Einde inhoudsopgave
International Convention on Civil Liability for Oil Pollution Damage
Article III
Geldend
Geldend vanaf 30-05-1996
- Redactionele toelichting
Deze versie is nog niet voor alle partijen in werking getreden. Zie voor de partijgegevens het protocol van 27-11-1992, Trb. 1994, 229.
- Bronpublicatie:
27-11-1992, Trb. 1994, 229 (uitgifte: 04-11-1994, kamerstukken/regelingnummer: -)
- Inwerkingtreding
30-05-1996
- Bronpublicatie inwerkingtreding:
22-07-1996, Trb. 1996, 194 (uitgifte: 22-07-1996, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Bijzondere onderwerpen
1.
Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or, where the incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident.
2.
No liability for pollution damage shall attach to the owner if he proves that the damage:
- (a)
resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or
- (b)
was wholly caused by an act or omission done with intent to cause damage by a third party, or
- (c)
was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
3.
If the owner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from his liability to such person.
4.
No claim for compensation for pollution damage may be made against the owner otherwise than in accordance with this Convention. Subject to paragraph 5 of this Article, no claim for compensation for pollution damage under this Convention or otherwise may be made against:
- (a)
the servants or agents of the owner of the members of the crew;
- (b)
the pilot or any other person who, without being a member of the crew, performs services for the ship;
- (c)
any charterer (howsoever described, including a bareboat charterer), manager of operator of the ship;
- (d)
any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority;
- (e)
any person taking preventive measures;
- (f)
all servants or agents of persons mentioned in subparagraphs (c), (d) and (e);
unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
5.
Nothing in this Convention shall prejudice any right of recourse of the owner against third parties.