RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT gKAP. 351.   1
KAPITOLU 351
ATT DWAR RESPONSABBILTA CIVILI U 
KUMPENS GHAL TINGIS MIZ-ZEJT
Sabiex jipprovdi biex Malta taccedi ghall-Konvenzjoni Internazzjonali
ta’ l-1969 dwar Responsabbilta Civili ghal Hsara mit-Tingis biz-Zejt, u tal-
Konvenzjoni Internazzjonali ta’ l-1971 dwar it-Twaqqif ta’ Fond
Internazzjonali ghal Kumpens ghal Hsara mit-Tingis biz-Zejt, u ghall-
implimentazzjoni tad-disposizzjonijiet ta’ dawn il-Konvenzjonijiet.
(9 ta’ Settembru, 1991
26 ta’ Dicembru, 1991)*
Sar ligi bl-Att XV ta’ l-1991, kif emendat bl-Att XXIV ta’ l-1995.
Titolu fil-qosor. 
Kumpens ghal Tingis miz-Zejt.
Tifsir.
tehtiegx xort’ohra - 
Kap. 226.
"ibhra territorjali ta’ Malta" ghandha l-istess tifsir kif moghti
lilha fl-Att dwar l-Ibhra Territorjali u z-Zona Kontigwa;
"IOPC Fund" tfisser l-International Oil Pollution Compensation
Fund imwaqqaf taht id-disposizzjonijiet tal-Konvenzjoni dwar il-
Fond;
"Konvenzjonijiet" tfisser il-Konvenzjoni dwar il-Fond u l-
Konvenzjoni dwar ir-Responsabbilta;
"Konvenzjoni dwar il-Fond" tfisser il-Konvenzjoni
Internazzjonali dwar it-Twaqqif ta’ Fond Internazzjonali ghal
Kumpens ghal Hsara mit-Tingis biz-Zejt, adottata fi Brussels fit-18
ta’ Dicembru, 1971, kif emendata bil-Protokoll ghaliha maghmul
f’Londra fid-19 ta’ Novembru, 1976;
"Konvenzjoni dwar ir-Responsabbilta" tfisser il-Konvenzjoni
Internazzjonali dwar Responsabbilta Civili ghal Hsara mit-Tingis
biz-Zejt adottata fi Brussels fid-29 ta’ Novembru, 1969, kif
emendata bil-Protokoll ghaliha maghmul f’Londra fid-19 ta’
Novembru, 1976;
"Ministru" tfisser il-Ministru responsabbli ghall-bastimenti;
Kap. 234. 
"Registratur Generali" tfisser ir-Registratur Generali tal-
Bastimenti Merkantili u tal-Bahrin mahtur taht l-artikolu 363 ta’ l-
Att dwar il-Bastimenti Merkantili u tinkludi kull persuna li tagixxi
taht l-awtorita tieghu.
(2) F’dan l-Att u f’kull regolament maghmul bis-sahha tieghu,
jekk ikun hemm xi konflitt bejn it-test ingliz u t-test malti, ghandu
jipprevali t-test ingliz.
*Ara is-subartikolu (2) ta’ l-artikolu 1 ta’ dan l-Att kif originarjament promulgat,
liema subartikolu gie mholli barra taht l-Att ta’ l-1980 dwar ir-Revizjoni tal-
Ligijiet Statutarji, u l-Avvizi Legali 135 u 189 ta’ l-1991.
    RESPONSABBILTA CIVILIUKUMPENS
2      KAP. 351.h    GHALTINGISMIZ-ZEJT
(3) Kemm-il darba r-rabta tal-kliem ma tehtiegx xort’ohra, il-
kliem u l-espressjonijiet uzati f’dan l-Att ghandu jkollhom l-istess
tifsir moghti lilhom fil-Konvenzjonijiet.
Ratifika tal-
Konvenzjonijiet.
3. Ghall-finijiet ta’ kull ligi applikabbli ghalihom il-Gvern ta’
Malta huwa b’dan awtorizzat li jaccedi ghall-Konvenzjoni dwar il-
Fond u l-Konvenzjoni dwar ir-Responsabbilta.
Certi 
disposizzjonijiet 
tal-Konvenzjoni 
dwar ir-
Responsabbilta 
moghtija forza ta’ 
ligi f'Malta. 
Emendat: 
XXIV.1995.362.
4. (1) Bla hsara ghad-disposizzjonijiet tas-subartikoli (2) sa
(5) ta’ dan l-artikolu u minkejja d-disposizzjonijiet ta’ kull ligi
ohra, id-disposizzjonijiet ta’ l-artikoli I sa XI tal-Konvenzjoni dwar
ir-Responsabbilta, liema artikoli huma riprodotti fl-Ewwel Skeda li
tinsab ma’ dan l-Att, ghandhom jiffurmaw parti mill-Ligi ta’ Malta
u jkunu esegwibbli bhala parti mil-Ligi ta’ Malta.
(2) Meta xi azzjoni tkun qed tingieb f’Malta skond id-
disposizzjonijiet tal-Konvenzjoni dwar ir-Responsabbilta kull
riferenza f’dik il-konvenzjoni ghal "il-Qorti", jew ghal "il-Qorti
jew awtorita kompetenti ohra", ghandha f’kull kaz tinqara u
tinftiehem bhala riferenza ghall-Prim’Awla tal-Qorti Civili.
Kap. 12.
(3) Meta l-hsara mit-tingis, li tirrizulta minn incident tkun
iggarrbet f’Malta, maghduda l-ibhra territorjali ta’ Malta, jew jekk
ikunu ittiehdu mizuri ghall-prevenzjoni jew tnaqqis ghall-minimu
ta’ hsara bhal dik f’dik l-arja, azzjoni ghal kumpens taht id-
disposizzjonijiet tal-Konvenzjoni dwar ir-Responsabbilta ghandha
tingieb f’Malta quddiem il-Prim’Awla tal-Qorti Civili, billi tigi
pprezentata talba quddiem dik il-qorti. Talba bhal din ghandha tigi
istitwita skond is-sub-titolu III tat-Titolu VIII tat-Taqsima I tat-
Tieni Ktieb tal-Kodici ta’ Organizzazzjoni u Procedura Civili.
(4) Il-Prim’Awla tal-Qorti Civili ghandha tiddeciedi d-
distribuzzjoni tal-fond ta’ limitazzjoni, u meta dak il-fond ma jkunx
sufficjenti biex jissodisfa t-talbiet ta’ dawk li jkollhom il-jedd ghal
kumpens, l-ammont ta’ kumpens ta’ kull pretendent ghandu
jitnaqqas pro rata.
(5) L-awtorita xierqa ghall-hrug ta’ certifikat ta’ assigurazzjoni
dwar bastimenti Maltin, jew dwar bastimenti li jtajjru l-bandiera ta’
Stat mhux parti fil-Konvenzjoni dwar ir-Responsabbilta li jidhlu fi
jew jitilqu minn xi port f’Malta, ghandha tkun ir-Registratur
Generali li ghandu, ghall-finijiet tal-paragrafu 6 ta’ l-artikolu VII
ta’ dik il-konvenzjoni u bla hsara ghad-disposizzjonijiet ta’ dik l-
istess konvenzjoni u ta’ kull regolament maghmul bis-sahha ta’ dan
l-Att, jistabbilixxi l-kondizzjonijiet tal-hrug u l-validita ta’ dak ic-
certifikat.
Certi 
disposizzjonijiet 
tal-Konvenzjoni 
dwar il-Fond 
moghtija forza ta’ 
ligi f’Malta. 
Emendat: 
XXIV.1995.362.
5. (1) Bla hsara ghad-disposizzjonijet tas-subartikoli (2) sa
(6) ta’ dan l-artikolu, id-disposizzjonijiet ta’ l-artikoli 1 sa 15 tal-
Konvenzjoni dwar il-Fond, liema artikoli huma riprodotti fit-Tieni
Skeda li tinsab ma’ dan l-Att, ghandhom jiffurmaw parti mil-Ligi
ta’ Malta u jkunu esegwibbli bhala parti mil-Ligi ta’ Malta.
(2) Kull persuna li f’sena kalendarja tkun irceviet contributing
oil hekk li tkun suggetta li tikkontribwixxi ghall-IOPC Fund skond
l-artikolu 10 tal-Konvenzjoni dwar il-Fond, ghandha, mhux aktar
tard mill-1 ta’ Marzu tas-sena ta’ wara, tinforma lill-Ministru bil-
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT gKAP. 351.   3
kwantita ta’ dak il-contributing oil li hija tkun irceviet.
(3) Il-Ministru ghandu, fi zmien u bil-mod preskritt fir-
Regolamenti Interni ta’ l-IOPC Fund, jikkomunika l-informazzjoni
msemmija fil-paragrafu 2 ta’ l-artikolu 15 tal-Konvenzjoni dwar il-
Fond lid-Direttur ta’ l-IOPC Fund.
(4) (a) Ghall-finijiet ta’ dan is-subartikolu "persuna assocjata"
tfisser kumpanija jew korp maghqud iehor li fil-kaz il-
wiehed u l-iehor ikun is-sussidjarju, l-assocjat jew il-
holding company ta’ kumpanija ohra, jew ikun il-
manager ta’ jew immexxi minn dak il-korp maghqud,
jew b’xi mod iehor jikkontrolla jew ikun ikkontrollat
minn dak il-korp maghqud jew ikun is-sussidjarju jew
l-assocjat tal-holding  company  ta’ dak il-korp
maghqud - u assocjat ta’ korp maghqud tfisser korp
maghqud li jkun sussidjarju ta’ l-istess  holding
company.
(b) Kull persuna li f’sena kalendarja tkun irceviet
contributing oil  f’portijiet jew stallazzjonijiet f’Malta
bil-mod specifikat fis-sub-paragrafi (a) u (b) tal-
paragrafu 1 ta’ l-artikolu 10 tal-Konvenzjoni dwar il-
Fond fi kwantitajiet totali li jeccedu 150,000 tunellata
metrika ghandha thallas kontribuzzjonijiet lill-IOPC
Fund  skond l-artikoli 10 sa 13 ta’ dik il-konvenzjoni
f’dak l-ammont u sa dik id-data li jigu stabbiliti mill-
Assembleja ta’ l-IOPC Fund:
Izda, minkejja li l-kwantita ricevuta f’Malta f’sena
kalendarja minn xi persuna bhal dik ma tkunx teccedi 150,000
tunellata metrika imma meta aggregata mal-kwantita  ta’
contributing oil ricevuta fl-istess sena kalendarja f’Malta minn
persuna assocjata jew persuni assocjati tkun teccedi 150,000
tunellata metrika, dik il-persuna ghandha thallas kontribuzzjonijiet
dwar il-kwantita attwali ricevuta minnha.
(5) Meta l-hsara mit-tingis li tirrizulta minn incident tkun
iggarrbet f’Malta, maghduda l-ibhra territorjali ta’ Malta, jew jekk
ikunu ttiehdu mizuri ghall-prevenzjoni jew tnaqqis ghall-minimu
ta’ hsara bhal dik f’dik l-arja, kull azzjoni kontra l-IOPC Fund ghal
kumpens taht l-artikolu 4 tal-Konvenzjoni dwar il-Fond ghal
indenizzazzjoni taht l-artikolu 5 ta’ dik l-istess konvenzjoni
ghandha tingieb f’Malta quddiem il-Prim’Awla tal-Qorti Civili.
(6) In-notifikazzjoni lill-IOPC Fund taht il-paragrafu 6 ta’ l-
artikolu 7 tal-Konvenzjoni dwar il-Fond ghandha ssir permezz ta’
att gudizzjarju kontra l-IOPC Fund u notifikata fl-ufficcju tal-
Ministru.
(7) L-IOPC Fund ikollha d-dritt li tiehu azzjoni quddiem il-
Prim’Awla tal-Qorti Civili kontra kontributuri hatja ta’ nuqqas.
Procedura. 
Emendat:
XXIV.1995.362.
6. Minkejja d-disposizzjonijiet ta’ kull ligi ohra:
(a) il-Prim’Awla tal-Qorti Civili ghandu jkollha
gurisdizzjoni li tisma’ u tiddeciedi kawzi u azzjonijiet
li skond dan l-Att ghandhom jingiebu quddiemha;
    RESPONSABBILTA CIVILIUKUMPENS
4      KAP. 351.h    GHALTINGISMIZ-ZEJT
(b) meta procedura bil-miktub jew att gudizzjarju iehor
ikunu jridu jigu prezentati kontra l-IOPC  Fund,  ikun
bizzejjed jekk f’dik il-procedura jew att ikun hemm
imsemmi l-IOPC Fund u ma jkunx mehtieg li f’dik il-
procedura jew att tissemma l-kariga jew l-isem tal-
persuna li f’dak iz-zmien tkun tokkupa l-kariga li
jkollha, skond il-kostituzzjoni ta’ l-IOPC  Fund,  ir-
rapprezentanza gudizzjarja ta’ dak il-Fond;
(c) il-proceduri u l-atti msemmijin fil-paragrafu (b) ta’
dan l-artikolu ghandhom jigu notifikati fl-ufficcju tal-
Ministru li ghandu fi zmien hamest ijiem tax-xoghol
jittrasmetti l-istess lill-kwartieri generali ta’ l-IOPC
Fund permezz tal-Ministeru responsabbli ghall-
affarijiet barranin;
(d) kull zmien gudizzjarju ghall-prezentata ta’ proceduri
bil-miktub jew atti ohra mill-IOPC Fund jigi estiz
b’hamest ijiem tax-xoghol u ebda zmien tali ma jista’
jigi mqassar ghal inqas minn hamest ijiem tax-xoghol.
Setgha ghal eghmil 
ta’ regolamenti.
7. (1) Il-Ministru jista’ jaghmel regolamenti, regoli jew
ordnijiet, jew jaghti istruzzjonijiet, li jkunu mehtiega biex jaghti
effett lid-disposizzjonijiet tal-Konvenzjoni dwar ir-Responsabbilta
jew tal-Konvenzjoni dwar il-Fond.
(2) Regolamenti, regoli u ordnijiet maghmula taht kwalunkwe
disposizzjoni ta’ dan l-Att jistghu isiru bl-ilsien ingliz biss.
Lingwa ta’ l-
Iskedi.
8. L-Iskedi li jinsabu ma’ dan l-Att ghandhom ikunu fl-ilsien
ingliz biss, u dak it-test ghandu japplika wkoll ghat-test malti ta’
dan Att.
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT gKAP. 351.   5
L-EWWEL SKEDA 
(Artikoli 4 u 8) 
Text of articles I to XI of the 1969 International Convention on Civil Liability 
for Oil Pollution Damage as amended by the 1976 Protocol thereto
 Article I
For the purposes of this Convention:
1. "Ship" means any sea-going vessel and any seaborne craft of any type
whatsoever, actually carrying oil in bulk as cargo.
2. "Person" means any individual or partnership or any public or private body,
whether corporate or not, including a State or any of its constituent subdivisions.
3. "Owner" means the person or persons registered as the owner of the ship or,
in the absence of registration, the person or persons owning the ship. However in the
case of a ship owned by a State and operated by a company which in that State is
registered as the Ships’ operator, "owner" shall mean such company.
4. "State of the ship’s registry" means in relation to registered ships the State
of registration of the ship, and in relation to unregistered ships the State whose flag
the ship is flying.
5. "Oil" means any persistent oil such as crude oil, fuel oil, heavy diesel oil,
lubricating oil and whale oil, whether carried on board a ship as cargo or in the
bunkers of such a ship.
6. "Pollution damage" means loss or damage caused outside the ship carrying
oil by contamination resulting from the escape or discharge of oil from the ship,
wherever such escape or discharge may occur, and includes the costs of preventive
measures and further loss or damage caused by preventive measures.
7. "Preventive measures" means any reasonable measures taken by any person
after an incident has occurred to prevent or minimize pollution damage.
8. "Incident" means any occurrence, or series of occurrences having the same
origin, which causes pollution damage.
9. "Organization" means the Inter-Governmental Maritime Consultative
Organization.
Article II
This Convention shall apply, exclusively to pollution damage caused on the
territory including the territorial sea of a Contracting State and to preventive
measures taken to prevent or minimize such damage.
Article III
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 oil which has escaped or been discharged from the ship as a result of the incident.
2. No liability for pollution damage shall attach to the owner if he proves that
    RESPONSABBILTA CIVILIUKUMPENS
6      KAP. 351.h    GHALTINGISMIZ-ZEJT
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 shall be made against the
owner otherwise than in accordance with this Convention. No claim for pollution
damage under this Convention or otherwise may be made against the servants or
agents of the owner.
5. Nothing in this Convention shall prejudice any right of recourse of the
owner against third parties.
Article IV
When oil has escaped or has been discharged from two or more ships, and
pollution damage results therefrom, the Owners of all the ships concerned, unless
exonerated under Article III, shall be jointly and severally liable for all such damage
which is not reasonably separable.
Article V
1. The owner of a ship shall be entitled to limit his liability under this
Convention in respect of any one incident to an aggregate amount of 133 units of
account for each ton of the ship’s tonnage. However, this aggregate amount shall not
in any event exceed 14 million units of account.
2. If the incident occurred as a result of the actual fault or privity of the owner,
he shall not be entitled to avail himself of the limitation provided in paragraph 1 of
this Article.
3. For the purpose of availing himself of the benefit of limitation provided for
in paragraph 1 of this Article the owner shall constitute a fund for the total sum
representing the limit of his liability with the Court or other competent authority of
any one of the Contracting States in which action is brought under Article IX. The
fund can be constituted either by depositing the sum or by producing a bank
guarantee or other guarantee acceptable under the legislation of the Contracting
State where the fund is constituted, and considered to be adequate by the Court or
another competent authority.
4. The fund shall be distributed among the claimants in proportion to the
amounts of their established claims.
5. If before the fund is distributed the owner or any of his servants or agents or
any person providing him insurance or other financial security has as a result of the
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT gKAP. 351.   7
incident in question, paid compensation for pollution damage, such person shall, up
to the amount he has paid, acquire by subrogation the rights which the person so
compensated would have enjoyed under this Convention.
6. The right of subrogation provided for in paragraph 5 of this Article may also
be exercised by a person other than those mentioned therein in respect of any amount
of compensation for pollution damage which he may have paid but only to the extent
that such subrogation is permitted under the applicable national law.
7. Where the owner or any other person establishes that he may be compelled
to pay at a later date in whole or in part any such amount of compensation, with
regard to which such person would have enjoyed a right of subrogation under
paragraphs 5 or 6 of this Article, had the compensation been paid before the fund
was distributed, the Court or other competent authority of the State where the fund
has been constituted may order that a sufficient sum shall be provisionally set aside
to enable such person at such later date to enforce his claim against the fund.
8. Claims in respect of expenses reasonably incurred or sacrifices reasonably
made by the owner voluntarily to prevent or minimize pollution damage shall rank
equally with other claims against the fund.
9. (a) The "unit of account" referred to in paragraph 1 of this Article is the
Special Drawing Right as defined by the International Monetary Fund. The amounts
mentioned in paragraph 1 shall be converted into the national currency of the State in
which the fund is being constituted on the basis of the value of that currency by
reference to the Special Drawing Right on the date of the constitution of the fund.
The value of the national currency, in terms of the Special Drawing Right, of a
Contracting State which is a member of the International Monetary Fund, shall be
calculated in accordance with the method of valuation applied by the International
Monetary Fund in effect at the date in question for its operations and transactions.
The value of the national currency, in terms of the Special Drawing Right, of a
Contracting State which is not a member of the International Monetary Fund, shall
be calculated in a manner determined by that State.
9. (b) Nevertheless, a Contracting State which is not a member of the
International Monetary Fund and whose law does not permit the application of the
provisions of paragraph 9 (a) of this article may, at the time of ratification,
acceptance, approval of or accession to the present Convention, or at any time
thereafter, declare that the limits of liability provided for in paragraph 1 to be
applied in its territory shall, in respect of any one incident, be an aggregate of 2,000
monetary units for each ton of the ship’s tonnage provided that this aggregate
amount shall not in any event exceed 210 million monetary units. The monetary unit
referred to in this paragraph corresponds to sixty-five and a half milligrammes of
gold of millisimal fineness nine hundred. The conversion of these amounts into the
national currency shall be made according to the law of the State concerned.
9. (c) The calculation mentioned in the last sentence of paragraph 9 (a) and the
conversion mentioned in paragraph 9 (b) shall be made in such a manner as to
express in the national currency of the Contracting State as far as possible the same
real value for the amounts in paragraph 1 as is expressed there in units of account.
Contracting States shall communicate to the depositary the manner of calculation
pursuant to paragraph 9 (a), or the result of the conversion in paragraph 9 (b) as the
case may be, when depositing an instrument referred to in Article IV and whenever
there is a change in either.
10. For the purpose of this Article the ship’s tonnage shall be the net tonnage of
the ship with the addition of the amount deducted from the gross tonnage on account
of engine room space for the purpose of ascertaining the net tonnage. In the case of a
    RESPONSABBILTA CIVILIUKUMPENS
8      KAP. 351.h    GHALTINGISMIZ-ZEJT
ship which cannot be measured in accordance with the normal rules of tonnage
measurement, the ship’s tonnage shall be deemed to be 40 per cent of the weight in
tons (of 2,240 lbs.) of oil which the ship is capable of carrying.
11. The insurer or other person providing financial security shall be entitled to
constitute a fund in accordance with this Article on the same conditions and having
the same effect as if it were constituted by the owner. Such a fund may be
constituted even in the event of the actual fault or privity of the owner but its
constitution shall in that case not prejudice the rights of any claimant against the
owner.
Article VI
1. Where the owner, after an incident, has constituted a fund in accordance
with Article V, and is entitled to limit his liability,
(a) no person having a claim for pollution damage arising out of that
incident shall be entitled to exercise any right against any other assets of
the owner in respect of such claim;
(b) the Court or other competent authority of any Contracting State shall
order the release of any ship or other property belonging to the owner
which has been arrested in respect of a claim for pollution damage
arising out of that incident, and shall similarly release any bail or other
security furnished to avoid such arrest.
2. The foregoing shall, however, only apply if the claimant has access to the
Court administering the fund and the fund is actually available in respect of his
claim. 
Article VII
1. The owner of a ship registered in a Contracting State and carrying more than
2,000 tons of oil in bulk as cargo shall be required to maintain insurance or other
financial security, such as the guarantee of a bank or a certificate delivered by an
international compensation fund, in the sums fixed by applying the limits of liability
prescribed in Article V, paragraph 1 to cover his liability for pollution damage under
this Convention.
2. A certificate attesting that insurance or other financial security is in force in
accordance with the provisions of this Convention shall be issued to each ship. It
shall be issued or certified by the appropriate authority of the State of the ship’s
registry after determining that the requirements of paragraph 1 of this Article have
been complied with. This certificate shall be in the form of the annexed model and
shall contain the following particulars:
(a) name of ship and port of registration;
(b) name and principal place of business of owner; 
(c) type of security;
(d) name and principal place of business of insurer or other person giving
security and, where appropriate, place of business where the insurance
or security is established;
(e) period of validity of certificate which shall not be longer than the period
of validity of the insurance or other security.
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT gKAP. 351.   9
3. The certificate shall be in the official language or languages of the issuing
State. If the language used is neither English nor French, the text shall include a
translation into one of these languages.
4. The certificate shall be carried on board the ship and a copy shall be
deposited with the authorities who keep the record of the ship’s registry.
5. An insurance or other financial security shall not satisfy the requirements of
this Article if it can cease, for reasons other than the expiry of the period of validity
of the insurance or security specified in the certificate under paragraph 2 of this
Article, before three months have elapsed from the date on which notice of its
termination is given to the authorities referred to in paragraph 4 of this Article,
unless the certificate has been surrendered to these authorities or a new certificate
has been issued within the said period. The foregoing provisions shall similarly
apply to any modification which results in the insurance or security no longer
satisfying the requirements of this Article.
6. The State of registry shall, subject to the provisions of this Article,
determine the conditions of issue and validity of the certificate.
7. Certificates issued or certified under the authority of a Contracting State
shall be accepted by other Contracting States for the purposes of this convention and
shall be regarded by other Contracting States as having the same force as certificates
issued or certified by them. A Contracting State may at any time request consultation
with the State of a ship’s registry should it believe that the insurer or guarantor
named in the certificate is not financially capable of meeting the obligations imposed
by this Convention.
8. Any claim for compensation for pollution damage may be brought directly
against the insurer or other person providing financial security for the owner’s
liability for pollution damage. In such case the defendant may, irrespective of the
actual fault or privity of the owner, avail himself of the limits of liability prescribed
in Article V, paragraph 1. He may further avail himself of the defences (other than
the bankruptcy or winding up of the owner) which the owner himself would have
been entitled to invoke. Furthermore, the defendant may avail himself of the defence
that the pollution damage resulted from the wilful misconduct of the owner himself,
but the defendant shall not avail himself of any other defence which he might have
been entitled to invoke in proceedings brought by the owner against him. The
defendant shall in any event have the right to require the owner to be joined in the
proceedings.
9. Any sums provided by insurance or by other financial security maintained in
accordance with paragraph 1 of this Article shall be available exclusively for the
satisfaction of claims under this Convention.
10. A Contracting State shall not permit a ship under its flag to which this
Article applies to trade unless a certificate has been issued under paragraph 2 or 12
of this Article.
11. Subject to the provisions of this Article, each Contracting State shall ensure,
under its national legislation, that insurance or other security to the extent specified
in paragraph 1 of this Article is in force in respect of any ship, wherever registered,
entering or leaving a port in its territory, or arriving at or leaving an off-shore
terminal in its territorial sea, if the ship actually carries more than 2,000 tons of oil
in bulk as cargo.
12. If insurance or other financial security is not maintained in respect of a ship
owned by a Contracting State, the provisions of this Article relating thereto shall not
be applicable to such ship, but the ship shall carry a certificate issued by the
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10      KAP. 351.h    GHALTINGISMIZ-ZEJT
appropriate authorities of the State of the ship’s registry stating that the ship is
owned by that State and that the ship’s liability is covered within the limits
prescribed by Article V, paragraph 1. Such a certificate shall follow as closely as
practicable the model prescribed by paragraph 2 of this Article.
Article VIII
Rights of compensation under this Convention shall be extinguished unless an
action is brought thereunder within three years from the date when the damage
occurred. However, in no case shall an action be brought after six years from the
date of the incident which caused the damage. Where this incident consists of a
series of occurrences, the six years’ period shall run from the date of the first such
occurrence.
Article IX
1. Where an incident has caused pollution damage in the territory including the
territorial sea of one or more Contracting States, or preventive measures have been
taken to prevent or minimize pollution damage in such territory including the
territorial sea, actions for compensation may only be brought in the Courts of any
such Contracting State or States. Reasonable notice of any such action shall be given
to the defendant.
2. Each Contracting State shall ensure that its Courts possess the necessary
jurisdiction to entertain such actions for compensation.
3. After the fund has been constituted in accordance with Article V the Courts
of the State in which the fund is constituted shall be exclusively competent to
determine all matters relating to the appointment and distribution of the fund.
Article X
1. Any judgement given by a Court with jurisdiction in accordance with Article
IX which is enforceable in the State of origin where it is no longer subject to
ordinary forms of review, shall be recognized in any Contracting State, except:
(a) where the judgment was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a fair
opportunity to present his case.
2. A judgment recognized under paragraph 1 of this Article shall be
enforceable in each Contracting State as soon as the formalities required in that State
have been complied with. The formalities shall not permit the merits of the case to
be re-opened.
Article XI
1. The provisions of this Convention shall not apply to warships or other ships
owned or operated by a State and used for the time being, only on Government non-
commercial service.
2. With respect to ships owned by a Contracting State and used for commercial
purposes, each State shall be subject to suit in the jurisdictions set forth in Article IX
and shall waive all defences based on its status as a sovereign State.
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT g K AP. 351.
IT-TIENI SKEDA 
(Artikoli 5 u 8)
Text of articles 1 to 15 of the 1971 International Convention on the 
Establishment of an International Fund for Compensation for Oil Pollution 
Damage
General Provisions 
Article 1
For the purposes of this Convention:
1. "Liability Convention" means the International Convention on Civil
Liability for Oil Pollution Damage, adopted at Brussels on 29 November 1969.
2. "Ship", "Person", "Owner", "Oil", "Pollution Damage", "Preventive
Measures", "Incident" and "Organization", have the same meaning as in Article I of
the Liability Convention, provided however that, for the purposes of these terms,
"oil" shall be confined to persistent hydrocarbon mineral oils.
3. "Contributing Oil" means crude oil and fuel oil as defined in sub-paragraphs
(a) and (b) below:
(a) "Crude Oil" means any liquid hydrocarbon mixture occurring naturally
in the earth whether or not treated to render it suitable for
transportation. It also includes crude oils from which certain distillate
fractions have been removed (sometimes referred to as "topped crudes")
or to which certain distillate fractions have been added (sometimes
referred to as "spiked" or "reconstituted" crudes).
(b) "Fuel Oil" means heavy distillates or residues from crude oil or blends
of such materials intended for use as a fuel for the production of heat or
power of a quality equivalent to the "American Society for Testing and
Materials’ Specification for Number Four Fuel Oil (Designation D 396-
69)", or heavier.
4. "Unit of Account" or "Monetary Unit" means the unit of account or
monetary unit as the case may be, referred to in Article V of the Liability
Convention, as amended by the protocol thereto adopted on 19 November 1976.
5. "Ship’s tonnage" has the same meaning as in Article V, paragraph 10, of the
Liability Convention.
6. "Ton", in relation to oil, means a metric ton.
7. "Guarantor" means any person providing insurance or other financial
security to cover an owner’s liability in pursuance of Article VII, paragraph 1, of the
Liability Convention.
8. "Terminal Installation" means any site for the storage of oil in bulk which is
capable of receiving oil from waterborne transportation, including any facility
situated off-shore and linked to such site.
9. Where an incident consists of a series of occurrences, it shall be treated as
having occurred on the date of the first such occurrence.
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12      KAP. 351.h    GHALTINGISMIZ-ZEJT
Article 2
1. An International Fund for compensation for pollution damage, to be named
"The International Oil Pollution Compensation Fund" and hereinafter referred to as
"The Fund", is hereby established with the following aims:
(a) to provide compensation for pollution damage to the extent that the
protection afforded by the Liability Convention is inadequate;
(b) to give relief to shipowners in respect of the additional financial burden
imposed on them by the Liability Convention, such relief being subject
to conditions designed to ensure compliance with safety at sea and other
conventions;
(c) to give effect to the related purposes set out in this Convention.
2. The fund shall in each Contracting State be recognized as a legal person
capable under the laws of that State of assuming rights and obligations and of being
a party in legal proceedings before the courts of that State. Each Contracting State
shall recognize the Director of the Fund (hereinafter referred to as "The Director") as
the legal representative of the Fund.
Article 3 
This Convention shall apply:
1. With regard to compensation according to Article 4, exclusively to pollution
damage caused on the territory including the territorial sea of a Contracting State,
and to preventive measures taken to prevent or minimize such damage;
2. With regard to indemnification of shipowners and their guarantors according
to Article 5, exclusively in respect of pollution damage caused on the territory,
including the territorial sea, of a State Party to the Liability Convention by a ship
registered in or flying the flag of a Contracting State and in respect of preventive
measures taken to prevent or minimize such damage.
Compensation and indemnification 
Article 4
1. For the purpose of fulfilling its function under Article 2, paragraph 1(a), the
Fund shall pay compensation to any person suffering pollution damage if such
person has been unable to obtain full and adequate compensation for the damage
under the terms of the Liability Convention,
(a) because no liability for the damage arises under the Liability
Convention;
(b) because the owner liable for the damage under the Liability Convention
is financially incapable of meeting his obligations in full and any
financial security that may be provided under Article VII of that
Convention does not cover or is insufficient to satisfy the claims for
compensation for the damage; an owner being treated as financially
incapable of meeting his obligations and a financial security being
treated as insufficient if the person suffering the damage has been
unable to obtain full satisfaction of the amount of compensation due
under the Liability Convention after having taken all reasonable steps to
pursue the legal remedies available to him;
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT g K AP. 351.
(c) because the damage exceeds the owner’s liability under the Liability
Convention as limited pursuant to Article V, paragraph 1, of that
Convention or under the terms of any other international Convention in
force or open for signature, ratification or accession at the date of this
Convention.
Expenses reasonably incurred or sacrifices reasonably made by the owner
voluntarily to prevent or minimize pollution damage shall be treated as pollution
damage for the purposes of this Article.
2. The Fund shall incur no obligation under the preceding paragraph if:
(a) it proves that the pollution damage resulted from an act of war,
hostilities, civil war or insurrection or was caused by oil which has
escaped or been discharged from a warship or other ship owned or
operated by a State and used, at the time of the incident only on
Government non-commercial service; or
(b) the claimant cannot prove that the damage resulted from an incident
involving one or more ships.
3. If the Fund 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 Fund may be
exonerated wholly or partially from its obligation to pay compensation to such
person provided, however, that there shall be no such exoneration with regard to
such preventive measures which are compensated under paragraph 1. The Fund shall
in any event be exonerated to the extent that the shipowner may have been
exonerated under Article III, paragraph 3, of the Liability Convention.
4. (a) Except as otherwise provided in sub-paragraph (b) of this paragraph the
aggregate amount of compensation payable by the Fund under this Article shall in
respect of any one incident be limited, so that the total sum of that amount and the
amount of compensation actually paid under the Liability Convention for pollution
damage caused in the territory of the Contracting States, including any sums in
respect of which the Fund is under an obligation to indemnify the owner pursuant to
Article 5, paragraph 1, of this Convention, shall not exceed 30 million units of
account or 450 million monetary units.
(b)The aggregate amount of compensation payable by the Fund under this
Article for pollution damage resulting from a natural phenomenon of an exceptional,
inevitable and irresistible character shall not exceed 30 million units of account or
450 million monetary units.
5. Where the amount of established claims against the Fund exceeds the
aggregate amount of compensation payable under paragraph 4, the amount available
shall be distributed in such a manner that the proportion between any established
claim and the amount of compensation actually recovered by the claimant under the
Liability Convention and this Convention shall be the same for all claimants.
6. The Assembly of the Fund (hereinafter referred to as "the Assembly") may,
having regard to the experience of incidents which have occurred and in particular
the amount of damage resulting therefrom and to changes in the monetary values,
decide that the amount of 30 million units of account or 450 million monetary units
referred to in paragraph 4, sub-paragraphs (a) and (b), shall be changed; provided,
however, that this amount shall in no case exceed 60 million units of account or 900
million monetary units or be lower than 30 million units of account or 450 million
monetary units. The changed amount shall apply to incidents which occur after the
date of the decision effecting the change.
    RESPONSABBILTA CIVILIUKUMPENS
14      KAP. 351.h    GHALTINGISMIZ-ZEJT
7. The Fund shall, at the request of a Contracting State, use its good offices as
necessary to assist that State to secure promptly such personnel, material and
services as are necessary to enable the State to take measures to prevent or mitigate
pollution damage arising from an incident in respect of which the Fund may be
called upon to pay compensation under this Convention.
8. The Fund may on conditions to be laid down in the Internal Regulations
provide credit facilities with a view to the taking of preventive measures against
pollution damage arising from a particular incident in respect of which the Fund may
be called upon to pay compensation under this Convention.
Article 5
1. For the purpose of fulfilling its function under Article 2, paragraph 1(b), the
Fund shall indemnify the owner and his guarantor for that portion of the aggregate
amount of liability under the Liability Convention which:
(a) is in excess of an amount equivalent to 100 units of account or 1,500
monetary units for each ton of the ship’s tonnage or of an amount of
8,333,000 units of account or 125 million monetary units, whichever is
the less, and
(b) is not in excess of an amount equivalent to 133 units of account or 2,000
monetary units for each ton of the said tonnage or an amount of 14
million units of account or 210 million monetary units, whichever is the
less, provided, however, that the Fund shall incur no obligation under
this paragraph where the pollution damage resulted from the wilful
misconduct of the owner himself.
2. The Assembly may decide that the Fund shall, on conditions to be laid down
in the Internal Regulations, assume the obligations of a guarantor in respect of ship
referred to in Article 3, paragraph 2, with regard to the portion of liability referred to
in paragraph 1 of this Article. However, the Fund shall assume such obligations only
if the owner so requests and if he maintains adequate insurance or other financial
security covering the owner’s liability under the Liability Convention up to an
amount equivalent to 100 units of account or 1,500 monetary units for each ton of
the ship’s tonnage or an amount of 8,333,000 units of account or 125 million
monetary units, whichever is the less. If the Fund assumes such obligations, the
owner shall in each Contracting State be considered to have complied with Article
VII of the Liability Convention in respect of the portion of his liability mentioned
above.
3. The Fund may be exonerated wholly or partially from its obligations under
paragraph 1 towards the owner and his guarantor if the Fund proves that as a result
of the actual fault or privity of the owner:
(a) the ship from which the oil causing the pollution damage escaped did
not comply with the requirements laid down in:
(i) the International Convention for the Prevention of Pollution of the
Sea by Oil, 1954, as amended in 1962; or
(ii) the International Convention for the Safety of Life at Sea, 1960;
or 
(iii) the International Convention on Load Lines, 1966; or
(iv) the International Regulations for Preventing Collisions at Sea,
1960; or
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT g K AP. 351.
(v) any amendments to the above-mentioned Conventions which have
been determined as being of an important nature in accordance
with Article XVI(5) of the Convention mentioned under (i),
Article IX(e) of the Convention mentioned under (ii) or Article
29(3)(d)  or (4)(d) of the Convention mentioned under (iii),
provided, however, that such amendments had been in force for at
least twelve months at the time of the incident;
and 
(b) the incident or damage was caused wholly or partially by such non-
compliance.
The provisions of this paragraph shall apply irrespective of whether the
Contracting State in which the ship was registered or whose flag it was flying is a
Party to the relevant Instrument.
4. Upon the entry into force of a new Convention designed to replace, in whole
or in part, any of the Instruments specified in paragraph 3, the Assembly may decide
at least six months in advance a date on which the new Convention will replace such
Instrument or part thereof for the purpose of paragraph 3. However, any State Party
to this Convention may declare to the Director before that date that it does not accept
such replacement; in which case the decision of the Assembly shall have no effect in
respect of a ship registered in, or flying the flag of, that State at the time of the
incident. Such a declaration may be withdrawn at any later date and shall in any
event cease to have effect when the State in question becomes a Party to such new
Convention.
5. A ship complying with the requirements in an amendment to an Instrument
specified in paragraph 3 or with requirements in a new Convention, where the
amendment or Convention is designed to replace in whole or in part such Instrument
shall be considered as complying with the requirements in the said Instrument for the
purposes of paragraph 3.
6. Where the Fund, acting as a guarantor by virtue of paragraph 2, has paid
compensation for pollution damage in accordance with the Liability Convention, it
shall have a right of recovery from the owner if and to the extent that the Fund would
have been exonerated pursuant to paragraph 3 from its obligations under paragraph 1
to indemnify the owner.
7. Expenses reasonably incurred and sacrifices reasonably made by the owner
voluntarily to prevent or minimize pollution damage shall be treated as included in
the owner’s liability for the purposes of this Article.
Article 6
1. Rights to compensation under article 4 or indemnification under Article 5
shall be extinguished unless an action is brought thereunder or a notification has
been made pursuant to Article 7, paragraph 6, within three years from the date when
the damage occurred. However, in no case shall an action be brought after six years
from the date of the incident which caused the damage.
2. Notwithstanding paragraph 1, the right of the owner or his guarantor to seek
indemnification from the Fund pursuant to Article 5, paragraph 1, shall in no case be
extinguished before the expiry of a period of six months as from the date on which
the owner or his guarantor acquired knowledge of the bringing of an action against
him under the Liability Convention.
    RESPONSABBILTA CIVILIUKUMPENS
16      KAP. 351.h    GHALTINGISMIZ-ZEJT
Article 7
1. Subject to the subsequent provisions of this Article, any action against the
Fund for compensation under Article 4 or indemnification under Article 5 of this
Convention shall be brought only before a court competent under Article IX of the
Liability Convention in respect of actions against the owner who is or who would,
but for the provisions of Article III, paragraph 2, of that Convention, have been
liable for pollution damage caused by the relevant incident.
2. Each Contracting State shall ensure that its courts possess the necessary
jurisdiction to entertain such actions against the Fund as are referred to in paragraph
1.
3. Where an action for compensation for pollution damage has been brought
before a court competent under Article IX of the Liability Convention against the
owner of a ship or his guarantor, such court shall have exclusive jurisdictional
competence over any action against the Fund for compensation or indemnification
under the provisions of Article 4 or 5 of this Convention in respect of the same
damage. However, where an action for compensation for pollution damage under the
Liability Convention has been brought before a court in a State Party to the Liability
Convention but not to this Convention, any action against the Fund under Article 4
or under Article 5, paragraph l, of this Convention shall at the option of the claimant
be brought either before a court of the State where the Fund has its headquarters or
before any court of a State Party to this Convention competent under Article IX of
the Liability Convention.
4. Each Contracting State shall ensure that the Fund shall have the right to
intervene as a party to any legal proceedings instituted in accordance with Article IX
of the Liability Convention before a competent court of that State against the owner
of a ship or his guarantor.
5. Except as otherwise provided in paragraph 6, the Fund shall not be bound by
any judgment or decision in proceedings to which it has not been a party or by any
settlement to which it is not a party. 
6. Without prejudice to the provisions of paragraph 4, where an action under
the Liability Convention for compensation for pollution damage has been brought
against an owner or his guarantor before a competent court in a Contracting State,
each party to the proceedings shall be entitled under the national law of that State to
notify the Fund of the proceedings. Where such notification has been made in
accordance with the formalities required by the law of the court seized and in such
time and in such a manner that the Fund has in fact been in a position effectively to
intervene as a party to the proceedings, any judgment rendered by the court in such
proceedings shall, after it has become final and enforceable in the State where the
judgement was given, become binding upon the Fund in the sense that the facts and
findings in that judgment may not be disputed by the Fund even if the Fund has not
actually intervened in the proceedings.
Article 8
Subject to any decision concerning the distribution referred to in Article 4,
paragraph 5, any judgement given against the Fund by a court having jurisdiction in
accordance with Article 7, paragraphs 1 and 3, shall, when it has become enforceable
in the State of Origin and is in that State no longer subject to ordinary forms of
review, be recognized and enforceable in each Contracting State on the same
conditions as are prescribed in Article X of the Liability Convention.
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT g K AP. 351.
Article 9
1. Subject to the provisions of Article 5, the Fund shall, in respect of any
amount of compensation for pollution damage paid by the Fund in accordance with
Article 4, paragraph 1, of this Convention, acquire by subrogation the rights that the
person so compensated may enjoy under the Liability Convention against the owner
or his guarantor.
2. Nothing in this Convention shall prejudice any right of recourse of
subrogation of the Fund against persons other than those referred to in the preceding
paragraph. In any event the right of the Fund to subrogation against such person
shall not be less favourable than that of an insurer of the person to whom
compensation or indemnification has been paid.
3. Without prejudice to any other rights of subrogation or recourse against the
Fund which may exist, a Contracting State or agency thereof which has paid
compensation for pollution damage in accordance with provisions of national law
shall acquire by subrogation the rights which the person so compensated would have
enjoyed under this Convention.
Contributions 
Article 10
1. Contributions to the Fund shall be made in respect of each Contracting State
by any person who, in the calendar year referred to in Article 11, paragraph 1, as
regards initial contributions and in Article 12, paragraphs 2 (a) or (b), as regards
annual contributions, has received in total quantities exceeding 150,000 tons:
(a) in the ports or terminal installations in the territory of that State
contributing oil carried by sea to such ports or terminal installations;
and
(b) in any installations situated in the territory of that Contracting State
contributing oil which has been carried by sea and discharged in a port
or terminal installation of a non-Contracting State, provided that
contributing oil shall only be taken into account by virtue of this sub-
paragraph on first receipt in a Contracting State after its discharge in
that non-Contracting State.
2. (a)For the purposes of paragraph 1, where the quantity of contributing oil
received in the territory of a Contracting State by any person in a calendar year when
aggregated with the quantity of contributing oil received in the same Contracting
State in that year by any associated person or persons exceeds 150,000 tons, such
person shall pay contributions in respect of the actual quantity received by him
notwithstanding that quantity did not exceed 150,000 tons.
(b)"Associated person" means any subsidiary or commonly controlled
entity. The question whether a person comes within this definition shall be
determined by the national law of the State concerned.
Article 11
1. In respect of each Contracting State initial contributions shall be made of an
amount which shall for each person referred to in Article 10 be calculated on the
basis of a fixed sum for each ton of contributing oil received by him during the
calendar year preceding that in which this Convention entered into force for that
    RESPONSABBILTA CIVILIUKUMPENS
18      KAP. 351.h    GHALTINGISMIZ-ZEJT
State.
2. The sum referred to in paragraph 1 shall be determined by the Assembly
within two months after the entry into force of this Convention. In performing this
function the Assembly shall, to the extent possible, fix the sum in such a way that the
total amount of initial contributions would, if contributions were to be made in
respect of 90 per cent of the quantities of contributing oil carried by sea in the world,
equal 5 million units of account or 75 million monetary units.
3. The initial contributions shall in respect of each Contracting State be paid
within three months following the date at which the Convention entered into force
for that State.
Article 12
1. With a view to assessing for each person referred to in Article 10 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 or 5,
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 15 million monetary units;
(c) payments to be made by the Fund in the relevant year for the
satisfaction of claims against the Fund due under Article 4 or 5,
including repayments 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 is in excess of 1 million units
of account or 15 million monetary units;
(ii) Income
(a) surplus funds from operations in preceding years, including any
interest; 
(b) initial contributions to be paid in the course of the year;
(c) annual contributions, if required to balance the budget; 
(d) any other income.
2. For each person referred to in Article 10 the amount of his annual
contribution shall be determined by the Assembly and shall be calculated in respect
of each Contracting State:
(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
RESPONSABBILTA CIVILIUKUMPENS
 GHALTINGISMIZ-ZEJT g K AP. 351.
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 Assembly shall decide the portion of the annual contribution which
shall be immediately paid in cash and decide on the date of payment. The remaining
part of each annual contribution shall be paid upon notification by the Director.
5. The Director may, in cases and in accordance with conditions to be laid
down in the Internal Regulations of the Fund, require a contributor to provide
financial security for the sums due from him.
6. Any demand for payments made under paragraph 4 shall be called rateably
from all individual contributors.
Article 13
1. The amount of any contribution due under Article 12 and which is in arrear
shall bear interest at a rate which shall be determined by the Assembly for each
calendar year provided that different rates may be fixed for different circumstances.
2. Each Contracting State shall ensure that any obligation to contribute to the
Fund arising under this Convention in respect of oil received within the territory of
that State is fulfilled and shall take any appropriate measures under its law,
including the imposing of such sanctions as it may deem necessary, with a view to
the effective execution of any such obligation; provided, however, that such
measures shall only be directed against those persons who are under an obligation to
contribute to the Fund.
3. Where a person who is liable in accordance with the provisions of Articles
10 and 11 to make contributions to the Fund does not fulfil his obligations in respect
of any such contribution or any part thereof and is in arrear for a period exceeding
three months, the Director shall take all appropriate action against such person on
behalf of the Fund with a view to the recovery of the amount due. However, where
the defaulting contributor is manifestly insolvent or the circumstances otherwise so
warrant, the Assembly may, upon recommendation of the Director, decide that no
action shall be taken or continued against the contributor.
Article 14
1. Each Contracting State may at the time when it deposits its instrument of
ratification or accession or at any time thereafter declare that it assumes itself
obligations that are incumbent under this Convention on any person who is liable to
contribute to the Fund in accordance with Article 10, paragraph 1, in respect of oil
received within the territory of that State. Such declaration shall be made in writing
and shall specify which obligations are assumed.
2. Where a declaration under paragraph 1 is made prior to the entry into force
of this Convention in accordance with Article 40, it shall be deposited with the
Secretary General of the Organization who shall after the entry into force of the
Convention communicate the declaration to the Director.
3. A declaration under paragraph 1 which is made after the entry into force of
    RESPONSABBILTA CIVILIUKUMPENS
20      KAP. 351.h    GHALTINGISMIZ-ZEJT
this Convention shall be deposited with the Director.
4. A declaration made in accordance with this Article may be withdrawn by the
relevant State giving notice thereof in writing to the Director. Such notification shall
take effect three months after the Director’s receipt thereof.
5. Any State which is bound by a declaration made under this Article shall, in
any proceedings brought against it before a competent court in respect of any
obligation specified in the declaration, waive any immunity that it would otherwise
be entitled to invoke.
Article 15
1. Each Contracting State shall ensure that any person who receives
contributing oil within its territory in such quantities that he is liable to contribute to
the Fund appears on a list to be established and kept up to date by the Director in
accordance with the subsequent provisions of this Article.
2. For the purposes set out in paragraph 1, each Contracting State shall
communicate, at a time and in the manner to be prescribed in the Internal
Regulations, to the Director the name and address of any person who in respect of
that State is liable to contribute to the Fund pursuant to Article 10, as well as data on
the relevant quantities of contributing oil received by any such person during the
preceding calendar year.
3. For the purposes of ascertaining who are, at any given time, the persons
liable to contribute to the Fund in accordance with Article 10, paragraph 1, and of
establishing, where applicable, the quantities of oil to be taken into account for any
such persons when determining the amount of his contribution, the list shall be
prima facie evidence of the facts stated therein.
