International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992:artikel 12

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

Article 12

Geldend

Documentgegevens:

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, 228.
Bronpublicatie:: 27-11-1992, Trb. 1994, 228 (uitgifte: 04-11-1994, kamerstukken/regelingnummer: -)
Inwerkingtreding: 30-05-1996
Bronpublicatie inwerkingtreding:: 22-07-1996, Trb. 1996, 197 (uitgifte: 22-07-1996, kamerstukken/regelingnummer: -)
Vakgebied(en): Milieurecht / Bijzondere onderwerpen
Omgevingsrecht / Milieu

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 Fund in the relevant year and any deficit from operations in preceding years;
(b): payments to be made by the Fund in the relevant year for the satisfaction of claims against the Fund due under Article 4, including repayment on loans previously taken by the Fund for the satisfaction of such claims, to the extent that the aggregate amount of such claims in respect of any one incident does not exceed 1 million units of account or four million units of account;
(c): payments to be made by the Fund in the relevant year for the satisfaction of claims against the Fund due under Article 4, including repayments on loans previously taken bij the Fund for the satisfaction of such claims, to the extent that the aggregate amount of such claims in respect of any one incident is in excess of 1 million units of account or four million units of account;

(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 shall, in respect of each Contracting State, calculate for each person referred to in Article 10 the amount of his annual contribution:

(a): in so far as the contribution is for the satisfaction of payments referred to in paragraph 1 (i) (a) and (b) on the basis of a fixed sum for each ton of contributing oil received in the relevant State by such persons 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) (c) of this Article 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 party to this Convention at the date of the incident.

3.

The sums referred to in paragraph 2 above 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 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 Fund, to make transfers between funds received in accordance with Article 12.2a) and funds recieved in accordance with Article 12.2b).