Law on Liability and Compensation for Oil Pollution Damage by Seeschiffe (Oil Damage Law-Oil SG)

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Oil SG

Date of completion: 30.09.1988

Full quote:

" Oilschadengesetz of 30 September 1988 (BGBl. 1770), as last amended by Article 2 (38). Article 4 (24) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status:

Last amended by Art. 2 (38) and Art. 4 (24) G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 8.10.1988 + + +) 

  

G in future in force in accordance with § 14 (1); in force according to § 14 (1). Bek. v. 8.12.1995 I 2084 mWv 30.5.1996 u. Bek. v. 4.7.2005 I 1952 mWv 3.3.2005

Part one
Liability and compensation for oil pollution damage

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§ 1 Applicability of international conventions

(1) Liability and compensation for oil pollution damage shall be

1.

according to the 1992 Liability Convention (BGBl. 1994 II p. 1150, 1152), the Fund Convention of 1992 (BGBl. 1994 II p. 1150, 1169) and the 2003 Supplemental Fund Convention (BGBl. 1290), in its version in force for the Federal Republic of Germany, or

2.

in accordance with the International Convention on Civil Liability for Bunker Oil Pollution Damage (BGBl), 2001 578) (Bunkers Convention).

(2) The provisions of the 1992 Liability Convention and of the Bunkers Convention shall, unless otherwise provided in this Act, also apply in respect of seagoing ships which are not registered in the ship's register of a Contracting State. or which may not be the flag of a Contracting State. Unofficial table of contents

§ 2 Insurance obligation of the owner and proof of insurance obligation

(1) The owner of a seagoing vessel neither registered in the Register of a State Party to the 1992 Liability Convention nor the flag of a Contracting State of the 1992 Liability Convention, which has more than two thousand tonnes of oil as a In order to maintain the provisions of Article VII (1) of the 1984 Liability Convention, the ship shall maintain insurance or other financial collateral for the period in which the ship is situated within the scope of that law. (2) The owner of a person not in the ship's register of a Contracting State of the Bunkeröl-Convention entered into the flag of a Contracting State of the Bunker Oil Convention and has a gross tonnage of more than 1 000 and has an insurance equivalent to Article 7 (1) of the Bunkers Convention; or to maintain other financial security for the period in which the ship is within the scope of this Act. The minimum level of insurance or other financial security to be maintained pursuant to Article 7 (1) of the Bunkers Convention shall be the sum of the amounts to which the owner of the ship shall be liable in accordance with the provisions of Article 7 (1) of the Bunkers Convention. Article 6 (1) of the Convention of 19 November 1976 on the limitation of liability for maritime claims (BGBl. 786), as amended by the Protocol of 2 May 1996 (BGBl I). 790), in its version in force for the Federal Republic of Germany (Disclaimer). (3) The existence of an insurance or other financial security provided for in Article VII (1) of the The 1992 Liability Convention, in accordance with Article 7 of the Bunkers Convention or in accordance with paragraph 1 or paragraph 2, shall be established by means of an official certificate. (4) The owner of a seagoing ship in the register of ships within the scope of this The certificate referred to in paragraph 3 shall be issued if the certificate is issued , if there is no reasonable reason to believe that the security provider will not be able to fulfil its obligations, it should be pointed out that there is a corresponding insurance or other financial security. The first sentence shall apply to the owner of a maritime vessel as referred to in paragraph 1 or 2 if the owner has not already been issued with a certificate issued in accordance with Article VII (7) of the 1992 Liability Convention or Article 7 (5) The Federal Ministry of Transport, Building and Urban Development, in agreement with the Federal Ministry of Finance, shall adopt more detailed provisions on the subject of the provisions of the Law on the

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 for individually attributable public services on the basis of this law or a legal regulation pursuant to this paragraph, the fee rates as well as the delivery allowance. The fee may not be less than EUR 25 per individual case and shall not exceed 2 000 euros.

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§ 3 obligation to co-guide the insurance certificate

(1) The owner of a seagoing ship shall be obliged to travel on journeys where he/she is insured under Article VII (1) of the Liability Convention of 1992, in accordance with Article 7 (1) of the Bunkers Convention or in accordance with Section 2 (1) or (2) of the Bunkers Convention. other financial security shall be required to give the certificate referred to in § 2 (3) on board. The master of seagoing shall be required to carry on such journeys the certificate on board and to present it to the competent authority at the request of the ship. This shall also apply to the certificate referred to in Article VII (12) of the 1992 Liability Convention and Article 7 (14) of the Bunkers Convention. (2) If the owner or the master does not comply with the obligation referred to in paragraph 1, the (3) The competent authority may carry out checks in the premises of the ship to monitor compliance with the obligations referred to in paragraphs 1 and 2. (4) The ship safety certificate a seagoing vessel registered in the Register of Ships within the scope of this Act; , if the ship is operated without the need for

1.

an insurance or other financial security prescribed in accordance with Article VII (1) of the 1992 Liability Convention; or

2.

insurance or other financial security prescribed in accordance with Article 7 (1) of the Bunkers Convention

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§ 4 Authority responsibilities

(1) § 2 (4) and (3) are executed by the Federal Administration. (2) The Maritime Trade Association is responsible for

1.

the measures referred to in Article 3 (1) to (3) and

2.

the confiscation of the ship safety certificate in accordance with section 3 (4).

§ 6 of the Maritime Task Act, as amended by the Notice of 26 July 2002 (BGBl. 2876), as last amended by the Law of 24 March 2006 (BGBl I). I p. 561) has been amended to apply accordingly in the current version. (3) (omitted) Unofficial table of contents

Section 5 Notification of the quantities of oil received

(1) The Federal Ministry of Economics and Technology shall communicate to the Director of the International Fund for Compensation for Oil Pollution Damage (Funds) the provisions of Article 15 (2) of the Fund Convention of 1992 and the Director of the Fund Supplementary Fund Convention of 2003 the information provided for in Article 13 of the 2003 Supplemental Fund Convention with regard to the contributor to the contributor to the contributor to the contributor. (2) Persons who are in receipt of oil in the Scope of this Act for the payment of contributions to the Fund and to the 2003 Supplemental Fund , the Federal Ministry of Economics and Technology shall inform the Federal Ministry of Economics and Technology of the information required for the notification referred to in paragraph 1 of its receipt of oil and its accuracy at the request of the Federal Ministry for Economic Affairs and Technology (3) In the event of a person subject to a notice in accordance with paragraph 2 on the receipt of the contributor oil, or not in time or in time for the required information, or if the person concerned does not provide the required evidence, the Federal Ministry of Economics and Technology after expiry of a reasonable grace period (4) In addition to the notification provided for in paragraph 1, the information referred to in paragraph 2 may not be provided by the Federal Ministry of Economic Affairs and the United States of the European Union for any third party, either by the Federal Ministry of Economics or the (5) 'Associated persons' within the meaning of Article 10 (2) (b) of the 1992 Fund Convention are legally independent undertakings in relation to each other in relation to each other in relation to each other. Majority-owned enterprises and by a majority of companies are involved. Whether in the sense of the sentence 1 company are companies in relation to each other in the majority holding and with a majority of participating companies are determined according to the applicable § 16 of the German Stock Corporation Act. (6) The Federal Ministry for Economic Affairs (7) The Federal Ministry of Economics and Technology, in agreement with the Federal Ministry of Justice, shall adopt the tasks assigned to it in accordance with the provisions of paragraphs 1 to 3. More detailed provisions on the information provided for in paragraph 2, their Form and the deadlines to be met. Unofficial table of contents

Section 6 Judicial responsibilities

(1) For disputes arising from the claims

1.

to compensation under Article 4 of the Fund Convention of 1992;

2.

for compensation under Article 4 of the 2003 Supplemental Fund Convention;

3.

on the contributions to the Fund under the Fund Convention of 1992;

4.

on the contributions to the Fund provided for in the 2003 Supplemental Fund Convention

the legal path to the ordinary courts shall be given in so far as it does not result from Article 7 (3), first sentence, of the Fund Convention of 1992 or Article 7 of the Additional Fund Convention of 2003. (2) For disputes arising from the 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 of 1992, pursuant to Articles 3, 4, 5 and 7 (10) of the Bunkers Convention or in accordance with Article 1 (2) and

2.

for compensation under Article 4 of the 1992 Fund Convention or under Article 4 of the 2003 Supplemental Fund Convention

is also the competent court in whose district the injurious event or the pollution damage occurred or protective measures within the meaning of Article I (7) of the 1992 Liability Convention or Article 1 (9) of the Bunkeröl-Convention have been taken or arranged. Unofficial table of contents

§ 6a Recognition and enforcement

Decisions on damages actions taken in a Member State of the European Union on the basis of the Bunkers Convention are recognised and enforced in accordance with European Community law; Article 10 of the Bunkers Convention is shall not apply in that regard Sentence 1 shall not apply to decisions taken by a court in Denmark. Unofficial table of contents

§ 7 Criminal Procedure

(1) Those who own a seagoing ship for which the insurance or other financial security prescribed in Article VII (1) of the 1992 Liability Convention or in § 2 (1) (1) does not exist, more than two thousand tonnes of oil as (2) Who, contrary to Article 7 (1) of the Bunkers Convention or § 2 (2) sentence 1, in each case in conjunction with Section 2 (2), second sentence, of the second sentence of the Bunkers Convention, shall be punished by a penalty of imprisonment. Insurance or other financial security shall not be maintained, shall be punishable by imprisonment up to (3) If the offender is negligent in the cases referred to in paragraph 1, the penalty shall be punishable by imprisonment of up to one year or a fine. Unofficial table of contents

§ 8 Penal provisions

(1) Contrary to the law, those who intentionally or negligently act

1.

in accordance with Article 2 (5) (1) or (2) of a legal regulation, insofar as it refers to this fine for a certain amount of the facts;

2.

contrary to the first sentence of Article 3 (1), including in conjunction with the third sentence, there is not a certificate on board, as referred to in the first sentence,

3.

, contrary to the second sentence of Article 3 (1), including in conjunction with sentence 3, does not carry on board or, on request, present a certificate on board,

4.

the information required in accordance with Article 5 (2) does not, or is not correct, or not complete.

(2) Furthermore, an offence is in breach of which a person referred to in § 7 (2) is negligent. (3) In the case of paragraph 1 (1) and (2), the administrative offence may be subject to a fine of up to twenty-five thousand, in the cases referred to in paragraph 1. No. 2 to 4, with a fine of up to five thousand euros.

Part two
Amendment of the Commercial Code and the Law on the Law of the Sea

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§ 9

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§ 10

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Part Three
Transitional and final provisions

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§ 11

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§ 12

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§ 13

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§ 14

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