Page 42 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition
no reinstatement measures are necessary,
does not by itself exclude compensation
for the costs of the study.
3.6.10 The Fund should be invited at an early
stage to participate in the determination of
whether or not a particular incident should
be subject to a post-spill environmental
study. If it is agreed that such a study is
justified, the Fund should then be given the
opportunity of becoming involved in planning
and establishing the terms of reference for
the study. In this context the Fund can play
an important role in helping to ensure that
any post-spill environmental study does not
unnecessarily repeat what has been done
40 elsewhere. The Fund can also assist
in ensuring that appropriate techniques and
experts are employed. It is essential that
progress with the studies is monitored, and
that the results are clearly and impartially
documented. This is not only important
for the particular incident but also for the
compilation of relevant data by the Fund
for future cases. 3.6.13
3.6.11 It is also important to emphasise that the
participation of the Fund in the planning of
environmental studies does not necessarily
mean that any measures of reinstatement
later proposed or undertaken will qualify
for compensation.
Presentation of claims
3.6.12 Claims for the costs of reinstatement
measures and associated studies should
be itemised as follows:
● Delineation of the area affected by the
spill, describing the extent, distribution
and level of pollution and the resources
impacted by the oil (for example using
maps or nautical charts, supported by
photographs, video or other recording
media).
● Analytical and/or other evidence linking
the oil pollution with the ship involved in
the incident (such as chemical analysis of
oil samples, relevant wind, tide and current
data, observation and plotting of floating
oil movements).
● Details and results of any studies
undertaken to assess environmental
damage and to monitor the effectiveness
of any reinstatement measures proposed,
together with a breakdown of the costs
involved.
● Detailed description of any reinstatement
measures undertaken or to be undertaken
and a breakdown of the costs.
Claims for economic losses resulting from
environmental damage should essentially
follow a similar pattern to those set out
for pure economic losses (see paragraphs
1.4.9–1.4.10).