Advanced Search

Law on the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage and of 18 December 1971 on the Establishment of an International Fund for Compensation for Oil Pollution Damage ...

Original Language Title: Gesetz zu den Internationalen Übereinkommen vom 29. November 1969 über die zivilrechtliche Haftung für Ölverschmutzungsschäden und vom 18. Dezember 1971 über die Errichtung eines Internationalen Fonds zur Entschädigung für Ölverschmutzungssch...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage and of 18 December 1971 on the Establishment of an International Fund for Compensation for Oil Pollution Damage

Unofficial table of contents

Oil Adhesion

Date of completion: 18.03.1975

Full quote:

" Law on the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage and of 18 December 1971 on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 18 December 1971. March 1975 (BGBl. 301), which was last amended by Article 10 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status: Last amended by Art. 10 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 22.3.1975 + + +) 

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Part one
Assent to the Conventions

Unofficial table of contents

Species 1

The following agreements are agreed:
1.
The International Convention on Civil Liability for Oil Pollution Damage, which was signed in Brussels on 29 November 1969 by the Federal Republic of Germany;
2.
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, signed in Brussels on 18 December 1971 by the Federal Republic of Germany.
The Conventions shall be published below.

Part two
Provisions relating to the implementation of the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage

Unofficial table of contents

Type 2

(1) The provisions of the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage (Liability Convention) are, unless otherwise specified in this Act, also in relation to seagoing ships. , which are not registered in the register of a Contracting State or which do not fly the flag of a Contracting State. (2) (3) The provisions of the Liability Convention are in relation to seagoing ships in the Register of Ships in the The scope of this Act shall also be applied in so far as the (4) Article III (4), second sentence, of the Liability Convention shall also apply to claims against persons who, after an event, shall take measures of salvage or assistance or measures to prevent or Limitation of damage caused by pollution, unless the person is accused of intent or gross negligence. (5) A contributory fault of the injured party to the pollution damage (Article III (3) of the Liability Convention) is in accordance with the provisions of Section 254 of the Civil Code. (6) Unofficial table of contents

Art 3

(1) The owner of a seagoing ship not registered in the ship's register of a Contracting State of the Liability Convention, which carries more than two thousand tonnes of oil as a bulk cargo, has an Article VII (1) of the Liability Convention maintain appropriate insurance or other financial security for the period during which the ship is within the scope of this Act. (2) (omitted) Unofficial table of contents

Species 4

(1) The existence of insurance or other financial security referred to in Article VII (1) of the Liability Convention or Article 3 shall be established by means of an official certificate. (2) The owner of a seagoing ship, which shall be in a A register of ships within the scope of this Act or in a State which is not a State Party to the Liability Convention shall be issued with the certificate if it proves that one of the provisions of the Liability Convention , or insurance or other financial services in accordance with Article 3 (3) The Federal Ministry of Transport, Building and Urban Development shall not be in a position to fulfil its obligations. (3) The Federal Ministry of Transport, Building and Urban Development shall not be able to fulfil its obligations. Agreement with the Federal Ministry of Finance by decree of law, which does not require the approval of the Bundesrat, more detailed provisions on
1.
the conditions for the issue, validity and confiscation of the certificate,
2.
the powers and procedures for issuing and confiscation of the certificate,
3.
the chargeable event of an official act pursuant to this law or a decree-law pursuant to this paragraph, the rates of fees and the refund of the charges. The fee is at least 50 Deutsche Mark; it may not exceed 4,000 German marks in individual cases.
Unofficial table of contents

Species 5

(1) The master of a seagoing ship shall be obliged to cover journeys where the owner has, in accordance with Article VII (1) of the Liability Convention or under Article 3, an insurance or other financial collateral to be maintained in Article 3 (1) of the The certificate referred to in Article 4 (1) shall be carried on board and shall be presented at the request of the competent authority. The same shall apply to the certificate referred to in Article VII (12) of the Liability Convention. (2) If the master does not comply with the obligation referred to in paragraph 1, the transport of more than two thousand tonnes of oil may be considered as a bulk load or its envelope. (3) In order to carry out the tasks referred to in paragraphs 1 and 2, the competent authority may carry out checks on board the ship. (4) Oil, which is registered in a ship's register within the scope of this Act, shall be prohibited. , without any obligation to ensure that the provisions referred to in Article VII (1) of the Liability Convention If insurance or other financial security exists, the ship ' s safety certificate shall be drawn in. Unofficial table of contents

Species 6

(1) The Federal Government is responsible for the tasks referred to in Article 4 (2) and Article 5. (2) The authorities of the Water and Shipping Administration of the Federal Government are responsible for the measures referred to in Article 5 (1) to (3) as the shipping police authorities. (3) The authorities responsible for the measures referred to in Article 5 (2) shall be responsible for the Collection of the ship safety certificate in accordance with Article 5 (4) shall be the maritime trade association. § 6 of the Act on the tasks of the Federal Government in the field of maritime transport of 24 May 1965 (Federal Law Gazette). II p. 833), as last amended by the Federal Immission Control Act of 15 March 1974 (Bundesgesetzbl. 721, 1193), shall apply accordingly.

Part Three
Provisions relating to the implementation of the International Convention of 18 December 1971 on the Establishment of an International Fund for Compensation for Oil Pollution Damage

Unofficial table of contents

Species 7

(1) The Federal Ministry of Economics and Technology shall communicate to the Director of the Fund the provisions of Article 15 (2) of the International Convention of 18 December 1971 on the Establishment of an International Fund for Compensation for Oil pollution damage (Fund Convention) provided for in respect of the contributory oil obtained in the scope of this Act. (2) Persons who are responsible for the payment of oil in the scope of this Act. Contributions to the Fund are required by the Federal Ministry for Economic Affairs and to make the information necessary for its communication to the Director of the Fund referred to in paragraph 1 on its oil content. At the request of the Federal Ministry of Economics and Technology (Federal Ministry of Economics and Technology) the accuracy of the information is to be proved. (3) A person who has received the required information on the receipt shall not or does not have the required information in good time or does not have the required information. If it is not correct, the Federal Ministry of Economics and Technology may, upon expiry of a reasonable grace period of its notification to the Director of the Fund, be based on a quantity of oil which is subject to the estimate of the contributor (4) The Federal Ministry of Economics and Technology is giving every person, He shall inform the Director of the Fund for the information referred to in paragraph 1 of this Article, which shall inform the communications concerned In addition, each person shall be informed of the total quantity of oil which has been reported to the Director of the Fund by the Federal Ministry of Economics and Technology and by the other Contracting States. (5) Except for those in the The information provided to the Federal Ministry of Economics and Technology pursuant to paragraph 2 may not be made available to third parties. (6) The Federal Ministry of Economics and Technology may follow the information provided by the Federal Ministry of Economics and Technology in accordance with the provisions of paragraph 2. the tasks assigned to paragraphs 1 to 5 shall be transferred to a subordinate authority. (7) The Federal Ministry of Economics and Technology, in agreement with the Federal Ministry of Justice, shall adopt, by means of a regulation which does not require the consent of the Federal Council, detailed provisions concerning the information provided for in paragraph 2, the Form and the deadlines to be met. Unofficial table of contents

Art 8

(1) "Associated persons" within the meaning of Article 10 (2) (b) of the Fund Convention are legally independent undertakings which are, in proportion to each other, a majority-owned enterprise and a majority of the undertakings concerned. (2) Whether in the sense of this law companies are in relation to each other in the majority holding companies and with a majority of participating companies, is determined according to the relevant § 16 of the German Stock Corporation Act. Unofficial table of contents

Art 9

Decisions of the Assembly of the Fund pursuant to Article 4 (6) sentence 1, Article 5 (2) sentence 1, para. 4 sentence 1, article 11 (2) sentence 1, article 12 (1) and (4) sentence 1 as well as article 13 (1) of the fund convention are in the Federal Law Gazans to announce. In the case of a notice pursuant to the first sentence of Article 5 (4), statements by the Contracting States pursuant to Article 5 (4), second sentence, shall also be disclosed.

Fourth part
Common rules, criminal, penal and final provisions

Unofficial table of contents

Species 10

For disputes arising from claims
1.
to compensation under Article 4 of the Fund Convention,
2.
in the case of a refund under Article 5 of the Fund Convention, and
3.
on the contributions to the Fund under the Fund Convention
is the legal way to the ordinary courts. Unofficial table of contents

Art 11

For disputes arising from claims
1.
in compensation for damages or compensation for expenses incurred as a result of pollution damage pursuant to Article III, IV and VII (8) of the Liability Convention or in accordance with Article 2 of this Act,
2.
for compensation under Article 4 of the Fund Convention; and
3.
in the case of a refund pursuant to Article 5 of the Fund Convention
is also the competent court in whose district the injurious event has occurred or where the pollution damage has occurred, or where protective measures have been taken or arranged within the meaning of Article I (7) of the Liability Convention. Unofficial table of contents

Species 12

(1) Who, as the owner or master of a seagoing ship, for which the protection provided for in Article VII (1) of the Liability Convention or in Article 3 of this Law by insurance or other financial security does not exist, more than two thousand tonnes of oil transported or transported as a bulk cargo, shall be punishable by a custodial sentence of up to two years or a fine. (2) If the offender is negligent, the penalty shall be a custodial sentence of up to one year or a fine. Unofficial table of contents

Art 13

(1) Contrary to the law, those who intentionally or negligently act
1.
in order to obtain the certificate referred to in Article 4 (1) with regard to the Authority, inaccurate or incomplete information on the insurance or other financial security or the guarantor of the security,
2.
is contrary to a regulation pursuant to Article 4 (3) (1) in so far as it refers to that fine for a specific case;
3.
does not, contrary to Article 5 (1), carry out the certificate or, on request, do not present it,
4.
an indication required in accordance with the first sentence of Article 7 (2) does not make, not correct, or not complete.
(2) In the case of paragraph 1 (1), the administrative offence may be punishable by a fine of up to fifty thousand, in the cases referred to in paragraph 1 (2) to (4), with a fine of up to ten thousand German marks. Unofficial table of contents

Species 14

This law shall also apply in the Land of Berlin, provided that the Land Berlin determines the application of this law. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1). Unofficial table of contents

Species 15

(1) Articles 1, 4 (3), 7, 8, 13 (1) (4), (2) and 14 shall enter into force on the day following the proclamation of this law. Articles 2 to 4 (2), Articles 5 and 6, 11 (1), 12 and 13 (1) (1) to (3) shall enter into force on the date on which the Liability Convention for the Federal Republic of Germany enters into force; otherwise, the law shall enter into force on the date of Strength by which the Fund Convention for the Federal Republic of Germany enters into force. (2) The days on which the Liability Convention in accordance with its Article XV and the Fund Convention in accordance with Article 40 thereof in force for the Federal Republic of Germany in force shall be published in the Federal Law Gazans.