Regulation On The Issuance Of Certificates Under The Oil Damage Act (Article 1 Of The Regulation On The Certificates After The Oil Damage Act And Of The Costs Regulation For Official Acts Of The Federal Office For...

Original Language Title: Verordnung über die Ausstellung von Bescheinigungen nach dem Ölschadengesetz (Artikel 1 der Verordnung über die Ausstellung von Bescheinigungen nach dem Ölschadengesetz und zur Änderung der Kostenverordnung für Amtshandlungen des Bundesamtes fü...

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Regulation on the issuance of certificates under the oil damage Act (article 1 of the regulation on the issuance of certificates under the oil damage law and amending the regulation of costs for official acts of the federal maritime and hydrographic Agency) (Ölhaftungsbescheinigungs Regulation) ÖlHaftBeschV 1996 copy date: 30.05.1996 full quotation: "Ölhaftungsbescheinigungs Decree of 30 May 1996 (BGBl. I S. 707), most recently by article 29 number 1 of the law of 25 July 2013 (BGBl. I S. 2749) has been changed" stand : Last amended by article 29 No. 1 G v. 25.7.2013 I 2749 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.6.1996 +++) the V was issued by the Federal Ministry of transport in consultation with the Federal Ministry of finance. It is according to art. 3 sentence 1 V v. 30.5.1996 I 707 mWv 1.6.1996 entered into force.

§ 1 definitions (1) for the purposes of this regulation is 1 oil liability certificate: a certificate referred to in § 2 para 3 of the oil damage Act, 2. safety: an insurance or other financial security in the sense of § 2 para 4 of the oil damage Act.
(2) Moreover the definitions of the 1992 Liability Convention shall apply (BGBl. 1996 II p. 670), of the 1992 Fund Convention (BGBl. 1996 II S. 685) and the International Convention on civil liability for bunker oil pollution damage, 2001 (BGBl. 2006 II p. 578) (Bunker Oil Convention).

§ 2 responsibility for the exhibition and recovery of civil liability certifi Cates is responsible the federal maritime and hydrographic Agency.

§ 3 conditions (1) which uses an oil liability attestation requires a written request of the owner. The application must contain: 1. the name, the distinctive and the home port of the vessel;
2. the name of the owner;
3. the address of the principal place of business of the owner including the telephone and, where available, the fax number.
(2) the request of the owner of a vessel within the meaning of article I Nr.1 of the 1992 Liability Convention shall be accompanied by: 1. a declaration of the guarantor, that a) safety complies with the requirements of the 1992 Liability Convention and b) a premature termination or amendment, which means that the security is no longer sufficient conditions, third parties against until three months after notice of termination or amendment to the federal maritime and hydrographic Agency is effective , 2. a proof of the tonnage of the vessel, 3. for ships which are not entitled to the leadership of the national flag are, providing a representative ad litem with permanent residence in the scope of the regulation and written power of attorney.
(3) the application of a not under paragraph 2 of covered by owner shall be accompanied by: 1. a declaration of the guarantor, that a) security corresponds to the requirements of the bunker oil Convention and b) a premature termination or amendment, which means that the security is no longer sufficient conditions, third parties against until three months after notice of termination or amendment to the federal maritime and hydrographic Agency is effective , 2. a proof of the tonnage of the vessel, 3. specifying the IMO ship identification number, 4. for ships which are not entitled to the leadership of the national flag are, providing a representative ad litem with permanent residence in the scope of the regulation and written power of attorney.
(4) the application and the documents are according to paragraph 2 or paragraph 3 not in German or English language, a translation made by an officially recognised translator in the German language is to be attached.

§ 4 the requirements of § 2 para 4 of the oil damage law are exhibition (1) and article 3 meets, an oil liability certificate in German language and English translation according to the following pattern: 1. in the case of § 1 para 1 No. 1 of the oil damage act according to the model of annex 1, 2. in the case of section 1 para 1 No. 2 of the oil damage law according to the pattern of attachment 2 may (2) the period of validity of the oil liability certificate safety do not exceed. She can be limited to a shorter period.
(3) is issued the oil liability certificate for a ship, which is registered in a register of shipping in the scope of the oil damage Act, will be deposited a copy with the competent court.
(4) has become an oil liability certificate unusable or is made credible that she is lost, will be issued upon request a replacement copy. The oil liability certificate unusable is to return.

Section 4a (dropped out) § 5 obligations of the owner of the owner is committed to an early termination of the security, as well as a change that causes that the security no longer suffice the requirements of § 2 para 4 of the oil damage Act, inform the federal maritime and hydrographic Agency.

Article 6 confiscation the federal maritime and hydrographic agency may collect an oil liability certificate, if 1 a requirement for the exhibition was not given or later slipped, 2. to obtain the oil liability certificate false or incomplete declarations have been made.

§ 7 No. 1 of the oil damage Act offences (1) any person is in the sense of § 8 para 1, who intentionally or through negligence does not or not timely a message contrary to section 5.
(2) the responsibility for the prosecution and punishment of offences pursuant to paragraph 1, as well as according to § 8 paragraph 1 number is 2-4 and paragraph 2 of the oil damage Act on the federal maritime and hydrographic Agency.

Appendix 1 (to § 4 para 1) (site of the original text: BGBl. I, 1996, pp. 709-710) Federal Republic of Germany federal maritime and hydrographic agency Federal Republic of Germany federal maritime and hydrographic Agency (content: not displayable Federal Eagle) certificate of insurance or other financial security for civil liability for oil pollution damage certificate of insurance or other financial security in respect of civil liability for oil pollution damage issued pursuant to article VII of the International Convention on civil liability for oil pollution damage of 1992.
Issued in last with the provisions of article VII of the International Convention on civil liability for oil pollution damage, 1992 name of ship distinctive home port name and address of the owner name of ship distinctive number or letters port of registry name and address of owner hereby certifies that an insurance policy or other financial security in accordance with article VII of the International Convention on civil liability for oil pollution damage of 1992 there is for the aforementioned ship.
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 collateral...
Type of validity of security of security...
Duration of security name and address of (the) insurance company (insurer) or (guarantor) name and address of the insurer(s) and / or guarantor(s) name...
Name
Anschrift
....................................................................
Address this certificate is valid until...
This certificate is valid until issued or confirmed maritime and hydrographic Agency issued or certified by the Government of the Federal Republic of Germany, Federal Government of the Federal Republic of Germany, federal maritime and hydrographic Agency in / at Hamburg on IM/on...
Datum/Date
.................................................
(Signature and title of issuing or certifying official)
(Signature and title of issuing or certifying official)

Annex 2 (to § 4 para 1) (site of the original text: Federal Law Gazette I, 2006, S. 1463 and 1464) Federal Republic of Germany federal maritime and hydrographic agency Federal Republic of Germany federal maritime and hydrographic Agency (content: ...nicht of displayable Federal Eagle) certificate of insurance or other financial security for civil liability for bunker oil pollution damage certificate of insurance or other financial security in respect of civil liability for oil pollution damage issued pursuant to article 7 of the International Convention of 2001 on civil liability for Bunker oil pollution damage.
Issued in repealed with the provisions of article 7 of the International Convention on civil liability for bunker oil pollution damage, 2001 - I name of I sub I IMO ship I Home I name and I I vessel I scheidungs-I identifizierungs-I port I complete I I name of I signal I number I port of I address of I
I ship I distinctive I IMO ship I registry I main business I I I number or I identification I seat of the I I I letters I number I I registered I I 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 I the principal I I I I I I place of I I I I I I business of the I 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 I I I I I – this is to certify that an insurance policy or other financial security in accordance with article 7, of the International Convention on civil liability for bunker oil pollution damage, 2001 there is for the aforementioned ship.
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 collateral...
Type runtime of safety of security...
Duration of security name and address of (the) insurer (s) and/or guarantor (guarantor) name and address of the insurer(s) and / or guarantor(s) name...
Name
Anschrift
....................................................................
Address this certificate is valid until...
This certificate is valid until issued or confirmed maritime and hydrographic Agency issued or certified by the Government of the Federal Republic of Germany, Federal Government of the Federal Republic of Germany, federal maritime and hydrographic Agency in / at Hamburg on IM/on...
Date/date (signature and title of issuing or certifying official) (signature and title of issuing or certifying official)...

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