Einde inhoudsopgave
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
Article 3 Liability of the shipowner
Geldend
Geldend vanaf 21-11-2008
- Bronpublicatie:
23-03-2001, Trb. 2006, 329 (uitgifte: 18-01-2006, kamerstukken/regelingnummer: -)
- Inwerkingtreding
21-11-2008
- Bronpublicatie inwerkingtreding:
01-04-2011, Trb. 2011, 58 (uitgifte: 01-04-2011, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Algemeen
Internationaal publiekrecht / Bijzondere onderwerpen
1.
Except as provided in paragraphs 3 and 4, the shipowner at the time of an incident shall be liable for pollution damage caused by any bunker oil on board or originating from the ship, provided that, if an incident consists of a series of occurrences having the same origin, the liability shall attach to the shipowner at the time of the first of such occurrences.
2.
Where more than one person is liable in accordance with paragraph 1, their liability shall be joint and several.
3.
No liability for pollution damage shall attach to the shipowner if the shipowner proves that:
- a)
the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
- b)
the damage was wholly caused by an act or omission done with the intent to cause damage by a third party; or
- c)
the damage 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.
4.
If the shipowner 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 shipowner may be exonerated wholly or partially from liability to such person.
5.
No claim for compensation for pollution damage shall be made against the shipowner otherwise than in accordance with this Convention.
6.
Nothing in this Convention shall prejudice any right of recourse of the shipowner which exists independently of this Convention.