Resolução da Assembleia da República n.º 62/2015 - Diário da República n.º 113/2015, Série I de 2015-06-12
Resolução da Assembleia da República n.º 62/2015 Aprova a Convenção Internacional sobre a Responsabilidade Civil pelos Prejuízos por Poluição causada por Combustível de Bancas, adotada em Londres, em 23 de março de 2001 A Assembleia da República resolve, nos termos da alínea
i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar a Convenção Internacional sobre a Responsabilidade Civil pelos Prejuízos por Poluição causada por Combustível de Bancas, adotada em Londres, em 23 de março de 2001, cujo texto, na versão autenticada em língua inglesa e respe- tiva tradução para língua portuguesa, se publica em anexo.
Aprovada em 2 de abril de 2015. A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE, 2001 The States Parties to this Convention: Recalling article 194 of the United Nations Convention on the Law of the Sea, 1982, which provides that States shall take all measures necessary to prevent, reduce and control pollution of the marine environment; Recalling also article 235 of that Convention, which provides that, with the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall co- operate in the further development of relevant rules of international law; Noting the success of the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an Inter- national Fund for Compensation for Oil Pollution Damage, 1992 in ensuring that compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil carried in bulk at sea by ships; Noting also the adoption of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 in order to provide adequate, prompt and effective compensation for damage caused by incidents in connection with the carriage by sea of hazardous and noxious substances; Recognising the importance of establishing strict lia- bility for all forms of oil pollution which is linked to an appropriate limitation of the level of that liability; Considering that complementary measures are necessary to ensure the payment of adequate, prompt and effective compensation for damage caused by pollution resulting from the escape or discharge of bunker oil from ships; Desiring to adopt uniform international rules and proce- dures for determining questions of liability and providing adequate compensation in such cases; have agreed as follows: Article 1 Definitions For the purposes of this Convention: 1) “Ship” means any seagoing vessel and seaborne craft, of any type whatsoever; 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) “Shipowner” means the owner, including the regis- tered owner, bareboat charterer, manager and operator of the ship; 4) “Registered 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, “registered owner” shall mean such company; 5) “Bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil; 6) “Civil Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as amended; 7) “Preventive measures” means any reasonable mea- sures taken by any person after an incident has occurred to prevent or minimise pollution damage; 8) “Incident” means any occurrence or series of oc- currences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage; 9) “Pollution damage” means: (a) loss or damage caused outside the ship by contami- nation resulting from the escape or discharge of bunker 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 mea- sures of reinstatement actually undertaken or to be un- dertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures; 10) “State of the ship’s registry” means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly; 11) “Gross tonnage” means gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex 1 of the International Convention on Tonnage Measurement of Ships, 1969; 12) “Organisation” means the International Maritime Organisation; 13) “Secretary -General” means the Secretary -General of the Organisation.
Article 2 Scope of application This Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a State Party, and (ii) in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured; (b) to preventive measures, wherever taken, to prevent or minimise such damage.
Article 3 Liability of the shipowner 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 accor- dance 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 ex- ceptional, inevitable and irresistible character; or (b) the damage was wholly caused by an act or omis- sion 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 naviga- tional 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 su- ffered 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 indepen- dently of this Convention.
Article 4 Exclusions 1 — This Convention shall not apply to pollution da- mage as defined in the Civil Liability Convention, whether or not compensation is payable in respect of it under that Convention. 2 — Except as provided in paragraph 3, the provisions of this Convention shall not apply to warships, naval auxi- liary or other ships owned or operated by a State and used, for the time being, only on Government non -commercial service. 3 — A State Party may decide to apply this Convention to its warships or other ships described in paragraph 2, in which case it shall notify the Secretary -General thereof specifying the terms and conditions of such applica- tion. 4 — With respect to ships owned by a State Party and used for commercial purposes, each State shall be subject to suit in the jurisdictions set forth in article 9 and shall waive all defences based on its status as a sovereign State.
Article 5 Incidents involving two or more ships When an incident involving two or more ships occurs and pollution damage results therefrom, the shipowners of all the ships concerned, unless exonerated under article 3, shall be jointly and severally liable for all such damage which is not reasonably separable.
Article 6 Limitation of liability Nothing in this Convention shall affect the right of the shipowner and the person or persons providing insurance or other financial security to limit liability under any ap- plicable national or international regime, such as the Con- vention on Limitation of Liability for Maritime Claims, 1976, as amended.
Article 7 Compulsory insurance or financial security 1 — The registered owner of a ship having a gross tonnage greater than 1000 registered in a State Party shall be required to maintain insurance or other finan- cial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the regis- tered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended. 2 — A certificate attesting that insurance or other finan- cial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have...
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