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Art.10 |
Article 10 |
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Art.10.1 |
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: |
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Art.10.1.a |
(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 |
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Art.10.1.b |
(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. |
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Art.10.2.a |
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 that quantity did not exceed 150,000 tons. |
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Art.10.2.b |
(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. |
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Art.11 |
Article 11 |
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Art.11.1 |
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 State. |
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Art.11.2 |
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 75 million francs. |
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Art.11.3 |
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. |
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Art.12 |
Article 12 |
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Art.12.1 |
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: |
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Art.12.1.i |
(i) Expenditure |
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Art.12.1.i.a |
(a) costs and expenses of the administration of the Fund in the relevant year and any deficit from operations in preceding years; |
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Art.12.1.i.b |
(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 15 million francs; |
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Art.12.1.i.c |
(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 15 million francs; |
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Art.12.1.ii |
(ii) Income |
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Art.12.1.ii.a |
(a) surplus funds from operations in preceding years, including any interest; |
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Art.12.1.ii.b |
(b) initial contributions to be paid in the course of the year; |
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Art.12.1.ii.c |
(c) annual contributions, if required to balance the budget; |
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Art.12.1.ii.d |
(d) any other income. |
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Art.12.2 |
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: |
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Art.12.2.a |
(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 |
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Art.12.2.b |
(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. |
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Art.12.3 |
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. |
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Art.12.4 |
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. |
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Art.12.5 |
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. |
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Art.12.6 |
6. Any demand for payments made under paragraph 4 shall be called rateably from all individual contributors. |
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Art.31 |
Article 31 |
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Art.31.1 |
1. Each Contracting State shall bear the salary, travel and other expenses of its own delegation to the Assembly and of its representatives on the Executive Committee and on subsidiary bodies. |
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Art.31.2 |
2. Any other expenses incurred in the operation of the Fund shall be borne by the Fund. |
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Sect.8 |
VOTING |
