Decision ID: 003247

In June 2007 the 1992 Fund Executive Committee considered a claim for the loss of a barge which sank whilst transporting oily waste generated from the clean-up operations to an oil disposal facility and for loss of equipment which was onboard the barge at the time of the sinking. It was noted that the damage caused by the sinking of the barge could only be linked to the pollution caused by the Solar 1 incident if it could be construed as ’further loss or damage caused by preventive measures’ within the meaning of article I.6(b) of the 1992 Civil Liability Convention. It was also noted that the sinking of the barge had been due to unforeseen adverse weather conditions. The Executive Committee decided that the claim was not admissible on the grounds that there was not a sufficiently close link of causation between the relevant preventive measures, i.e. the decision to transport the oily debris by barge, and the loss by the sinking of the barge.

Date: 31.05.2007
Categories: Application of the Conventions, Damage caused by preventive measures, Preventive measures
Subjects: Interpretation of 'pollution damage' in Article I.6 of the 1969 and 1992 Civil Liability Conventions, Specific claims considered by the governing bodies, Admissibility criteria, Interpretation of the definition of 'preventive measures' in Article I.7 of the 1969 and 1992 Civil Liabilty Conventions.