Members Handbook 2002 - Centre d'InvestigaciÃ³ i ...

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normally charge a fee for providing Servicesto a Member but may do so from time to timewhen circumstances warrant at ITOPF’sdiscretion. It is a condition of entitlement toServices that a Member will agree to, andarrange for, the payment of such costs andfees when so requested by ITOPF.8. ITOPF reserves the right not to respondeither in whole or in part to any request byor on behalf of a Member for the provisionof Services whether because of a failure onthe part of the Member to meet a conditionset by ITOPF, or because of a lack ofavailable ITOPF staff capacity, or for anyreason which in ITOPF’s opinion mightadversely affect ITOPF, the safety of its staff,or the provision of the Services requested. Inthe case of competing demands for itsServices, ITOPF will normally give priority toits Members.9. To the extent permitted by law, ITOPF shallhave no liability to any Member or otherperson for any direct, indirect, special orconsequential loss, expenses and/or costsarising out of or in connection with theprovision of, or failure to provide, any Services.Note: Membership of ITOPF and payment of the relevant subscription referred to in paragraph 5 ofthese Terms and Conditions of Membership is normally arranged by a tanker owner’s P&I insurer. Thissubscription is currently calculated on the basis of 0.87 of a UK penny per gross ton of entered Tankers.Terms and Conditions of Associate Status(effective 20th February, 1999)1. Associate status of The InternationalTanker Owners Pollution FederationLimited (“ITOPF”) is subject to these Termsand Conditions, which apply to allAssociates of ITOPF as at 20th February,1999, and to all persons who thereafterbecome Associates. The Directors of ITOPFhave the right from time to time to add toor modify these Terms and Conditions.2. Associate status of ITOPF is availableonly to such persons as the Directors ofITOPF may determine being an owner ordemise charterer (“Owner”) of any shipother than a tanker (“Ship”). For thesepurposes “tanker” means any ship(whether or not self-propelled) designed,constructed or adapted for the carriageby water in bulk of crude petroleum,hydrocarbon products and any otherliquid substance.3. An Associate may be required tonotify ITOPF (or ensure that ITOPF isnotified) in writing from time to time ofthe name and tonnage of Ships of whichit is or becomes Owner and in respect ofwhich it wishes to be entitled to theservices of ITOPF. An Associate who isno longer the Owner of any Ship shallautomatically cease to be an Associateof ITOPF.4. Subject to these Terms and Conditions,an Associate has the right to requestITOPF to provide technical and otherservices, advice and information(“Services”) in relation to:a) a spill (or the threat thereof) from aShip, including on-site attendance togive technical advice with the aim ofeffecting an efficient responseoperation and mitigating anydamage;b) the technical assessment ofdamage caused by a spill from a Ship;47
c) the technical assessment of claimsfor compensation resulting from a spill(or the threat thereof) from a Ship;d) oil pollution contingency planning,response techniques and oil spill effects;e) oil spill training courses, drills,exercises and similar events; andf) the provision of such of ITOPF’spublications as are for generalcirculation and such other generalinformation and advice as is within thescope of ITOPF’s Services.5. ITOPF will charge each Associate anannual subscription to assist in meeting itsgeneral expenses. It is a condition ofentitlement to Services that the Associate’sITOPF subscription has been paid inrespect of the current year commencing20th February and for all prior periods ofAssociate status, either directly or byanother body on the Associate’s behalfand in respect of all Ships notifiedpursuant to paragraph 3 of which theAssociate is the Owner. If in a winding-upof ITOPF there remains any surplus whichis attributable to Associates’ subscriptions,that surplus shall be distributed amongAssociates in proportion to the amountssubscribed by them.6. Although under no obligation tosolicit or obtain such information, ITOPFreserves the right from time to time torequest any Associate or its insurer toprovide information satisfactory to ITOPFconcerning the Associate’s pollutionliability insurance cover. It is a conditionof entitlement to Services that anyAssociate or its insurer of which such arequest is made will duly comply.7. ITOPF reserves the right to recover costsincurred in respect of the provision of anyServices from an Associate on whosebehalf such costs are incurred. ITOPF willnot normally charge a fee for providingServices to an Associate but may do sofrom time to time when circumstanceswarrant at ITOPF’s discretion. It is acondition of entitlement to Services that anAssociate will agree to, and arrange for,the payment of such costs and fees whenso requested by ITOPF.8. ITOPF reserves the right not torespond either in whole or in part to anyrequest by or on behalf of an Associatefor the provision of Services whetherbecause of a failure on the part of theAssociate to meet a condition set byITOPF, or because of a lack of availableITOPF staff capacity, or for any reasonwhich in ITOPF’s opinion mightadversely affect ITOPF, the safety of itsstaff, or the provision of the Servicesrequested. In the case of competingdemands for Services, ITOPF willnormally give priority to its Members.9. To the extent permitted by law, ITOPFshall have no liability to any Associate orother person for any direct, indirect,special or consequential loss, expensesand/or costs arising out of or inconnection with the provision of, orfailure to provide, any Services.10. Notices to Associates may be givenin such manner as ITOPF may determineand shall be deemed given if given to anAssociate’s insurer or by way of pressadvertisement.Note: ITOPF Associate Status and payment of the relevant subscription referred to in paragraph 5 ofthese Terms and Conditions of Associate Status is normally arranged by a shipowner’s P&I insurer. Thissubscription is currently calculated on the basis of 0.35 of a UK penny per gross ton of entered ships.48
Page 1 and 2: THE INTERNATIONAL TANKER OWNERSPOLL
Page 3 and 4: ITOPF DirectorsDr H SohmenDr T H Mo
Page 5: In the Event of a Spill of OilorHaz
Page 8 and 9: have in-depth knowledge of theaffec
Page 10 and 11: Oil Spill StatisticsThe ITOPF datab
Page 12 and 13: Fate of Marine Oil SpillsWhen oil i
Page 14 and 15: CLASSIFICATION OF OILSACCORDING TO
Page 16 and 17: into the water column, where they a
Page 18 and 19: take its course. Experience around
Page 20 and 21: experienced technical and scientifi
Page 22 and 23: Effects of Marine Oil SpillsMarine
Page 24 and 25: Reduced catches of commercial fisha
Page 26 and 27: Fisheries and MaricultureAn oil spi
Page 28 and 29: limit of liability under the 1992 C
Page 30 and 31: figure includes the sum paid by the
Page 32 and 33: For this reason it is vital during
Page 34 and 35: Oil Pollution Act of 1990In the wak
Page 36 and 37: PreventionThere are a considerable
Page 38 and 39: Status of International Conventions
Page 40 and 41: esources under their control, the t
Page 42 and 43: Technical AdvisorsDr Michael O’Br
Page 44 and 45: Finance and Administration ManagerA
Page 46 and 47: Tel: + 44 (0)20 7617 4444Fax: + 44
Page 50: I Oliver’s Yard55 City RoadLondon

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