Cap. 412 Art. 5Certain provisions of the 1992 Fund Convention given force of law in Malta.

(1) Subject to the provisions of sub-articles (2) to (6) of this article, those provisions of the 1992 Fund Convention, contained in the Second Schedule to this Act, shall form part of and be enforceable as part of the Law of Malta.

(2) Any person who in a calendar year has received contributing oil so as to be liable to contribute to the IOPC Fund pursuant to article 10 of the 1992 Fund Convention, shall, not later than the 1st March of the following year, inform the Minister of the quantity of such oil received by him.

(3) The Minister shall, at a time and in the manner prescribed in the Internal Regulations of the IOPC Fund, communicate the information mentioned in paragraph 2 of article 15 of the 1992 Fund Convention to the Director of the IOPC Fund.

(4) (a) For the purposes of this sub-article "associated person" means a company or other body corporate which in either case is another company’s subsidiary, associate or holding company, or is the manager of or managed by, or otherwise controls or is controlled by that body corporate or a subsidiary or associate of that body corporate’s holding company - and associate of a body corporate means a body corporate being the subsidiary of the same holding company.

(b) Any person having received in a calendar year contributing oil in ports or other installations in Malta in the manner specified in sub-paragraphs (a) and (b) of paragraph 1 of article 10 of the 1992 Fund Convention in total quantities exceeding 150,000 tonnes shall pay contributions to the IOPC Fund in accordance with articles 10, 12 and 13 of that convention in the amount and by the date determined by the IOPC Fund Assembly:

Provided that, notwithstanding that the quantity received in Malta in a calendar year by any such person does not exceed 150,000 tonnes but when aggregated with the quantity of contributing oil received in the

(5) Where pollution damage resulting from an incident has been sustained in Malta, including the territorial waters of Malta and any area determined by an Order of the Minister made for the purposes of the proviso to article 4(3) of this Act, or if measures have been taken to prevent or minimise such damage in that area, any action against the IOPC Fund for compensation under article 4 of the 1992 Fund Convention shall be brought in Malta before the Civil Court, First Hall.

(6) The notification to the IOPC Fund under paragraph 6 of article 7 of the 1992 Fund Convention shall be made by means of a judicial act against the IOPC Fund and notified in the office of the Minister.

(7) The IOPC Fund shall be entitled to take action against defaulting contributors before the Civil Court, First Hall.