Act on the Oil Pollution Compensation Fund (No. 379 of 1974)

No. 379 ACT ON THE OIL POLLUTION COMPENSATION FUND May 24, 1974 Section l (6,9.1985/741) There shall be an Oil Pollution Compensation Fund outside the State budget for the compensation of oil pollution and the cost of combating it as referred to in the Act on Combating Oil Pollution on Land (378/74) and the Act on the Prevention of Pollution from Ships (300/79). The Fund shall be administered by the Ministry of the Environment. The Oil PoUution Compensation Fund board of management referred to below shall decide on compensations to be paid om of the Fund. Section 2 An oil pnllution protection charge of FIM 2.20 per full tonne of oil imported into and transported through Finland shall be deposited in the Fund. A double charge shall be collected if the oil h; transported in a tanker vessel not fined with a double bottom over the entire cargo hold. (22.12.1989/ 1287) Oil as referred to in this Act means all liquid products covered by customs tariff titles 27 .07, 27 .09 and 27 .10. (22.12.1989/ 1287) Whosoever declares the oil for customs clearance shall be responsible for paying the oil pollution protection charge on imported oil. (7.5 .1982/335) The holder of the goods shall be liable for paying the oil pollution protection charge on oil transported through Finland. Whosoever declare8 transit oil for customs clearance on behalf of the holder of the goods shall bear the same liability. (7 .5.1982/355) The relevant parts of the legal provisions on customs duties shall apply regarding determination of the oil pollution protection charge and its payment, appeal, and in other respects. Whenever it is unclear whether the charge should be doubled, the customs authority shall obtain an opinion from the relevant navigation district before deciding the matter. The National Board of Navigation shall issue more detailed regulations on when a tanker vessel can be considered to have the double bottom referred to in paragraph I. Section 3 (22,12.1989/1287) Collection of the oil pollution protection charge shall end at the close of the calendar month following that in which the capital in the Oil Pollution Compensation Fund reaches the sum of twenty million Finnish marks. Collection shall recommence at the end of the calendar month following that in which the capital in the Fund fails belciw the sum of ten million Finnish marks. Section 4 If the assets in lhe Oil Pollution Compensation Fund are insufficient to make the compensations payable out of the Fund, the necessary monies can be transferred to the Fund via the State budget. When sufficient assets have accumulated via the Fund, the monies provided by the State shall be repaid into the treasury. Section 5 (6.9.1985/741) Compensation shall be granted out of the Oil Pollution Compensation Fund to parties who have suffered oil pollution and to cover the costs and losses !aid down as coverable in section 5, paragraph 4, section 7, paragraph 3, and section 8, paragraph 3, of the Act on Combating Oil Pollution on Land, and section 12, paragraph 4, section 18, paragraph 3, section I 9, paragraph 3, and section 19a, paragraph 2, of the Act on the Prevention of Pollution from Ships. What is provided above in this paragraph shall also apply to oil pollution occurring in the territory of the Province of Aland. Local authorities shall be paid full compensation for the cost of acquiring oil-combating equipment and maintaining combat readiness, depending on the oil-combating utilization rate according to a ratified oil-combating plan. Local author ities shall, however, only be paid compensation when the sum to be covered at any one time exceeds FIM 1,000. The maximum sum covered for the acquisition of oil-combating equipment i5 FIM 500,000, un\c5s the Oil Pollution Compen" sat ion Fund board of management has approved the purchase in advance. (22.12.1989/1287) In cases referred to in paragraph I, in which the Stale is entitled to compensation from the Oil Pollution Compensation Fund, ~aid compensation shall be paid on the same conditions as to local authorities. The State can also he granted compen sation to cover the costs of acquiring the oil-combating equipment and materials referred to in section 15, paragraph I, of the Act on the Prevention of Pollution from Ships. Compensation can be granted oul of the Oil Pollution Compensation Fund to cover the costs which derive or have derived from restoring nature and the environment to its condition before the oil pollution occurred, and the costs of acquiring the precautionary reception facilities referred to in section 16 of the Act on the Prevention of Pollution from Ships. Compensation shall not be paid to the party causing the pollution or in possession of the oil causing the pollution or threat of pollution at the moment of its occurrence, or on whose orders the oil was being transported when the pollution incident occurred. Section 6 When applications for compensation are being pro cc5Sed, attention must be paid to the immediate nuisance and pollution suffered by the applicant, and 10 considerations of harm 10 nl)Jme and r.JJvjronnic11t3J protection. outdoor recrea tion mul othet such aspects, insofar as this is considered necessary because of closeness to housing, actual use of the area or some other special cau~e. Similarly, the additional costs accruiJJg from lhe, combil!ing opr.rations to those involved in the response measures shall also be taken into account. Section 7 The right of a party receiving compensation from the Oil Pollution Cmnpens111ion Fund to compensalion from !he party responsible for the pollution shall pa~s to the State in respect of such compensation as ha~ been paid. Such monies as are collected by the State under para graph 1 shaU be returned to the Oil Pol/«1ion Compcnsalioll Fund, with any paid compensation remaining being borne by the Fund. If special cause exists, the Oil Pollution Compensation Fund board of management is entitled 11ot to collect compeus,1 Lion. (6.9. l 9&5n4 l) Section 8 (6,9,l98Sn41J State authorities, central organizations of local author ities, miture aud environmental prOfecfi()ll 01ganizations and the oil industry shall be represented on the board of manage ment of the Oil Pollution Compensation Fund as prov idc<l in more detail by decree. Section 9 The water and environment distrid office shall set up an inspection committee to prepare a report on an oil pollution incidelll if any of the parties involved so requests arnl 1he pollution is not clearly minor in nature or easily dealt with otherwise. An inspection committee shall also be set up if the Oil Pollution Compensation Fund board of management so requests. (6.9. i 985n 41) The National Board of Waters and the Environment shall appoint an expert to oversee oil pollution inspections at the office of each water and environment district. Section JO (6,9.1985/741) The costs of the Oil Pollution Compensation Fund board of management and of the inspection committees shall be bome by the Oil }'ollutio11 Compensation Fund. Section II (6.9.198Sn4IJ An Oil Pollution Compensation Fund board of manage melll decision 011 compensali rm as referred to in this Act may not be appealed, Willi lhe exccp1io11 of a decisio11 raken midcr section 5, paragraph 1. Section Ha (6.9.1985/741) In compensation matters, the provincial government of Aland may represen1 local au1horities. Section llb (24.8.1990/799) The penalties for illegal evasion of the oil pollution protection charge and for attempted evasion arc provided in chapter 29, sections 1-3, of the Penal Code. Section 12 More detailed regulations on the enforcement of this Act shall be laid down by decree. Section 13 This Act comes into force on January I, 1975. It repeals chapter 3 of the Act on Combating Oi 1 Pollution from Ships of September 22, l 972 (668/72). The provisio11s of this Act shall also be applied in /he case of oil pollution regarding which a compensation suit has been or could have been raised under provisions repealed by this Act. The assets of rl1e fund for oil pollution compe11sa1ion shall be transferred to the Oil Pollution Compensation Fund. ff inspection committees have been set up under the Act on Combating Oil Pollution from Ships, they shall complete their work and make !heir report to the oil pollution commit lees set up under 1his Act. Provisions on entry into force of amendments to the law: I. Act No. 335 of7.S. l 982 came illlo force on June I, 1982. 2. Act No. 934 of 14.12.1984 c; unc into force on Januruy I, 1985. 3. Act No, 741 of 6.9.1985 C\\me into force on Novem ber l, 1985. Nonetl1eless, compensations payable to local authorities out of the Oil Pollution Compensation Fund shall be made on the fonner basis if the application for compe=tion wa.~ made before January I, 1986. The compensations to the Sta.te referred to in section 5, paragraph 3, of thi~ Act shall be granted to cover costs arising after July I, l 984. 4. Act No. 1287 of 22.12.1989 came into force on January I, J 990, though the advance approval referred to in section 5, paragraph 2, above shall only be necessary for a purchase of oil fighting equipment costing over FIM 5(){),000 if the local authority ha~ put in the order after this Act come~ into force. 5. Act No. 799 of 24.8. J 990 came into force on fanuarv 1. 1991.