Regulation (2013:540) On Liability For Oil Damage At Sea

Original Language Title: Förordning (2013:540) om ansvar för oljeskador till sjöss

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:540

Creation, management and distribution of a

mitigation Fund



§ 1 an application for the establishment of a limitation fund under 10

Cape. section 6 of the maritime Act (1994:1009) shall be submitted in writing to

the Court and state the



1. vessel's name, registry number, nationality and

domicile,



2. the ship's tonnage calculated in accordance with Chapter 9. paragraph 5 of 6

maritime law,



3. name and address of the shipowner,



4. name and address of the person who has notified the insurance or

set security for ship owner's responsibility, and



5. the names and addresses of all known interested parties.



The applicant shall provide to the Court a copy of such

the certificates of the ship referred to in Chapter 10. 12 or section 13

maritime law as well as a document showing the indication of the vessel's

tonnage referred to in the first subparagraph 2.



section 2 of the terms of such a mitigation Fund established under

10 Cape. section 6 of the maritime Act (1994:1009) 2 – 6 §§

Regulation (1985:68) if mitigation Fund.



If such a judgment referred to in paragraph 4 of the regulation is

issued in a foreign State which has acceded to it in 10.

Article 1, first paragraph the maritime law specified the 1992

the CLC Convention, a copy of the decision

enforcement under Chapter 21. section 6 of the maritime law.



Insurance or other security for the Swedish ships



paragraph 3 of the Questions concerning the authorisation of an insurance policy or a security

referred to in Chapter 10. paragraph 12 or 10 a Cape. section 11 of the

first subparagraph, the maritime law (1994:1009) be reviewed by the

The Swedish Transport Agency.



A certificate referred to in Chapter 10. 12 paragraph or

10 a Cape. the third paragraph of section 11 of the maritime law are issued by

The Swedish Transport Agency.



section 4 of the application for a certificate shall be submitted to the Transport Agency on

form as the Transport Board rules.



section 5 an application for a certificate shall contain a certificate of

the insurer or the person who has asked other security.

The certificate shall state that



1. the insurance or security covers the liability referred to

in Chapter 10. paragraph 12 or 10 a Cape. section 11 of the first

subparagraph maritime Act (1994:1009), and



2. the insurance or security during the certificate's

validity period may expire earlier than three months

from that day written notice of the time of

insurance or security lapse came in to

The Swedish Transport Agency only if the certificate was submitted to

Transport Board or a new certificate has been issued.



The certificate shall be written in Swedish or English.



If the Transport Agency so requests, the applicant must submit other

documents showing that the insurance obligation or

the obligation to provide security are met.



section 6, a certificate referred to in Chapter 10. section 12, third paragraph

maritime law (1994:1009) to be issued in the form set out in annex 1

to this regulation. For a ship which is owned by the State,

form 1 used and for another Swedish ship form

2.



A certificate referred to in the 10 a. the third paragraph of section 11

maritime law shall be issued on the form in annex 2 to this

Regulation. For a ship which is owned by the State, to form 1

be used and for another Swedish ship form 2.



Transportation Board shall send the certificate to the ship's

owners.



Insurance or other security of foreign vessels



section 7 for a foreign vessel that is registered in a

Contracting State and is not owned by a foreign State, a

certificate referred to in Chapter 10. paragraph 13 or 10 a

Cape. 12 section maritime Act (1994:1009) to be issued

or certified by a competent authority in the State.



The certificate must be written in English or French, or

include a translation into one of these languages.



Certificate referred to in Chapter 10. 13 section maritime law

shall contain the information set out in form 2 of annex 1.

(A) the certificate referred to in Chapter 10. 12 section maritime law

shall contain the information set out in form 2 of the annex

2.



section 8 for a foreign vessel that is not registered in a

Contracting State and is not owned by a foreign State, a

certificate referred to in Chapter 10. paragraph 13 or 10 a

Cape. 12 section maritime Act (1994:1009) issued by

The Swedish Transport Agency.



Application for a certificate shall be submitted to the Transport Agency last

thirty days before the vessel can be expected to come to a

Swedish port or to another supplementary, is located

in Swedish territorial waters.



The application shall be written in Swedish or English and

indicate:



1. vessel name, register number,

IMO identification number, nationality and place of residence,



2. name of the shipowner and the address at which he carries on its

principal place of business,



3. insurance or security nature and validity,

as well as the



4. the insurer's name and the address at which he carries on

principal place of business and the address where the insurance

issued or security; What about a

insurers also applies to those who have been asking other

Security.



section 9 application for a certificate as referred to in section 8 shall contain

a certificate issued by the insurer or the person who has lodged

other security. The certificate shall state that



1. the insurance or security covers the liability referred to

in Chapter 10. first paragraph of section 13 or 10 a Cape. section 12 of the first

subparagraph maritime Act (1994:1009), and



2. the insurance or security during the certificate's

validity period may expire earlier than three months

from that day written notice of the time of

insurance or security lapse came in to

The Swedish Transport Agency only if the certificate was submitted to

Transport Board or a new certificate has been issued.



The certificate shall be written in Swedish or English.



If the Transport Agency so requests, the applicant must submit other

documents showing that the insurance obligation or

the obligation to provide security are met.



section 10 Of the shipping Board finds that the insurance or

the safety of a vessel referred to in section 8 is reassuring,

a certificate shall be issued on forms the Transport Agency

Announces rules on.



Transportation Board shall send the certificate to the ship's

owners.



section 11 a certificate that has been issued in another

Contracting State of a ship referred to in section 8 shall be treated

with a certificate issued by the Transport Agency

According to section 10.



section 12 For a ship owned by a foreign State, a

certificate referred to in Chapter 10. paragraph 13 or 10 a

Cape. 12 section maritime Act (1994:1009) be issued by the

a competent authority of the State.



Other provisions



section 13 Transport Agency, in cooperation with the customs service and

Coast Guard check that the obligation to have

insurance or provide security as provided in Chapter 10.

or 10 a Cape. maritime law (1994:1009). It should also be

validates that the certificate carried on board vessels in accordance with

10 Cape. 12 or section 13 respective 10 a Cape. 11 or section 12 of the

the Act.



section 14 of the Transport Board may announce regulations

necessary for the execution of 3 – 12 of this regulation and

If the fees for the examination of applications for certificates.



The Transport Board may, after consultation with the customs service and

Coast Guard announce the regulations needed

enforcement of section 13 of this regulation.



Annex 1



FORM 1



Certificate of insurance or other financial security for

liability for oil pollution damage



Certificate of insurance or other financial security in

respect of civil liability for oil pollution damage



Issued under the provisions of article VII of the 1992

International Convention on civil liability for damage caused

oil pollution.



Issued in accordance with the provisions of Article VII of

the International Convention on Civil Liability for Oil

Pollution Damage, 1992.



The ship's name Boktäver or Home owner's name

numbers and addresses

identifies the

the ship



Name of ship Distinctive Port of Name and

number or registry address of

letters owner



This is to certify that the above vessels owned by the Swedish

the State and the State to cover its liability within the limits

referred to in the first subparagraph of article V of the 1992

International Convention on civil liability for damage caused

oil pollution.



This is to certify that the above-named ship is owned by the

State of Sweden and that the ship's liability is covered

within the limits UN-prescribed by Article V, paragraph 1, of

the International Convention on Civil Liability for Oil

Pollution Damage, 1992.



This certificate is valid until



This certificate is valid until



Issued under the authorization of the Swedish Government

Transport Agency



Issued under the authority of the Government of Canada by the

Swedish Transport Agency



I den



At (place) on (date)

(place) (date)



(the issuing officer's

signature and title)

(signature and title of

issuing official)



FORM 2



Certificate of insurance or other financial security for

liability for oil pollution damage



Certificate of insurance or other financial security in

respect of civil liability for oil pollution damage



Issued under the provisions of article VII of the 1992


International Convention on civil liability for damage caused

oil pollution.



Issued in accordance with the provisions of Article VII of

the International Convention on Civil Liability for Oil

Pollution Damage, 1992.



The ship's name Boktäver or Home owner's name

numbers and addresses

identifies the

the ship



Name of ship Distinctive Port of Name and

number or registry address of

letters owner



This is to certify that for the above ships applies a

insurance or other financial security which satisfies

the provisions of article VII of the 1992 international

Convention on civil liability for damage caused by pollution

by oil.



This is to certify that there is in force in respect of the

above-named ship a policy of insurance or other financial

Security satisfying the requirements of Article VII of the

International Convention on Civil Liability for Oil Pollution

Damage, 1992.



Safety art

Type of Security



The period of validity of the collateral

Duration of Security



The name and address of the insurer and/or the (de)

person (s) who has made other financial security

Name and Address of the insurer (s) and/or guarantor (s)



Name

Name



Address

Address



This certificate is valid until

This certificate is valid until



Issued under the authorization of the Swedish Government

Transport Agency

Issued under the authority of the Government of Canada by the

Swedish Transport Agency



I den



At (place) on (date)

(place) (date)



(the issuing officer's

signature and title)

(signature and title of issuing

official)



Annex 2



FORM 1



Certificate of insurance or other financial security for

liability for bunker oil pollution damage



Certificate of insurance or other financial security in

respect of civil liability for bunker oil pollution damage



Issued under the provisions of article 7 in the 2001

International Convention on civil liability for damage caused

of pollution by bunker oil.



Issued in accordance with the provisions of article 7 of the

International Convention on Civil Liability for Bunker Oil

Pollution Damage, 2001.



The Ship's Boktäver IMO-Home Owner's

name or identifying name, and

figures have steadily-address

identifies the number

the ship



Name of ship Distinctive IMO ship Port of Name and

number or identifi-registry address

letters cation of owner

number



This is to certify that the above vessels owned by the Swedish

the State and the State to cover its liability in the

limits specified in the first paragraph of article 7 of 2001

the International Convention on civil liability for damage

bunker oil pollution.



This is to certify that the above-named ship is owned by the

State of Sweden and that the ship's liability is covered

within the limits UN-prescribed by Article 7, paragraph 1, of

the International Convention on Civil Liability for Bunker

Oil Pollution Damage, 2001.



This certificate is valid until

This certificate is valid until



Issued under the authorization of the Swedish Government

Transport Agency

Issued under the authority of the Government of Canada by the

Swedish Transport Agency



I den

At (place) on (date)

(place) (date)



(the issuing officer's

signature and title)

(signature and title of issuing

official)



FORM 2



Certificate of insurance or other financial security for

liability for bunker oil pollution damage



Certificate of insurance or other financial security in

respect of civil liability for bunker oil pollution damage



Issued under the provisions of article 7 in the 2001

International Convention on civil liability for damage caused

of pollution by bunker oil.



Issued in accordance with the provisions of article 7 of the

International Convention on Civil Liability for Bunker Oil

Pollution Damage, 2001.



The Ship's Boktäver IMO-Home Owner's

name or identifying name, and

figures have steadily-address

identifies the number

the ship



Name of ship Distinctive IMO ship Port of Name and

number or identifi-registry address

letters cation of owner

number



This is to certify that for the above ships applies a

insurance or other financial security which satisfies

the provisions of article 7 of the international

Convention on civil liability for damage caused by pollution

by bunker oil.



This is to certify that there is in force in respect of the

above-named ship a policy of insurance or other financial

Security satisfying the requirements of article 7 of the

International Convention on Civil Liability for Bunker Oil

Pollution Damage, 2001.



Safety art

Type of Security



The period of validity of the collateral

Duration of Security



The name and address of the insurer and/or the (de)

person (s) who has made other financial security

Name and Address of the insurer (s) and/or guarantor (s)



Name

Name



Address

Address



This certificate is valid until

This certificate is valid until



Issued under the authorization of the Swedish Government

Transport Agency



Issued under the authority of the Government of Canada by the

Swedish Transport Agency



I den

At (place) on (date)

(place) (date)



(the issuing officer's

signature and title)

(signature and title of issuing

official)