Regulation on the issuance of certificates under the Oil Damage Act (Article 1 of the Ordinance on the issuance of certificates in accordance with the Oil Damage Act and amending the Costing Ordinance for Official Acts of the Federal Office of the Federal Republic of Germany) Maritime transport and hydrography) (Regulation of the Oil Liability Regulation)

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Oil Detention 1996

Date of completion: 30.05.1996

Full quote:

" Oil liability certification decree of 30 May 1996 (BGBl. 707), the most recent of which is Article 29 (1) of the Law of 25 July 2013 (BGBl. 2749).

Status:

Last amended by Art. 29 No. 1 G v. 25.7.2013 I 2749

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.6.1996 + + +) 

  

The V has been issued by the Federal Ministry of Transport in agreement with the Federal Ministry of Finance. She's gem. Art. 3 sentence 1 V v. 30.5.1996 I 707 mWv 1.6.1996 entered into force. Unofficial table of contents

§ 1 Definitions

(1) For the purposes of this Regulation:

1.

Certificate of oil liability: a certificate in accordance with § 2 para. 3 of the Oil Damage Act,

2.

Security: insurance or other financial security within the meaning of Section 2 (4) of the Oil Damage Act.

(2) In addition, the definitions of the 1992 Liability Convention (BGBl. 670), the Fund Convention of 1992 (BGBl. 685) and the International Convention on Civil Liability for Bunker Oil Pollution Damage (BGBl), 2001. 578) (Bunkers Convention). Unofficial table of contents

§ 2 Jurisdiction

The Federal Maritime and Hydrographic Agency is responsible for issuing and confiscation of the oil-liability certificates. Unofficial table of contents

§ 3 Conditions

(1) The issue of an oil liability certificate shall be subject to a written application by the owner. The application must include:

1.

the name, the distinguishing signal and the home port of the ship;

2.

the name of the owner;

3.

the address of the principal place of business of the owner, including the telephone number and, if any, the telefax number.

(2) The application by the owner of a ship within the meaning of Article I (1) of the 1992 Liability Convention shall be accompanied by:

1.

a statement by the security provider that:

a)

the security meets the requirements of the 1992 Liability Convention and

b)

a premature termination or amendment which results in the security no longer satisfying the conditions, third parties to the Federal Maritime and Hydrographic Agency only three months after the date of notification of the termination or the change to the Federal Office for Maritime and Maritime Affairs shall be effective,

2.

proof of the room content of the ship,

3.

in respect of ships which are not authorised to conduct the flag of the Federal Republic of Germany, the indication of an authorised representative with permanent residence within the scope of the Regulation and written authority.

(3) The application of an owner not covered by paragraph 2 shall be accompanied by:

1.

a statement by the security provider that:

a)

the security complies with the requirements of the Bunkers Convention; and

b)

A premature termination or amendment which results in the security being no longer sufficient for third parties to third parties only three months after the date of notification of the termination or amendment to the Federal Maritime and Hydrographic Office shall be effective,

2.

proof of the room content of the ship,

3.

an indication of the IMO ship identification number,

4.

in respect of ships which are not authorised to conduct the flag of the Federal Republic of Germany, the indication of an authorised representative with permanent residence within the scope of the Regulation and written authority.

(4) Where the application and the documents referred to in paragraph 2 or paragraph 3 are not written in German or English, a translation produced by a translator recognised by the authorities shall be accompanied by a translation into the German language. Unofficial table of contents

§ 4 Exhibition

(1) If the requirements of § 2 (4) of the Oil Schadengesetz and § 3 are fulfilled, an oil liability certificate in German and English translation shall be issued in accordance with the following model:

1.

in the case of Section 1 (1) (1) of the Oil Damage Act, in accordance with the model of Appendix 1,

2.

in the case of Section 1 (1) (2) of the Oil Damage Act, in accordance with the model of Appendix 2.

(2) The period of validity of the oil liability certificate shall not exceed that of safety. It may be limited to a shorter period of time. (3) If the oil liability certificate is issued for a ship registered in a register of ships within the scope of the Oil Damage Act, a copy shall be issued to the competent authority of the competent authority. (4) If an oil liability certificate has become unusable or if it is credibly made that it has been lost, a replacement copy shall be issued on request. The unusable oil liability certificate must be returned. Unofficial table of contents

§ 4a (omitted)

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§ 5 Duties of the owner

The owner is obliged to immediately end the security as well as a change which leads to the security no longer complying with the requirements of § 2 para. 4 of the Oil Damage Act, immediately the Federal Office of Maritime Affairs and hydrography. Unofficial table of contents

§ 6 confiscation

The Bundesamt für Seeschiffahrt und Hydrographie (Federal Maritime and Hydrographic Agency) can draw up an oil liability certificate if:

1.

a condition for their exhibition was not given, or is later eliminated,

2.

in order to obtain the certificate of oil liability, incorrect or incomplete information has been provided.

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§ 7 Administrative Offences

(1) Contrary to the provisions of Section 8 (1) (1) of the Oil Damage Act, anyone who intentionally or negligently does not make a notice or does not make a notice in good time. (2) The responsibility for the prosecution and prosecution of administrative offences. pursuant to paragraph 1 and in accordance with Section 8 (1) (2) to (4) and (2) of the Oil Damage Act, the Federal Maritime and Hydrographic Office shall be transferred to the Federal Maritime and Hydrographic Agency. Unofficial table of contents

Appendix 1 (to § 4 (1))

(Fundstelle des Originaltextes: BGBl. I 1996, p. 709-710)

Federal Republic of Germany Federal Maritime and HydrographieFederal Republic of GermanyFederal Maritime and Hydrographic Agency

(Content: non-representable federal eagle)

Certifying the Insurance or Other Financial Security for Civil Liability for Oil Pollution Damage-Certificateof Insurance or other Financial Security in respect of Civil Liability for Oil Pollution Damage

Issued under Article VII of the International Convention of 1992 on Civil Liability for Oil Pollution Damage.
Issued in accordance with the provisions of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.

Name of vessel	Distinguishing Signal	Marina	Name and address of the owner
Name of ship	Distinctive number or letters	Port of registry	Name and address of owner

It hereby certifies that, for the above-mentioned ship, an insurance policy or other financial security under the conditions laid down in Article VII of the International Convention on Civil Liability for Oil Pollution Damage .
This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.

Type of security 
 ........................................................... 
Type of Security 
  
Duration of security 
 ................................................. 
Duration of Security 
  
Name and address of the insurer (s) and/or 
Security provider (security provider) 
Name and Address of the Insurer (s) and/or Guarantor (s) 
  
Name 
 ......................................................................... 
Name 
  
Address 
 .................................................................... 
Address 
  
This certificate shall apply until 
 .............................................. 
This certificate is valid until 
  
Issued or confirmed by the Government of the Federal Republic of Germany, 
Federal Office for Maritime Affairs and Hydrography 
  
Issued or certified by the Government of the Federal Republic of Germany, 
Federal Maritime and Hydrographic Agency 
  
in/at Hamburg am/on ................................................. 
 Date/Date 
  
 ................................................. 
 (Signature and official name of the 
 -issuing or confirmatory staff) 
 (Signature and Title of issuing or certifying 
 official)   

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Annex 2 (to § 4 (1))

(Fundstelle des Originaltextes: BGBl. I 2006, p. 1463. 1464)

Federal Republic of Germany Federal Maritime and HydrographieFederal Republic of GermanyFederal Maritime and Hydrographic Agency

(Content: ... non-representable federal eagle)

Certifying the Insurance or Other Financial Security for Civil Liability for Bunker Oil Pollution Damage-Certificateof Insurance or other Financial Security in Respect of Civil Liability for Oil Pollution Damage

Issued under Article 7 of the International Convention of 2001 on Civil Liability for Bunker Oil Pollution Damage.
Issued in accordance with the provisions of Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001

---------------------------------------------------------------------------- 
I Name of I Under-I IMO-Schiffs I Home-I Name and I 
I ship I divorce-I identify-I port I complete I 
I Name of I signal I number I Port of I Address of the I 
I ship I Distinctive I IMO Ship I Registry I Main Business-I 
I I Number or I Identification I I seat of the I 
I I Letter I Number I I I entered 
I I I I Owner I 
I I I I I name and full I 
I I I I I address of I 
I I I I the principal I 
I I I I place of I 
I I I I I Business of the I 
I I I I I registered owner I   
---------------------------------------------------------------------------- 
I I I I I 
I I I I I 
I I I I I 
I I I I I 
I I I I I 
I I I I I 
----------------------------------------------------------------------------- 

  

It hereby certifies that, for the above-mentioned ship, an insurance policy or other financial security shall be subject to the conditions laid down in Article 7 of the International Convention on Civil Liability for 2001 Bunker oil pollution damage.
This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001.

Type of security 
 ........................................................... 
Type of Security 
  
Duration of security 
 ................................................. 
Duration of Security 
  
Name and address of the insurer (s) and/or 
Security Provider (Security Guide) 
Name and address of the Insurer (s) and/or guarantor (s) 
  
Name 
 ......................................................................... 
Name 
  
Address 
 .................................................................... 
Address 
  
This certificate shall apply until 
 .............................................. 
This certificate is valid until 
  
Issued or confirmed by the Government of the Federal Republic of Germany, 
Federal Office for Maritime Navigation and Hydrography 
  
Issued or certified by the Government of the Federal Republic of Germany, 
Federal Maritime and Hydrographic Agency 
  
in/at Hamburg am/on ................................................. 
 Date/Date 
  
 (Signature and official name of the 
 -issuing or confirmatory staff) 
 (Signature and Title of issuing or certifying 
 official) 
................................................