CHAIR OF THE COUNCIL OF MINISTERS

1

Proposal for Resolution No 102 /XII

The International Convention on Civil Responsibility for Pollution by Pollution

caused by Fuel from Bancas (Bancas Convention) was adopted in London, at 23 from

March 2001, within the framework of the International Maritime Organization, having entered into force

in the international legal order on November 21, 2008.

The Convention was open for signature between October 1, 2001 and September 30 of

2002, by not having the Portuguese Republic proceeded to sign on that occasion. In this

measure, intends for the Portuguese Republic to proceed now, by way of this resolution, to the

adherence to this international legal instrument.

The Bancas Convention is aimed at ensuring adequate compensation, ready and

effective for the damage caused by pollution resulting from leakages or discharges from newsstands

coming from ships and aims to ensure adoption in these circumstances, at the international level,

of uniform rules and procedures in civil liability.

In effect, despite the damage and pollution compensation claims by hydrocarbons from

stands, coming from tanker vessels, are covered in part by the Convention

International on Civil Responsibility for Damages Due to Pollution by

Hydrocarbons, 1992 (CLC 92), verified-if not exist, until the entry into force of the

Bancas Convention, a corresponding regime that covered other vessels beyond the

tankers.

CHAIR OF THE COUNCIL OF MINISTERS

2

In this context, the present Convention aims to fill a significant gap in the

international regulation of the responsibility for marine pollution, they are of

particular importance in the extent to which, both from the point of view of national interests,

as of the interests of the European Union-expressed in the Council Decision

n. 2002 /762/CE of September 19, 2002 authorising Member States to sign,

ratify or accede, in the interest of the Community, to the Bancas Convention-, allows to strengthen

significantly the regime of protection in the face of damage arising from marine pollution,

giving consistency to the provisions on the subject matter enshrined in the Convention of Nations

United on the Law of the Sea of 1982.

In accordance with Article 2 of the said Council Decision, Member States shall

sign up, ratify or accede to the Bancas Convention must formulate a declaration

under which they declare that decisions relating to matters covered by the Convention

spoken by a court of a Member State shall be recognized and enforced,

in its territory, according to the rules of law of the European Union applicable in the matter.

Still in accordance with Article 4 of the same Decision, Member States to the

sign up, ratify or accede to the Bancas Convention must inform, in writing, the

Secretary-General of the International Maritime Organization that the signature respect,

ratification or accession, if it was pursuant to the said decision.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution, with a request for priority and

urgency:

CHAIR OF THE COUNCIL OF MINISTERS

3

Article 1.

Approval

Approving the International Convention on Civil Responsibility for Damages by

Pollution caused by Fuel from Bancas (Convention), adopted in London, in 23 of

march 2001, the text of which, in the authenticated version in English language and respect translation

for Portuguese language, it publishes in attachment.

Article 2.

Statement

Decisions relating to matters covered by the Convention rendered by a court of

a Member State of the European Union, with the exception of Denmark, shall be

recognized and executed in the Portuguese Republic under the rules of Union law

European applicable in the matter.

Seen and approved in Council of Ministers of November 20, 2014

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency and Parliamentary Affairs