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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The oil hedge fund is a non-governmental fund managed by the Ministry of the Environment.
The Oil Shelter Fund shall be compensated for the costs of oil pollution and the prevention of the damage and the costs incurred in restoring the environment as set out below. In addition, the Fund shall compensate and provide grants for the acquisition of equipment for the purchase of control equipment and the maintenance of the response capacity.
Under this law, discretionary allowances and grants to be granted under the Oil Shelter Fund are subject to the State Aid Act (2002) , subject to this law. The oil protection fund is a State aid authority within the meaning of that law. Chapter 4-6 of the State Aid Act shall apply mutatis mutandis to the compensation to be paid to the oil hedge fund for which the applicant is entitled under this law.
For the purposes of this law:
(1) With oil
(a) crude oil and petroleum products derived therefrom;
(b) oily mixture;
(c) waste oil; and
(d) waste oils;
(2) Oil-protected oil-based oil Liquid products falling within the customs tariff headings 27.07, 27.09 and 27.10.
The Oil Shelter Fund has a government which is set by the Council of State for three years at a time, and the staff of the State.
The government must be represented by the central authorities, the municipalities, the oil sector and environmental protection organisations in the fight against oil pollution. The Board of Directors may have the task of preparing and handling matters.
A more precise composition of the Board of Directors and its section is laid down by a decree of the Government.
The Petroleum Shelter Fund shall be charged with an oil spill from imported oil and petroleum products transported through Finland for EUR 1,50 per tonne of oil. The fee shall be doubled if the oil is carried on a tanker which is not equipped with a double bottom of the whole cargo area. If there is any doubt as to whether the oil protection levy is to be recovered, the customs authority shall obtain an opinion before a decision is taken on the Security Agency. The Transport Safety Agency shall also, where appropriate, lay down provisions as to when the tanker shall be deemed to have a double bottom.
§ 5 is L 1791/2009 Temporarily in force from 1 January 2010 to 31 December 2015. The previous wording reads:
Petroleum protection shall be charged to the oil hedge fund for an oil-borne oil-based oil levy of EUR 0,50 per tonne for each tonne of oil spills transported through Finland. The fee shall be doubled if the oil is carried on a tanker which is not equipped with a double bottom of the whole cargo area. If there is any doubt as to whether the oil protection levy is to be recovered, the customs authority shall obtain an opinion before a decision is taken by the Maritime Department. The Maritime Organisation shall also provide, where appropriate, more detailed provisions as to when the tanker shall be deemed to have a double bottom.
The oil imported from a Member State of the European Community from a Member State of the European Community is obliged to pay the oil protection levy which receives the oil in Finland. The levy on oil transported from another Member State is liable to be paid by the consignment of oil from another Member State. If the oil arriving in Finland is established in another Member State or in Finland is set out in Article 144 of Regulation (EC) No 450/2008 of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code) In the transit procedure or in the export procedure referred to in Article 178, the person liable shall be the holder of the procedure referred to in Article 4 (29).
Oil imported from outside the European Community from or through Finland shall be obliged to pay an oil protection levy by the customs declaration referred to in Article 4 (10) of the Regulation referred to in Article 4 (10) of the Regulation In the case of imported oil, for the first time, or which, in accordance with Article 157 of oil, sets a free zone procedure.
Where there is more than one payment obligation referred to in paragraphs 1 or 2, each charge shall be jointly and severally liable for the payment of the oil security charge.
L to 1791/2009 Article 6 shall enter into force at the time of the Regulation. The previous wording reads:
The oil imported from a Member State of the European Community from a Member State of the European Community or transported through Finland is obliged to pay the oil protection levy which receives the oil in Finland.
Oil imported from outside the European Community to Finland or transported through Finland shall be obliged to pay an oil protection levy which indicates the form of customs clearance.
The customs service is responsible for the collection and control of the oil protection levy. The customs authorities may lay down more detailed provisions on the procedure for the application of the oil protection levy.
In the cases referred to in Article 6 (1), the fee shall be determined in accordance with the provisions in force on the date on which the oil has been received in Finland or transported through Finland. Where the oil is placed under the external transit procedure or the export procedure, the fee shall be determined on the date on which the oil was actually imported into Finland.
In the cases referred to in Article 6 (2), the fee shall be determined in accordance with the provisions in force on the date on which the customs declaration is or should have been issued for the first time, or when the oil set in the free zone procedure has been presented To customs.
L to 1791/2009 Article 7 shall enter into force at the time of the Regulation. The previous wording reads:
The customs service is responsible for the collection and control of the oil protection levy. The customs authorities may lay down more detailed provisions on the procedure for the application of the oil protection levy.
In the cases referred to in Article 6 (1), the payment shall be determined by the provisions in force on the date of receipt of the oil. With regard to the imposition, payment, appeal and amendment of the fee, it shall apply mutatis mutandis in the case of excise duties (1469/1994) Provides for a registered trader.
The payment shall be determined in the cases referred to in Article 6 (2), in accordance with the provisions in force on that date, in which case the first clearance form for oil has been demonstrated. The imposition, payment, appeal and amendment shall apply mutatis mutandis to the customs service. (1466/1994) Provides.
On the obligation to declare an oil protection charge, imposition, payment, payment, preliminary ruling, relief, accounting, auditing, reporting obligations, professional secrecy, Of the excise duty on excise duty, the obligation to provide a sample, the clearing obligation and the justification for the decision, where applicable, in the case of excise duties (1469/1994) Provides for a registered trader.
The recovery of the oil protection levy shall be terminated at the end of the calendar month following the increase in the capital of the oilseed fund to EUR 50 million. The recovery shall be resumed after the end of the calendar month following which the fund's capital has been reduced by less than eur 25 million. (29.12.2009)
Paragraph 1 shall be L 1791/2009 For the period from 1 January 2010 to 31 December 2019. The previous wording reads:
The levying of the oil protection levy shall be terminated at the end of the calendar month following the increase in the capital of the oilseed fund to EUR 10 million. The recovery shall be resumed after the end of the calendar month following which the fund's capital has decreased by less than EUR 5 million.
The Ministry of the Environment shall, without delay, inform the Customs Government if the fund's capital takes place within the meaning of paragraph 1.
Notwithstanding the obligation of professional secrecy, the customs authority may issue to the Ministry of the Environment and the Government of the Oil Shelter Fund for the purposes of carrying out the duties provided for in this Act, Information on the oil protection levy.
Compensation for oil pollution damage is compensated for by the oil spill, and compensation for oil pollution control authorities and other anti-pollution and environmental restoration measures and the restoration of the environment in the oil sector The costs incurred if the applicant submits a statement that:
(1) the compensation has not been fully recovered from the person liable under the rest of the law to pay compensation for the damage ( Liable for compensation ), and the compensation does not receive a liability insurance liability; or
2) the obligation to provide compensation has not been established.
The provisions of this article also apply to oil pollution in the province of Åland.
An oil hedge fund may be subject to advance compensation for the damage referred to in Article 10 and the costs of the control and restoration, without the presentation of the report referred to in Article 10, if the report does not cover the cost of the damage or the cost; or The lack of clarity of responsibilities can reasonably be required.
For the purpose of payment of the advance payment, the applicant shall provide an explanation of the oil damage and the reasons for it, and the reasons for the failure to act on the recovery or liability referred to in Article 10. The final payment shall be granted after the applicant has submitted a report on the final costs incurred.
The compensation to be paid to the victims of the oil slick shall be imposed, depending on the circumstances of the case, either: (187/1994) Or by sea law (674/1994) . However, the injured party is not subject to the prior compensation referred to in Article 9 of the Law on the Compensation of Environmental Damage and the obligation to redeem by virtue of Article 10 of that Law.
The costs of the prevention and restoration of oil pollution as referred to in Article 10 shall be:
(1) the costs of the necessary measures taken to address the threat of self-inflicted oil pollution;
2) the Law on Oil Pollution Damage (1673/2009) The costs and damage caused by the oil control measures carried out; (29.12.2009)
(3) the reasonable cost of restoring the habitat of the oil; and
(4) costs of studies necessary to carry out the control measure or restoration referred to in paragraphs 2 and 3.
For the purpose of the control costs referred to in paragraph 1 (2), the remuneration of persons temporarily taken in the fight against the permanent control staff, the purchase, use and transport costs of the equipment necessary to prevent And any additional costs related to such control, as well as the value or depreciation of equipment, equipment, equipment and other similar objects, equipment, equipment and other similar uses.
The compensation referred to in Articles 12 and 13 shall not be paid to the person liable for compensation or to the person in possession of the oil at the time of the damage or for which the oil has been carried out in the event of damage.
The oil protection fund may cover, in whole or in part, the costs of cleaning up the soil or groundwater in the oil sector, clearing the need for decontamination and planning of cleaning work.
The granting of compensation shall be subject to the condition that the polluter should not be identified or pursued or that the cost of cleaning is not met or that the holder of a contaminated site cannot reasonably be required to clean the area.
The application for compensation shall be accompanied by a written declaration from the owner of the property that he undertakes to repay the compensation to the oilseed fund, with interest in the cost of cleaning up the contaminated land, with interest, If the property is sold within 10 years of the completion of the cleaning.
The entitlement to compensation for compensation from the oil hedge fund shall be transferred to the oilseed fund, in so far as compensation has been paid. For specific reasons, the government of the oil hedge fund has the right to waive all or part of the compensation in the fund.
The Petroleum Shelter Fund shall be replaced by a rescue operation in the area in accordance with the plan for the control of oil pollution damage as referred to in the fight against oil pollution:
(1) the costs incurred in the purchase of the control equipment; the replacement of an individual control vehicle exceeding EUR 85 000 shall be subject to prior approval by the Government of the Oil Shelter Fund;
2) costs incurred in maintaining preparedness.
(29.12.2009)Where, according to the control plan, the control plan for oil pollution control equipment is not intended solely for the purpose of combating oil pollution, the purchase and operating costs of the equipment shall be reimbursed only to the extent that the plan is to: The contribution of the fight against oil pollution to the use of that equipment. However, a higher percentage of procurement costs may be compensated for by the oil protection fund if justified in order to achieve a sufficient level of preparedness.
In the context of the operational plan for the Fund, the oil protection fund may be granted ex ante compensation in order to compensate for the costs incurred during the calendar year. The final payment shall be granted after an explanation of the final costs incurred.
The oil protection fund may be substituted for the costs incurred by the State for the purchase of equipment to combat oil pollution damage and the maintenance of its capacity to combat oil pollution. (29.12.2009)
In addition, the oil protection fund may compensate the Province of Åland for the costs incurred in the purchase of oil pollution control equipment.
Grants may be awarded for the oil protection fund:
(1) the construction or hire of a storage facility intended for the conservation of the area, or for the municipality, for the storage of oil-control equipment;
(2) the owner of a port or plant referred to in Article 16 of the Law on the Prevention of Oil Pollution Damage; (29.12.2009)
(3) other activities necessary for the prevention of, or maintenance of, oil pollution.
The application for the award of the allowance and the grant referred to in this Act and the explanations required to deal with the application and the other application procedures are laid down by a decree of the Council of Ministers.
The Fund's Board of Directors shall decide on the compensation and allowances to be paid for the oil shits. The Board of Directors may transfer a maximum of eur 10 000 from the compensation to the Bureau.
The Government and the Bureau and their quorum are regulated by a decree of the Council of Ministers.
It is the responsibility of the government of the oil hedge fund to decide on the activities of the Fund and on matters of major importance for the economy and for the proper organisation of accounting and financial control. The Government Decree lays down more detailed rules for the administration of the Fund.
The remuneration and other administrative expenditure of the Board of Directors and the Fund shall be carried out from the oil protection fund.
The accounts, payment movements, other accounting operations and accounts are governed by the Law on the State Budget (423/1988) And the acts adopted pursuant thereto.
The Ministry of the Environment is responsible for the management of the Fund's accounts and the annual accounts of the Fund by the end of April each year and decides on the measures to which the financial statements are subject.
The State Audit Office carries out an annual audit of the oil hedge fund.
The auditors shall audit the management, accounting and financial statements of the Fund. An audit report shall be issued by auditors for each financial year, in particular:
(1) whether the accounts have been prepared in accordance with the rules and regulations for the preparation of the financial statements;
(2) whether the accounts provide correct and sufficient information on the performance and performance of the Fund and its financial position;
(3) whether the management and operation of the Fund have been managed in accordance with the relevant provisions and regulations;
4. Establishing the financial statements; and
(5) the treatment of the result of the Fund in the manner proposed by the Board of the Fund; when the audit is carried out, the auditors shall make an indication of the financial statements referring to the audit report and the statement as to whether the accounts are: Established in accordance with good accounting standards.
If an auditor in the course of the financial year identifies significant management and finances of the Fund, it shall be informed without delay to the Board of Directors and the Ministry of the Environment.
The Board of Directors and the staff of the Fund shall be required to assist, where appropriate, the auditor in carrying out the audit.
Where the assets of the oil leguer are insufficient to provide compensation from the Fund to which the beneficiary is entitled, the necessary funds may be transferred from the State budget to the oilseed fund. Once the fund has accumulated sufficient resources, the funds received from the State will be repaid to the State budget.
The Ministry of the Environment should submit a proposal for the transfer of funds from the State budget to an oil hedge fund if it is required under paragraph 1. The Ministry is also responsible for the recovery of funds received from the State in the State budget.
Part of the proceeds from the oil waste charge may be transferred from the State budget to the oilseed fund, in accordance with the Article 7 (894/1986) Details are provided.
In order to assess the damage caused by the damage caused by the damage caused by the damage caused by the damage caused by the accident and the damage caused by the accident and the damage caused by the accident and the damage caused by the accident, the Clarification is required. The review board shall also be set if the Board of Directors of the oil hedge fund so requests. The costs of the review board shall be borne by the oil protection fund.
The role and composition of the Review Board are laid down by a decree of the Government.
The decision of the Government of the Oil Shelter Fund shall be subject to appeal as provided for in the State Aid Act.
L to 1058/2015 Article 27 shall enter into force on 1 January 2016. The previous wording reads:
The decision of the Board of Directors of the Oil Shelter Fund shall not be subject to appeal. The decision shall be taken by the party concerned to apply for an adjustment within 30 days from the notification of the decision. The decision on the request for adjustment shall be subject to appeal in the form of a change in the administrative law (18/06/1996) Provides.
The chairman, member and alternate member of the Board of Directors of the oil hedge fund shall, in the performance of their duties under this Act, be subject to provisions relating to criminal liability.
The oil hedge fund and its government are governed by the administrative law. (2003) , language law (2003) And the law on public authorities' activities (18/09/1999) Provides.
The penalty for the unlawful avoidance of an oil hedge charge and its attempt to prevent it are punishable under criminal law (39/1889) § 1 to 3.
More detailed provisions on the implementation of this law may be adopted by a Council regulation.
This Act shall enter into force on 1 January 2005.
This law repeals the Law of 24 May 1974 on the Oil Shelter Fund (179/1974) With its subsequent modifications.
Before the entry into force of this Act, measures may be taken to implement the law.
The compensation granted before the entry into force of this Act shall be subject to the provisions in force at the time of issue.
Where the processing of an application for compensation is pending at the time of entry into force of this Act, the provisions in force at the time of the initiation of the application shall apply.
Before the entry into force of this Act, the Board of Directors shall continue its term of office as an oil hedge fund within the meaning of Article 4.
THEY 119/2004 , THEY 141/2004 YmVM 16/2004, EV 174/2004This Act shall enter into force on 1 July 2006.
THEY 40/2006 , LiVM 9/2006, EV 53/2006
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 January 2010.
Before the law enters into force, measures may be taken to implement the law.
THEY 248/2009 , LiVM 33/2009, EV 249/2009
This Act shall enter into force on 1 January 2010.
The entry into force of Articles 6 and 7 of this Act is laid down by a decree of the Government.
Article 5 shall be valid until 31 December 2015 and Article 8 (1) until 31 December 2019. (21.12.2015)
THEY 167/2009 , YmVM 11/2009, EV 231/2009
This Act shall enter into force on 1 January 2013.
THEY 120/2012 , YmVM 7/2012, EV 131/2012
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
