categorize chemicals according to how dangerous they are. Tanks containing dangerous chemical substances of category A have to be treated in such a way that all
residues can be deposited on land. For less dangerous substances dilutions are laid
down which are permissible in the wake of the ship. Sections of the convention
which deal with garbage and sewage produced by the ship's crew are only regarded as
recommendations. So far only few states have ratified this convention (Portmann
1977), the Federal Republic of Germany passed a relevant law on June 26, 1981.
The IMCO conventions also deal in detail with the security measures intended to
reduce the number and extent of oil-spills (see Chap. 5.3). But oil-spills will still
happen as long as oil is being transported across the oceans. It is, therefore, necessary
to supplement the conventions with further agreements concerning compensation.
The 1969 Convention on Civil Liability for Oil Pollution Damage was signed by
49 states and became effective in 1975. The Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage was elaborated in
1971, and in 1974 the corresponding agreement on drilling platforms was worked
out. The efficiency of these agreements is, however, determined by the number of
states that have ratified them. Therefore, voluntary private agreements which in the
meantime apply to most tankers and to more than 90% of the oil transported in
world trade are of special importance. According to the TOVALOP Agreement
(Tankers Owners Voluntary Agreement concerning Liability for Oil Pollution) compensation payments of up to 16.8 million US $ can be paid in case of an oil-spill.
According to the CRIST AL Agreement (Contract Regarding an Interim Supplement
to Tanker Liability for Oil Pollution) signed by mineral-oil companies compensation
sums might amount to an additional sum of 36 million US $, and in the future probably up to 72 million US $. The OPOL Agreement (Offshore Pollution Liability
Agreement) provides 25 million US $ for damages caused by the exploration of oil
in the North Sea.
The Convention Relating to Intervention on the High Seas in Case of Oil Pollution
Casualities (Brussels Convention) was elaborated in 1969; in case of oil-spills this
agreement, which became effective in 1975, entitles the states to take all required
measures in order to diminish the dangers, and if necessary also to sink ships outside
of their territorial waters. This agreement was extended in 1974, ~nd now also
applies to accidents of ships with other dangerous cargoes. On a regional level concerning the North Sea eight states agreed in 1969 on a closer cooperation concerning
oil-spills by means of an Agreement on Cooperation in Dealing with Pollution of the
North Sea by Oil (Bonn Convention); the agreement became effective in 1970.
On the national level similar agreements are necessary as well, since different authorities have to cooperate in case of oil-spills. In the Federal Republic of Germany the
Agency for Waters and Navigation of the Federal Minister of Transport is responsible
for navigation and thus also in the case of oil-spills. If the oil is, however, driven
toward the coast, coastal states are responsible. For this reason the Oil-Spills Committee Sea/Coast was created which elaborated technical recommendations and organizational proposals for the control of oil-spills in the German coastal region. It also
elaborated an administrative agreement between the Federal Government and the
coastal states in order to have an organization for the control of oil-spills on the high
seas, in the coastal waters, in the Kiel Canal, and in the estuaries as far as up to
189
residues can be deposited on land. For less dangerous substances dilutions are laid
down which are permissible in the wake of the ship. Sections of the convention
which deal with garbage and sewage produced by the ship's crew are only regarded as
recommendations. So far only few states have ratified this convention (Portmann
1977), the Federal Republic of Germany passed a relevant law on June 26, 1981.
The IMCO conventions also deal in detail with the security measures intended to
reduce the number and extent of oil-spills (see Chap. 5.3). But oil-spills will still
happen as long as oil is being transported across the oceans. It is, therefore, necessary
to supplement the conventions with further agreements concerning compensation.
The 1969 Convention on Civil Liability for Oil Pollution Damage was signed by
49 states and became effective in 1975. The Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage was elaborated in
1971, and in 1974 the corresponding agreement on drilling platforms was worked
out. The efficiency of these agreements is, however, determined by the number of
states that have ratified them. Therefore, voluntary private agreements which in the
meantime apply to most tankers and to more than 90% of the oil transported in
world trade are of special importance. According to the TOVALOP Agreement
(Tankers Owners Voluntary Agreement concerning Liability for Oil Pollution) compensation payments of up to 16.8 million US $ can be paid in case of an oil-spill.
According to the CRIST AL Agreement (Contract Regarding an Interim Supplement
to Tanker Liability for Oil Pollution) signed by mineral-oil companies compensation
sums might amount to an additional sum of 36 million US $, and in the future probably up to 72 million US $. The OPOL Agreement (Offshore Pollution Liability
Agreement) provides 25 million US $ for damages caused by the exploration of oil
in the North Sea.
The Convention Relating to Intervention on the High Seas in Case of Oil Pollution
Casualities (Brussels Convention) was elaborated in 1969; in case of oil-spills this
agreement, which became effective in 1975, entitles the states to take all required
measures in order to diminish the dangers, and if necessary also to sink ships outside
of their territorial waters. This agreement was extended in 1974, ~nd now also
applies to accidents of ships with other dangerous cargoes. On a regional level concerning the North Sea eight states agreed in 1969 on a closer cooperation concerning
oil-spills by means of an Agreement on Cooperation in Dealing with Pollution of the
North Sea by Oil (Bonn Convention); the agreement became effective in 1970.
On the national level similar agreements are necessary as well, since different authorities have to cooperate in case of oil-spills. In the Federal Republic of Germany the
Agency for Waters and Navigation of the Federal Minister of Transport is responsible
for navigation and thus also in the case of oil-spills. If the oil is, however, driven
toward the coast, coastal states are responsible. For this reason the Oil-Spills Committee Sea/Coast was created which elaborated technical recommendations and organizational proposals for the control of oil-spills in the German coastal region. It also
elaborated an administrative agreement between the Federal Government and the
coastal states in order to have an organization for the control of oil-spills on the high
seas, in the coastal waters, in the Kiel Canal, and in the estuaries as far as up to
189