Decision ID: 000993

In February 1999 the 1992 Fund Executive Committee considered whether the events in this case fell within the definition of ‘incident’ in Article I.8 of the 1992 Civil Liability Convention, and in particular whether the occurrence constituted a grave and imminent threat of causing pollution damage in the territory and territorial sea of a State Party to the 1992 Fund Convention. The Committee decided that, in the light of the critical condition of the vessel and the prevailing weather conditions, these requirements were fulfilled. The Committee also considered that, in the circumstances,sending a repair team to the site was a reasonable preventive measure, although the repairs were not subsequently undertaken.