loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken;
Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1992 (Aansprakelijkheidsverdrag 1992)
Geldig van 15 november 1997 tot 1 november 2003
Geldig van 15 november 1997 tot 1 november 2003
Internationaal Verdrag inzake de wettelijke aansprakelijkheid voor schade door verontreiniging door olie, 1992 (Aansprakelijkheidsverdrag 1992)
Opschrift
International Convention on Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention)
Preambule
The States Parties to the present Convention,
Conscious of the dangers of pollution posed by the worldwide maritime carriage of oil in bulk,
Convinced of the need to ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships,
Desiring to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation in such cases,
Have agreed als follows:
Article I
For the purposes of this Convention:
“Ship” means any sea-going vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard.
“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.
“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 ship's operator, “owner” shall mean such company.
“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.
“Oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship.
“Pollution damage” means:
- (a)
- (b)
the costs of preventive measures and further loss or damage caused by preventive measures.
- (a)
“Preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage.
“Incident” means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage.
“Organization” means the International Maritime Organization.
“1969 Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1969. For States Parties to the Protocol of 1976 to that Convention, the term shall be deemed to include the 1969 Liability Convention as amended by that Protocol.