Decision ID: 001280

In October 2001 the 1992 Fund Executive Committee recalled that the oil tanker Baltic Carrier had collided with the bulk carrier Tern and as a result some of the oil spilled from the Baltic Carrier had entered the forepeak tank of the Tern, some of which was subsequently spilled from the Tern whilst it was in Rostock (Germany) and Ventspils (Latvia). The Committee also recalled that it had decided at its 13th (June 2001) session that it was premature to make a decision on the scope of application of the 1992 Conventions beyond the pollution damage resulting from the oil spill that occurred at the collision location, and had instructed the Director to investigate further the chain of events that led to the spills in Rostock and Ventspils. As regards the spill in Rostock, the Committee noted that the costs of the clean-up were insignificant and that the German authorities did not intend to submit a claim for compensation. The Committee concluded that the question as to whether or not the 1992 Conventions applied to pollution damage in Rostock was therefore academic and decided not to give the matter any further consideration. As regards the spill in Ventspils, the Committee noted that the Director had not had time to examine the information recently received regarding the incident. The Committee instructed the Director to continue his investigations recognising that if all claims arising from the spill in Ventspils were settled by the shipowner without any involvement of the 1992 Fund, the question of the applicability of the 1992 Conventions might also become academic.

Date: 30.09.2001
Category: Application of the Conventions
Subjects: Interpretation of 'incident' in Article I.8 of the 1969 and 1992 Civil Liability Conventions, Interpretation of 'pollution damage' in Article I.6 of the 1969 and 1992 Civil Liability Conventions