Legislation Details
- Full Title: Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f
- Law Type: Cabinet Resolution
- Law Number: 66 of 2022
- Issued Date: 10 Aug 2022
- Effective Date: 31 Aug 2022
- Official Gazette: No. 734
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 14
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the procedures for implementing the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage in the United Arab Emirates. The resolution aims to ensure coverage of risks arising from oil pollution damage caused by the leakage of oil from oil tankers or petroleum products tankers within the UAE's territorial sea or exclusive economic zone. It outlines requirements for entities involved in the import of crude oil and heavy fuel oil, including reporting obligations and mandatory insurance for oil tankers. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 1-7)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to all operations related to the import of crude oil and heavy fuel oil into the UAE, in order to ensure coverage of risks arising from oil pollution damage caused by the leakage of oil from an oil tanker or petroleum products tanker, in accordance with the requirements of the International Convention on Civil Liability for Oil Pollution Damage (1969) and the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. The resolution aims to cover pollution damage within the UAE's territorial sea or exclusive economic zone. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 2)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- State: The United Arab Emirates
- Ministry: The Ministry of Energy and Infrastructure
- Minister: The Minister of Energy and Infrastructure
- Competent Authorities: Federal and local entities responsible for regulating and monitoring the import or transportation of crude oil, bunker fuel, or heavy liquids entering the UAE
- Fund: The International Oil Pollution Compensation Fund (1992)
- Vessel: A seaworthy maritime transport unit, other than those operating solely in inland waters or in areas or waters subject to port regulations, and designed for the actual carriage of oil in bulk as cargo
- Pollution Damage: Any loss or damage occurring outside the oil-carrying vessel due to the discharge or escape of oil therefrom, regardless of the location of such discharge or escape
- Oil Tanker: A vessel designed for the transportation of oil, including crude oil tankers and refined petroleum products tankers
- Owner: The person or persons registered as the owner(s) of the vessel in the vessel register of the Country of Registration
- Country of Registration: The Country in which the vessel is registered or the Country whose flag the vessel is entitled to fly
- Oil (Petroleum): Any persistent oil such as crude oil, fuel oil, heavy diesel oil, and lubricating oil, whether carried on board a vessel as cargo or stored as bunker fuel
- Entities Involved in the Import of Crude Oil and Heavy Fuel Oil: All federal or local entities, companies, or institutions engaged in the import of crude oil and heavy fuel oil into the UAE
(Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes the following main obligations: 1. The Ministry of Energy and Infrastructure must prepare annually updated lists containing the names of all entities, companies, and institutions engaged in the importation of crude oil and heavy fuel oil, along with the quantities imported, to determine the share of each entity in the amounts to be paid as a contribution to the International Oil Pollution Compensation Fund. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 3) 2. Entities engaged in the import of crude oil and heavy fuel oil must submit an annual report to the Ministry on the quantities imported or transported between ports. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4) 3. The Ministry must submit an officially certified annual report to the International Oil Pollution Compensation Fund, either declaring no import or internal transport exceeding 150,000 tons annually, or reporting the quantities imported or transported that exceed 150,000 tons. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4) 4. The Ministry must monitor the payment mechanisms of entities engaged in the import of crude oil and heavy fuel oil whose import volume exceeds 150,000 tons, to ensure compliance with the Fund's requirements. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements.
What rights and protections does this law provide?
The legislation does not explicitly mention any rights or protections provided under this Cabinet Resolution.
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution designates the following authorities and bodies responsible for enforcement: 1. The Ministry of Energy and Infrastructure is responsible for coordinating with the competent authorities, preparing lists of entities involved in oil importation, issuing circulars, holding annual meetings, receiving reports, submitting reports to the International Oil Pollution Compensation Fund, and monitoring payment mechanisms. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 3-4, 6) 2. The competent authorities, which are federal and local entities responsible for regulating and monitoring the import or transportation of crude oil, bunker fuel, or heavy liquids, are required to provide necessary support to the Ministry in enforcing the payment of required contributions. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4, 6)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance.
What fees, charges, or financial provisions are specified?
The Cabinet Resolution requires entities engaged in the import of crude oil and heavy fuel oil to pay contributions to the International Oil Pollution Compensation Fund, as determined by the Fund based on the quantities imported or transported. The Ministry is responsible for monitoring the payment mechanisms of these entities to ensure compliance with the Fund's requirements. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4)
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions.
How are disputes resolved under this law?
The legislation does not provide any information on dispute resolution mechanisms.
What are the key deadlines and time limits?
The Cabinet Resolution includes the following key deadlines and time limits: 1. The Ministry must hold an annual meeting every January with entities engaged in the import of crude oil and heavy fuel oil. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4) 2. Entities engaged in the import of crude oil and heavy fuel oil must submit an annual report to the Ministry. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4) 3. The Ministry must submit an officially certified annual report to the International Oil Pollution Compensation Fund. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 4)
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following UAE federal laws and decrees: - Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended - Federal Law No. (26) of 1981 Regarding the Maritime Commercial Law, as amended - Federal Law No. (24) of 1999 Regarding the Protection and Development of the Environment, as amended - Federal Law No. (14) of 2017 Regarding the Trading of Petroleum Products, as amended - Federal Law No. (12) of 2018 Regarding Integrated Waste Management - Federal Decree by Law No. (45) of 1983 Approving the Accession of the United Arab Emirates to the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the Protocol Thereto of 1976 - Federal Decree by Law No. (46) of 1983 Approving the Accession of the United Arab Emirates to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage - Federal Decree by Law No. (82) of 1997 Regarding the 1992 Protocol Containing the Amendments to the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971 (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Preamble)
When did this law come into effect?
The Cabinet Resolution was issued on 10 August 2022 and entered into force on 31 August 2022, the day following the date of its publication in the Official Gazette. (Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f, 2022, Art. 7)
Source Documents
This article analyses Cabinet Resolution Regarding the Procedures Related to the Implementation of the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation f for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.