Decision ID: 001399

In October 2002 the 1992 Fund Executive Committee noted that in July 2002 the Mayor of Petit-Bourg (Guadeloupe) had informed the 1992 Fund of a pollution incident, allegedly as a result of an illegal discharge of oil at sea, which had affected the coast of the town and had necessitated the closure of a bathing beach and the imposition of a fishing ban whilst the clean-up was undertaken. It was noted that the authorities were trying to identify the ship responsible, but had indicated their intention to submit claims for compensation to the 1992 Fund in the event that they were unsuccessful in that regard. The Executive Committee endorsed the Director’s view that the 1992 Fund Convention applied to spills of persistent oil even if the ship from which the oil came could not be identified, provided that it was shown to the satisfaction of the 1992 Fund, or in the case of dispute to the satisfaction of a competent court, that the oil originated from a ship as defined in the 1992 Conventions. The Committee decided to authorise the Director to make final settlements on behalf of the 1992 Fund of all claims arising out of the incident in the event that the claimants were unable to obtain compensation under the 1992 Civil Liability Convention, but could demonstrate to the satisfaction of the Director that the pollution damage was caused by persistent oil originating from a ship as defined in the 1992 Civil Liability Convention.