Page 113 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

3. What should you do if there is oil pollution?

3.1 In 1980, shortly after the 1971 Fund was 3.6 An essential element of a successful claim is the
established, Fund staff and their experts were quality of the information submitted in support
conducting aerial surveillance following the of the claim. This should include accurate and
Tanio incident in which 19 000 tonnes of heavy comprehensive records maintained from the
fuel oil were spilled. Flying along the northwest start of the incident, through every step of the
coast of France all that could be seen was response, from notification and mobilisation
kilometre after kilometre of oiled shorelines and through to the close of operations. A narrative
bays, two to three kilometres wide, full of oil. explaining the actions taken, supported by
The question in the front of their minds was: photographs, video clips and illustrative maps will
“How could anyone deal with that?” help the 1992 Fund and its experts understand
the circumstances in which preventive measures
3.2 The answer, then and now, is that, although oil
pollution does look very bad, shorelines can be were taken and the reasons why decisions were
8 cleaned. The IOPC Funds’ experience of major made to follow a particular course of action.
spills since 1978 has certainly demonstrated that Although in most incidents in which the 1992
this is the case. Indeed in the particular case of Fund is involved, the shipowner’s insurer and
the Tanio incident, most of the oil was removed the 1992 Fund would engage experts to follow
by the summer of that year. and advise on clean-up activities, it may not
be possible for these experts to follow every
3.3 The 1992 Fund and shipowners’ insurers have a operation, especially if the pollution is widespread.
well-tested means of compensating for losses, Further guidance on the documentation
although since all claims need to be thoroughly necessary to support a claim for clean-up
assessed, it can take time for money to get costs is provided in section 7 of this booklet.
through to the claimant. However, claims for
reimbursement of clean-up costs are settled 3.7 It is recommended that minutes are taken of
amicably in the majority of cases, without the meetings when decisions on response operations
need to initiate legal proceedings. are reached, a log of events is maintained and
all paperwork and other records are retained.
3.4 As soon as an incident occurs it is advisable Often a position is created within the response
to contact the shipowner’s insurer or the 1992 organisation specifically to ensure that such
Fund with the outline of the situation so that records are kept and the reasonable costs of
the shipowner’s insurer/1992 Fund can decide personnel to fill this position would usually
whether it should send experts to attend on qualify for compensation.
site to offer their assistance. The shipowner’s
insurer/1992 Fund and the experts can offer 3.8 It is also valuable to track expenditure as it is
advice not only on appropriate clean-up incurred, in as close to real time as possible.This
techniques but also on how best to minimise allows areas of high expenditure to be identified
losses resulting from the spill and how claims and evaluated quickly and decisions to be made
should be presented. on whether the level of expense continues to be
justified. One advantage of such an approach is
3.5 If the shipowner’s insurer and the 1992 Fund are to highlight the ongoing costs of equipment which
not informed until sometime after the incident, is no longer needed and which should be cleaned
it will be more difficult to fully appreciate the and taken off hire as the response operations
circumstances which had to be faced and in progress.
which the claimed costs were incurred. Details
of how to contact the 1992 Fund are set out
at the end of this booklet.