Page 54 - claims information pack ebook_e

Guidelines for presenting claims in the fisheries, mariculture and fish processing sector

maximum amount he has to pay (according 1.9 Whether the compensation comes from
to the size of the tanker) under one of the the shipowner’s insurer or the 1992 Fund,
two relevant Conventions. Once this amount the process of making the claim and the
has been paid, the 1992 Fund is responsible criteria applied to assessing the claim
for any extra payments. Often the owner’s are the same. The 1992 Fund and insurer
insurance is enough to cover all the costs usually work closely together, particularly
and the money from the 1992 Fund is not on large oil spills. The Fund, in co-operation
needed. However, in a very large spill, it is with the insurer, usually appoints experts to
possible that not even the money available observe, monitor and record the impact and
from the 1992 Fund to pay compensation for progress of the clean-up operations. Experts
that particular spill will be enough to cover will also be used to review and investigate
all valid compensation claims; in this case – the technical merits of claims and to assist 5
and it is very rare – each successful claimant with determining independent assessments
will be paid a proportion of his/her assessed of the losses. Although the 1992 Fund and
claim until all the money available from the the insurer rely on experts to assist in the
1992 Fund is allocated, unless the damage assessment of claims, the decision as to
occurs in a State which is a Member of the whether to approve a particular claim and
Supplementary Fund. the compensation amount assessed rests
entirely with the insurer concerned and the
1.7 If the incident which caused the pollution 1992 Fund.
was a natural disaster, or if it was entirely
caused intentionally by somebody (not the
tanker owner) or by faulty lights or navigation
aids which should have been maintained by
the authorities, then the tanker owner is not
responsible and the 1992 Fund will come
into play immediately. Also, if the tanker
owner is not known or cannot meet his
liability, the 1992 Fund will step in and pay
compensation.

1.8 The 1992 Fund will not pay compensation if
the pollution was caused by an act of war or
hostilities or if the spill was from a warship.
Nor will the Fund pay if it cannot be proved
that the damage was caused by a tanker.
The 1992 Fund cannot pay compensation
for damage in the fisheries, mariculture and
fish processing sector that occurred on the
high seas, or outside of the territorial waters
or exclusive economic zone of its Member
States.