Key Benefits:
Law of 14 May 1981 on the implementation of the International Convention for the establishment of an International Fund for Compensation for Oil Pollution Damage (Trb), adopted in Brussels on 18 December 1971. 1973, 101)
We Beatrix, 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 fact that the International Convention for the establishment of an International Fund for Compensation for Damage was adopted in Brussels on 18 December 1971, we considered it desirable that it should be ratified. Oil pollution ( Trb. (b) arrange for the implementation of the Treaty to be implemented;
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:
For the purpose of applying to or pursuant to this Act, the following definitions shall apply:
a. "Our Minister": Our Minister for Economic Affairs;
(Treaty): the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, adopted in London on 27 November 1992 ( Trb. 1994, 228);
(c) "Fund" means the International Fund for Compensation for Oil Pollution Damage referred to in Article 2 of the Treaty;
d. "ship", "person", "owner", "contributing oil", "tonne" and "guarantor" shall mean what is defined in Article 1 of the Treaty;
e. "Liability convention": the International Convention on Civil Liability for Oil Pollution Damage, 1992, adopted in London on 27 November 1992, with Annex ( Trb. 1994, 229);
f. "Additional Fund" shall mean the International Additional Fund for the Compensation for Oil Pollution Damage referred to in Article 2 of the Protocol to the International Convention on the European Economic Community, established in London on 16 May 2003; Institution of an International Fund for Compensation for Oil Pollution Damage, 1992 (Trb. 2004, 196).
1 The obligation to make contributions to the Fund under the Treaty shall have the force of a commitment to civil law.
2 The Netherlands, for the purpose of exclusion, is competent in the Netherlands, at first instance, for payment of contributions to the courts of Rotterdam.
1 The Netherlands, for the exclusion of claims against the Fund on the basis of Article 4 of the Treaty, is competent to exclude the courts Rotterdam.
2 The Fund may, without requiring any interest in doing so, intervene or intervene in any proceedings under the Liability Convention against the owner of a ship or against the owner of a ship.
The right of the Fund to which the Fund has paid for amounts it has paid pursuant to Article 4 of the Treaty is Article 3 (6) of the Liability of oil tankers applicable mutatis mutandis.
1 Any person receiving, in the Netherlands, contributing oil in accordance with the conditions laid down in Article 10, first paragraph, of A or B Under the Treaty, each calendar year shall be obliged to notify our Minister in writing of the amount of the oil he has received in the previous calendar year. A general measure of management shall lay down detailed rules regarding the timing and manner of the task and may lay down detailed rules on the persons required to give notice; in so doing, persons who are in the Have received no more than a certain amount of contributing oil from the obligation to declare the said calendar year.
2 Our Minister shall communicate to the Director of the Fund, in accordance with Article 15 of the Treaty, the name and address of all persons who are required to contribute to the Fund pursuant to Article 10 of the Treaty, as well as the information relating to the Fund. the amounts of contributing oil received by those persons in the previous calendar year.
3 When a person fails to comply with the obligation to declare the quantities of contributing oil received by him in the previous calendar year, our Minister shall provide the Director of the Fund, or not, in good time or in good time. data on quantities of contributing oil received by that person.
4. Our Minister shall inform each person, in respect of whom he makes communications to the Director of the Fund in accordance with the second or third paragraph of this Article, of such communications, and at the latest within a time limit of 14 days after they have been sent to the Director of the Fund. Any departure from the communication of the declaration or communication of any communications pursuant to paragraph 3 shall be notified to the notification provided for in the preceding sentence.
Under 'Associated persons' referred to in Article 10, second paragraph, of B The following shall be understood by the Treaty:
a. Persons connected with each other by providing, directly or indirectly, more than half of the capital, together with one or more other persons with whom he is in the same group, directly or indirectly, on his own account. linked or to whom he/she has cooperation between them;
b. Persons who are connected to each other in a single group.
1 Our Minister can of the in the first paragraph of Article 5 the persons referred to above shall be able to inspect books and other business records and take copies of them, to the extent that it is reasonable to provide that information to be provided to the Director of the Fund is reasonably necessary.
2 He points out in writing the persons responsible for the examination of books and records.
3 Persons designated under the second paragraph of this Article shall be entitled to enter all places, other than dwellings, to the extent that this is reasonably necessary for the performance of their duties. Where necessary, they shall provide access and access to books and records using the strong arm.
1 Each one is obliged to the pursuits Article 7, second paragraph , designated persons to cooperate, which is reasonably necessary for the exercise of the powers conferred upon them by that Article.
2 Those who, by reason of their status, occupation or office, are required to hold professional secrecy may refuse to cooperate in so far as their obligation to secrecy extends to that purpose.
Without prejudice Article 5, second and third paragraphs , information obtained pursuant to this Act, insofar as it relates to certain persons, or inferences may be made in respect of certain persons, without the consent of those persons not provided to them by other than those, who are in charge of the implementation of one or more provisions of this law.
In the case of, or pursuant to a general measure of administration, if this is desirable in the interests of proper implementation of the Act or in connection with international agreements relating to the implementation of the Convention and the arrangements based thereon, further rules on the acquisition of data relating to contributing oil received in the Netherlands and other items governed by this Act.
Unless otherwise indicated, it is in or under the Articles 2 to 12 certain of the corresponding provisions applicable to the Additional Fund, except that a declaration of contributing oil shall be as specified in the Annex to this Regulation. Article 5, first paragraph , as well as a communication as referred to in Article 5, second paragraph The Fund shall be deemed to have been made in respect of the Additional Fund.
This law can be cited as: Law of oil tanker oil tankers.
This law will enter into force on a date to be determined by Us.
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 Lage Fireian, 14 May 1981
Beatrix
The Minister of Justice,
J. de Ruiter
The Minister for Economic Affairs,
G. M. V. van Aardenne
The Minister of Transport and Water,
D. S. Tuijnman
Published on 4 June 1981The Minister of Justice,
J. de Ruiter
