Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992
Article 15
Geldend
Geldend vanaf 03-03-2005
- Bronpublicatie:
16-05-2003, Trb. 2004, 196 (uitgifte: 18-08-2004, kamerstukken/regelingnummer: -)
- Inwerkingtreding
03-03-2005
- Bronpublicatie inwerkingtreding:
31-10-2005, Trb. 2005, 251 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Afval
Milieurecht / Bijzondere onderwerpen
1.
If in a Contracting State there is no person meeting the conditions of article 10, that Contracting State shall for the purposes of this Protocol inform the Director of the Supplementary Fund thereof.
2.
No compensation shall be paid by the Supplementary Fund for pollution damage in the territory, territorial sea or exclusive economic zone or area determined in accordance with article 3a)(ii), of this Protocol, of a Contracting State in respect of a given incident or for preventive measures, wherever taken, to prevent or minimize such damage, until the obligations to communicate to the Director of the Supplementary Fund according to article 13, paragraph 1 and paragraph 1 of this article have been complied with in respect of that Contracting State for all years prior to the occurrence of that incident.
The Assembly shall determine in the Internal Regulations the circumstances under which a Contracting State shall be considered as having failed to comply with its obligations.
3.
Where compensation has been denied temporarily in accordance with paragraph 2, compensation shall be denied permanently in respect of that incident if the obligations to communicate to the Director of the Supplementary Fund under article 13, paragraph 1 and paragraph 1 of this article, have not been complied with within one year after the Director of the Supplementary Fund has notified the Contracting State of its failure to report.
4.
Any payments of contributions due to the Supplementary Fund shall be set off against compensation due to the debtor, or the debtor's agents.