Page 41 - claims information pack ebook_e

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

is possible to enhance the speed of natural be out of proportion to the extent and
recovery after an oil spill through reasonable duration of the damage and the benefits
reinstatement measures. The costs of such likely to be achieved.
measures will be accepted for compensation 3.6.6 Claims are assessed on the basis of
under certain conditions.
the information available when the
3.6.4 In view of the fact that it is virtually reinstatement measures were undertaken.
impossible to bring a damaged site back Compensation is paid only for reasonable
to the same ecological state that would measures of reinstatement actually
have existed had the oil spill not occurred, undertaken or to be undertaken. Claims for
the aim of any reasonable measures of economic loss as a result of environmental
reinstatement should be to re-establish damage that can be quantified in monetary
a biological community in which the terms are assessed in a similar way to other
organisms characteristic of that community economic loss claims.
at the time of the incident are present and 3.6.7 Studies are sometimes required to establish
are functioning normally. Reinstatement the nature and extent of environmental
measures taken at some distance from, damage caused by an oil spill and to 39
but still within the general vicinity of, the determine whether or not reinstatement
damaged area may be acceptable, so measures are necessary and feasible. Such
long as it can be demonstrated that they studies will not be necessary after all spills
would actually enhance the recovery of the and will normally be most appropriate in
damaged components of the environment. the case of major incidents where there
This link between the measures and the is evidence of significant environmental
damaged components is essential for impact.
consistency with the definition of pollution 3.6.8 The Fund may contribute to the cost of
damage in the 1992 Conventions (see such studies provided that they concern
sub-section 1.4).
damage that falls within the definition
3.6.5 In addition to satisfying the general of pollution damage in the Conventions,
criteria for the acceptance of claims including reasonable measures to reinstate
for compensation set out in sub-section a damaged environment. In order to qualify
1.5, claims for the costs of measures of for compensation it is essential that any
reinstatement of the environment will such post-spill studies are likely to provide
qualify for compensation only if the reliable and usable information. For this
following criteria are fulfilled: reason the studies must be carried out with
professionalism, scientific rigour, objectivity
● The measures should be likely to
and balance. This is most likely to be
accelerate significantly the natural achieved if a committee or other mechanism
process of recovery.
is established within the affected Member
● The measures should seek to prevent State to design and co-ordinate any such
further damage as a result of the incident. studies, as well as the reinstatement
measures.
● The measures should, as far as possible,
not result in the degradation of other 3.6.9 The scale of the studies should be in
habitats or in adverse consequences proportion to the extent of the contamination
for other natural or economic resources. and the predictable effects. On the other
hand, the mere fact that a post-spill study
● The measures should be technically feasible.
demonstrates that no significant long-term
● The costs of the measures should not environmental damage has occurred or that