LegalizeDecreto n.º 13/85
TEXTO :
Decreto do Governo n.º 13/85
de 21 de Junho
O Governo decreta, nos termos da alínea c) do n.º 1 do artigo 200.º da Constituição, o seguinte:
Artigo 1.º — É aprovada, para ratificação, a Convenção Internacional para a Constituição de Um Fundo Internacional para Compensação pelos Prejuízos Devidos à Poluição por Hidrocarbonetos, de 1971, cujo texto em inglês e respectiva tradução para português acompanham o presente decreto.
Art. 2.º É aprovado, para adesão, o Protocolo de 1976 à Convenção Internacional para a Constituição de Um Fundo Internacional para Compensação pelos Prejuízos Devidos à Poluição por Hidrocarbonetos, de 1971, cujo texto em inglês e respectiva tradução para português acompanham o presente decreto.
Visto e aprovado em Conselho de Ministros de 16 de Maio de 1985. - Mário Soares - Rui Manuel Parente Chancerelle de Machete - Jaime José Matos da Gama - Mário Ferreira Bastos Raposo - Ernâni Rodrigues Lopes - José Veiga Simão - José de Almeida Serra.
Assinado em 4 de Junho de 1985.
Publique-se.
O Presidente da República, ANTÓNIO RAMALHO EANES.
Referendado em 7 de Junho de 1985.
O Primeiro-Ministro, Mário Soares.
PROTOCOL TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, 1971.
The parties to the present Protocol,
Having considered the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 17 December 1971 (1),
have agreed as follows:
ARTICLE I
For the purpose of the present Protocol:
1) «Convention» means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971.
2) «Liability Convention» has the same meaning as in the Convention.
3) «Organization» has the same meaning as in the Convention.
4) «Secretary-General» means the Secretary-General of the Organisation.
ARTICLE II
Article 1 , paragraph 4, of the Convention is replaced by the following text:
«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 (ver nota 3), as amended by the Protocol thereto adopted on 19 November 1976 (ver nota 4).
(nota 3) Treatey series no. 106 (1975), Cmnd. 6183.
(nota 4) Miscellaneous no. 26 (1977), Cmnd. 7028.
ARTICLE III
The amounts referred to in the Convention shall wherever they appear be amended as follows:
In article 4:
450 million francs is replaced by 30 million units of account or 450 million monetary units;
ii) 900 million francs is replaced by 60 million units of account or 900 million monetary units;
In article 5:
1500 francs is replaced by 100 units of account or 1500 monetary units;
ii) 125 million francs is replaced by 8333000 units of account or 125 million monetary units;
iii) 2000 francs is replaced by 133 units of account or 2000 monetary units;
iv) 210 million francs is replaced by 14 million units of account or 210 million monetary units;
In article 11, 75 million francs is replaced by 5 million units of account or 75 million monetary units;
In article 12, 15 million francs is replaced by 1 million units of account or 15 million monetary units.
ARTICLE IV
1 - The present Protocol shall be open for signature by any State which has signed the Convention or acceded thereto and by any State invited to attend the Conference to Revise the Unit of Account Provisions in the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, held in London from 17 to 19 November 1976. The Protocol shall be open for signature from 1 February to 31 December 1977, at the headquarters of the Organization.
2 - Subject to paragraph 4 of this article, the present Protocol shall be subject to ratification, acceptance or approval by the States which have signed it.
3 - Subject to paragraph 4 of this article, this Protocol shall be open for accession by States which did not sign it.
4 - The present Protocol may be ratified, accepted, approved or acceded to by States Parties to the Convention.
ARTICLE V
1 - Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General.
2 - Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Protocol with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to all existing Parties shall be deemed to apply to the Protocol as modified by the amendment.
ARTICLE VI
1 - The present Protocol shall enter into force for the States which have ratified, accepted, approved or acceded to it on the ninetieth day following the date on which the following requirements are fulfilled:
At least eight States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General; and
The Secretary-General has received information in accordance with article 39 of the Convention that those persons in such States who would be liable to contribute pursuant to article 10 of the Convention have received during the preceding calendar year a total quantity of at least 750 million tons of contributing oil.
2 - However, the present Protocol shall not enter into force before the Convention has entered into force.
3 - For each State which subsequently ratifies, accepts, approves or accedes to it, the present Protocol shall enter into force on the ninetieth day after deposit by such State of the appropriate instrument.
ARTICLE VII
1 - The present Protocol may be denounced by any Party at any time after the date on which the Protocol enters into force for that Party.
2 - Denunciation shall be effected by the deposit of an instrument with the Secretary-General.
3 - Denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General.
ARTICLE VIII
1 - A conference for the purpose of revising or amending the present Protocol may be convened by the Organization.
2 - The Organization shall convene a conference of Parties to the present Protocol for the purpose of revising or amending it at the request of not less than one-third of the Parties.
ARTICLE IX
1 - The present Protocol shall be deposited with the Secretary-General.
2 - The Secretary-General shall:
Inform all States which have signed the present Protocol or acceded thereto of:
Each new signature or deposit of an instrument together with the date thereof;
ii) The date of entry into force of the present Protocol;
iii) The deposit of any instrument of denunciation of the present Protocol together with the date on which the denunciation takes effect;
iv) Any amendments to the present Protocol;
Transmit certified true copies of the present Protocol to all States which have signed the present Protocol or acceded thereto.
ARTICLE X
As soon as this Protocol enters into force, a certified true copy thereof shall be transmited by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with article 102 of the Charter of the United Nations.
ARTICLE XI
The present Protocol is established in a single original in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared by the Secretariat of the Organization and deposited with the signed original.
Done at London this nineteenth day of November one thousand nine hundred and seventy-six.
In witness whereof the undersigned being duly authorized for that purpose have signed the present Protocol.
United Kingdom, 20 May 1977.
International Convention on the Establishment of an international Fund for Compensation for Oil Pollution Damage (supplementary to the International Convention on Civil Liability for Oil Pollution Damage, 1969).
The States Parties to the present Convention,
Being Parties to the International Convention on Civil Liability for Oil Pollution Damage, adopted at Brusseles on 29 November 1969;
Conscious of the dangers of pollution posed by the world-wide 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;
Considering that the International Convention on Civil Liability for Oil Pollution Damage, of 29 November 1969, by providing a régime for compensation for pollution damage in Contracting States and for the costs of measures, wherever taken, to prevent or minimize such damage, represents a considerable progress towards the achievement of this aim;
Considering however that this régime does not afford full compensation for victims of oil pollution damage in all cases while it imposes an additional financial burden on shipowners;
Considering further that the economic consequences of oil pollution damage resulting from the escape or discharge of oil carried in bulk at sea by ships should not exclusively be borne by the shipping industry but should in part be borne by the oil cargo interests;
Convinced of the need to elaborate a compensation and indemnification system supplementary to the International Convention on Civil Liability for Oil Pollution Damage with a view to ensuring that full compensation will be available to victims of oil pollution incidents and that the shipowners are at the same time given relief in respect of the additional financial burdens imposed on them by the said Convention;
Taking note of the Resolution on the Establishment of an International Compensation Fund for Oil Pollution Damage, which was adopted on 29 November 1969 by the International Legal Conference on Marine Pollution Damage:
have agreed as follows:
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:
«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 curds») or to which certain distillate fractions have been added (sometimes referred to as «spiked» or «reconstituted curds»);
«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 - «Franc» means the unit referred to in article V, paragraph 9, of the Liability Convention.
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.
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:
To provide compensation for pollution damage to the extent that the protection afforded by the Liability Convention is inadequate;
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;
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 procedings 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, sub-paragraph 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:
Because no liability for the damage arises under the Liability Convention;
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;
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:
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
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:
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