Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992:Article 11

Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992

Article 11

Geldend

Documentgegevens:

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.

With a view to assessing the amount of annual contributions due, if any, and taking account of the necessity to maintain sufficient liquid funds, the Assembly shall for each calendar year make an estimate in the form of a budget of:

(i)

Expenditure

a): costs and expenses of the administration of the Supplementary Fund in the relevant year and any deficit from operations in preceding years;
b): payments to be made by the Supplementary Fund in the relevant year for the satisfaction of claims against the Supplementary Fund due under article 4, including repayments on loans previously taken by the Supplementary Fund for the satisfaction of such claims;

(ii)

Income

a): surplus funds from operations in preceding years, including any interest;
b): annual contributions, if required to balance the budget;
c): any other income.

2.

The Assembly shall decide the total amount of contributions to be levied. On the basis of that decision, the Director of the Supplementary Fund shall, in respect of each Contracting State, calculate for each person referred to in article 10, the amount of that person's annual contribution:

a): in so far as the contribution is for the satisfaction of payments referred to in paragraph l(i)a) on the basis of a fixed sum for each ton of contributing oil received in the relevant State by such person during the preceding calendar year; and
b): in so far as the contribution is for the satisfaction of payments referred to in paragraph 1(i)b) on the basis of a fixed sum for each ton of contributing oil received by such person during the calendar year preceding that in which the incident in question occurred, provided that State was a Contracting State to this Protocol at the date of the incident.

3.

The sums referred to in paragraph 2 shall be arrived at by dividing the relevant total amount of contributions required by the total amount of contributing oil received in all Contracting States in the relevant year.

4.

The annual contribution shall be due on the date to be laid down in the Internal Regulations of the Supplementary Fund. The Assembly may decide on a different date of payment.

5.

The Assembly may decide, under conditions to be laid down in the Financial Regulations of the Supplementary Fund, to make transfers between funds received in accordance with paragraph 2a) and funds received in accordance with paragraph 2b).