Decisión nº: 003262

In June 1993, in the context of the general discussion concerning claims that had arisen in the context of the Haven, Aegean Sea and Braer incidents, the 1971 Fund Executive Committee took note of the fact that in previous cases claims for preventive measures had related to physical operations, such as the placing of booms or the spraying of dispersants, whereas in respect of the Haven and Braer incidents claims had been presented which related to measures of an abstract nature taken to prevent or minimise pure economic loss, such as tourism promotion or the marketing of fish products. It was suggested by some delegations that such costs should be admissible if they related to measures taken to prevent or minimise damage which in itself would fall within the definition of “pollution damage”. Other delegations expressed hesitation as regards the admissibility of claims of this kind and stated that the drafters of the Civil Liability Convention did not foresee that such activities should fall within the definition of “preventive measures”. The Committee recognised that although the Fund was established to pay compensation to victims of oil pollution, it was important that the Fund should exercise a certain caution in accepting claims beyond those admissible under the general principles of law in Member States. The Committee emphasised that each claim, and each item of a claim, would have to be considered on its own merits.