and those employed.
On the basis of the provisions of this Chapter, a guarantee shall be lodged, at the request of the salvage operator, on the payment of the rescue fee and special compensation. The guarantee shall also cover interest and costs. Where such a security is lodged, the sea rescue shall not be invoked to invoke the lien on the rescue fee requirements.
The owner and the ship-master of the rescued vessel shall contribute to the fact that the owner of the cargo shall lodge a security before the cargo is released for the purposes of the requirements imposed on him. The security shall cover interest and costs.
The rescued vessel or other rescued property shall not be transferred without the consent of the sea rescue vessel to be transferred from the port or place to which the property was first taken after the rescue of the sea, unless the security of the sea rescue operator is secured Set.
If, owing to the refusal to accept the security offered by the rescue or the owner, the vessel has to stay or the owner of the property does not acquire the property, the security offered shall be deemed to have been sufficient and secure, the savior shall replace it all: The damage he caused.
A court or arbitrator competent to deal with the requirements of a sea rescue operator may, at the request of the salvage operator, temporarily order that the rescue fee or special compensation be paid a reasonable advance. Subject to the nature of the case, such an advance may be made subject to the condition that the sea rescue is to be subject to the provision of the security or any other reasonable conditions attached to the circumstances.
When the vessel has saved another vessel or its cargo, the master of the rescued vessel shall not represent the owner of the cargo when the cargo is claimed for the rescue fee.
If not immediately ascertained whose cargo it is, the court, at the request of the rescuer or the insurer, shall order an unhindered and informed trustee to represent the owner of the cargo in all matters concerning the rescue fee requirements for the cargo. The same applies if the owner of the cargo is not without difficulty or loss of time can be reached.
The provisions of this Chapter do not entitle a foreign State to seizure or other security measures relating to cargo, where the cargo is used exclusively for non-commercial purposes and enjoys during sea rescue Immunity in accordance with generally recognised principles of international law.
The provisions of this Chapter shall not authorise the seizure of a cargo which a State has donated for a humanitarian purpose, or any other precautionary measure relating thereto, if the State concerned has undertaken to pay the goods Rescue operations.
Unless otherwise agreed, the 1974 York-Antwerp rules as specified by the Regulation shall apply to the injury, loss and cost of the common haverine and their distribution.
The clearing and sharing of the joint oxidation shall, unless otherwise agreed, be submitted to the maritime court in the country and in the place where the vessel is designated. In Finland, a maritime accident report is submitted by a maritime casuer.
Maritime insurance, based on the marine insurance contract, provides for maritime insurance to be covered by a law in the field of maritime insurance in the field of maritime insurance (1) .
The maritime operator shall be subject to the separate provisions.
The damage caused by a vessel in a common havern or its needs shall be assessed, unless otherwise agreed, in accordance with Article 17 (17) of Chapter 18, in the place where the repair is carried out if it takes place. , but otherwise in the place where the journey ends. The accident shall be assessed at the latest by the place where the cargo is unloaded.
In the case of a vessel or of a ship that uses the ship instead of a vessel, it shall without delay ask the seamen to submit a report on maritime damage and, at the same time, identify the names and addresses of the known parties.
Any person concerned shall, without delay, hand over all the documents which he considers necessary for the declaration of injury and the distribution of the damage, and shall provide him with the necessary information.
If the application is made for cargo or other goods, the owner is responsible for the goods but not in person.
The right to withhold the goods corresponding to the excise duty is laid down in Article 20 of Chapter 13 and Article 25 of Chapter 14. If the goods are supplied without the owner's liability for personal liability, and without the fact that he or she is required to lodge a guarantee, the vessel owner shall be responsible for the application of the oxidation charge to any other person involved in the search for an oxen In relation.
Damage, loss or cost which, in the event of an accident, of a vessel or of a cargo and which, according to the same criteria, are not considered to be a common haverine, or in accordance with Article 15 (3) of Chapter 13 or Article 40 of Chapter 14, must be kept: In the form of private haverina and the objects to which the damage or loss has been incurred or the cost incurred.
Where the costs of private oxidation are collectively accumulated on behalf of a vessel and of a part of the cargo or cargo, or parts of a cargo belonging to different owners, these costs shall be allocated to the parts of the articles for which they are: Born, in accordance with the criteria in force on a common basis. The costs of saving the cargo shall be divided between the value of the cargo and the freight carried out.
The report of the Haver and the division provided for in paragraph 2 shall be transmitted by the setator to the applicant, if it so requires.
Where a maritime accident report is requested, the seagoing counsellor shall be invited without delay in the Official Journal by alerting the holder, in a short period of time, in writing to the seagoing counsellor, to present what they are entitled to. And to provide him with the documents to which they wish to rely. If the marine casualer identifies the documents submitted to him incomplete, he shall, as soon as possible, require the necessary clarification from the interested parties.
After the expiry of the period prescribed in the alert or, in the absence of complete documentation, as soon as it has been completed, the Tribunal shall, as soon as it has been completed, shall, without delay, and within two months thereafter, the At the date indicated on the bulletin board and in the Official Journal, to complete the statement of damage in two copies, bearing the mark, in which time the dissatisfaction may be shared with a view to maintaining his/her discretion; , as provided for in Article 8 of Chapter 21.
On the date referred to in paragraph 1 and on the date of the declaration referred to in paragraph 2, the seer shall inform the parties concerned or their agents if their place of residence is known.
The information referred to in paragraph 3 and Article 8 (2) of Chapter 21 may be communicated by letter.
If the goods lost in the case of damage to the marine casualisation are recovered, or if the compensation has subsequently been substituted for the damage, loss or cost of the distributed damage, the additional calculation shall be made in accordance with the additional calculation. However, the submission of a report on maritime damage must not be delayed simply because there is a wish to recover the object of the sacrifice or damage, loss or expense.
Each vessel used for foreign transport shall, if not otherwise provided for under paragraph 3, keep the logbook and, in the case of a ship being aeroplanes, in addition to a separate logbook.
Both the ship and the engine journal shall be in accordance with the established formula, with the flanking and sealing device.
The Regulation shall establish whether and to what extent a logbook shall be kept on a ship used for foreign transport, with a gross tonnage of not more than 500 gross tonnage, and whose journey does not extend further west than to Lindesnäs and To the line between Hanstholm or to Cuxhaven, as well as on board the domestic transport and the fishing vessel.
The keeping of certain other journals is regulated separately.
The logbook shall be kept by the master or under his supervision. The Chief Engineer is kept under supervision by the Chief Engineer or under his supervision. Labels shall be made in chronological order, by frequency and by security at sea. What happens during the course of the guard may be provisionally entered in the notebook, but the markings are, if possible, before the end of the 24-hour journal.
The journal must be kept in accordance with order and clarity. What is written in it must not be removed, erased or otherwise made impossible to read, but when incorrectly indicated, the correction shall be made to the relevant part of the diary.
The shipping logbook shall be clearly indicated on what happens during the journey and which may be of benefit to the ship-keeper, the cargo owner, the insurer or any other person whose right to travel may be affected.
The machinery journal shall indicate the stocks of the fuel and other materials required for the machinery at the time of departure of the vessel and the daily consumption of the vessel, and otherwise all relevant aspects of the operation and management of the machinery.
The time for the marking time of the machine logbook shall follow the same local time that is used in the logbook. The clock of the engine room must be at least once a day compared to the clock on the bridge.
The Ministry of Transport may provide more detailed provisions for keeping the diary.
When the diary becomes full or otherwise cannot be used, or if it has been lost due to an accident, the master shall request a new diary from the relevant authority if the vessel is in a Finnish port. If the vessel is abroad, the master shall draw up a new diary in accordance with the prescribed formula and request the first port to which he is reached, the Finnish Foreign Office or, unless there is any other authority, to withdraw it. And to provide it with its power material and to witness the number of pages. Thus, when a new diary is drawn up or displayed, the master must at the same time present a former diary and request, immediately after the last entry, a certificate stating that the diary has been shown and a new diary given to the ship. If the master is not able to present a diary, the reasons must be stated and included in the new diary.
No one may be deprived of such information on the content of a diary of which his right depends. However, in the case of a clash of ships, this must be followed only in a trial where an action is brought against the collision.
Paragraph 1 shall also apply to the Norwegian, Swedish or Danish diaries, when the vessel is in the port of Finland.
The logbook shall keep the journal for at least three years after its closure. Since the event marked in the diary has been initiated in a period of time, it shall be maintained until the case has been settled by a judgment.
What is provided for in this section of the diary shall also apply to the notebook kept for the diary and to what technical means are used to navigate the ship's navigation and its machinery.
The master of a Finnish vessel shall provide the marine life:
(1) when, when the ship is in the process, one person has died or has suffered severe bodily injury or may be presumed to have occurred;
(2) where, in connection with the use of the vessel, any person on board or any other person on board the vessel is dead or has suffered severe bodily injury or may be presumed to have occurred;
3) when someone is killed on board;
(4) when serious poisoning occurred on board or may be expected to occur;
(5) when the ship has crashed into another vessel or ran aground;
(6) when the ship is abandoned at sea;
(7) where the ship has been or is likely to have been or may have been incurred on the ship or, in the case of a vessel, considerable damage to the property outside it; or
8) where there has been a significant fire, explosion or transition.
In the case of a Finnish vessel, the sea voyage shall also be provided when, following an event which has occurred or which may be expected to occur in connection with the operation of the vessel, the Traffic Safety Agency shall be so determined by the Traffic Safety Agency or by the master or the ship-master. Requires or, in the case of a significant injury to the goods and the request of the cargo owner or the insurer of the cargo.
If the Traffic Safety Agency determines the provision of a sea certificate or the owner of the cargo or the insurer of the cargo is requested, it shall be notified to the master or to the ship manager, who shall make a declaration in accordance with Article 7 (2).
Exemptions from the obligation to provide maritime transport in certain cases are laid down in Article 11 (2), Article 14 (2) and Article 15.
In accordance with Article 1 (1) of Chapter 21, the designation is assigned to the area of the law of the sea in which the event occurred or to which the vessel or its master first arrives. The allocation of the designation may be postponed until the vessel enters another port, provided that, without overcrowding the purpose of the sea life, a significant cost saving on board or other essential interests can be achieved. For such a deferment and for that reason, the master or ship shall immediately notify the Transport Safety Agency in writing.
The master or agent shall, as soon as possible, be accompanied by the master or agent, as soon as possible, pursuant to paragraph 1, to the law of the sea or to its chairman. The notification shall take place in writing and the registration document shall be accompanied by a copy of the notification referred to in Article 8 and information on the whole crew and the persons who are presumed to be able to provide clarification, and, if possible, Of all those who may be affected or their agents.
In Norway, Sweden and Denmark, a sea voyage is given in respect of a Finnish vessel to which the law of the country has jurisdiction. Otherwise, there will be a sea report abroad for the Finnish delegation, which has been authorised by the Ministry of Foreign Affairs to receive the marine life. When this can be done in a timely manner, it will be assisted by two representatives of the maritime affairs, preferably Finnish, Norwegian, Swedish or Danish nationals who are not aesthetics to act as judges. In a place where there is no legitimate Finnish representation for this purpose, the Marine certificate may be given to it by a foreign delegation in Norway, Sweden or Denmark, which, according to the law of his country of origin, is entitled to receive a sea settlement.
Where a sea complaint has been issued abroad, or if an investigation has been submitted by a foreign authority for the reasons of the accident, the master shall ensure that a copy of the minutes prepared by the authority concerned is certified by the authority concerned. Are sent to the Transport Safety Agency and the Accident Investigation Centre.
When the vessel has disappeared or has been destroyed and no one has been saved, an investigation shall be submitted to the ship's hometown in the event of an incident, unless the Traffic Safety Agency prescriplies it elsewhere.
More detailed provisions on the application of the provisions on marine life are laid down by the Regulation.
When, according to Article 6, the marine life is to be provided, the master shall without delay send a written notification of the event to the Traffic Safety Agency or, if the vessel is abroad, to the nearest Finnish Foreign Office within the meaning of Article 7 (3). For representation.
The master shall also issue a declaration:
(1) when the event referred to in Article 6 (1) (1) has occurred in port or in the case of red;
(2) when someone has fallen from the ship and drowned or so may be presumed;
(3) when required by the Transport Safety Agency for any event which occurred or which may be expected to occur with the ship;
(4) where the marine life is requested pursuant to Article 6 (2); and
(5) where the ship, the cargo or property outside the ship has been or can be presumed to have suffered material injury.
The notification, which shall be drawn up by filling in the form prescribed by the Ministry of Transport and Communications, shall contain an exhaustive description of the event and of what may be helpful in criticising its reasons, together with a full copy From the event to the logbook and the logbook entries.
Notification of the collision of a ship with another vessel shall not be communicated to the other side for information before the seaworthiness of the event has been referred to the court or other authority concerned.
The Foreign Office of Finland, which has received the notification referred to in this section, shall, when the notification is no longer required, immediately send it to the Transport Safety Agency.
When the registration for the provision of a marine life has taken place as provided for in Article 7, the law of the sea shall provide, where possible, in accordance with the wishes of the master, the time of the sitting for the purposes of the court and order The master at the time of presentation of the ship's journals and the related notebooks, if they have been kept and kept, and other documents or articles which may shed light on the matter, as well as in the case of a hearing. Identify those persons who are presumed to be best placed to provide explanations; Issue. The time of the sitting shall be communicated to the alert board in the form of an alert or, in the event of delay, the information to be given to the persons concerned or to their agents in the locality. As well as to the shipping service and also to the public prosecutor.
The obligation to submit referred to in paragraph 1 may be imposed on the threat of a fine, when deemed necessary.
The experts shall be informed without delay of the declaration made for the release of the marine life. They shall be familiar with the documents annexed to the registration document and, if so, before the sitting, to explain to the bathing of the sea the questions on which information on the quality of the accident is necessary from a technical or technical point of view. To investigate.
When dealing with the issue of marine life, the right to seek a full explanation of the accident and its causes. At the beginning of the proceedings, the content of the ship's logbooks and notebooks shall be compared with each other and the notification referred to in Article 8 attached to the registration document. After that, the master and then the persons invited to settle the matter shall be given each separately, if possible, a single report on the event. If a report is incomplete or vague, the right must try to find out what he really has seen from the event. Once all the reports have been submitted, the master and the parties present shall be given the opportunity to comment on them. The court shall then request the master and the persons referred to in the case for the purpose of the report, unless there is a legal impediment, by oath or by insurance, of the report after their entry into the Protocol.
The right may invite other persons in the crew other than those who have been designated by the master, as well as persons not covered by it, and, where appropriate, to carry out a review on board or accident site and to obtain expert opinions. Questions which require special expertise to be criticised. A person who has been summoned or whose assistance has been used shall receive compensation from State resources at the discretion of the court.
Where the sea certificate is provided in a place other than that referred to in Article 7 (1), the entry shall be recorded for the reasons which led to it.
In the case of a sea settlement involving the collision of a ship with another vessel, the sea may permit the adoption of a sea statement if the sea certificate can be issued at the same time as the seaworthiness of another vessel or a corresponding report. With. Such postponement shall not be granted for a longer period than is strictly necessary. If the purpose of the deferral is not to be achieved, the right shall, when the master of the vessel or the vessel owner, in respect of which the Marine certificate is first given, request and not any specific reason as an obstacle, to prescribe that the marine life be part or totally Behind closed doors and the presence of non-shipowner and official prosecutor, as well as the representative of the Transport Safety Agency and the customs authority and the representative of the Accident Investigation Authority.
When the collision has taken place on a foreign vessel, in respect of which no documentation corresponding to the marine life is submitted, there is no need for a sea life unless otherwise specified by the Transport Safety Agency.
In the case of a ship domiciled in Norway, Sweden or Denmark, the competent Finnish court shall, when the master or ship manager or the national authority in the country of origin of the ship, take the view that it is Necessary. For the rest of the foreign vessel, if there is a reason, a sea settlement will be taken in such a case.
If the Finnish Transport Safety Agency considers that an event which took place in connection with the use of a foreign vessel is required for maritime safety and the vessel is at the port of Finland, the Finnish Transport Safety Agency may order the award of the marine life.
Where the authority referred to in paragraph 1 deems it necessary for the sea to be required, or if the Traffic Safety Agency determines to give it, it shall be notified to the master or the ship manager. The declaration shall be issued by one of them in accordance with Article 7 (2).
Articles 10 to 12 provide for the provision of a sea life for the right to be given to the Finnish delegation, if applicable. However, the delegation cannot take any oath or insurance or impose a penalty payment.
The minutes to be drawn up for the processing of marine life shall be delivered free of charge to the shipping service. The Protocol shall be issued on request to the ship master or to the master.
If the marine noise is found to be incomplete in some respects, the Transport Safety Agency may order it to be completed. In such cases, the provisions of Article 6 (3) and Article 7 shall apply accordingly.
Where a satisfactory explanation of the event referred to in Article 6 is or may be expected to be available in another way, the Transport Safety Agency shall allow the sea statement to be withheld, or the submission of such a report shall be suspended Pending.
Merisling is not necessary if the event is investigated by the safety investigation (25/2011) In accordance with
The review and assessment of which this law provides, or to which the ship-master, the chief or the interested party wishes to rely on cases brought under this law, shall be provided by the public survey and assessment persons, unless: The parties do not agree, or unless the public inspection and assessment bodies can be used without greater harm.
As a public survey and assessment, the amount of the Law of the Sea for a limited period of time, not exceeding three years, shall be determined by the appropriate number of competent persons. The law of the sea may also, when a matter arises, withdraw the order of that order. The survey and assessment by sea is competent throughout the country, with the exception of the Province of Åland.
Where possible, it shall be possible to take into account, where possible, the expertise and knowledge of both shipping and shipping services and knowledge of the goods, as well as the ability of delivery men to provide written information Statements.
In order to determine the categories of persons involved in the Law of the Sea, the Law of the Sea shall be sought by the associations of the professionals concerned or by other appropriate bodies to propose to persons who have the skill to undertake such a task and who agree to receive the task.
Suppliers shall be at least two and shall be accessible without hindrance, as well as the selected public survey and assessment bodies with the required expertise.
If more people are calling for delivery and do not agree with the delivery man, everyone should invite as many.
Deliveries shall have the right to treat the vessel and cargo to the extent necessary to ensure that the delivery can be carried out accurately.
If those who have been invited to submit a survey and assessment consider the need for expertise that cannot be properly carried out without a survey, they may invite experts to assist in the delivery. In such a case, the assistance of a non-public survey and assessment man may also be used.
If the ship's survey raises the question of whether or not the vessel should be declared unfit for fitness, the delivery men must notify the Law of the Sea, which then orders one of its members, together with the delivery men, to consider and decide on the matter. The same applies if the party concerned informs the law of the law that it is necessary for the inspectors to consider such a question.
If the vessel is declared to be non-fit, it shall be notified without delay to the law of the sea.
If the party concerned is dissatisfied with the survey and assessment carried out by his or any other party's survey and assessment by the party, he may ask for a new survey and assessment of the Law of the Sea if it is still available. In this case, in addition to one of its members, and in addition to the surveys and assessment reports referred to above, sea law shall be accompanied by the same number of other public surveys and assessments, together with a new shipment.
The public survey and assessment body shall be required for the supplies to which he has been requested to keep a list of the time, the period of delivery, or the survey and assessment persons who, together with him, have carried out the supply; and Which of them keeps the original copy of the delivery book.
A copy of the delivery book shall be a copy of the redemption for the party requesting it.
Where a vessel is abroad when a survey or assessment is necessary, the order in force there shall be maintained.
If the vessel has suffered damage resulting in significant physical activity or delay, the master shall organise the inspection and assessment of the vessel. The inspection and evaluation officers shall assess the damage and the value of the ship damaged and shall also issue an opinion on the measures to be taken to address the damage and shall calculate the necessary costs. If the ship is put in order, the completion of the work shall be determined by means of a new survey, whether the vessel is in condition that the intended journey can be made.
If the cargo is substantially damaged or where there is reason to suspect that the cargo is in such a condition that special measures are required in order to preserve it, or if the unloading of the cargo is necessary due to damage to the ship, The master shall arrange the inspection of the cargo. When the cargo is deemed to have been damaged, the delivery men shall issue an opinion on the cause of the damage caused, and shall propose the measures to be taken.
If, in the opinion of the master, it is necessary to verify that the possible damage to the cargo has not been caused by errors of bone, overcrowding, bystander or chassis, or any other reason, he shall arrange for: Roadworthiness test.
If, when opening or unloading of hatches, it is apparent that the goods have been damaged or suspected of having been damaged, they shall, where possible and when, before the goods are transferred on board, determine the damage Reason and, where appropriate, its scope.
Such a survey shall be called the recipient of the cargo, if that is not the case.
In order to obtain payment, the following claims shall be made, irrespective of whether the liability is limited or unlimited, be initiated:
(1) the rescue fee or the claim for special compensation referred to in Article 16 (9) within two years from the date on which the rescue operation ended and the amount of the rescue premium in accordance with Article 11 (11) of Chapter 16 was available during the year when: The person concerned has received a notification from the ship's ship of the amount of the rescue premium and the amount of the contribution; however, the person concerned may, within the period of application, extend that period by informing the applicant of the claim; (22/02/1363)
(2) reimbursement claims arising from a collision or event mentioned in Section 6 of Chapter 8, within two years from the date on which the damage occurred and, if the result is due to the fact that someone has carried out more in accordance with Article 3 of Chapter 8; As he has become, within one year of the completion of the quantity;
(3) a claim based on the death or delay of a passenger or a delay in the carriage of a passenger within two years from the date on which it was supposed to take place or when the death occurred when the death occurred; After, within two years from the date of death, no later than three years after the date of entry into the countries;
(4) a claim based on the fact that the goods have been lost or damaged or their transport has been delayed, or that false or incomplete information has been provided in conoscement, within one year of the supply of the goods; or Should have given up;
(5) a claim based on the fact that the luggage has been lost or damaged or its transport has been delayed, within two years from the date on which the cabin baggage has been landed or the other baggage has been released or, if the goods are During the period when the withdrawal or transfer of the countries should have occurred; and
(6) the claim resulting from the payment or the cost of the joint oxidation which must be apported according to the same criteria as it was, within one year from the date on which the damage to the marine casualty was obtained.
(7) compensation for the oil damage referred to in Chapter 10 or the fuel damage referred to in Chapter 10a, within three years of the damage caused. (7.11.2008/686)
In the case of an application for compensation based on paragraph 1 (4), the parties may, after the event giving rise to the action, agree to extend the period provided for therein. The application shall be made after the date of the application, but not later than one year after the date on which the principal claim has been fulfilled or the application for it has been brought.
The extension or suspension of the limitation period referred to in this article is in force in Finland, as provided for by the Finnish law, even if the legal relationship otherwise applies to foreign law. In any event, the periods referred to in paragraph 1 (3) and (5) shall not be extended for more than three years from the date of entry into or landing in countries or should have taken place.
However, in the case referred to in paragraph 1 (7), the action shall not be brought any further after six years after the date on which the accident occurred, or if the damage was caused by the series of events, the date on which the first event occurred. Hurt. (13.10.1995/421)
Where, in cases other than those referred to in paragraph 1, the debtor is liable for compensation or for any other payment to which the ship's master is liable, or for which only the goods are loaded, the claim must be brought in order to obtain payment of the compensation. Within one year of the date on which the damage occurred and any other being received within a period of one year from the date on which it was due. If, at the same time, the creditor is entitled to demand payment from the ship-master, the holder or the other, without any limitation of liability, the maintenance of the right to carry out the application must be complied with, which is generally provided for. (13.10.1995/421)
If the claim referred to in this paragraph has been referred to the maritime operator, the action shall be deemed to have been brought in order to obtain payment. (13.10.1995/421)
If the master, without compulsion, has gone to sea on board a vessel whose hull, machinery or equipment has had such defects or has been so badly manned, or so heavily or so heavily loaded or so; In the case of inappropriate weight, he should have noticed the apparent danger of life on the ship producing the journey, he should be condemned to a fine or imprisonment for a maximum period of one year.
The prison master or other person shall be condemned to the sentence referred to in paragraph 1 if he intentionally led the master to such an infringement or promoted or acted in favour of it, including the ship-master or other, rather than the master of the ship. In the case of the ship, if he was aware of deficiencies and faults as mentioned above, it has been neglected, if his power has existed, to prevent the ship from going to sea.
If the master fails to fulfil his obligations under Chapter 6, Section 3, he or she shall be condemned to a fine or imprisonment for a period not exceeding six months.
The prison master or other person shall be condemned to the sentence referred to in paragraph 3 if he intentionally led the master to such an infringement or promoted or acted in favour of the master, including the ship-master or other who, in place of the ship's master, has: Acted on the ship in case he was aware of the defects or inadequacy of the ship's seaworthiness and equipment, if he has had access to it, to take care of the removal of the defect or defect.
If the master has failed to comply with the provisions of Section 9 of Chapter 6, he must be condemned to the fine.
If any measure or omission within the meaning of this Article has caused injury, the perpetrator shall be condemned, unless the offence is punishable elsewhere, in the cases referred to in paragraphs 1 and 2, to a maximum of two years in prison. In the cases referred to in paragraphs 3 and 4 for a period not exceeding one year.
If the master, other than in the manner referred to in Article 1, or the Chief Engineer, the copilor, the engineer or any other person on board a vessel which carries out a significant role in the field of maritime safety, fails to act as a good seaman Shall be condemned, in the absence of a heavier penalty, fine or imprisonment for a period not exceeding one year, in order to prevent a maritime accident.
If the master has failed to comply with what is his obligation under Section 4 of Chapter 6, he must be condemned to the fine.
If the master or the master does not give to someone who is entitled to do so, information on the content of the logbook or of the notebook which has been held for that purpose, or of the technical means of the ship's navigation and the operation of its machinery, shall be: Condemn the fine.
If a shipmaster fails to comply with his obligation to keep a logbook or a notebook dedicated to it, or what is indicated in paragraph 2, he shall be condemned to the fine.
If the chief defaults, which is laid down in Chapter 18, he must be condemned to the fine.
If the master is to benefit himself or the other in order to gain or injure, or to produce, a diary, destroyed, concealed or made impossible to read, he shall be condemned, unless otherwise specified elsewhere. Penalty, fines or imprisonment for a maximum period of two years, or when the conditions are very attentive, fine.
If the master otherwise gives false or misleading information in the diary, he shall be condemned to the fine, unless there is a heavier penalty elsewhere.
The Chief Engineer, the copilor, the engineer or the radio operator responsible for the action referred to in paragraphs 1, 2 or 3 shall be condemned as provided for.
A master who fails to declare himself in accordance with Article 7 (2) of Chapter 18 for the purposes of the provision of a marine life or which is responsible for the deferral of the granting of a marine life, without the conditions laid down in Article 7 (1) of Chapter 18, shall be: Condemn the fine.
If the master fails to submit a declaration as provided for in Section 8 of Chapter 18, he shall be condemned to the fine. If, in such a declaration, he deliberately gives false or misleading information, he will also be condemned to the fine, unless something else is harsher punishment.
A master who fails to act on the basis of Article 5 of Chapter 8, when a collision or an event mentioned in Article 6 of Chapter 8 has occurred, shall be condemned to a fine or imprisonment for a maximum of two years.
A commander who fails to do something he is obliged to do under Section 11 of Chapter 6 shall be sentenced to a fine or imprisonment for a period not exceeding six months.
If the master is deliberately guilty of dishonesty against the master, the cargo owner, the insurer or any other person whose right and interests are to be controlled under this law, he shall be condemned, unless otherwise specified elsewhere. Imprisonment, imprisonment for up to two years.
If the offence referred to in paragraph 1 has been committed with serious negligence, the perpetrator of the offence shall be condemned to a fine or imprisonment for a period not exceeding one year.
The host, who has failed to fulfil its obligations under Section 4 (2) of Chapter 22 and thereby caused damage to the holder of the mortgage, shall be condemned to a fine or imprisonment for a maximum period of two years.
If the master leaves his post and rejects the vessel entrusted to him, he shall be condemned to a fine or imprisonment for up to two years.
If the master leaves the ship at risk, without complying with the provisions of Section 12 of Chapter 6, or otherwise as a good seaman, he shall be condemned to a fine or imprisonment for a period not exceeding one year.
§ 9 has been repealed by L 29.12.2009/16 .
Anyone who fails to comply with Article 10 or Article 11 of Chapter 10 shall be obliged to: On the failure to comply with the insuring of a ship carrying oil Fine or imprisonment for a period not exceeding six months.
The same punishment also condemns the shipowner who allows the ship to be used for shipping, even though he knew or should have known that the obligation to convince him was not fulfilled. The same applies to the ship's use of the vessel and to the master of the vessel.
If the vessel does not carry the certificate referred to in Article 10 (10) or (11), the master shall: On the non-compliance of the insurance certificate with the insurance certificate of the vessel carrying the oil Fine.
Anyone who fails to comply with the obligation laid down in Article 7 (2) to take out insurance or to lodge a security shall be condemned On the failure to comply with the obligation to insure maritime claims Fine or imprisonment for a period not exceeding six months.
If the vessel does not carry the certificate referred to in Article 3 of Chapter 7, the master of the vessel shall be Non-compliance with the attestation of professional secrecy of the insurer or guarantor of the law on the law of the sea Fine.
A master who has been convicted of a criminal offence or a water drink mentioned in Articles 1, 2, 4, 8 or 9 may, at the same time, be sentenced for a limited period of time to lose the right to be the master of the ship, when specific Eligibility criteria. If the offence proves that he is unfit to carry out any other action on the ship, he may also be condemned to lose his qualifications.
The Chief Engineer, the co-pilot, the engineer or radio operator who has been convicted of a criminal offence referred to in Article 2 or in Article 4 (2), and if the offence proves him unfit, shall apply: Respectively, as provided for in paragraph 1.
For the purposes of this Article, the right shall immediately be notified to the maritime government and, in the case of a radio operator, including the telecommunications operator.
What is laid down in this chapter for the offence committed by the master is also applicable when the offence has been committed by the person who has been placed instead of the chief.
Penalty from the water supply and the supply of a vehicle to the drunk driver Chapter 23 of the Criminal Code Articles 5 and 8.
The official prosecutor shall not press charges for the offence referred to in Article 7 unless the plaintiff has declared the offence to be committed.
Competent primary rights ( Maritime law ) In cases and cases which have to be resolved under this law, the Court of Appeal shall:
The Court of Appeal of Turku: District Court of Åland and the District Court of Southwest Finland;
Vaasa's Court of Appeal: District Court in the North Sea;
Eastern Finland Court District Court: District Court of South Savo;
Helsinki Court of Appeal: Helsinki District Court;
Rovaniemi District Court: District Court of Oulu.
When dealing with matters referred to in Chapter 4 and in the cases referred to in Articles 21 and 22 of Chapter 18, there is a quorum when it is the chairman of the Law of the Sea alone.
In the case of cases and matters referred to in paragraphs 1 and 2, the Court of Justice shall be represented by an unimpeded person who is knowledgeable in the field of maritime affairs and who is acquainted with them. However, the presence of experts is not necessary if the President of the Law of the Sea is of minor importance or, in the interests of its quality, so decides.
Maritime experts and four alternates shall be designated by sea experts for a two-year period. No one without a legal obstacle can refuse a mission.
Before the expert takes his action, he must take the oath.
The expert shall, when the court or he himself considers it necessary to clarify the case, assist the court with the necessary clarifications on maritime and nautical-nautical matters. For that purpose, the expert shall, through the President of the Court of Justice or with his consent, have the power to ask the person concerned, the witness or the person summoned to submit a report. If the court asks for an expert's opinion on a specific question, he shall place it in the minutes.
The expert shall receive a reasonable fee for each case, the right of which to be ordered separately from each session. In the case of the dispute, the claimant shall pay the premium in advance, but it remains a burden on the losing side. For other cases and for assisting the processing of the marine life, a fee shall be paid from State resources as provided for in the Regulation.
The disputes which are dealt with under this Act shall, unless otherwise specified below, be challenged in the law of the sea in the court of law in which the defendant is domicile or permanently pursues his movement or where the vessel is situated. The home of the host company shall be considered as the place of residence of the vessel.
If a security has been lodged with the authority to secure the release of the vessel from the seizure or any other security measure, the application shall also be brought into the court of law in the court of law in which the security is lodged. The receipt of the guarantee from which the security is lodged may be raised in this maritime law, even if the security has been released.
In order to obtain compensation for damages under Chapter 10, it may be brought before a Finnish court if the accident has occurred in Finland or in the Finnish exclusive economic zone within the meaning of Article 1 (10) of that Chapter, or if the control measures are: To prevent or restrict such damage in Finland or in the exclusive economic zone of Finland.
In addition to the provisions of Article 3, an action for the imposition or distribution of a rescue or special compensation under Chapter 16 may be brought under the Law of the Sea in the court of law in which the rescue was carried out or where the property saved was imported. Countries.
If the action referred to in paragraph 1 relates to marine rescue operations carried out elsewhere than in Finland, an action may be brought in the Helsinki District Court in addition to that provided for in Article 3.
In order to obtain compensation for damages under Chapter 10a, it may be brought before a Finnish court if the damage has occurred in Finland or in the eez of Finland or where the control measures have been taken to prevent such damage or In Finland or in the Finnish exclusive economic zone.
If an application under paragraph 1 can be brought before a Finnish court, the action may be brought before the same court for compensation for other damage caused by the same injury event.
An application for compensation under paragraphs 1 and 2 may be brought before a Finnish court in the Helsinki District Court.
Where a limitation fund referred to in Section 7 of Chapter 9 has been established after the injury event in Finland and the registered owner or insurer against whom an action is taken in Finland or in another Contracting State is entitled to limit its liability, Addressing the questions of the Helsinki District Court concerning the allocation of a reserve fund to compensation for damages.
The case of liability on the basis of a contract for the carriage of goods may be raised only in the area of the Law of the Sea:
1) where the defendant has a head office, or where the head office is not where the defendant has his habitual residence;
(2) where the contract of carriage was concluded, provided that the defendant has an office, a branch or a representative through whom the contract was concluded;
(3) where the agreed loading port or the agreed and actual landing port is located; or
4) which is provided for in the transport contract.
The action may also be raised in the area of the Law of the Sea, where the ship carrying the goods has been seized or has been subject to another safeguard measure. Where a security has been lodged with the Authority for the release of the vessel from seizure or any other safeguard measure, the action may also be brought in the area of the law of the place where the security has been lodged. The receipt of the guarantee from which the security is lodged may be brought before the latter, even if the security has been released.
Paragraphs 1 and 2 shall not preclude temporary measures.
In the case of carriage of passengers or luggage, an order may be issued for the purpose of bringing an action on liability based on such transport, on the basis of the applicant's choice, only in the context of the Law of the Sea in which the defendant has Domicile, or in which he is principally engaged in movement, or in the court of law in which the place of departure or place of destination according to the contract is situated. The agreement in which the applicant's right to choose, where he puts the action, is more limited, is ineffective.
Paragraph 2 has been repealed by L 6.11.1998TO 396 1999.
Notwithstanding the provisions of paragraph 1, the action may also be brought in the area of the law of the place where the ship carrying out the transport has been confiscated or has been subject to another security measure. When the security has been lodged for the release of the vessel from the seizure, the provisions of Section 3 (2) of this Chapter shall apply. (11.1998/ 396 ν 1999)
Subject to Section 60 of Chapter 13 and Article 4 of this Chapter, a dispute may be dealt with in accordance with Section 3 of the Convention on the Law of the Sea.
The dispute may be dealt with in the case of the law of the sea other than those referred to in Articles 3 and 4, even where the defendant has not made a complaint before the Court of Justice before the Court of First Instance that he has been challenged in response to the other As under the law of the law of the sea.
If any claim based on the act or omission of the master wishes, at the same time, to pursue an action against both the master and the ship-master, he has the right to challenge them both to the law of the sea in which one of them is obliged to reply.
Anyone who is dissatisfied with the marine casualty report shall be brought before the Court of Justice in the area of the law of the sea in which the report has been issued, not later than 30 days after the maritime casualty report was issued.
Before proceeding with the case, the law shall provide the other parties or their agents with an opportunity to be heard, if their place of residence is known.
If the maritime damage report has not been criticized, it must be respected.
The provisions of this Act shall not apply where the other follows from the jurisdiction of the Court of Justice and the execution of judgments in civil matters and the protocols thereto (SopS 44/1993 and SopS 26/1999).
The criminal cases which must be condemned under this law and the cases of infringements of the provisions relating to the prevention of the clash of ships are dealt with in the court of law in the court of law in which the offence was committed. If the offence was committed on the journey, the case shall be dealt with in the court of law in the court of law where the defendant is first arrived or otherwise found or where the vessel is domiciled.
Minor criminal cases may be dealt with and resolved in the context of the dispute in the case of the Law of the Sea, unless they can be separated or are closely linked.
In the case of maritime cases other than those referred to in Articles 8 and 9, the exchange of written pleadings between the parties to the development of both requirements and to the extent to which the claims made on the sides or otherwise is contested shall be submitted. For that purpose, within a specified period of time, a statement of the law of the law of the sea or a court of law shall, on the one hand, and on behalf of the applicant, the other and the documents relied on in pleadings, two copies of which the other You can have another. When there is a particular reason, the Law of the Sea may, at the request of the dispute, grant him a deferral of pleadings. When the time for exchange of pleadings has elapsed, the Law of the Sea must determine the date on which the case will be brought before the courts.
If, in the case of the Law of the Sea, the case is of such a simple quality that it can be dealt with immediately, it may be challenged that the exchange of written pleadings should not be submitted.
If the party concerned has not complied with the provisions of Article 10, and if it has been the result of a delay, he shall reimburse the costs resulting from it.
Where this law does not provide otherwise, the procedure for the law of the sea shall be governed by the law of the District Court.
An amendment to the Convention on the Law of the Sea other than those referred to in Article 8 shall be applied to the Court of Appeal, as provided for in the Court of Justice.
Anyone wishing to appeal against the judgment in Article 8 of the Law of the Sea may, at the risk of losing his power to speak, no later than 30 days after the judgment was declared, to submit a book of appeal to the Supreme Court for the Law of the Sea. It's just two of them. The letter shall be accompanied by the documents which he considers necessary.
The other party may take the second copy of the Boards of Appeal and shall, within one month of the end of the period of appeal, give its explanation to the law of the sea and the documents to which he wishes to rely. If he does not do this, he will lose his right to be heard.
After the explanation is given or the time of the explanation is given without an explanation, the law of the sea shall, without delay, send written pleadings, with all the relevant documents and the relevant documents and phonograms, and A copy of the judgment or a decision to be taken as a separate document to the Supreme Court.
If, according to this law, arbitration is to be settled by arbitrators, the provisions of Article 61, Chapter 13, of the arbitration procedure shall be followed. (967/92) .
Where access is sought from a ship or a cargo which is an asset, the application shall be examined by the court of the place of residence or the place of residence of the vessel.
The shipowner or the master and the holder of the cargo, if he resides or stays in the locality, shall provide an opportunity to be heard.
Any person who, under this law, has a lien on the ship's transhipment shall be brought before the court of the place where the owner has his habitual residence to lodge an action against the owner. If this does not apply in Finland, paragraph 1 shall apply.
If the court or tribunal approves the action referred to in Article 1, the court or tribunal shall, at the risk of forecleroing the claim referred to in Article 1, confirm the claim.
If the vessel is sold by means of exit, the right to be paid immediately for the purchase price, if sufficient, and the vessel must move to the purchaser free of any other lien than that of the Debt capital of which the holder of the mortgage prior to the distribution of the purchase price has indicated that it is allowed to remain in the vessel and which the buyer has taken over. By the way, the distribution of the transaction will be carried out in accordance with the provisions of the exits law.
The vessel's share shall not be sold other than by maintaining the lien on which the ship is in force.
If the vessel has been declared worthless and then sold, every lien on the ship and, on the other hand, the creditor has the same right to the purchase price if it is not paid or the master or the master's representative In custody.
If a ship abroad is measured or destroyed or declared worthless, the mortgage-holder shall be entitled immediately to receive payment of its claim, even if it is otherwise not due. The charge shall be promptly notified to the registry authority and to the holder of the attachment. If he fails to do so, he shall reimburse the mortgage-holder as a whole.
The goods which are loaded on the vessel of departure shall not be foreclosed or confiscated, provided that such a measure would result in a delay and would infringe a third right.
Nor shall the master or anyone on board receive, once the vessel has been cleared and otherwise ready for departure, for the sake of the debt, not to take a trip, nor to what he has brought to the ship, to foreclose or confiscate.
Where the judgment in the case of compensation for an oil spill has been issued in another Contracting State and has been obtained there and is enforceable there, it shall, subject to Article 9 of Chapter 10 or Article 21 (3) (4) of Chapter 21, without Shall be implemented in Finland if, according to the 1992 Liability Convention, the courts of the Contracting State concerned have had the right to settle the matter. However, there is no obligation to enforce a foreign judgment if the liability of the vessel owner is thus exceeded.
Enforcement shall be submitted to the Helsinki Court of Appeal and the application shall be accompanied by:
(1) the judgment in the original or authenticated copy of the relevant authority;
(2) the explanation given by the relevant authority of the State in which the judgment is given, that the judgment relates to compensation in accordance with the 1992 Liability Convention, that it has obtained the force of the law and that it can be implemented in the said State; and
(3) if the abovementioned documents have been drawn up in a language other than Finnish or Swedish, a certified Finnish translation or Swedish version of them.
The documents referred to in Article 2 (2) (1) and (2) shall be accompanied by a certificate stating that the document has been issued by a competent authority. The Certificate shall be issued by the Foreign Office of Finland or by the supreme judicial authority of the issuing State.
An application for enforcement shall not be accepted without reservation to the counterparty for its defence.
If the application is accepted, the judgment shall be carried out in the same way as the judgment handed down by the Finnish court, unless the Supreme Court, on the basis of the application for an appeal, has the other amount.
If, in accordance with the provisions of the 1992 Liability Convention, the Fund has been established in accordance with the legislation in force there in another Contracting State, and if the owner or insurer of the vessel against whom the claim for compensation has been brought in Finnish The Court of Justice has the right to limit its responsibilities, it must be stipulated by the Court that the judgment may be executed only after the law of the State concerned has, according to its legislation, been resolved with regard to the issue of the allocation of the Fund.
Subject to paragraph 2, the provisions of Article 6 of this Chapter shall apply mutatis mutandis to the implementation of the judgment on compensation for pollution damage referred to in Chapter 10a of the second Contracting State.
Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters shall apply to the judgment given in a Member State of the European Community.
The authority responsible for the management of maritime law in the province of Åland, in the province of Ahvenanma, provides for the management of cases in the province of Åland, as well as in the Province of Åland, in accordance with the law of the sea, as well as in the areas of the maritime law. Of the law (18/04/80) .
Special drawing rights ( Special Drawing Right, SDR ) For the purposes of this law, the International Monetary Fund defines a special drawing rights.
The conversion of the special drawing rights into Finnish currency shall be transmitted according to the course of the day on which the liability is lodged with the security or, unless the security is set at the time of the payment. However, the conversion of the exposure amount referred to in Article 15 (15) shall take place at the rate of the date of payment. In the case of conversion, the value of the Finnish markka shall be determined using the method of calculation applied by the International Monetary Fund at the date of its operation.
This Act shall enter into force at the time laid down by the Regulation.
This law repeals the Maritime Act of 9 June 1939. (167/40) With its subsequent modifications.
However, the Regulations adopted pursuant to the repealed Act shall remain in force, save as otherwise provided by the Regulation.
The agreement on the transport of goods concluded before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act. Where, after the entry into force of this law, the conoscement or the shipping document has been issued on the basis of such an agreement, this law shall apply in relation to the third person.
However, the agreement on the carriage of passengers before the entry into force of this Act shall be governed by this law if the event on which the liability is based has occurred after the entry into force of this law.
Where other provisions of law or other legislation refer to the provisions of the repealed law, reference shall be made to the corresponding provisions of this law.
THEY 62/94 , LiVM 9/94This Act shall enter into force at the time laid down by the Regulation.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 344/94 , LiVM 26/94
This Act shall enter into force at the time laid down by the Regulation.
THEY 158/95 , LVM 2/95, EV 97/95
This Act shall enter into force at the time laid down by the Regulation.
As long as the International Convention of 1969 on Civil Liability for Oil Pollution Damage (SopS 80/80) is in force for Finland, the liability arising from the oil spill shall be governed by this law Or rather than the provisions of the Liability for Oil Pollution Damage (401/80) , unless the law on the abrogation of the law on liability for oil spills (422/96) Otherwise specified.
THEY 26/95 , YmVM 4/95, EV 47/95
This Act shall enter into force on 1 July 1996.
THEY 67/96 , LVM 4/96, EV 66/96, Council Regulation 95 /3051/EC; OJ L 320, 30.12.1995, p. 14
This Act shall enter into force on 1 March 1997.
THEY 147/1996 , HVM 17/1996 EV 142/1996
This Act shall enter into force on 1 January 1999.
THEY 219/1998 , Case 14/1998, EV 152/1998
This Act shall enter into force at the time laid down by the Regulation. Prior to the entry into force of this Act, prior law shall apply.
92/1998 , LaVM 9/1998, EV 109/1998
This Act shall enter into force on 1 October 1999.
THEY 32/1997 , LaVM 24/1998, EV 263/1998
This Act shall enter into force on 1 January 2000.
THEY 14/1999 LiVM 4/1999, EV 90/1999
This Act shall enter into force at the time of the Council Regulation.
Where the event on which liability is based has occurred before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
As long as Finland is a contracting party to the 1976 Convention on Limitation of Liability for the Law of the Sea, a party requiring a limitation of liability and a right to liability and habitual residence, or The principal place of business in one of the foreign States Parties to the 1976 Convention, but not in a foreign State party to the amending Protocol, shall be subject to the provisions in force at the time of entry into force of this Act.
THEY 190/1999 , LiVM 3/2000, EV 69/2000
This Act shall enter into force on 1 February 2002.
THEY 71/2001 , HaVM 14/2001, EV 99/2001
The entry into force of this Act shall be governed by a presidential decree.
The purpose of this Act is to bring into force the International Maritime Organisation's Civil Liability for Oil Pollution Damage, concluded in London on 18 October 2000, The provisions of the 1992 Protocol on the modification of the liability limits of the Protocol amending the Convention as committed by Finland.
In the event of an accident occurring before the entry into force of this Act, the provisions of Chapter 10, Article 5 (1), which entered into force on the date of entry into force of this Act, shall apply.
THEY 5/2002 , YmVM 3/2002, EV 32/2002
This Act shall enter into force at the time of the presidential decree.
THEY 22/2002 , THEY 213/2002 , No 20/2002, EV 198/2002
The entry into force of this Act is laid down by a Council regulation.
THEY 171/2003 , YmVM 1/2004, EV 22/2004
This Act shall enter into force at the time of the Council Regulation.
Pending the entry into force of this Act and the rescue work started, the provisions in force at the time of entry into force of this Act shall apply.
THEY 97/2006 , LiVM 19/2006 EV 163/2006
This Act shall enter into force at the time of the Council Regulation.
THEY 223/2006 , LiVM 25/2006 EV 214/2006
This Act shall enter into force on 1 June 2008.
THEY 175/2007 , LiVM 5/2008, EV 37/2008
The entry into force of this Act is laid down by a Council regulation.
Before the law enters into force, measures may be taken to implement the law.
THEY 140/2008 , LiVM 10/2008, EV 100/2008
This Act shall enter into force on 1 January 2010.
Regulations adopted on the date of entry into force of this Act, with the exception of the Regulation on the safety of leases (168/1983) , the ship-master safety management system and the Regulation on management arrangements for the safe use of the ship (1999) And the Regulation on the manning of the ship, the qualification and keeping of the crew (186/1997) And the provisions of the Maritime Organisation shall remain in force in so far as they do not conflict with the technical safety and safe use of the ship (1686/2009) Or the law on ship and ship safety (1687/2009) With. However, the regulations and regulations shall be renewed within three years of the entry into force of these laws. (12/01/1507)
On the date of entry into force of this Act, cargo bar books, inspection documents, certificates and security books, certificates, certificates, authorisations, exemptions, derogations, derogations and other decisions shall be valid for the purposes of: For a specified time. However, the documents currently in force, with the exception of the certificates of occupation, certificates of competency and additional certificates of competency, are valid until the end of 2012. (12/01/1507)
Authorisations under the Regulation on the safety of temporary boats and other decisions will remain in force until the end of 2015.
THEY 250/2009 , LiVM 26/2009, EV 228/2009
This Act shall enter into force on 1 January 2010.
Upon entry into force of this Act, the case pending shall be postponed:
1) From the District Court of Turku to the District Court of Southwest Finland;
2) From the Vaasa District Court to the North West District Court;
3) from the Savonlinna District Court to South Savo district court;
4) From the home district court to the Kymenvalley District Court.
Notwithstanding the provisions of Article 1 (1) of Chapter 21 of this Act, the District Court of Western UUusimaa shall consider, at the time of entry into force of this Act, a case pending before the Raasepori District Court.
Before the law enters into force, action can be taken to enforce the law.
THEY 227/2009 , LaVM 18/2009, EV 240/2009
This Act shall enter into force on 1 June 2011.
THEY 204/2010 , HaVM 40/2010, EV 366/2010
This Act shall enter into force on 1 August 2011.
THEY 174/2010 TyVM 15/2010, EV 303/2010
This Act shall enter into force on 1 January 2012.
THEY 83/2011 , LiVM 10/2011, EV 60/2011
This Act shall enter into force on 1 May 2013.
This law shall apply two months after the entry into force of this Act for ships which do not have an existing insurance or a valid guarantee within the meaning of Section 2 of Chapter 7 at the time of entry into force of this Act.
THEY 205/2012 , LiVM 4/2013, EV 26/2013
This Act shall enter into force on 1 April 2014.
Notwithstanding the provisions of Chapter 21, the District Court of Kymenvalley shall deal with the entry into force of this law at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 153/2012 , LaVM 2/2013, EV 28/2013
This Act shall enter into force on 1 March 2015.
THEY 270/2014 , LiVM 29/2014, EV 238/2014
This Act shall enter into force on 20 August 2015.
The purpose of this Act is to bring into force the amendments to the 1996 Protocol of 9 June 2012 amending the 1976 Convention on Limitation of Liability for Maritime Claims in London, as amended by: Finland is committed to them.
In the event of an accident occurring before the entry into force of this Act, the provisions of Chapter 9, Article 5 (1), which entered into force on the date of entry into force of this Act, shall apply.
THEY 7/2015 , LiVM 2/2015, EV 6/2015
