Law on the liability of oil tankers

Original Language Title: Wet aansprakelijkheid olietankschepen

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Act of 11 June 1975, implementing the International Convention on Civil Liability for Oil Pollution Damage, adopted in Brussels on 29 November 1969, with Annex (Trb. 1970, 196) and the rules of such liability in accordance with that Treaty

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

In view of the ratification of the International Convention on Civil Liability for Oil Pollution Damage, which was established in Brussels on 29 November 1969, we considered it desirable to take into account the need to Trb. (196) lay down rules for the implementation of that Treaty and, pending the entry into force of that Treaty, lay down, in accordance with the provisions of that Treaty, rules on civil liability for damage caused by a pollution caused by oil from oil tankers and related subjects:

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. General provisions

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Article 1

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For the purposes of applying to or pursuant to this Act, the following definitions shall apply:

  • a. "Our Minister": Our Minister of Transport and Water State;

  • (Convention): the International Convention on Civil Liability for Oil Pollution Damage, 1992, adopted in London on 27 November 1992, with Annex ( Trb 1994, 229);

  • c. "Ship" means all seagoing vessels and other sea-going vessels of any type constructed or modified for the transport of oil in bulk as cargo, other than warships or other vessels owned or operated by a State time that they are used solely in the service of government for purposes other than trading, and except that a ship that can transport oil and other types of cargo is considered a ship only when it is actually oil Transports in bulk as cargo and during each journey after such carriage, unless it is proved that it has no residues of such transport of oil in bulk on board.

  • d. "person" means a natural person or a legal person governed by private law or public law;

  • e. "owner" means the person who, in the registration of ships, is intended to be used in the Article 85 of the Kadasterwet Act , as owner is listed or in a foreign registry in which the ship is registered as owner, or, if the ship is not in the public records, intended in Section 2 of Title 1 of Book 3 of the Civil Code or a similar foreign registry, the one that owns the ship. If a ship is owned by a State and is being operated or prepared by a person who is registered as an operator or owner of that ship in that State, that person shall be deemed to be the owner of the ship;

  • f. "Oil": crude oil, fuel oil, heavy diesel oil, lubricating oil, as well as other persistent mineral oils consisting of hydrocarbons, as required by general management measures, if necessary to specify further definition of the management.

  • g. "Pollution damage":

    • a. Loss of or damage outside the ship in the Netherlands, including the territorial sea, and in the Netherlands Exclusive Economic Zone (EEZ) or, as long as such a zone is not set, within an area outside and adjacent to the territorial sea sea, whose external borders coincide with that of the part of the continental shelf which is due to the Netherlands, caused by soiling as a result of the escape or discharge of oil from the ship, where such escape or discharge has also been on the understanding that compensation for damage to the environment other than profit loss is made. the costs of reasonable measures of recovery which are actually undertaken or to be taken are limited as a result of such damage;

    • b. the cost of preventive measures, as well as loss or damage caused by those measures.

  • h. "Preventive measures" shall mean any reasonable measure taken after an occurrence to prevent or reduce pollution damage;

  • (i) "occurrence" means the fact or sequence of facts of the same cause, causing damage caused by pollution, or causing a serious and imminent threat of such damage.

  • j. "tonnes": except in the case of: Article 4 : a weight unit of 1000 kilograms.


Article 2

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This law shall also apply to liability for occurrences at the time when the ship, in connection with transport, is at a place of loading or unloading, in a port or on an inland waterway in the Netherlands and on the obligation to maintain of insurance or other financial security to cover such liability.

Chapter II. Liability for damage caused by pollution and limitation of liability

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Article 3

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  • 1 The owner of the ship at the time of the event or, if it consists of a sequence of facts, at the time of the first fact, shall be liable for damage caused by pollution caused by the ship as a result of the occurrence.

  • 2 The owner shall not be liable if he proves that the damage

    • -was caused by war, hostilities, civil war, rebellion or a natural phenomenon of an exceptional, inevitable and irresistible nature, or

    • -all of which was caused by an act or omission by third parties, with the intent to cause damage; or

    • -all of which was caused by the guilty acts or omissions of a government or other authority responsible for the maintenance of lamps or other aids in the navigation, in the exercise of that task.

  • 3 If the owner proves that the damage caused by pollution is wholly or partly the result of an act or omission by the person who has suffered the damage, intentionally causing injury or of the fault of that person, he may In whole or in part, being relieved of his liability to that person.

  • 4 For damage caused by pollution, the owner may not be addressed by others.

  • 5 For damage caused by pollution, without prejudice to the sixth paragraph of this Article, or under this Act, or from others, the following shall not be addressed:

    • a. The subordinates, representatives or agents of the owner or members of the crew;

    • b. The hangar or any other person who, without being a member of the crew, carries out services for the ship;

    • c. a charterer (including a charterer, including a bareboat charterer), manager or the person in whose hands the operation of the ship has been placed;

    • (d) persons who, with the agreement of the owner or on the instructions of a competent public authority, provide assistance to the public;

    • e. persons taking preventive measures;

    • f. all subordinates, representatives or agents of persons mentioned under B , C , Ed and P. ;

    unless the damage is the result of their personal actions or omissions, or intentionally causing such damage, or recklessly and in the knowledge that such damage would likely result from such damage.

  • 6 The proprietor has a right of redress to third parties who are liable for harm from others under contract, other than from agreement, towards the injured. However, in so far as is not otherwise agreed, he shall not exempt persons referred to in paragraph 5 from liability, however, unless the damage is the result of their personal actions or omissions, committed or not. its intent to cause damage, either recklessly and in the knowledge that such damage would likely result from it.


Article 3a

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In the event of an occurrence involving two or more ships and caused by pollution caused by pollution, the owners of all ships concerned shall be the owners of the ships concerned, unless they are affected by the occurrence of the Article 3 be released from liability, jointly and severally liable for any damage that is not reasonably separable. On the mutual relations of the owners of the ships concerned Article 545, third paragraph, final sentence, of Book 8 of the Civil Code applicable mutatis mutandis.


Article 4

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  • 1 The owner may limit his liability by occurrence to the amount provided for in Article V of the Treaty, subject to amendment by the special procedure for amendment of the procedure provided for in Article 15 of the Treaty.

  • 2 The owner may not limit his liability in accordance with the preceding paragraph where it is proved that the damage caused by pollution is the result of his or her personal action or omission, or to cause damage such as to cause damage to the damage, Reckless and in the knowledge that such damage would probably result from it.


Article 5

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  • 1 In order to be able to rely on the Article 4 referred to as a limitation of liability, the owner must form a fund at the time of the Article 9, first paragraph , the court referred to, up to an amount equal to the maximum of his liability. The fund may be constituted by the deposit of a sum of money or the lodging of a bank guarantee or other financial security to be approved by the courts.

  • 2 The owner has formed a fund and is entitled to limit his liability, then claims for compensation of damage by pollution based on that occurrence, no redress possible on other goods of the case. owner, if the fund is actually available to the satisfaction of those claims.


Article 6

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If, prior to the distribution of the fund, the owner, one of his subordinates, or representatives, an insurer or other person who has provided financial security for the liability of the owner, or any other person who In order to ensure that the owner has been guilty of the occurrence of any compensation for damage caused by pollution caused by the event, he shall, by subrogation, enter into the amount which he has paid, the fees charged by the owner. he would have been compensated to him under this law.


Article 7

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  • 1 Claims for compensation of damage caused by pollution may be brought directly against the insurer or other person who has provided financial security for the liability of the owner. In this case, the defendant may, even if on the basis of the Second paragraph of Article 4 does not have the right to limit his liability, rely on the in Article 4 limitation of liability.

  • 2 The defendant shall grant all the defences which the owner might have against the claims, but he cannot rely on the fact that the proprietor has been granted payment of payment, that he or she is entitled to the proceedings. Natural persons debt restructuring scheme is applicable, or is in a state of bankruptcy or liquidation. He may also appeal to the fact that the damage caused by pollution was caused by the wilful misconduct of the owner himself, but other defences which he might have had against one of the owners against which he was responsible. He will not be allowed to make his claim.

  • 3 The defendant can always call the owner in the proceedings.

  • 4 An insurer or other person who has provided financial security for the liability of the owner may, in his place, in accordance with the provisions of Article 5 form a fund, even if the owner is based on the Second paragraph of Article 4 it is not entitled to limit its liability. The formation of this fund has the same legal effect as the formation of a fund by the owner, but if the owner is Second paragraph of Article 4 are not entitled to limit his or her liability, the rights of the creditors, to the extent that their claims are not met by the Fund, are without prejudice to him and shall be affected only in respect of the person who is the fund. ed.


Article 8

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The right to compensation under this Law shall lapse if legal proceedings have not been brought within three years of the date on which the damage occurred, but in any event after six years have elapsed from the date of the event. of which the damage occurred. If the occurrence consisted of a sequence of facts of the same cause, the period of six years from the day on which the first animal was facts occurred.

Chapter III. Claims relating to damage caused by pollution and the distribution of the Fund

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Article 8a

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In the Netherlands, for exclusion, the Court of Justice has jurisdiction in the first instance of claims for compensation for damage caused by pollution arising from the Treaty and from this Act.


Article 9

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  • 1 He, who wishes to make use of the him in Article 4 the Court of Rotterdam, on the limitation of its liability, asks Rotterdam to determine and order the amount to which its liability is limited and to proceed to a procedure for the distribution of this amount.

  • 3 The claims of the owner in respect of expenditure incurred voluntarily and within the limits of reasonableness and sacrifices made to prevent or reduce damage caused by pollution shall be at grade equivalent to other claims in the field of Fund.

  • 4 The in Article 4 The unit of account referred to is converted into Dutch money according to the valuation method applied by the International Monetary Fund for its own operations and transactions on the day to which the owner fulfils a due process Article 642c of the Code of Civil Procedure a deposit or guarantee ordered, and in accordance with the course applicable on that day.


Article 10

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  • 1 The formation of a fund in that State or in one of those States in accordance with Article 2 (1) of Regulation (EEC) No 821 shall be adopted in accordance with Article 1 (1) (b) (b) of Regulation (EEC) No 41/ECSC of 21 December 1979, which shall be V of the Treaty in the Netherlands the same legal effects as the formation of a fund in the Netherlands, if the creditor has access to the court which manages the fund and the fund is truly available to the satisfaction of his claim.

  • If, in the case provided for in the preceding paragraph, the fund is constituted in the Netherlands, the first instance shall be the sole Article 9, first paragraph , the court shall have jurisdiction in the knowledge of applications as referred to in the Article 985 of the Code of Civil Procedure in the case of judicial decisions of another State belonging to the Convention, where claims for compensation for damage caused by pollution have been granted.

Chapter IIIA. The limitation of liability for damage outside the territory of a State under the Convention

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Article 10a

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The owner may, in accordance with the provisions of the Title 7 of Book 8 of the Civil Code and the Articles 642a-642z of the Code of Civil Procedure actions for the limitation of liability from other persons for claims relating to loss or damage, including outside the ship outside the Netherlands, including the territorial sea, outside the Netherlands exclusive economic zone (EEZ) or, as long as it is not such zone is not set up, outside an area outside and adjacent to the territorial sea, whose external borders coincide with that of the part of the continental shelf that is due to the Netherlands, and not in the area of a Convention being Contracting State, by soiling oil as a result of escaping or discharge of that oil from the ship, including the cost of preventive measures and loss or damage caused by these measures.

Chapter IV. Provisions implementing Article vii of the Convention

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Title I. The obligation to maintain an insurance or other financial security and the agreement to provide financial security

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Article 11

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The owner of a ship in the Netherlands is obliged to maintain an insurance or other financial security to cover his/her capacity to cover more than 2000 tonnes of oil in the world as well as to the point where the ship is transported in bulk as well as by the other. liability arising from this Act and from the Treaty, up to the amount referred to in Article 4, first paragraph.


Article 12

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The owner of a ship carrying on a tebulial state outside the Netherlands or a flag other than the Netherlands flag shall, at the time when this ship carries more than 2000 tonnes of oil in bulk as cargo and run a port or place of loading or unloading in the Netherlands or leaves, or a Dutch inland water navigated, to maintain an insurance or other financial security to cover its liability under this Act and from the Treaty, until it is in Article 4, first paragraph, of this Act and the amount referred to in Article V, first paragraph, of the Treaty.


Article 13

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The agreement for the provision of financial security in respect of a ship that has a registered office in the Netherlands, or that tebookstate in a State which is not a party to the Convention, or the flag of such a State, must comply with the following:

  • a. The agreement must be entered into with an insurer, a bank or other financial institution as referred to in Article 1: 1 of the Law on Financial Supervision or any other person, of whom Our Minister, after consulting our Minister of Finance, considers the financial strength to provide cover for the liability arising from this Act and the Treaty;

  • (b) the funds from the agreement must, if the provider of financial security is established outside the Netherlands, actually be available in the Netherlands;

  • (c) the agreement must show that the injured party must, in accordance with Article 7 of this Law and Article VII, eighth paragraph, of the Treaty, may bring an action directly against the provider of financial security. If the agreement implies that the owner himself will contribute to a part in the compensation for damage caused by pollution, the agreement must show that the provider of financial security is nevertheless in favour of the injured party. continue to pay compensation for that part of the compensation for damage caused by pollution;

  • (d) the agreement must show that the provider of financial security is within the period of time for which the certificate of Article 15 has been issued, not previously able to suspend or terminate or alter it in such a manner that he no longer complies with this Article, than after three months after the date of receipt of a communication as referred to in Article 2 Article 18, first paragraph ; unless the certificate has been delivered or a new one has been issued before the expiry of the deadline.


Article 14

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The effect of an insurance or other financial security on the basis of the Articles 11 and 12 be maintained, shall be available only for the satisfaction of claims under this Act. Any other claims may not be impounded on these funds.


Title 2. The certificate and proof of financial security

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Article 15

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  • 1 Our Minister gives to the owner of a ship in the Netherlands or of a ship which has not been designated in a State which is party to the Convention, at its request, a certificate as defined in Article VII, second paragraph, of the Treaty and in the form of the model contained in the Annex to the Treaty, or as a certificate issued by the provider of a financial security in this form for the owner of the document, if it has been shown to be the owner of the document in Article 11 Obligation referred to.

  • 2 Upon request, the owner shall submit the following particulars and documents:

    • the name and place of residence of the owner and the place where its head office is situated;

    • b. An extract from the registration for ships as intended in Article 101, 1st paragraph, of the Kadasterwet Act Reporting at least the data specified in Article 85 (2) (a), (c), (d), (e), (f), (g) and (i) of that Act , and particulars of non-retrieved provisional notes, except that in the case of an extract issued more than two days preceding the day of production, a certificate from the depositary of the land register and the public records must be prevented, issued within that period of two days, that since it was issued no change has been made to the particulars indicated on that extract;

    • (c) a copy of the financial guarantee agreement;

    • d. the name, and the place where the head office is located of the person providing the financial security and, if necessary, the office where that security is provided;

    • the date on which the financial security starts and the time at which it comes to an end.


Article 16 [ Exchanges by 15 -11-1997]

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Article 17

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Our Minister designates a request as referred to in Article 15 -if the information or documents submitted are insufficient or incorrect, or if the provision of financial security does not comply with the requirements laid down by or pursuant to this Law. The order shall contain the grounds for rejection and the applicant shall be notified in writing. In this communication, the applicant shall also be informed of the manner in which he/she may appeal against the decision within the period prescribed.


Article 18

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  • 1 The owner to whom a certificate has been issued is obliged to notify to our Minister without delay any written notice of invalid, suspension or termination of the provision of financial security. the period of time for which the certificate has been issued, and of any change occurring during that period in the information which is the subject of the certificate; Article 15 The request shall be submitted.

  • 2 Our Secretary of State shall ensure that a notice referred to in paragraph 1 in respect of an agreement providing financial security for a ship in the Netherlands is notified in writing to the Office of the European Union. Register of the register and public records, where the public records in which the ship's request for registration is registered are kept, which shall be kept in the register.

  • 3 The existence and the daydrawing of receipt of notifications as referred to in paragraph 2 shall be mentioned in the registration for ships referred to in paragraph 2 above without delay. Article 85 of the Kadasterwet Act . Notifications as referred to in paragraph 2 shall be public.

  • 4 The communication referred to in paragraph 1 may also be made by the person providing the financial security, unless the owner of the communication is the owner of the communication.


Article 19

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  • 1 Our Minister may, after consultation with our Minister of Finance, withdraw a certificate if, by amendment in the data which is in the Article 15 That request has been produced or has been found to be insufficient or incorrect, does not satisfy the requirements imposed by or pursuant to this Law, or if there are good grounds to believe that the financial capacity of the Member State is the financial security was insufficient, or has become or, if it is located outside the Netherlands, it appears that the money actually becomes available in the Netherlands for the money actually available.

  • 2 The order shall contain the grounds for revocation and the owner shall be notified in writing. This communication shall set a time limit for the submission of the certificate. The owner shall also be informed of the manner in which he/she may appeal against the decision within the period prescribed. In the case of an appeal, the period of delivery shall begin on the day following that on which the owner has received a notice of the decision rejecting or declaring the action inadmissible.


Article 20

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  • 1 The owner is obliged to issue the certificate as soon as possible after in accordance with Article 18, first paragraph , notification has been made of the cancellation, suspension or termination of the agreement to provide financial security, or after the period of time for which it has been issued, to be delivered to our Minister.

  • 2 The owner is obliged to submit the certificate in case of irrevocable withdrawal to Our Minister within the period specified in Article 19, second paragraph .


Article 21

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  • 1 Our Minister shall send a copy of each certificate issued by him in respect of a vessel set up in the Netherlands and of any irrevocable withdrawal of a ship drawn up in respect of a ship in the Netherlands the certificate issued, to the Office of the Register Office and public records, which shall be kept in the register.

Chapter V. Supervision of compliance with the Treaty and the Law; Criminal Provisions; Appeals

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Article 22

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The master of a ship in the Netherlands which, wherever in the world, is transported by more than 2000 tonnes of oil in bulk as a cargo, is obliged to carry out a valid certificate as intended for the purpose of Article 15 to have on board and to exhibit at first request or exhibit to the officials, in charge of the detection of violations of this law.


Article 23

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The master of a ship carrying more than 2000 tonnes of oil in bulk as a cargo is at the time of running or leaving a port or place of loading or unloading in the Netherlands and at the time when the ship, in connection with the transport, is either located there or at a time of transport. indoor water in the Netherlands, or a water-covered, mandatory, a valid certificate as intended Article 15 of this Act to have on board and to show, at first request, or to show to the officials, in Article VII of the Treaty, the officials responsible for the detection of infringements of that law.


Article 24

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  • 1 It is the owner, bareboat charterer and the master of a ship with which more than 2000 tonnes of oil is transported in bulk as cargo, that the port or place of loading or unloading is to be landed or left in the Netherlands or, in connection with transport, to reside there or to reside in the Netherlands or to a water in such a way as to not issue a certificate as referred to in Article 15 of this law or in Article VII of the Treaty in respect of that ship. The prohibition shall be maintained with the help of the strong arm in respect of outgoing ships.

  • 2 In special cases, in the interests of combating pollution caused by oil, the safety of shipping or the well-being of passengers on board may be waived by or because of our Minister, from the foregoing. member of the European Union. The granting of a derogation may be subject to conditions and restrictions may be imposed on the exemption.


Article 25

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  • 1 In case of suspicion of violation of Article 24 may be ordered to the master that the ship is not to leave the Netherlands, before a place to be designated by order has been paid to an order for which a fine to be imposed in respect of that contravention will be able to be imposed on that order. shall be recovered. The command is maintained, if necessary, by using the strong arm.

  • 2 The order referred to in paragraph 1 shall be ordered by the President of the Court of Justice for which the case is or will be prosecuted. The master shall be heard in advance or at least duly summoned. The order shall be immediately enforceable and shall be notified to the master without delay.

  • 3 Of the order or order rejecting the claim, the prosecutor may appeal to the prosecutor within fourteen days and the defendant within 14 days of service. The court decides as soon as possible.

  • Once the judgment delivered in the criminal case has become irretrievable, the amount of money paid shall be made available to the rightholder once again after deduction of a fine imposed by that judgment. Until that time and counting from the day the money was paid up, interest shall be reimbursed on that sum.


Article 26

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  • 1 Our Minister may require the owner of a vessel to be the prohibition of the prohibition of Article 24, first paragraph Has been violated, has yet entered into an agreement for the insurance or provision of other financial security to cover his or her liability for damage caused by pollution until the date of the entry into force of the Article 4 of the amount and for the duration of the time when the ship loaded with more than 2000 tonnes of oil froze a Dutch inland water or, in connection with transport, is located on a loading or unloading place, in a port or on an inland water in the Netherlands. If the owner does not comply with this, our Minister may conclude such an agreement, in agreement with our Minister of Finance, for him.

  • 2 In this case, the master shall be prohibited from leaving the ship before the cost of the contract has been reimbursed to our Minister or secured for it. Our Minister has the power to impose a burden under administrative coercion to enforce the ban.


Article 27

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Article 27a

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By way of derogation from Article 8: 7 of the General Administrative Law Act for actions against decisions taken under this Law, the court in Rotterdam shall have jurisdiction.

Chapter VI. Final provisions

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Article 28 [ Exchanges by 01-09-1990]

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Article 29

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Rules relating to the issuing or marking of a certificate as intended for the purposes of issuing or signing a certificate shall be laid down or pursuant to general rules of management. Article 15 fees due, concerning the level of fees Article 25 (4) Interest, as well as, where necessary, in the interests of good performance of the law or in connection with international agreements relating to the implementation of the Treaty, other than in the case of Chapter I-IV regular subjects.


Article 30

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This law may be cited as: oil tanker liability law. It shall act as regards the Articles 4-7 and 9-29 operating at a time of time to be determined by Us. The Articles 1-3 and 8 shall be applicable only in respect of any liability arising from an occurrence which has occurred after the date of entry into force of this Act.

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.

Given at Paleize Soestdijk, 11 June 1975

JULIANA.

The Minister of Justice,

FROM AGT.

The Secretary of State for Transport and Water,

M. H. M. VAN HULTEN.

The Secretary of State for Finance,

A. THE GOOD.

Issued the first of July 1975.

The Minister of Justice,

FROM AGT.