Page 17 - claims information pack ebook_e

Section 1: How does the compensation regime work?

of work carried out by advisers in connection Claimants are required to make a declaration
with the presentation of claims falling within that their claims are a true reflection of their
the scope of the Conventions. The question losses as follows:
of whether such costs will be compensated is
assessed in connection with the examination of My claim is, to the best of my
the particular claim for compensation. Account knowledge and belief, a true and
is taken of the necessity for the claimant to accurate reflection of my actual
use an adviser, the usefulness and quality of loss. It includes information on all
the work carried out by the adviser, the time
reasonably needed and the normal rate in the financial or material gains I have
country concerned for work of that kind. received, including from clean-
up activities, aid organisation or
1.5 WHEN ARE CLAIMS government funds, during the period
ADMISSIBLE FOR claimed. I am aware that the IOPC

COMPENSATION? Funds take the presentation of 15
fraudulent documentation seriously
and if they become aware that such
1.5.1 The 1992 Fund’s governing bodies, that is, the documentation has been submitted
Assembly and the Executive Committee, have
emphasised that a uniform interpretation of the in support of my claim, the IOPC
Conventions in all Member States is essential Funds reserve the right to inform
for the functioning of the compensation regime. the appropriate national authority
They have established the Fund’s claims policy should that be the case.
and have adopted criteria on the admissibility
of claims, that is, when claims qualify for 1.5.2 A claim therefore qualifies for compensation
compensation. The following general criteria only to the extent that the amount of the
apply to all claims: loss or damage is actually demonstrated.

● Any expense, loss or damage must actually All elements of proof are considered, but
have been incurred. sufficient evidence must be provided to
give the shipowner, his insurer and the
● Any expense must relate to measures that
1992 Fund the possibility of making their
are considered reasonable and justifiable. own judgement as to the amount of the
● Any expense, loss or damage is compensated expense, loss or damage actually suffered.
only if and to the extent that it can be The extent to which claimants are able to
considered as caused by contamination reduce their losses is taken into account.
resulting from the spill.
1.5.3 However, each claim has its own particular
● There must be a reasonably close link
of causation between the expense, loss characteristics, and it is therefore necessary
or damage covered by the claim and the to consider each claim on the basis of its own
contamination caused by the spill. merits. The criteria therefore allow for some
degree of flexibility depending on the particular
● A claimant is entitled to compensation circumstances of the claimant, industry or
only if he or she has suffered a quantifiable country concerned, for example, in respect of
economic loss.
the requirement to present documents.
● A claimant has to prove the amount of his or
her expense, loss or damage by producing 1.5.4 The specific criteria that apply to various
appropriate documents or other evidence. types of claims are set out in Section 3.