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Oil Spill Law

Original Language Title: Öljyvahinkojen torjuntalaki

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Oil pollution control law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
The objective of law

The aim of this law is that:

(1) adequately prepare for the fight against oil pollution and oil and chemical damage from ships;

(2) potential damage is rapidly and effectively averted; and

3) the consequences of the damage will be corrected to minimise the damage to human beings, property and the environment.

The aim of the law is to clarify the roles and responsibilities of public authorities and other bodies in the fight against oil pollution and damage to chemicals.

ARTICLE 2
Scope of law

The law shall apply to the prevention and control of oil and chemical damage caused by oil and oil and chemical damage in the territory of Finland and in the exclusive economic zone, and to remedy the consequences of the damage. In addition, the law provides for the provision and request of international official assistance.

In addition, the fight against oil pollution and chemical damage from ships will be applied in the case of international agreements to combat maritime environmental damage which are binding on Finland.

In the fight against damage to the environment caused by a hazardous substance other than oil, the saving law shall apply. (1046/98) .

Salvation L 468/2003 Has been repealed by L 37019/2011 , valid from 1 July 2011. See: Salvation L 379/2011 ARTICLE 112 3. 1 k

ARTICLE 3
Definitions

For the purposes of this law:

(1) With oil Mineral oil in all its forms, including crude oil, fuel oil, oil slick, oil waste and processed products, and oil-rich mixture and waste;

(2) With other harmful substances Any substance other than oil which may cause pollution in the sea;

(3) On board Environmental protection of navigation (1672/2009) in Chapter 1, The watercraft referred to in paragraph 14;

(4) The oil spill of the land Any damage or harm caused to humans or the environment by means of contamination, deterioration or contamination of soil, water, vegetation, fauna, equipment or structures in the soil or water;

(5) In the case of petrooil A ship arising from a ship or a sequence of events of the same origin, which may lead to or may lead to an oil spill and which endangers or risks endangering the water or the marine environment or the interests of the coastline or associated interests, and which requires: Activities as a matter of urgency;

(6) Oil damage The oil damage and the petrochemical damage of the land;

(7) Underground chemical damage A ship in a sea area or a series of events of the same origin which leads to or may result in a harmful substance other than oil, which endangers or threatens to endanger the marine environment or the coastal state or , and which requires urgent action;

(8) On the track record The prevention of oil pollution in order to clean up and restore the soil, the groundwater and the coast of oil, after the necessary control measures to limit the damage and the collection of oil have been made; and

(9) VTS authority In the shipping service (1920/2005) For the purpose of maintaining a vessel traffic service.

Chapter 2

Authorities and their tasks

§ 4
Ministry of the Environment

General guidance, monitoring and development of the control, monitoring and development of oil pollution and ship-chemical damage is a matter for the Ministry of the Environment.

§ 5
Activities of the Finnish Environment Agency

The Finnish Environment Agency shall be responsible for the organisation and development of the national organisation and development of the fight against oil and ship-chemical damage and continuing vocational training in the sector. It shall also ensure that there is an adequate level of preparedness and maintenance of the national vessel oil and petrochemical damage.

The Finnish Environment Agency shall be responsible for the control of the ship's oil pollution damage and shall set up the head of the control work if the ship oil accident has occurred or is in danger of being threatened in the Finnish waters and in the exclusive economic zone.

Where a vessel oil accident has occurred or risks being threatened in one or more areas of civil protection, or where the damage or the risk is such that the rescue operation in the area cannot reasonably be required to take care of the prevention work, or if: For a long time, or otherwise there is a special reason, the Finnish Environment Agency can take responsibility for the fight and set up the head of the fight.

The Finnish Environment Agency shall be responsible for the control and shall set up the head of the prevention work if the ship's chemical accident has occurred or is at risk in the Finnish waters or in the exclusive economic zone.

The Finnish Environment Agency shall act as the contact point for the agreements on the fight against international maritime environmental damage, which are binding on Finland, and shall be responsible for the submission of notifications relating to the oil and petrochemical damage caused by such agreements. Other countries. In addition, the Finnish Environment Agency shall act in accordance with Article 32 (1) of Directive 2013 /30/EU of the European Parliament and of the Council on the safety of offshore oil and gas operations and amending Directive 2004 /35/EC As a contact point and shall communicate the information referred to in paragraph 4 (b) of that Article to the Member State referred to in point (b). (6.2.2015/97)

ARTICLE 6
Responsibilities of the Food, Transport and Environment Agency

The Centre for Food, Transport and the Environment controls and monitors the organisation of the fight against oil pollution in its territory and strengthens the plans for the prevention of oil pollution in its areas of activity. It shall also provide, where appropriate, expert assistance and, as far as possible, other assistance to other pest control authorities in the fight against oil pollution and ship chemical damage.

§ 7
Tasks of civil protection in the fight against oil pollution

The rescue operation in the area is responsible for the fight against oil pollution and ship oil pollution in its territory. It shall also guide the fight against oil pollution in its territory as set out below.

The rescue operation in the area shall contribute, if requested, to the control of the ship's chemical damage, unless the performance of the mission in any significant way jeopardises its other important statutory task.

§ 8
Authorities involved in the fight against ship oil and ship-chemical damage

The Traffic Safety Agency, the Defence Forces and the Border Guard shall take part in the fight against ship oil and ship chemical damage as specified in this or other law. However, the Border Guard is only involved in the fight against damage in the maritime area.

The control authorities referred to in paragraph 1 shall, after having discovered the ship oil or ship's chemical or ship-chemical damage or, upon receipt of such information, act as a matter of urgency in the response to the preparedness required, unless the performance of the task is significant Do not jeopardise the fulfilment of other important statutory tasks of the Authority.

§ 9
Municipality's role in combating oil pollution

If necessary, the municipality will be responsible for post-slavery on its territory. The authorities and institutions of the municipality shall, where appropriate, take part in the fight against oil pollution.

ARTICLE 10
Dental authorities

The control authorities referred to in this law are:

1) the Finnish Environment Agency and its Director for the Prevention of Pollution Damage and Shipchemical Damage;

2) The Traffic Safety Agency, the Defence Forces and the Border Guard, after entering the fight against ship oil or ship-chemical damage;

3) the Centre for Enterprise, Transport and the Environment in the fight against oil pollution;

(4) Civil protection authority and other rescue operations, as referred to in Article 44 (1) of the Civil Protection Act, in the fight against oil pollution; and

5) Municipality in post-slavery.

A person governed by the law shall be subject to the provisions of criminal law relating to criminal law. Liability for damages is governed by the law on damages (1999) .

ARTICLE 11
Official auxiliaries

Where requested, the State authorities are obliged, as far as possible, to provide assistance to the repressive authorities. The same obligation is provided for in the Law on the establishment of the (2003) Referred to in Article 3 (1) of the Regulation.

L Pilotage fences 938/2003 Has been repealed by L for the conversion of the Luforehead Business Act into a limited liability company 1008/2010 .

Chapter 3

Oil pollution prevention plans

ARTICLE 12
Plan to combat oil pollution damage in the area

The rescue operation in the region must have a plan to combat the oil pollution damage. It shall also have a plan for the control of the ship oil pollution, provided that it is necessary to take account of local circumstances. The plans must be drawn up as one single response plan. The Centre for Food, Transport and the Environment confirms the plan to combat oil pollution, as approved by the rescue operation in the area.

The oil pollution response plan shall include information on the various authorities in the fight against oil pollution and their tasks, a report on the level of preparedness and the organisation of the fight against oil pollution, as well as information on the oil pollution control equipment.

The decree of the Council of State lays down more precise provisions on the content of the plan for the prevention of oil pollution and provides for its preparation, approval and review.

ARTICLE 13
Joint Action Plan on Oil and Ship Damage

Under the auspices of the Business, Transport and Environment Agency, the authorities responsible for the prevention of ship oil and petrochemical damage shall draw up a plan for joint action in the field of the prevention of ship-oil and ship-chemical damage. The plan is confirmed by the Ministry of the Environment.

The Joint Action Plan for Oil Pollution Damage shall include information on the different authorities and their functions in the fight against oil pollution, a report on the level of service and the organisation of the fight against oil pollution The control equipment.

The State Council Regulation lays down more detailed provisions on the content of the joint action plan and provides for the handling of the plan and the division of activities, transport and transport responsible for drawing up the plan and drawing up the plan. From the Environment Agency.

Chapter 4

Obligations of the keeper of the oil and the port operator

ARTICLE 14
Preparedness of the oil depot

Any person who stores oil in the same storage area of at least 100 000 litres, but less than 1 million litres, shall be obliged to maintain a suitable absorption or other equivalent of the quantity required to combat the quantity required by local conditions. Equipment and equipment needed to control and to ensure that the available personnel are available. If the storage area is located in such a way that oil leakage from the oil spill can be found in the water, there must be so much oil in the storage area that it can prevent the spread of oil in the water.

The holder of the storage facility referred to in paragraph 1 shall ensure that the staff of the storage facility are familiar with the oil pollution alert system and that the staff are aware of the sites approved by the Authority for the collection of oil waste; - And disposal sites.

The level of preparedness required for distribution stations is laid down in the law on the safety of dangerous chemicals and explosives (390/2005) .

§ 15
Preparedness for oil storage capacity

If the amount of oil in a storage area other than the coast is 1 million litres or greater, the storekeeper is required to draw up a plan for the oil spill in the area and, in that context, consult the rescue operation in the area. The thief shall also obtain the necessary equipment to prevent and limit oil pollution and ensure that the available personnel are available. The plan to organise the fight must be brought to the attention of the industry, the transport and the Environment Agency and the rescue operation in the area.

More detailed provisions on the plan referred to in paragraph 1 and the necessary control equipment shall be adopted by the Government Decree.

ARTICLE 16
Port and facility preparedness

The operator of the port designated for the operation of the merchant shipping and the other coastal area of one million litres or more, or more oil or other harmful substances, shall be required to draw up a plan in the area. In case of accidental oil and petrochemical damage. The plan shall be drawn up in consultation with the rescue operation in the region. The port operator and the operator shall obtain the necessary equipment to prevent and limit the damage caused by the oil and the ship chemical. The operator must also ensure that trained personnel are available to the users of the control equipment. The plan to organise the fight must be brought to the attention of the industry, the transport and the Environment Agency and the rescue operation in the area.

More detailed provisions on the plan referred to in paragraph 1 and the necessary control equipment shall be adopted by the Government Decree. These provisions shall take into account the number of port traffic and, in particular, the number of tanker vessels and other factors affecting the risk of oil and ship-chemical damage.

Chapter 5

Fight against oil and ship's chemical damage

§ 17
Notification of injury and primary income

The master of the vessel shall notify the vessel oil and petrochemical damage and take immediate control measures which may reasonably be required of him under Sections 1 and 2 of Chapter 11 of the Maritime Environmental Protection Act.

The person holding the oil caused by the risk of injury or injury shall notify the emergency centre of the damage or the threat thereof and shall take the control measures which may reasonably be required of him under the circumstances.

In the event of damage caused by oil or other harmful substances, or in the event of a threat of injury, the general obligation to provide notification and delivery is provided for in Article 28 of the Rescue Law.

ARTICLE 18
Measures necessary for reception of the declaration of damage

The Emergency Response Centre, Sea Rescue Centre, Sea Rescue Centre, or VTS authority, which has been informed of the oil or petrochemical damage or the risk thereof, shall, without delay, transmit information on the oil spill in the area concerned to the rescue operation and the vessel oil; - Or ship's chemical damage to the Finnish Environment Agency and to the rescue operation in the area.

§ 19
Organisation of the Torjour

The authority shall, as a matter of urgency, take any measures necessary to prevent or limit the damage caused by the existence of the costs or the damage caused by the existence of any serious threat to the financial And other values. The anti-dumping measures must be carried out in such a way that the placing of nature and the environment in the same space, where it was before the accident, is unnecessarily complicated.

At the request of the other control authority, the Finnish Environment Agency shall be obliged, where necessary, to supply its oil-control equipment and the staff necessary for the management of the staff necessary for its use.

The Finnish Environment Agency shall set up the staff, equipment and supplies necessary for the management of the work to be carried out by the Director of the Centre where, pursuant to Article 5, it is responsible for the control of ship oil or ship-chemical damage or has taken responsibility for combating it. In these cases, at the request of the director of the task force, the rescue operation in the area shall, at the request of the Director of the Centre, be made available to the Director of the Centre for the control of its equipment and equipment, as well as the staff necessary for their use.

§ 20
Duty to participate in the fight

In the case of an oil accident or an accident, the risk or the possibility of the spread of injury is such that the personnel or equipment in use by the control authority is not sufficient to prevent or prevent the injury effectively, the control authority shall: The right to order the port operator, the holder of the installation, the storage agent of the oil or any other person who has the means to control the equipment or uses it, to place them at the disposal of the control authority, unless it is disproportionate to the operator; Harm.

ARTICLE 21
Management of the works

In the case of an oil spill, a civil protection authority in the area where the damage or incident arises, subject to paragraph 2, or otherwise agreed. Until such time as the rescue authority takes over the operation, the control work may lead to other rescue operations as referred to in Article 44 (1) of the Rescue Law.

The fight against ship oil pollution will be managed by the Director of the Centre for the Prevention of Oil Pollution Damage, if, pursuant to Article 5 of the Finnish Environment Agency, the Finnish Environment Agency is responsible for combating or taking responsibility for combating it. The work to combat the injury of the vessel is managed by the Finnish Environment Agency. However, the control work referred to in this paragraph may lead to an accident at the site of the rescue or other control authority in the area, until the head of the control work set by the Finnish Environment Agency takes Management responsibility.

The detention train shall be run by an authority designated by the municipality concerned. The Centre for Food, Transport and the Environment will coordinate and coordinate post-train work if the fight extends to several municipalities.

§ 22
Joint action in response situations

In the event of an activity involving more than one industry authorities, the Director of the Centre shall act as general manager and shall be responsible for maintaining the status picture and for the activities and activities of the various sectors and activities. Coordination. Entities operate under their own management in such a way that the measures taken as a whole contribute to the effective fight against injury.

A management team of representatives of the different authorities may be assisted by a management team composed of representatives of different authorities if one of the authorities in the industry is involved in the fight against vessel oil or ship's chemical damage. The group may be extended to the representatives of voluntary associations and other Community representatives who voluntarily take part in the fight against fraud. The manager of the works can also invite experts.

ARTICLE 23
Powers of the Turin Authority

In the event of a necessary control of the oil or ship-chemical damage and limit the consequences of the damage, the control authority shall have the right:

(1) temporarily introduce equipment and equipment suitable for the prevention of damage, necessary communication and transport equipment, machinery and equipment, and facilities and places for loading, unloading or temporary storage;

(2) to land and move in another area;

(3) lay down measures for the construction of land and water in another area;

(4) limit water transport; and

(5) undertake other measures necessary to combat oil and ship-chemical damage.

§ 24
Transfer of management responsibility and cessation of work

The manager of the works shall indicate when he will take the lead on himself. The Director shall also decide when the management responsibility shall be transferred to the relevant authority of the post-slavery authority.

The Director shall decide, where appropriate, the Centre for Enterprise, Transport and the Environment, when the fight against oil or ship-chemical damage is no longer required by the control authority.

ARTICLE 25
Measures concerning the ship and its cargo

If, in the Finnish waters or in the exclusive economic zone, a vessel is sinking, it is liable to have a leak or a collision, a leak or a mechanical failure, or otherwise subjected to a condition with obvious risk of leakage of oil or other harmful substances, Finland The Agency may impose any rescue or other measures on a ship and its cargo which it deems necessary to prevent or limit water pollution. Before taking any action, the Finnish Environment Agency shall discuss the situation with the Transport Safety Agency. In addition, the Finnish Environment Agency shall consult the owner of the vessel, the civil protection company and the representatives of insurers if it can take place without causing undue delay.

The master of the vessel from which the pollution or the risk of water has been caused shall be obliged to provide the authorities with any assistance which may be required in the light of the circumstances.

§ 26
Issue and request of international assistance

The Finnish Environment Agency shall decide, on the basis of an inter-state agreement or a request from a foreign country, to provide assistance abroad in the context of the fight against ship-oil and ship-chemical damage. The Finnish Environment Agency will also decide to request assistance from abroad, if it is necessary to prevent ship-oil or ship-chemical damage.

The Finnish Environment Agency shall, in the event of receipt of assistance referred to in paragraph 1, assist the foreign control units in the authorisation, notification and similar cases relating to their entry and exit, in accordance with the conditions of entry Expressly provided for in an international agreement which is binding on Finland.

Chapter 6

Control, administrative and judicial review

§ 27
Control

The Centre for Food, Transport and the Environment shall monitor the drawing up of the control plans referred to in Articles 12, 15 and 16, the purchase of equipment in accordance with the plans and the availability of the necessary personnel for the use of the control equipment. The task of the rescue operation in the area shall be to check that the operator referred to in Articles 14 to 16 has a rolling stock and a capacity to control and report any shortcomings identified by the Centre for Enterprise, Transport and the Environment.

ARTICLE 28
Administration

The Centre for Food, Transport and the Environment may designate the person who fails to fulfil its obligations under Articles 12 or 14 to 16, or in accordance with the provisions adopted pursuant to them. An order issued by the authority may be made more effective by a periodic penalty payment or at the risk of failure to perform the measure at the expense of the defaulter.

In the case of the periodic penalty payment and the threat of commission, the (1113/1990) Provides.

§ 29 (17/05/1061)
Appeals appeal

The decision of the Authority under this Act may appeal to the administrative court, as in the case of administrative law, (18/06/1996) Provides. In the same order, an amendment is also requested to the decision approving the plan for the recovery of the oil pollution damage in the area.

An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

An appeal shall not prevent the enforcement of the decision referred to in Article 28 unless the appeal authority decides otherwise.

L to 1061/2015 Article 29 enters into force on 1 January 2016. The previous wording reads:

§ 29
Appeals appeal

The decision to conclude an appeal under this law by the authority shall be as follows: (18/06/1996) Provides. In the same order, an amendment is also requested to the decision approving the plan for the recovery of the oil pollution damage in the area.

An appeal shall not prevent the enforcement of the decision referred to in Article 28 unless the appeal authority decides otherwise.

ARTICLE 30
Restriction of the right to appeal

The decision taken by the Authority shall not be subject to appeal if the decision concerns:

(1) the setting of the head of the control work referred to in Article 5 (2) to (4);

(2) the inclusion of equipment and personnel within the meaning of Article 20;

(3) measures necessary to prevent the damage referred to in Article 23 and to limit the consequences;

(4) the transfer of management responsibilities within the meaning of Article 24 and the cessation of the control measures;

(5) measures concerning the ship and its cargo referred to in Article 25 (1);

6. The provision and request of international official assistance, as referred to in Article 26; or

7) the use of the control chemical referred to in Article 40.

Chapter 7

Information and professional secrecy of the authority

ARTICLE 31
Access to information by the Authority

The Authority shall have the right to receive, without prejudice to the secrecy provisions, any other authority involved in the prevention of free of charge from any other authority involved in the control action, And staff readiness, identification and contact information.

In the event of an incident, the Authority shall have the right to receive, without prejudice to the confidentiality rules, the information necessary to prevent oil and ship-chemical damage free of charge, as follows:

(1) information on the emergency information system and information on the hazard situation;

(2) information on the information system of the port facility, ships and freight services;

(3) information on the fishing vessel, owner and holder of the vessel and the operation of the vessel;

4) Information on the Transport Safety Agency's watercraft register and the registration authority of the Åland registry authority on the boat and the owner and holder of the boat; (06.06.2010)

(5) information on the ship registers of the Traffic Safety Agency and the Government of the Åland State Agency, as well as other registers operated by the Traffic Safety Agency from the beginning, as well as information on its owner and holder;

(6) Data on vessel traffic services and VTS and AIS situation as well as information on the surveillance of the Marine Region from the Defence Agency;

(7) Information on ship and freight traffic from the Customs Information System;

(8) information on the emergency declaration and the hazard situation of the Border Guard; and

(9) Information on the property information system of the surveyor of the property, the owner and holder of the property and the real estate division.

In the event of an incident, the Authority shall have the right to receive, without prejudice to the confidentiality rules, the information necessary to combat the oil spill free of charge, as follows:

(1) information on the emergency and emergency information system;

2) Information on ship and freight traffic from the Customs Information System;

(3) information on the quality of the company's activities and the quantities of dangerous chemicals and explosives, as referred to in Article 130 of the Safety and Chemicals Agency, as referred to in Article 130 of the Safety and Chemicals Agency; (21.12.2010)

4) Data on the owner and holder of the property and the real estate division of the property data system.

The information may also be disclosed by means of a technical service or by electronic means.

ARTICLE 32
The right of the Authority to obtain information from companies and entities

The Authority shall be entitled, in the event of an incident, to obtain the information necessary to prevent oil and ship-chemical damage:

(1) the stock and storage of the products used in the undertaking and the distributor of oil and other harmful substances;

(2) from the shipping company, the boating organisation and the company providing travel, freight, port, docking and rescue services on board crew, passengers and cargo;

(3) the facilities and means of communication and transport of industrial and commercial enterprises, machinery and equipment, loading, unloading or temporary storage; and

4) from the other authority which holds the information necessary to prevent, prevent and avoid injury to the oil and petrochemical damage.

§ 33
Information on the draft measure

The Finnish Environment Agency and the Centre for Organ, Transport and Environment shall, notwithstanding the provisions of confidentiality, have the right to obtain information on the performance of the measures to combat oil pollution as referred to in Article 69 of the Rescue. Where appropriate, the information may be disclosed by means of a technical service.

§ 34
Professional secrecy

The law on publicity of the activities of the public authorities shall be governed by the laws of the public authorities relating to the protection of the oil and petticochemical damage or of the person employed by the official auxiliary authority or any other person involved in the prevention of activities. (18/09/1999) .

However, the obligation of professional secrecy does not prevent the control authority from expressing information which, in an individual case, is necessary to protect the life or health of the person or to avoid significant damage to the environment or property.

Chapter 8

Outstanding provisions

ARTICLE 35
Payment of costs of rejection

The control authority responsible for combating the damage to the oil and the ship's chemical shall be entitled to compensation for the damage caused by the damage caused by the liability or insurer of his insurer in accordance with: On compensation for environmental damage (187/1994) , the sea (18/04/1994) , transport insurance (279/1959) , rail transport liability (13/1999) Or any other law.

The public authority's right to compensation for the costs of fighting oil pollution from the oil protection fund is laid down separately. The right to compensation from the International Oil Pollution Compensation Fund is in force, as has been agreed by Finland.

However, until such time as the compensation referred to in paragraph 1 or 2 has been received, the Finnish Environment Agency or the municipality shall pay the costs of the control measures. Similarly, the Finnish Environment Agency shall pay the costs of combating the ship's chemical damage.

§ 36
Compensation for participation in combating

In the case of a rescue operation in the area responsible for the control of the oil spill, a reasonable fee shall be paid from the assets of the Finnish Environment Agency or of the municipality to a person who:

(1) in accordance with Article 20, to assist in the fight; or

(2) as a volunteer for the purpose of combating oil pollution by the control authority.

The amount of the above mentioned control authority shall be paid full compensation for the additional costs incurred in the fight against those involved in the fight and the fight against, or defrauded, consumables, equipment, equipment and other The value or value of the corresponding use items. The Authority shall also compensate for any damage which has been made available in accordance with Articles 20 and 23 above, as well as the damage caused to the outside, as provided for by the law on compensation.

In accordance with the principles set out in paragraphs 1 and 2, the resources of the Finnish Environment Agency shall be paid for assistance in order to combat the damage to the ship chemical, and shall, if any, be reimbursed to the outside An accident.

The compensation and the premium referred to in this Article shall be submitted to the appropriate control authority in writing within three months of the birth of the compensation criterion or, in the case referred to in Article 23, where the person concerned has been informed Damage. The provision of compensation for clothing, equipment and tools for consumption, equipment and work equipment shall be subject to the notification to the Director of the action to be taken without delay.

The right to compensation for damage to the control authority shall be transferred to the control authority in so far as the compensation has been paid.

ARTICLE 37
Replacement of accident at work accident

In the case of an accident or an occupational disease which has occurred in the field of oil or petrochemical damage, compensation from State resources shall be paid according to the same criteria as for the accident at work or occupational disease, in so far as the injured party does not: At least equal compensation under other law. The compensation shall be paid to the person who:

(1) in the light of Article 20, to assist in the fight; or

(2) as a volunteer for the purpose of the task of the control authority, involved in the fight against oil or ship-chemical damage.

The case concerning the provision of compensation under this section from State resources shall be handled by the State Treasury.

The right of the State to receive compensation for the damage is transferred to the State in so far as the compensation has been paid.

ARTICLE 38
Compensation for damage caused by civil protection

Where, in the case referred to in Article 25, the vessel, its cargo or any other property therein has suffered more damage than was expected in the normal course of the rescue, and no one else could be considered to be Shall be replaced by the State.

ARTICLE 39
Oil-train offence

Who is neglecting

1) the obligation to draw up the plan provided for in Article 12;

(2) the drawing up of a plan or equipment and equipment as referred to in Articles 14 to 16, or

(3) The obligation to notify under Article 17 (2)

Shall be condemned, in the absence of a minor act, or in the absence of a heavier penalty elsewhere by law, On the anti-pollution offence Fine.

Any breach of an obligation imposed by a periodic penalty payment under this law may be waived for the same offence.

ARTICLE 40
References to criminal law

The penalty, contrary to this law, or the provisions adopted pursuant to it, or the provisions adopted pursuant to it, are punishable under criminal law (39/1889) § 1 to 4.

Penalty for breach of the obligation of professional secrecy laid down in Article 34 Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Included.

ARTICLE 41
Use of pesticides

In exceptional cases, the Finnish Environment Agency may decide to take a decision on the harmful effects of the oil-containing substances referred to in Article 2 (1) (3) of Chapter 2 of Chapter 2 of the Marine Environment Protection Act, or Of liquid substances ( Control chemical ) On the use of ship oil and petrochemical damage.

Before taking a decision, the Finnish Environment Agency shall ensure that the control chemical is significantly better in the fight against that damage than other anti-pollution methods, and that there is no apparent risk of water pollution from the use of the control chemical; and Other damage to human health or the environment.

ARTICLE 42
Entry into force

This Act shall enter into force on 1 January 2010.

The Act repeals the Law of 24 May 1974 on combating oil pollution in land (378/1974) With its subsequent modifications. Law on the prevention of pollution from ships (30/1979) Shall be governed by the Maritime Environmental Protection Act.

Before the law enters into force, measures may be taken to implement the law.

THEY 248/2009 , LiVM 33/2009, EV 249/2009

Entry into force and application of amending acts:

21.12.2010/11:

This Act shall enter into force on 1 January 2011.

THEY 173/2010 , TaVM 27/2010, EV 200/2010

6.6.2014/428:

This Act shall enter into force on 1 August 2014.

THEY 14/2014 , LiVM 4/2014, EV 42/2014

6.2.2011:

This Act shall enter into force on 1 May 2015.

THEY 205/2014 , YmVM 12/2014, EV 174/2014

7 AUGUST 2015/1061:

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