Page 31 - claims information pack ebook_e

Section 3: Guidelines on the submission of different types of claim

3.1.11 Claims for clean-up operations may arise solely as a result of the incident and
include the cost of personnel and the hire which would not have been incurred had
or purchase of equipment and materials. the incident and related operations not
Claims for the costs of equipment placed taken place.
on standby, but not actually deployed, 3.1.14 Compensation is also paid for a reasonable
are assessed at a lower rate to reflect the proportion of so-called fixed costs incurred
reduced wear on the equipment. Reasonable
costs of cleaning and repairing clean- by public authorities and quasi-public
up equipment and of replacing materials bodies, that is, costs which would have
consumed during clean-up operations are arisen for the authorities or bodies even
accepted. In the assessment of claims if the incident had not occurred, such as
for the cost of equipment purchased for a normal salaries for permanently employed
particular spill, deductions will be made to personnel. However, in order to qualify for
take into account the remaining value of the compensation, such costs must correspond
equipment if it is suitable for use in future closely to the clean-up period in question
incidents or for some other purpose. If a and should not include remote overhead 29
public authority, as part of its contingency charges.
planning, has purchased and maintained 3.1.15 Salvage operations may in some cases
materials or equipment so that they are include an element of preventive measures.
immediately available to respond should an If the primary purpose of such operations
oil spill occur, compensation is paid for a is to prevent pollution damage, the
reasonable part of the purchase price of the costs incurred qualify in principle for
items actually used. This is usually based on compensation under the 1992 Conventions.
a daily rate that is calculated in such a way However, if salvage operations have another
that the capital cost of the item is recovered purpose, such as saving the ship and/
over its expected useful working life, plus or the cargo, the costs incurred are not
a proportion of the costs of storing and accepted under the Conventions. If the
maintaining the equipment. A reasonable operations are undertaken for the purpose
element of profit would also be included of both preventing pollution and saving
if the equipment were owned by a private the ship and/or the cargo, but it is not
contractor.
possible to establish with any certainty the
3.1.12 Clean-up operations frequently result in primary purpose, the costs are apportioned
considerable quantities of oil and oil debris between pollution prevention and salvage.
being collected. Reasonable costs for storing The assessment of claims for the costs
and disposing of the collected material of preventive measures associated with
are accepted. If the claimant has received salvage is not made on the basis of the
any extra income following the sale of the criteria applied for determining salvage
recovered oil, these proceeds would normally awards, but the compensation is limited
be deducted from any compensation to to costs, including a reasonable element
be paid. of profit.

3.1.13 Clean-up operations are often carried out Presentation of claims
by public authorities or quasi-public bodies
using permanently employed personnel 3.1.16 It is essential that claims for the costs of
or vessels and vehicles owned by such clean up are submitted with supporting
authorities or bodies. Compensation is paid documentation showing how the expenses
for reasonable additional costs incurred by for the operations are linked with the actions
such organisations, that is, expenses that taken. The key to the successful ›