Decision ID: 003658

In October 2009 the 1992 Fund Executive Committee recalled that the Federal service on the supervision in the sphere of the use of the nature (Rosprirodnadzor) had submitted a claim for environmental damage based on the quantity of the oil spilled, multiplied by an amount of Roubles per ton (“Metodika”). It was also recalled that a claim based on an abstract quantification of damages calculated in accordance with a theoretical model was in contravention of Article I.6 of the 1992 Civil Liability Convention and therefore not admissible for compensation. It was noted that at a meeting between the 1992 Fund and representatives of the Ministry of Transport, the Ministry representative had explained that the Minister of Transport had sent a formal request to the Deputy Prime Minister of the Russian Federation requesting him to instruct the Ministry of Natural Resources to review the claim so that it would meet the requirements of the 1992 Conventions and to make amendments to the Russian legislation so as to bring it in line with those Conventions. It was also noted that a Rosprirodnadzor representative had stated that the Metodika claim had been submitted only to comply with national legislation and that the claim could not be withdrawn without prior authorisation from the Ministry of Natural Resources.