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Guidelines for presenting claims for clean up and preventive measures








                     showing how the expenses are linked with       clean-up operations need to be able to link
                     the actions taken. Experts engaged by the      their observations with subsequent claims
                     1992 Fund and the shipowner’s insurer to       for cost recovery. Therefore information
                     follow clean-up operations review the claimed   relating to each worksite should be provided.
                     costs against those operations when making     The annex contains a theoretical claim for
                     their assessment. A claim should therefore     clean-up operations and includes simplified
                     clearly set out what was done and why,         examples of typical spreadsheets. The
                     where and when it was done, by whom, with      purpose of the example is to demonstrate
                     what resources and for how much. Invoices,     one way in which a claim for clean-up costs
                     receipts, worksheets and wage records, whilst   might be structured (Figure 1) and the
                     providing useful confirmation of expenditure,   types of documentation you should submit
                     are insufficient by themselves. The addition of   in support of such a claim for clean-up
                     a report describing how the claimed expenses   operations (Table 2). The spreadsheets are
                     are linked to clean-up operations will greatly   intended as illustrations only and the rates
                     facilitate the assessment of claims.           used should not be taken as representative
                                                                    of reasonable rates.
                Claims submission in electronic                                                                 25
                format – Spreadsheets                          7.3 Supporting information and
                                                               documentation
                7.2.4     Although some supporting documentation can
                     only be submitted as either original documents   7.3.1    The lists on pages 26-27 provide examples
                     or certified copies, information transmitted   of the types of supporting information and
                     electronically can also greatly facilitate the   documentation which should be presented
                     assessment of claims. Spreadsheets offer a    with claims for the costs of particular
                     particularly useful way of summarising some   resources used and other general costs
                     of the key information required in support of   incurred during clean-up operations.
                     a claim. Ideally the spreadsheet would have a   Such information assists the shipowner’s
                     summary page, followed by the detailed entries   insurer/1992 Fund in the assessment of your
                     for each contractor, organisation or worksite   claim. When considering what information
                     with references to supporting materials. Each   can reasonably be expected to be provided,
                     response organisation or contractor should    account is taken of the normal accounting
                     maintain a daily log of activities, including   practices in the countries affected by an
                     details of the number of personnel involved, the   incident. Claimants are also encouraged to
                     type and quantity of equipment and materials   maintain a dialogue with the shipowner’s
                     used, the type and length of shoreline cleaned   insurer/1992 Fund during the formulation of
                     and the amount of waste materials collected.   a claim so that there is a clear understanding
                     If response vessels are used to combat oil at   of the methods used to compile the claim
                     sea, extracts from their deck logs covering   and the opportunity for the shipowner’s
                     their period of deployment provide an essential   insurer/1992 Fund to offer advice on methods
                     source of information to explain the measures   which would facilitate its assessment. Such a
                     taken.                                        dialogue can be particularly useful in a major
                                                                   spill when the claim submitted by a Member
                7.2.5     Very often contractors submit just a single
                     spreadsheet in support of their claim         State is likely to be highly complex, involving
                     showing their overall costs. However, this    costs incurred by a range of national agencies
                     often provides insufficient information on the   and government departments.
                     distribution of the claimed costs  between   7.3.2    The following lists are not exhaustive nor
                     worksites. The experts usually engaged by     would all the items listed be appropriate or
                     the shipowner’s insurer/1992 Fund to follow   necessary under all circumstances.
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