Law On Liability And Compensation For Oil Pollution Damage From Ships

Original Language Title: Gesetz über die Haftung und Entschädigung für Ölverschmutzungsschäden durch Seeschiffe

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Law on liability and compensation for oil pollution damage from ships (oil damage Act - ÖlSG) ÖlSG Ausfertigung date: 30.09.1988 full quotation: "oil damage Act of 30 September 1988 (BGBl. I p. 1770), most recently by article 2 paragraph 38 and article 4 paragraph 24 of the Act of August 7, 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 2 para 38 and article 4 para 24 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 8.10.1988 +++) G partially in future in force in accordance with its article 14 para 1; into force com. BEK. v. 8.12.1995 I 2084 mWv 30.5.1996 & BEK. v. 4.7.2005 I 1952 mWv 3.3.2005 first part liability and compensation for oil pollution damage § 1 applicability of international conventions (1) liability and compensation for oil pollution damage are 1. According to the 1992 Liability Convention (BGBl. 1994 II p. 1150, 1152), the 1992 Fund Convention (BGBl. 1994 II p. 1150, 1169) and the Supplementary Fund Convention of 2003 (BGBl. 2004 II S. 1290) in their amended respectively for the Federal Republic of Germany or 2 to the International Convention of 2001 on civil liability for bunker oil pollution damage (BGBl. 2006 II p. 578) (Bunker Oil Convention).
(2) the provisions of the liability Convention of 1992 and the bunker oil Convention are, as far as in this act otherwise is intended to apply in relation to ships which are not registered in the ship register of a Contracting State, or which may result in not flying the flag of a Contracting State.

Article 2 compulsory insurance of the owner and proof of insurance (1) the owner of neither leading seagoing ship, the more than two thousand tons of oil as bulk cargo transported in the ship register of a Contracting State of the liability Convention of 1992 registered nor the flag of a Contracting State of the 1992 Liability Convention, has an article VII paragraph 1 of the liability Convention of 1984 to maintain appropriate insurance or other financial security for the time , in which the ship within the territorial scope of this Act resides.
(2) the owner of a not registered in the ship register of the bunker oil Convention Contracting State or flying the flag of a Contracting State of the bunker oil Convention sea vessel with a gross tonnage of more than 1 000 has the time to maintain for par. 1 of the bunker oil Convention appropriate insurance or other financial security an article 7, where the ship is in the territorial scope of this Act. The minimum amount of insurance to unsustainable maintained pursuant to article 7 para 1 of the bunker oil Convention or other financial security amounts per event on the sum of the amounts on which the ship owner liability under article 6 § 1 of the Convention on the limitation of liability for maritime claims on November 19, 1976 (BGBl. 1986 II S. 786), amended by the Protocol of 2 May 1996 (BGBl. 2000 II p. 790) that can limit as applicable to the Federal Republic of Germany amended (liability limitation agreements).
(3) the existence of an insurance or other financial security under article VII, paragraph 1, of the liability Convention of 1992, under article 7 of the bunkers Convention or pursuant to paragraph 1 or paragraph 2 is demonstrated by means of an official certificate.
(4) the certificate is issued pursuant to paragraph 3 the owner of a seagoing ship, which is registered in the ship register in the territorial scope of this Act, if he can prove that an appropriate insurance or other financial security is, if not there are reasonable grounds for believing is given, that the guarantor is not in the position will be to meet its obligations. Sentence 1 shall apply accordingly for the owner of a ship within the meaning of paragraph 1 or paragraph 2, if not already a certificate has been issued the owner, that paragraph 9 of the bunker oil Convention is article VII sec. 7 of the 1992 Liability Convention or article 7.
(5) the Federal Ministry of transport, building and urban development shall, in agreement with the Federal Ministry of Finance Ordinance detailed provisions concerning 1 the conditions for the issue, validity and cancellation of the certificate, 2. the responsibilities and the procedures in the exhibition and collecting of the certificate, 3. toll facts for individually attributable public services on the basis of this Act or a regulation after this paragraph , the rates and the reimbursement of expenses. The fee must in each case not less than 25 euros and not exceed 2 000 euro.

§ 3 obligation to carry the insurance certificate (1) the owner of a seagoing ship it according to article VII paragraph 1 of the liability Convention of 1992, referred to in article 7 is obliged on cruises, where para 1 of the bunker oil Convention or to maintain an insurance or other financial security according to article 2, paragraph 1 or paragraph 2 has to give in § 2 para 3 certificate referred to Board. The captain of the ship is required to carry the certificate on Board on these trips, and to demonstrate to the competent authority upon request. This paragraph 12 of the 1992 Liability Convention and article 7 also applies the certificate pursuant to article VII paragraph 14 of the bunker oil Convention.
(2) the owner or master does not fulfil the obligation referred to in paragraph 1, so the transport or transhipment of cargo may be prohibited.
(3) the competent authority can perform checks in the operating rooms of the vessel, to monitor compliance with the obligations under paragraphs 1 and 2.
(4) ship safety certificate is one in the ship register in the territorial scope of this Act of registered seagoing ship to collect, if the vessel is operated, without any compulsory insurance or other financial security or 2 one 1 one under article VII, paragraph 1, of the 1992 Liability Convention pursuant to article 7 para 1 of the bunker oil Convention is compulsory insurance or other financial security.

Section 4 regulatory responsibilities (1) § 2 para 4 and article 3 are executed by the Federal Administration.
(2) the See - Berufsgenossenschaft is responsible for 1 the measures pursuant to § 3 para 1 to 3 and 2. confiscation of the ship safety certificate according to § 3 para 4. § 6 of the maritime task act as amended by the notice of 26 July 2002 (BGBl. I p. 2876), most recently by the Act of March 24, 2006 (BGBl. I p. 561) is changed, in amended shall apply accordingly.
(3) (dropped out) § 5 notification of received amounts of oil (1) the Federal Ministry of Economics and technology informs the Director of the international of compensation fund for oil pollution damage (Fund) that in article 15 para. 2 of the 1992 Fund Convention and the Director of the Supplementary Fund Convention 2003 in article 13 of the Supplementary Fund Convention of 2003 provided information with regard to broadcasters oil obtained in the area of application of this Act with.
(2) persons, which are required because of the conservation of oil in the territorial scope of this Act to the payment of contributions to the Fund and the supplementary fund by 2003, have to make the specifications required for the notification referred to in paragraph 1 of its receipt of oil the Federal Ministry of Economics and technology, and to prove its accuracy at the request of the Federal Ministry of Economics and technology.
(3) makes a notifiable pursuant to paragraph 2 person about obtaining insurance oil not or not timely the information required or taken not the requested evidence, so the Federal Ministry of Economics and technology can apply an amount determined by way of estimating insurance oil after a reasonable grace period in its release.
(4) except for in paragraph 1, the information provided for in paragraph 2 may provided communication third parties not be made available by the Federal Ministry of Economics and technology of subordinate authorities.
(5) "associated persons" in the sense of article 10 paragraph 2 legally independent companies which are related companies and businesses involved with majority relative majority-owned are letter b of the 1992 Fund Convention. Whether within the meaning of the sentence to each other in majority-owned company and companies involved with majority are 1 companies in the ratio, determined according to the applicable mutatis mutandis article 16 of the companies act.
(6) the Federal Ministry of Economics and technology can transfer the duties assigned to him according to the paragraphs 1 to 3 on a subordinate authority.
(7) the Federal Ministry of Economics and technology adopts further provisions relating to the information referred to in paragraph 2, their form and the deadlines to preserve in agreement with the Federal Ministry of Justice Ordinance.

§ 6 legal responsibilities (1) disputes the claims 1 to compensation referred to in article 4 of the Fund Convention of 1992;
2. on compensation referred to in article 4 of the Supplementary Fund Convention by 2003;
3. on which the Fund after the Fund Convention of 1992 related posts;
4.
to the Fund after the Supplementary Fund Convention of 2003 due to posts legal recourse to the ordinary courts is given, as far as not under article 7 para 3 sentence 1 of the Fund Convention by 1992 or article 7 of the Supplementary Fund Convention of 2003, otherwise stated.
(2) disputes the claims 1 to pay damages or compensation of expenses for pollution damage pursuant to article III, IV and VII, paragraph 8, of the liability Convention of 1992, pursuant to article of 3, 4, 5 and 7 paragraph 10 of the bunkers Convention, or according to § 1 para 2 and 2 to compensation according to article 4 of the Fund Convention by 1992 or under article 4 of the 2003 supplementary Fund Convention is the Court responsible for , in whose district the harmful event or the pollution damage occurred or no. 7 of the 1992 Liability Convention or article 1 No. 9 of the bunker oil Convention taken protective measures within the meaning of article I or arranged.

Section 6a of the recognition and enforcement that judgments in one Member State of the European Union decisions on claims for damages on the basis of the bunker oil Convention be recognised in accordance with European Community law and enforced; Article 10 of the bunkers Convention is not applicable in this respect. Sentence 1 shall not apply to decisions issued by a court in Denmark.

§ 7 regulation as owner with a sea-going vessel for this in article VII paragraph 1 of the liability Convention of 1992 or in article 2, paragraph 1 does not exist compulsory insurance or other financial security, promoted more than two thousand tons of oil than bulk cargo or transport can be up to two years (1) who is punishable or punished with fines.
(2) who contrary to article 7 para 1 of the bunker oil Convention or section 2 paragraph 2 sentence 1, in conjunction with § 2 paragraph 2 sentence 2, an insurance or other financial security not maintains, is punishable by up to one year or punished with fines.
(3) is due to negligence of the perpetrators in the cases of paragraph 1, as the penalty is imprisonment up to one year or a fine.

§ 8 is fine provisions (1) any person who intentionally or negligently 1 legal regulation according to § 2 para 5 is contrary to no. 1 or no. 2, as far as reference for a particular offense on this fine provision, 2. contrary to section 3, subsection 1, sentence 1, also in conjunction with sentence 3, not a there called certificate on board are, 3. contrary to section 3, subsection 1, sentence 2, also in conjunction with sentence 3 , not a there called certificate on board is carrying or has requested, 4. contrary to § 5 para 2 not, not properly or not makes information required.
(2) there is any person who negligently commits an act referred to in section 7, paragraph 2.
(3) the offence may in the case of paragraph 1 No. 1 and paragraph 2 with a fine up to twenty-five thousand, in the cases of paragraph 1 No. 2 to 4 are punishable with a fine up to five thousand euros.
Part II amendment of the commercial code and the law of the sea distribution order section 9 - section 10 - part three transitional and final provisions article 11 (dropped out) § 12 (dropped out) § 13 (dropped out) § 14 (dropped out)

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