Page 40 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition

● The measures should be appropriate should include the following information:
and offer a reasonable prospect of being ● Details of the nature, purpose, timing and
successful (for example, measures to target group for each additional marketing
restore confidence in seafood products activity undertaken.
should normally only be undertaken
once fishing grounds are cleared of ● Detailed breakdown of the costs of
contamination and there is little or no risk any marketing strategy or campaign
of further contamination). to mitigate the economic impact of
the incident with relevant invoices/
● In the case of marketing campaigns, documentation to support costs.
the measures should relate to actual
targeted markets (for example, measures ● Details and costs of the claimant’s normal
to counteract the negative effects on marketing strategies and campaigns
tourism in a particular area should normally (if any).
be focused on the normal visitor client base ● Results of the additional marketing activity,
of that area). where measurable results are available.
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3.5.2 Claims for the costs of marketing campaigns
or similar activities are accepted only if 3.6 CLAIMS FOR
the activities undertaken are additional ENVIRONMENTAL DAMAGE
to measures normally carried out for this AND POST-SPILL STUDIES
purpose. In other words, compensation
is granted only for additional costs Scope of compensation
resulting from the need to counteract the 3.6.1 Under the 1992 Conventions compensation
negative effects of the pollution. Marketing for impairment of the environment is limited
campaigns of too general a nature are not
accepted. If several public bodies undertake to loss of profit from such impairment
campaigns relating to the same negative and costs of reasonable measures of
effects, these campaigns should be properly reinstatement actually undertaken or
co-ordinated to ensure that there is no to be undertaken.
duplication of effort. Claims for measures to 3.6.2 Examples of acceptable claims for economic
prevent pure economic loss are not normally loss due to environmental damage include
accepted until the measures have been a reduction in revenue for a marine park or
carried out. nature reserve which charges the public
for admission or a reduction in catches of
3.5.3 The criterion of reasonableness is assessed
in the light of the particular circumstances commercial species of marine products
of the case, taking into account the interests directly affected by the oil. Reference
involved and the facts known at the time the is made to the previous sections in the
measures were taken. When claims for the Manual dealing with economic losses in
cost of an organisation’s marketing activities the fisheries, mariculture and processing
are considered, account is taken of the sectors and in the tourism sector (sub-
claimant’s attitude towards the media after sections 3.3 and 3.4).
the incident and, in particular, whether that 3.6.3 In most cases a major oil spill will not
attitude increased the negative effects of the cause permanent damage to the marine
pollution. environment due to its great potential for
natural recovery. Whilst there are limits to
Presentation of claims
what measures can be taken to improve on
3.5.4 Claims relating to marketing campaigns natural processes, in some circumstances it