ATT Nru , xv ta ' 1·1991 ACT No, XV or 1991 ATI maPlrut b'liji mill· Parlamen! AN ACt' enacted by Ihe Parliament ta' Malta.

Supplimenl lal·GaIlt/la lal ·GveTtl la' M allO, N,.. , 15, 45J, 11 la ' Lulju, 199/

Taqsima A

MALTA

ATT Nru , xv ta ' 1·1991

ACT No, XV or 1991

ATI maPlrut b'liji mill· Parlamen!

AN ACt' enacted by Ihe Parliament

ta' Malta.

of Malta ,

AN ACT 10 provide for MaIta'.lu . ioa

ATT bin: Jipprovdi bin Malta taCtedl

10 tM 1969 Inlernlltloaal Connnu.on

,1'I.U·Kon .. tn~1 Intt~IIIIJi t.'

on Civil Li.bil ity (00' 0tJ Pollution

1969 dw.r ResponsabbUIiI ClvUl,lIai

Damalt a .. d lhe 19" IMunational

I'bara mll·Tl n.1s bii.1tJI, u tal·Kon·

v"u,)on] Inlt~j I.' 1. 1971

Convention on tht &tablbhmtnl or l ..

dwar It.Ywaqqif ta' Fond Inter·

Inltrnalio ... 1 Fund for ComptllSlllion

~II aJIai Kumpens ,TIIII " san

(or Oil PolluUon Dunalt, Ind for the

Impltmtntalion or the prov;"ions or

mll·ThItit l)I.i·bJI 11 Jhall.lmpllmtn.

u- eoavtnlklnl.

turJonl tad-dlspoiiDJonijld ta ' d ......

II·KOIIv~id .

A

AlT TA ' 1..J991 DWAR RF.SPONSABBILTA CIVIU U KUMJ>£NS GHAL

TINelS fIotl i-tJo:JT

A RRANCAMENT T A' L -A RTIK QLI

1. Ti lOlu fi l-qosor u bidu fis·sc bb

Tifsi r

2.

(Sections 5 and 8)

Text of ar11de I 10 15 of the 1971 Intcrtllltiornll Con"~lion on t~ EsIllb!ishtMnl of an

Inlrmlt\onal t"und for CGmp"'lialion for Oil Pollution Damage

Ge,,~rol Provisio'lS

Ankle 1

For th e purpose s of this Conve ntion

I. ~ Uability Convcntion - means Ihe Inte rnat ional Conye ntion on Civil Liability

for Oill'ollul;on Damage. adopted at Brussels on 29 November 1969.

2. ~Ship ·· . ·· Person -. ~ OwllCrw, ~ Oilw. ~ Po llution Damage-. " Preye ntive

Measures". " Incident " and ~Organil:ation -. have the same meaning as in Article 1 of

the Liability Conyen tion. proYided howeve r thaI, for the purposes of thes.e lenns, "oil "

shall be confined to pe rsisten l hydrocarbon mineral oils.

A

~Cont ri buti ng Oil~ means crude oil and fuel oil as defined in sub-paragraphs

).

(3) and (b) below

(a) ~Crude Oi l~ means any liquid hyd rocarbon mixture occurring naturall y

in the earth whet her Or not treated 10 render il sui table for lransportaliO[l. It al so

incl udes crude oils from which certain distillate fractions ha~e been Temo~ed

(sometimes referred \0 as ~Iopped crudes~) Or 10 which a rta;" dislill alt fractions

have been added (!IOIl1climn referred \0 as ~spik ed M or " reconstituted " crudes).

(b)

" Fuel O il" mean s heavy distillates or residues from cru<:k oit Of' blendsof

sueb materials intended for II~ as a fud for the production of heal or flO""cr of a

quality equivalent \0 the .. Amcrkan Society for Testing and Materials'

Specification for Number Four Fuel Oil (Designation D 396-69)", or he avie r.

4. -Unit of Aooounl Or - Monetary Unit" meam lhe unil o f acoount or mol'letary

M

unit 8.$thecue maybe. referred loin Anide Vof[he Liabili[yConvention. asameruled

by [he protocol thereto adopted on 19 November 1976.

S. ~Sh;p's lonnage ~ has the same meaning as in Anicle V. paragTllph 10. of the

Liability Convention.

6. "Ton". in relation to oil. means a metric ton.

7. "Guarantor" means any per$Ot1 providing insura nce or other financial security

to cover an owner's liabili ty in pursuance of Article VI I. paragraph I. of the Liabilit y

Convention.

8. '"Terminal InSlalla tion " means any si le fOf the storage of oil in bulk whkh is

capable of receiving oil from wal erb()rne transportation . incl uding an y f~cility stiuLaled

off-shore and lin ked to ~ uc h site.

9. Where an incident consistS of a ~ries of occurrences. it shall be trealed as

having occurred on the date of the fillt such occurrence.

Article 2

I. An International Fund for compensation for pollu tion dam age. to be named

"The Inlernational Oil Pollution-Compensation Fund" and hereinafter referred 10 as

"The Fund". is he reby established wilh the fnllowing aims;

(a) to provide com pensation for pollution damage to the e~tent Ihat the

protection afforded by the Liability Convention is inadequate

(b) to Jive relief 10 sl\ipo"mers in respect of the additional financial burden

impClliCd on them by the Liabili ty Convention. such relief bei ng subject to

condi tions designed to ensure compliance wit h safety al sea and other convent;olls;

10 give effect 10 the related pu rposes liet out in Ihis Conve ntion.

(c)

2. The fund shall in each Contracling State be reC(lgnized RS a legal person

capable under the laws of that Slate of a!l5umi ng rights and obligations and of being a

pany in legal prOttedinp before the C(lurts of that Stale. Each ConImc1 ing Stale shall

recognize the Director of lhe Fund (hereinafter referred to as W

The Director-) as the

legal re prese ntative of the Fund.

ArtkWJ

Thi s Convention shall apply

I. Wilh regard 10 compensalion according 10 Article 4. exclusively to pollution

damage caused on Ihe territory including the territorial sea of a Contracting Slate. and

to preventive meauress taken to prevent or minimize such damage ;

2. With regard 10 indemnirteiltion of shipowners and their guatlUllOn acoording

10 Article S. exctusively in respect of pollution damage caused on Ihe lerritory ,

including the lerri torial sea, of a Stale Party to the Liability Convention by a ship

registered in or flying Ihe flag of a Contrllding Stale and in respect of preventive

measures taken to prevent or minimitt such damage .

COmptnsation and indemnifieD/ion

1. For the purpose of fulfilling ils function under Anicle 2. paragraph I(a) . the

Fund shall pay compensa tion to any person suffering pollution da mage if such person

hn been unable to obtain full and adequ ate compensat ion for the damage under the

lerms of tile LiabililyConvention.

(a) because no liability for Ihe damage arises under the Liability

Convention;

(h) beca use the owner liable for the damage under the Liabilily Conve ntion

is financially incapable of mee ti ng his obligations in full and any financial security

Ihal may be provided under Article VII of that Convention does nOI cover or is

insufficienttos.atisfy the claims for compensation for the damage; an owner being

treated as financially incapable of meellng his obligations and a financialscC\lriry

being treated as insufficient if the person su ffering the damage has been una bj,e to

obtain full !;lItisfaction of the amount of compensalion due under the Liability

Convention after having taken all reasonable sleps to punue Ihe legal remedies

available 10 him;

(c) because Ihe damage exceeds the owner's liability under the Liability

Conven ti on as lim ited punuant to Article V. paragraph I, of Ihat Convention or

under the terms of any other international Convenlion in force Of" open for

signature, ratifica tion or acoession al the dale of this Convention.

EJlpense~ reasonably incurred or sacrifice~ reasonably made by the owner

voluntarily to prevent or minimi.te pollution damage shall be treated as pollution

damage for the purpost50fthis Artide.

The Fund shall incur no obligation under the preceding paragraph if

2. (a) it proves that the pollution damage resulled from an act of war ,

hostili ties. civi l war or insurrection orwascaused by oil"'hict1 hasncapedor been

discharged from a wanhi p orolhu shipowned or operated by a Stale and used, at

the time of the incident only on Governme nt non-com mercial sclVice: or

(b) the claimant cannot prove that the damage resulted from an incide nt

involving one Or more ships.

3. If Ihe Fund proves Ih al the pollution damage resulted wbolly or partially dlhcr

from an act or omission done Wi 111 intent \0 ca use damage by Ihe pcorson who suffered

the damage or from the negligence of that person . the Fund may be exonerated wholly

or partially from ils obligation 10 pay compensation to such person provided, however.

that there shall be rH) such exoneration with regard to such preventive measures wh ich

are compen~led under paragraph I. The Fund shall in any event be uonerated 10 the

uteRI that the shipowner may have been cxorlel1Ued under Article I U. paragrapll3. of

the Liability Convention.

4. (a) Except as otherwise provided in sub-paragraph (b) ohMs paragraph Ihe

aggregate amount of oompensalion payable by the Fund under Ihi s Article shall in

respect of any onc incident be limited, so that the loud sum of Ilia! amount and the

amoUllt of compen$.a.tion adually paid unde r Ihe Liability Convention for pollution

damage caused in the territory of tbe Contracting States, induding any . Um$ in rcspc:et

of which the Fund is under an obligation to indemnify the owroer pun uanttoArticle S,

pa ragraph 1, of this Convention , shall oot e~eeed 30 million units of a(';(OUnt or ~ SO

million monetary units.

(b) The IggTe",te amount of compenSlltion payable by Ihe Fund under this

Article for pollution damage re$uLting from a natural phenomenon of an uceptional,

inevitable and irresistible chal'llder shan nol uttW 30 million un il5 of account or 450

million monetary unil5 .

S. Where the amount of established cla ims against the Fund u cceds the

aggregate amount of compensa tion payable unde r paragraph 4, the amount available

sball be distributed in such a manner thal the proportion between any est abli shed claim

and the amount of compensation aClually rCCO'le red bylhedaimanl under the Liabili ty

Convention and tbis Cotlvention shall be the same fOf all claimants.

6. The A ssembly of the Fund (he rei nafter referred 10 as "t he Assembly-) may,

having regard 10 th e experience of incidents Which have occured and in parti<:ular Ihe

amount of damage resulting therefrom and 10 changes in the monetary val ues. decide

lhat the amount of 30 milliQn uniuof account or45O million moneta ry units referred 10

in paragraph 4. sub-paragraphs (a) and (b), shall be changed; provided, however. Ihat

Ihis amount shall in no cast ueeed 60 million units of acrount or 900 million monclary

UnilS Of be lo\I.·e r Ihan 30 million units of account or 450 million monetary units. The

changed amount shall apply to incidents which OCCu r after the dale of lhe dcci$ion

effecting the change.

7. The Fund shall, at the request of a Cont racting St Dle. use its good offict=s as

necessary 10 assist that Sta te to secure promptly such peTM>nnci. material and seO'icc~

as are neoessary to enable the Stale to take measures to prevent Of mitigate pollulion

damage arising from an incide nt in rcspeCl of which the Fund may be called upon to pay

compensat ion under this Con vcntion.

8. Th e Fund may on conditions to be laid down in the Internal Regulations

provide credit facilities with a view to the taking of preventive measures agai nst

pollution damage arising from a particular incident in rC$peCl of which the Fund may be

called upon to pay compensation under this Convention.

Article 5

1. For thc pu rpose of fulfilling its fu nction under Article 2, paragraph !(b), the

Fund shall indemnify the owner and hi s guarantor for that portion of the aggregate

amount o f liability unde r the Liabili ty Cotlvention which

A3S0

(a)

is in excess of an amount equivalc lI\ to 100 unit, of account or ] ,SOO monetary

units fo r each Ion of the ship's tonnage or of an amount of 8,333.000 units of

attoulll o r 125 mill ion monetary unilS , whichever is Ihe less, and

is not in excess of an amount equivalent 10 133 uni ts of account or 2.000

(b)

monetary unils for each Ion ofllle said tonnlly or an amount of 14 miUion un itsor

account OT 210 million monetary unilS. whichever is the less, provided, however.

that the Fund shalt iocur 00 obliglUion under this paragraph where the pollu tion

damage resulted fTom the wilful misconduct of the owner himself.

2. The Asse mbly may decide that th e Fund shall, on oonditions lobe laid down in

the Internal Regulations, assu me the obliga ti ons of a guarantor in res~t of s.hip

refe rred 10 in Article 3, paragraph 2, wilh regard 101he portion of liabil ity referred 10 in

paragraph I of this Anicle. However . the Fund sha ll assume such ohliga tioosonly ifllK

owner so requests and if he maintain s adeqoate insunnce Or other financial secu rit y

roveri ng the owner's liability under the Liabili ty Con~entioo up to an amount

equ ivalent to lOO units of account or 1,5(X) monetary units for each too of the !ihip's

tOnnage or an amount of 8,333.000 units of account or 125 million monetary units,

whichever is the less. If the Fund assu mC$ soch obligations, tlK: owflCr $hall in nch

Contracting State be oonsi<kred to have oomplied with Article VII of the l.iability

Coo vention in ~ of tlK: portion of his liabi lity mentioned above.

3. The Fund may be e~onerated wholl y or partially from it5 obligations under

paragraph I towards tlK: owner and his guarantor if the Fund proves that as a resu lt of

the actual (auh or privity of the owne r

(a) the ship from which the oil causing the pollu tion damage escaped di d not

comply with the requirements laid down in

(i) the Im crn at ional Convemion for the Prevention of Pollution of the

Sea by Oil, 1')54, as amended in 1962; or

(ii) tlK: Internation al Convention for tlK: Safe ty of Life at Sea, 1960; or

(iii) the ImematinnaJ Convention on Load Lincs. 1966; Or

(iv) the International Regulations for Preventing Collisions at Sea, 1960;

"' (v) any amendments to the above-mentioned Conve ntions which have

been determined as being of an imponant nalure in accordance .... ilb Anicle

XV I(S) of the Conven tion mentio ned under (i). Anicle IX(e) of the

Convent ion mentioned under (ii) or An kic 29(3)(d) or (4)(d) of the

Convention mentioned under (iii), provided, however, that sueh amendments

had been in force for al least twelve monlhs at the lime of the incident;

md

(b) the incident or damage was caused wholl y or part iall y by such non·

compliance.

The provisions of this paragraph shall apply irrespective of wllether the

Con tractin s State in which the ship wa~ registered or whose flag it was flying is a Pany

10 the re levant Instrumen t.

A 'SI

4. Upon the enlry inlo force of a new Convention designed \0 replace, in whole

or in pan. anyofthe Instrument!; specified in paragraph J, Ihe AJ&:rnbly may decide al

leasl six months in advance a dale on which the new Convention will replace such

Instrument Or part thereof for the purpose of paragraph J. However, any Sta le Party 10

Ihis Convention may d«tare \0 the Director before llial dale Ihal il does not accept such

replace ment ; in which case the decision of the Assembly shall have "o effect in respect

of a ship registered in, or flying the flag of. Ihal Slate 81 the (ime of the incident. Such a

declaration may be withdrawn al any later dale and shall in any even! ce~sc 10 have

effect when Ihe Stale in question beromes a Party 10 such new COllvention.

5. A ship complying with the requi reme nts in an amendment to an Instrument

specified in paragraph 3 o r wi th requirements in a new Convention. wbere the

amendment or Convention is designed to replace in whole or in part such Instrumen t ,

ShaH be considered as complying with the requiremetns in tbe said Instrument for the

purposes of paragraph 3.

6. Wbere the Fund. acting as a guarantor by virtue of paragraph 2. halO paid

compensation for pollution damage in accordance wilh the Liability Convention, it

shall have a right of recovery from the owner if and 10 the extent that the Fund wo uld

tmve been exonerated pursuant to paragraph 3 from its obligations under paragraph I

to indemnify the owner.

7. Expenses reasonably incurred and sacrifJoCeS reasonably made by the own.c:r

voluntarily to prevent or minimitt pollution damage .u.all be trealed as included in the

owners liability fo r the purposes oftbis Article .

Article'

I. Rights to compensation uTKkr article 4 or indemnifICation under Article S shall

be extinguished unless an action is brought thereunder or a notification has been made

pursuant to Article 7, paragraph 6. witbin tbree years from the date wben tbe damage

{)(:CUrred. Ho wever. in nocasoe shall an action be brought afterw years from the date of

the incident which caused the damage.

2. N<Mwilbstanding panlgraph I. the right of the owne r Or his guaranlor to seek

indemnification from the Fund pursuant to Article 5. paragraph I, shall in no case be

extinguished before the expiryof a period of six montb~ as from the date on wbidlthe

owne r or his guarantor acquired knowledge of the bringing of In action against him

under the Liability Convention.

Artic:k 7

I . Subj«t to the subseq uen t provisions of this Article. any action against the

Fund for compensation under Article 4 or indemnification under Article 5 of tbis

Convention sball be brought ooly before a court competent under Article IX of the

Liability Conv<:ntion in TC$pcct of actions against tbe ovmer "" 00 is or who would. but

for the provisions of Article Ill . paragraph 2. orthat Conyention. haye been ~able for

pollution damage caused by the relevant incident.

2. Each Contracting State sball ensure tbat its courts possess tbe necessary

jurisdiction to entertain SIKh actions against tbe Fund as are referred to in paragrapb 1.

A JIO

3. Where an action for compe nsation for pollution damage has bun brought

before a court competen t under Artidc IX of the Liabili ty Convention agai~t the

cr.vner of a ship or his guarantOl'" , web court shall ha...., exch!$ive jurisdictional

compe tence over any action against ItIe Fund for compensation Or indemnifICation

unde r the provisions of Article 4 or 50ftllisConvention in respect orllle same dam age.

Howe\lc r, wl\c:re ilIl action for compensation for pollution damage un<kr the Liability

Convention has been brought before a eourt in a State Party to the Liability Convention

but not to this Convenlion , an y action against the Fu nd under Article 40r under Article

5, ~ragraph I , of this Convention shall a! the option of lhe clai mant be brought ei ther

before a court oftbc Slllte where the Fund has i151leadqua n crsor be fore any court of a

State P.rty 10 this Conven tion com petent unde r Article IX ofthe Liabilit y Convention .

4. Each Contracting Slate shall ensure that the Fund shall have the right to

interve ne as a party to any legal proceedings instituted in accordance with A rticle IX of

the Li ability Convention he fore a competent court of that State agai nst the owner of a

ship or his guarantor.

5, EJ<cept as otherwise provided in paragraph 6, the Fund shall not be bound by

any judgment or decision in proceedings to which it has !1()( been a party 01" by any

sett le ment to wh k h it is not a pany.

6. Without prejudice to the provisions of paragraph 4. where an action underthe

Liability Coovention for compensa tion for pollution damage has been brought against

an owner or his Iluarantor before a competent court in a Con tracting State. each party

to the proceedings shall be entitled unde r the national law of that State to not ify the

Fund of the proceedings. Where soch notirlcation has been made in iICClOrdanee with the

formali ties requi red by the law of the court soeized and in such time and in such a manne r

that the Fund has in fact been in a position effectively to intervene as a party to th e

proceedi ngs, any judgment rendered by the court in soch proeeedingsshall . afte r it has

become final and en forceable in the State where ttle judgement was given , beoorne

bi nding upon Ihe Fund in the sense that the facts and findings in that judgm ent may not

bedisputed by the Fund even if the Fund has not actuallyinlervened in thepr~ngs.

Article 8

Subject to any decision conoeming the diu ribution rdened to in Article 4 ,

paragraph 5. any judgement give n against the Fund by a CO\Irt having jurisdiction in

accorda nce with Article 7, paragraphs 1 and 3, shall , when it has become enforcubl c in

the State of O rigin and is in that State no longer subject to ordi nary forms of reyie"', be

recognized and en fon:eable in each Contr1lCting Stale on the ume conditions as are

prescribed in Anicle X of the Liabili ty Convention.

Artidlr 9

t. SubjeCl to the provision s of Article 5. the Fund shall. in respect of any amount

of compensation for pollut ion damage paid by tile Fund in acco.-danoe with Art icle 4.

paragraph I . of this Con vcntion. acqui re by subrogation the rights t hat the person so

compensated may enjoy under the Liability Convention against the Owner or his

guarantor.

2. Nothing in this COfwen lion shal1 prejudice an y right ofrecoulWofsubrogation

o f the Fund against persons other than those referred to in the precedingpru-agraph. In

any event the right of the Fund to subrogation against soch person shall !1()( be less

favourable than that of an insurer of the person to whom rompensation Or

indemnification hll1; bee n paid.

A l8J

J. Without prejudice to any OIh". righl5 of subrogation or rerolIlR against the

Fund which may exist , I Contrnc1ing Sta le or agency thereof which has paid

compensa tion for pollution damage in accordance wilh provisions of natiooallawshall

acquire by sUbrogation the rights which the pcrsonsooompc nsaled wou ld have enjoyed

unde r this Conven tion.

Contributions

Ar1kk 10

Contribu tions 10 the Fund shall be made in respect of each Contracting Slale

I.

by any person who. in the calendar year re ferred 10 in Article 11, paragraph I. as

regards ini tial oon tributions and in Article 12. paragraphs 2 (a) or (It), as regards annual

contributions, has ll:C<'ivcd in tota l quantities e~ceeding 150.000 tons

<al in the portS or te rminal installations in Ihe territory of that Slate

con tributing oil carried by SC<llo such ports or terminal installations; and

(It) in any iru;tallations liluated in the territory of Ihat Contra";ng Slale

eontrib\Jting oil which has been carried by sea and discharged in B port or terminal

installation of a non-Contracting State. provided th31 contribut ing o il shall only be

taken into account by virtue of th is sub-paragraph on first receipt in a Contracting

State afle r ils discharge in that non-Con tracling Slate.

2. (a )

For the purpc:>$eS of paragraph I. where the quantily of contribu ting oil

recei~d in the territory of a Contracting Slale by any pcl'5Oll in a calendar year when

aggregated with the quanri ty of cootribuli ng oil recc1ved inlhe lame Contracting Slale

in that year by any associated person or person, exceed, \50.000 tons, such person shall

pay contributions in respect of the actual quanr ity received by him notwit hstanding that

quantity did not exceed ]50.000 Ions.

(b) MASI>Ociated person" means any iub$idiary Or commonly controlled

entity. llIc quntion whethe r a person comn wilhin th is definition ,;hall be: determi""d

by the national law of the State roncemed .

Article 11

I. In respecl of each Cont racting State initial contributions shall be made of an

amount which shall for each penon referred to in Artide 10 be: calculated on the basisof

a fixed sum for each Ion of contrib\Jling oil received by him du ring the calendar ~ar

pr«eding that in whi!:h this Convenlion tnten:d into force for that Stale.

2. llIc sum referred to in panlgra ph t shall be: determined by Ihe Assembly

wi thin two months afte r the entry into force of this Con~n tion. In performing Ih is

fu nction the Assembly shall . to lhe extent possible. fix the sum in such B war that the

Iota] amount of initial contribuTions would. if contributions were to be: made 10 respeet

of 90 per cent of the quantities of contributing oil carried by Se;I in the world , equal 5

million uni~ of accou nt or 75 million monetary units.

3. The initial contributions shall in respeet of each Contracting State he paid

within three months following the date al which the Convention entered into force fo r

that Stale.

A'"

Article 12

1. Wit h .vicw\oa§SeSSing for each person referred 10 in Anic!e 10the amount of

annual oon uibutions due . if any. and taking account of the necessity \0 mainlain

sufficient liquid funds, the Asse mbly shall for- each calendar yUT ITUIkc an esti mate in

the form of a budget of

Ex~ndilu,e

(i)

(a) costsande~pc:rn;es of lhe adm in iMral ion oflhc Fund in the relevant year

and any deficit from operations in preceding years;

payments lo be made by the Fund in the relevant yea rforthesatisfaction

(b)

of claims againslll\e Fund due under Anicle 4 or 5. including repayment on loons

previously taken by the Fund for the sa tisfaction of such claims. to the extent th at

the aggregate amount of sudl claims in respect of anyone incident does nOI exceed

I millkm units of account Or 15 million monetary units ;

(c) paymen ts 10 be made by the Fund in the relevan t ye ar for lhesalisfaction

of claims against the Fund due under Article 4 0r S. including repayments on loans

previomly taken by the Fund for Ihe satisfaction of such claims. to the extent that

the aggregate amount of such dainu in respccl of anyone incident is in excess of I

million units of att(lunt or 15 million monetary units

( ii )

Income

(a)

surpl us funds from operations in preceding ye ars. including any interest

ini tial contributions to be paid in the COUI'$e of the year

(b)

(c)

ann ual cont ributions, if requi red to baJallOC: the budget

(d) any othe r income.

2. For each person referred to in Ankle 10 the amount of his annual contributio n

shall be determined by the Assembly and shall be calculated in reSp«t of each

Contracting State

(a) in so far as the contribut ion is for the satisfaction of payments referred to

in paragraph [(i)(.) and (h) on the basis oh fixed sum for each Ion of contributing

oil received in the relevant State by such persons during the preceding calendar

yea r ; and

(b) in so far as the contribution is for the S<l tis{aClion of payments referred to

in paragraph l(i)(e) of this Article on the basis of a fixed sum {or each ton of

ooluributing oil received by such per,;on d uring the calendar year preceding that in

which the inciden t in question occu rred. provided that State was a party to this

Convention It the date of the incident .

J . The su ms referred 10 in paragraph 2 above shall be arrived at by dividing the

relevan t total amount of con tributions required by the 100al amount of contributing oil

re<.:eived in all Contracting Stales in the relevant yea r.

A ID

4. The Assembly shall decide tbe portioo or llle annual contribution wllich shall

be im mediately paid in cash and decide on tile dale of payment. The re maining pan 01

each annual t'OflIribulion sha ll be paid upon OOIification by the Director.

5. The Director may. in C85e$ and in accordance with cooditions 10 be laid down

in the In ternal Regul ations of the Fund. requi re a contri butor to provide fin ancial

KCUri1 r for the sums d ue from him .

6. Any demand for paymcnu made under paragrnph 4 Ulall be called rateably

from all individual ronlribulOn .

Art lck Jj

I . ~ amount of any OOII tribtuioo due under Anicle 12 and which is in arrear

shalllJ.c,ar inl crest a1 a rale which shall be dctcmlined by Ihe Assembly for each calendar

year provKled 1ha1 different roles may he fixed for differe nt circumstances.

2. Each Contracting Slale shall ensure Ihat any obligation 10 rontribtne 10 Ihe

Fund arisi ng under Ih is Conven tion in respect of oil received with in the territory of that

Statc is fulfilled and shall takc any appropriatc measures under its law. includins Ihe

imposins of such $8.nctions as il may dccm ne<.:e5Sary. wilh a view 10 Ihe effective

uerolion of any such oblisation: provided. howcver . Ihal such mcasures shall only be

directed asaiflSt those penons who are under an oblisa tion 10 contribute 10 the Fund.

3. Whcre a pcl"5On who is liable in accordance with tile provisions of Anicl" 10

and 11 to make co ntributions 10 the Fu nd does not fulfil his oblisations in rcspect of any

such contribution ()( any pan thercof and is in arrear for a period uceedins three

months. the Director shallta kt all appropriatc actio n against such person on behal f of

the Fund with. vicw lothe reooveryof lhc amounl duc . HQ\Oo·cver. where thedcfaulting

contributor is manifestly insolvent or the circumstances ot herwise so warran\. the

Assembly may , upon recommendation of tile Director. decide that no action shall be

taken or continued agai nst Ihe contributor.

ArUd~ 14

I . Each Conlractins State may at the time when it deposits its in strument of

rdtification or accession or at any time thcreaflcr declare that it assumes itself

obligations that are incumbent under Ih is Convention on any person .... ho is liable to

cont ribu te 10 the Fund in accordance with AMide 10. paragraph I. in respect of oil

received witllin lhe terril()(y of IlIal Stale. Such declaration 5hall be made in writing and

shall specify which obligalions are assum ed.

2. Where a dedaralion under paragraph I is made prior 10 Ihe enlry inlo force of

Ihis Convention in a~oordancc " 'ith AMide 40. il shall be: deposited .... ith the Secretary·

General of the Orga nization .... ho shall after the en try inlo force of the Convention

communicate the declaration 10 Ihe Director.

3. A declar~ti o n under paragruph I which is made after the ell lry in to force of this

Convenlion slullI be deposited with the Di n~el()( .

4. A declaration made in accorda nce .... ilh Ihis AMide may be .. i lhd rawn by lite

relevanl Slale giving notice thereof in writing to 1he Di rector. Such notifica1ion shall

lake effect Ihree months after lhe Directors re~eipt thneof.

A

S. Any Slate which is bound by a declaration made under this Article mall, in any

proceedings braugl" again5t it before a compete nt court in respect of an y obligation

5~j fied in the declaration. waive an y immunity that i1 would otherwise be entitled \0

invoke .

Artkk 15

I. Eal.:h. CO'lIr3C1inl State shall ensure that any per$OD who receives contributing

oil within ;15 territory in such quanlitie~ 1hal he is liable 10 contribute \0 the Fun d

appeal'li on a lis\ to be established and kcpl up IQ dale by the Director in acoordartee with

tile subsequen t provisions of this Article.

2. For the purposes set out in paragraph I, each Contracting State shall

oommuniYIle, a1 a lime and in lITe manner 10 be prescribed in the Inte rnal Regul ations.

10 the Di rector tbe name and address of any pel'1Oll who in respcd of that State is liable

10 oontribul~ 10 the Fund punuan\ 10 Article 10, as well Il5 data 011 the relevant

quantities of contributing oil received by any such person during the ptecedingcalendar

year.

3. For the purposes of ascertaining who are, at any given time, the persons liable

to contribute to tbe Fund in accordance with Art icle 10, paragraph I , and of

establishi ng. where applicable, the Quanti ties of oil to be taken into a(X:(lunt for any

such persons when determ in ing the amount of his contribution, the list shall be prima

!Dcil evidence of t he facts stated therein .

Passed by the Houseof Representativesal Sitting No. 54 1 Oflhe2nd Ju ly, ]9') ] .

LAwRENCE GONZI

Speaku

RI C IIARO J. CAUCHI

A Cling Clerk 10 Ihe HouseQ! HtpresertlQlives.

,..l>/ilJoUb,1Io< ~ofl"""'" Jfi .. _c...;a..

""""Dif>On .... ., '"'I.lnl ........ jonI - K .. ,;ljo

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I'rcn Ill< _ _

000 tons of oil in bulk as cargo shall be required 10 maima;n In surance or other

financial security. such as the guarantee of a bank or a ce rtificate delivered by an

international compensation fund. in the sums fixed by applying th e limits of liability

prescribed in Ankle V. paragraph I to rover hi ~ liabilit y for pollution damage under

this Convcmion.

A

2. A ceniftcate atte!iling tllat insurance or otller financial SC('Urity is in force in

acrordarICC with the provisions of Ihis Convention sllall be issued 10 eacll sllip. It sllall

be issued or cenifted by the appropriate authorit y of the Stale of thcship's regi!ill')' after

detennining that the requirements of paragraph I of th is Ankle have been complied

wilh . This ttrtificatc shall be in the fonn of the annc~ed model and shall contain the

following pan iculars

(8)

name of shi p and port of registration;

(b)

name and principal place of business of owner

(c)

typeohecurity;

(d) name and princi pal place of business of insurer or ot her person giving

security and. where appropriate. place of business whtre the insurance orsecurity

is established

(e) period of validity of certirICate which shall not be longer than Ihe period

of validily of lhe insurance or other scnIri ty.

The certificate shall be in the official language or languages of the issuing

Slale, If lhe language used is neit her English nor French , the text shall include a

transluion inloone of these Languages.

The cenirtCale shall be carried on board the ship and a copy shall be deposited

with the aUlhori ties who keep the record ofthc ship's registry.

An insurance or other financial security shall not SAtisfy the requirements of

this Anide if;t can cease, for reasons other Ihan the expiry of Ihe period of validily of

the insurance Or security specifi ed in lhe ce niftcale under paragraph 2 of this Article ,

before three months have elapsed from Ihe dale on which notice of its termination is

given 10 the aUlhorities referred to in paragraph 4 of Ih is Article, unless the certificate

has beeo surrendered 10 these aUlhoritesor a new certificate has been issued within the

said period. The foregoing provisions shall similarly appl y to any modification which

results in tbe insurance or security no longe r utidying the requirements of this Article .

The State of registry shall , subject 10 tile provisions of this Art icle. determine

Ihe conditions of issue and validi ty of the ce rtificate.

Ccnificales issuedor certirted under Ihe authority oh ConlractingSlate shall

be aoccpted by OIlier Contracting States for the purposes of this convention and shall be

regarded by otlier Contracting Statcs:u having the ume force as ceniflCates issued or

cenified by them. A Contracting State may at any lime request consultation with Ihe

Stale of a ship's regi!ilT)' should it beUevt that the insurer or guarantor named in Ihe

certificate is IlOI fi nano;ially capable of meeting the obligations imposed by this

Convention.

Any claim for compensation for pollUlion damage- miily be bro\Jgh t dirC<1ly

against the insurer or other person providing financiiill sco;urity for the owner's liabili ty

for pollution damage . In such case Ihe defendanl may, irrespective of the actual faull or

privity of the owner, aViilil himself of the limits of liability prescribed in Art icle V,

paragraph I , He may further avail himselfof lhedefenccs(otherthan the bankruplC}'or

winding up of Ihe owner) whieh Ihe owner himself would have heen enlilled to invoke.

Furthermore, the defendant may avail himself o!the defence thallhe pollution damage

resulted from Ihe wilful mhoonduct of the owne, himself, bul Ihe defendant shall nOI

avail himself of any other defence whid! he mighl haY(: h«n enti lled to invoke in

proocedings brought by the owner against him . The defendant shall in any eve nt have

the righllO ~uire Ihe owner 10 be joined in the proceedings.

Any sums provided by insurance or hy other financial $CCUrily maintained in

acwrdance wilh plIl"lIgrnph I of Ihis Article shall he available exclusively for the

satisfaction of claims under Ihis Convention.

A Contrading State shall not permit a ship unde r its flag towhieh this Article

applies 10 trade unless a certir~te has heen i§sued under paragraph 2 Or 12 of Ihis

Article .

Suhject to the provisions of this Article, each Contracting State shall ensure,

under its nationallegislalion, that insunmce or other security to the e:<tent specified in

paragraph I of this Article is in force in respect of any ship. wherever registered,

entering or leaving a r.ort in its territory. or arriving at or leaving an off-shore tenninal

in its territorial sea. If the ship actually carries more than 2,o:xJ toIlS of oil in bulk as

cargo.

If insurance Or other financial seC\l ril y is nOf mainlained ill respect of a ship

owned by a ContractingState. the provisions of this Anicle re lating lhereto shall nOl be

applicable to such ship, but the ship liha ll ca rry a certificate issued by the appropriate

authorities of the State of the sh ip's registry stating that the ship is ow"ed by that Stale

and that Ihe ship's liability is covered within Ihe limitl; pre~bed by Article V,

paragraph I. Sueh a certificate shall follow as closely as pradic.able the model

prescribed by p,aragrnph 2 of this Article .

Artk\t VIII

Rights of compensation under this Conven tion shall be extinguished unle§s an

action ;s brought thereunder within three years from the date when the damage

OCI,:I,.lrred. However. in !IO case sha ll an action be brought after six years from the date of

tbe incident wh ich caused lhe damage. Wh ere Ihili illcidell1 oons;st~ of a seriei of

/)CCUrreoc..5, Ihe six years's period shall run from the dale of Ihe first such occurrence.

Artidt IX

I. Where an incident has ca used pollution damage in the territory including Ihe

territorial sea of one or more Co ntracting Statu. or preventive measures have been

taken to prevenl or minimize pollution damage in such territory including the territorial

sea. actions for compensation ma y only be hrough l in the Courtli of any su(:h

Contracting State or Stale~. ReasoRable notice of any su(:h action shall be given to the

dcfendall1.

2. Each Contracting State shall eniure thal its Courts possess the nec:ttSSary

jurisdiction to entertain such actions for oompensalion.

3. Afterthe fund has been constituted in KOOrdan-ce with Article V tbe Courtsof

the State in which the fu!ld ;s constituted shall be ClIclusively competent to detennine all

mallers relating to the appointmenl and distribution of the fund .

A

A_X

I.

Any judgemenl given by a Cou rt wilh jurisdiclion in accordance wilh Article

IX which is enforceable in the State of origin where it is DO longer sutJ;ed 10 ordinary

fonns of review. shall be recognized in any Contracting Slale, except

(a)

where Ihe judgm ent was obt ained by fraud; or

(b) where Ihe ddendant was not gi~n reasonable notice and a fai r

opportun ity 10 pr~nt his case.

2. A judgment recogn ized under paragra ph I oflhis Anicle shall beenfon:eable

in each Contracting State as soon as the formalit ies requi red in Ihat Stale have been

romplkd with. The formalities shall not permitlhe merits of th e case 10 be re-opened

Anlcle XI

I. The provisions of this Convention shall nOI apply 10 warships or other ships

owned or ope rated by a Stale and us.ed for the time bei ng , only on Gove rnment non·

commercial s.ervice.

2. With relipcctto ships OWlICd by a Conlra<1ing Sta te and used for commercial

pUrJ>OSCs, each Slat e shall be subject 10 suit in the ju risdictions set forth in Article lX

and shall waive all defences bosed on ils Sl~tus as a sovereign State.