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José Maura elected as new Director of the IOPC Funds

The 1992 Fund Assembly has elected Mr José Maura Barandiarán of Spain as the next Director of the IOPC Funds. Mr Maura will officially take up his duties as Director on 1 November 2011.

José Maura, who is 50, has worked for the IOPC Funds for 15 years and prior to joining the Funds, practised law and worked for a Protection and Indemnity Club. He joined the IOPC Funds as a Claims Manager in February 1996 and became the Head of the Claims Department in January 2002.  In the absence of the current Director, Mr Willem Oosterveen, due to illness, on 21 September 2010 Mr Maura was appointed Acting Director of the IOPC Funds and on 26 October 2011 was elected Director for a term of five years. Following his election Mr Maura expressed his gratitude to the 1992 Fund Member States for the confidence and trust they had shown by electing him.  He declared that it was a great honour and privilege and that he was committed to providing a high-quality service to all Member States.

Mr Maura stated that 'the foremost duty of the Director is to manage the Secretariat so that the IOPC Funds operate smoothly for the benefit of victims of pollution damage, thus doing justice to the spirit of the Conventions governing the international compensation regime.  In my opinion, it is very important that as many Member States as possible are involved in the core decision-making process of the IOPC Funds and that the excellent relationship between the Funds and all relevant parts of the industry should continue in the future for the benefit of the international community.'  He specifically referred to the excellent relationship with IMO as the recognised mother organisation of the IOPC Funds.
 
Mr Maura admitted that preparing for the election had been challenging and commended Mr Fréderic Hébert, Director of REMPEC, also a candidate for the position, for showing the courage to present himself as a candidate and providing Member States with a choice.  

He expressed his appreciation for his highly qualified colleagues in the Secretariat upon who he said he relied for support and cooperation, particularly during the period since September 2010, which had been demanding both for him as Acting Director and for the Secretariat.  He further declared 'I know I can count on their expertise and dedication and that together we can ensure that working for the Funds is interesting, challenging, rewarding and a great pleasure.  The IOPC Funds are truly remarkable Organisations which fulfil a very important role in the international community.  Nothing will give me greater satisfaction than to be able to direct all my energy towards serving the Funds and all they stand for.'

'I know I have a demanding task ahead but with Members’ support and the help from my colleagues in the Secretariat I will succeed.'

1992 Fund 7th intersessional Working Group

At the 16th session of the 1992 Fund Assembly, the Assembly decided to establish the 7th intersessional Working Group to consider issues relating to the definition of ‘ship’.

The terms of reference for the intersessional Working Group were approved by the Assembly and can be found at Annex III to the Record of Decisions of the October 2011 sessions of the IOPC Funds’ governing bodies (document IOPC/OCT11/11/1). Further background information on the issues which the Working Group will be dealing with can be found in documents IOPC/OCT10/4/3 and IOPC/OCT11/4/4, submitted by the Director and IOPC/OCT10/4/3/1, submitted by the delegation of Denmark.

The first meeting of the Working Group is scheduled to take place during the week of 23 April 2012.

Global settlement reached in respect of the Erika incident

On 14 October 2011 the Acting Director signed on behalf of the 1992 Fund a global settlement with Steamship Mutual (acting on its own behalf and also on behalf of the shipowner's interests), Registro Italiano Navale (RINA) and Total, in respect of the Erika incident. 

The Erika sank on 12 December 1999 in the Bay of Biscay, some 60 nautical miles off the coast of Brittany, France.  Some 400 kilometres of shoreline were polluted by the oil, causing a considerable impact in particular on businesses in the fisheries and tourism sector. 

The total amount available to pay compensation for this incident under the 1992 Civil Liability and Fund Conventions is some €184.7 million.  Payments of compensation have been made for a total of €129.7 million. Therefore, there now remains some €55 million available for compensation.

The main objective of the global settlement is to ensure that civil parties who, by the judgement of the Criminal Court of Appeal in Paris in March 2010, had been awarded compensation for damage caused as a result of the incident, received such compensation as soon as possible.

Under the general four party agreement, the 1992 Fund, Steamship Mutual, RINA and Total have undertaken to withdraw all proceedings against the other parties to the agreement and, in addition, have waived any rights to bring any claim or action which they might have in relation to the Erika incident against any of the other parties to the agreement.  Under the agreement the 1992 Fund will continue to handle the 13 pending legal actions brought against it, totalling some €19.9 million, and will pay in accordance with judgements. 

The 1992 Fund Executive Committee has expressed its satisfaction about the conclusion of such a settlement as it will facilitate prompt payment of compensation to victims, which is the primary mission of the IOPC Funds.

Launch of a new Document Services website

The Secretariat is delighted to announce that the Document Services website is now fully operational and can be found at www.iopcfunds.org/documentservices. The site makes available all meeting documents and decisions taken by the governing bodies of the IOPC Funds since 1978, and also provides additional services, including the possibility to register for IOPC Funds' meetings online, and providing access to IOPC Funds' circulars and document templates. Documents for the upcoming October sessions of the governing bodies will therefore be made available via the new site. Any comments on the new site would be appreciated and should be sent to the Secretariat at feedback@iopcfund.org. 

External relations – Informal lunch meeting for States
from South-East Asia and the Pacific Regions

Since 2009 the Secretariat of the IOPC Funds regularly organises informal lunch meetings for London-based representatives of Member and non-Member States.

In line with this tradition the Acting Director of the IOPC Funds invited representatives from South-East Asia and the Pacific Regions to a lunch meeting at the IOPC Funds' offices on 3 June 2011.

This event, which was well attended with 19 guests representing 14 States, provided the representatives with an opportunity to ask questions and to exchange their views on various subjects such as the running of Funds’ meetings, oil reporting, the contributions system, incidents and claims handling and the status of the HNS Convention. During a welcoming statement the Acting Director referred to the benefits of being a 1992 Fund Member State, particularly in a region which had unfortunately been hit heavily by oil pollution incidents. He also encouraged accession to the Supplementary Fund Protocol.

A number of valuable new contacts were made during the meeting, particularly with States which had not been represented at meetings of the governing bodies for some time, a number of which are now expected to attend the upcoming meetings in July 2011.

It is envisaged that the next regional lunch meeting will be held in September 2011.

Informal Lunch meeting for the London-basedrepresentatives of States in the South East Asia and Pacific Regions held at the IOPC Funds, on Friday, 3 June 2011

New Staff Member

Ms Katrin Park joined the IOPC Funds Secretariat as External Relations Officer on 8 April 2011.

Before joining the Funds, Ms Park worked for the United Nations Development Programme in New York where she was responsible for corporate communications and information campaigns for the Millennium Development Goals.  She began her career in crisis countries, including in Afghanistan and Macedonia, where she worked on transition initiatives for different intergovernmental organisations.   

She has a Masters degree in International Affairs and Psychology.  

In-house lecture for Students from the University of Barcelona

On 7 April 2011 the Acting Director, Mr José Maura, gave an in-house lecture to 20 Spanish students on a short visit to London whilst studying for their Masters of Shipping Business at the University of Barcelona. The Acting Director presented an overview of the international regime and discussed the role of the IOPC Funds, and the additional voluntary industry arrangements (STOPIA 2006 and TOPIA 2006). Developments in the HNS Convention and Protocol were also presented, which included an overview of the HNS Convention and the main changes in the HNS Protocol.

At the invitation of the Government of the Kingdom of Morocco, the IOPC Funds' governing bodies held its spring 2011 meetings from Tuesday 29 March to Friday 1 April, at the Es Saadi Gardens and Resort in Marrakech, Morocco. Forty-one Member States attended concurrent sessions of the 1992 Fund Administrative Council (acting on behalf of the 1992 Fund Assembly), the Supplementary Fund Assembly, the 1992 Fund Executive Committee and the 1971 Fund Administrative Council.

This was only the third time that the IOPC Funds' governing bodies had had the opportunity to hold their meetings away from the IOPC Funds' Headquarters in London, and the first opportunity to hold sessions of the governing bodies on the African continent, having previously held meetings in Europe (Monaco, March 2008) and America (Canada, June 2007). The Moroccan hosts provided the perfect welcome and superb facilities within a wonderful setting. The meetings ran very smoothly and numerous fruitful debates took place. A news brief summarising the key discussions can be found under the meetings page and a detailed Record of Decisions from the meetings can be downloaded from the IOPC Funds' document server. A selection of photos from Marrakech is displayed below:

External relations – Informal lunch meeting for Caribbean and
Central and Southern American States

Since 2009 the Secretariat of the IOPC Funds regularly organises informal lunch meetings for London-based representatives of Member and non-Member States.

In line with this tradition the Acting Director of the IOPC Funds invited representatives from South and Central America and the Caribbean to a lunch meeting at the IOPC Funds' offices on 2 February 2011.

This event was well attended, with thirteen 1992 Fund Member States and 11 non-Members States, 6 of which have observer status with the 1992 Fund.  The meeting provided the representatives with an opportunity to ask questions and to exchange their views on any subjects such as the running of Funds’ meetings, oil reporting, the contributions system, incidents and claims handling and the status of the HNS Convention.

Representatives of non-Member States were given an insight into the work of the Funds and the opportunity to discuss the advantages of ratifying the 1992 Civil Liability Convention as well as the potential benefits of joining the 1992 Fund, and if appropriate, the Supplementary Fund.  As a result of the meeting, one State has already submitted a formal request and two further states have expressed an interest in requesting observer status with the 1992 Fund.

It is envisaged that the next regional lunch meeting will be held in April 2011. 

Informal Lunch meeting for the London-based representatives of Caribbean and Central and Southern American States held at the IOPC Funds, on Wednesday, 2 February 2011.

New Staff Member

Matthew Sommerville will be joining the IOPC Funds Secretariat as Technical Adviser/Claims Manager on   1 February 2011.

Marine Engineer by profession, Matthew brings 26 years of experience in the marine spill response sector from the UK Government, scientific research establishments, commercial and not for profit organisations.  As a manager, technical adviser, trainer and consultant,  he has had active involvement in a variety of roles in spill incidents, from field operations to incident command in marine, coastal and inland environments worldwide.

He is also experienced in claims handling, having been involved in the preparation, assessment and management of claims working with ITOPF, P&I Clubs and the IOPC Funds on a number of incidents starting with the Sea Empress in 1996 up to the Solar 1 in 2007 for the most recent.

Opening of new Oil Spill Training Facility
Pusan, Republic of Korea

Mr José Maura, the Acting Director, attended the opening of the new Oil Spill Training Facility in Pusan, Republic of Korea, which is managed and operated by the Korea Marine Environment Management Corporation (KOEM).

The Acting Director was invited to say a few words on behalf of the International Oil Pollution Compensation Funds during the opening address for the new Oil Spill Training Facility. He congratulated the Korean Government on the training facility, which he said was a significant step forward within the framework of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, (the OPRC Convention).

The opening was attended by representatives from the International Maritime Organization (IMO), the International Tanker Owners Pollution Federation (ITOPF), many Korean experts, international lawyers and academics.

Appointment of an Acting Director of the IOPC Funds

On 21 September 2010, Member States were informed by Circular 92FUND/Circ.71, SUPPFUND/Circ.18, 71FUND/Circ.93, that Mr Willem Oosterveen, Director of the International Oil Pollution Compensation Funds (IOPC Funds), had been taken ill and was unable to act as Director of the IOPC Funds for the foreseeable future. At the 7th session of the 1992 Fund Administrative Council, held in London from 18 to 22 October 2010, a decision was taken to appoint Mr José Maura as Acting Director of the IOPC Funds, until the Director returns to perform his duties or until the extraordinary session of the 1992 Fund Assembly, to be held from 28 March to 1 April 2011 in Marrakech, Morocco, whichever occurs first.

Mr José Maura has worked for the IOPC Funds for 14 years and prior to joining the Funds, practised law and worked for a Protection and Indemnity Club. He joined the IOPC Funds as a Claims Manager in February 1996 and became the Head of the Claims Department in January 2002. Mr Maura was appointed Acting Director of the IOPC Funds on 21 September 2010.

José Maura, Acting Director

New Staff Members

The IOPC Funds has recently welcomed three new staff members to its Secretariat.

Ms Akiko Yoshida has been appointed as the Legal Counsel for the IOPC Funds (following Mr Nobuhiro Tsuyuki) and commenced her post on 16 August 2010. Ms. Yoshida has extensive experience in Maritime Conventions and prior to joining the Funds worked for the Maritime Bureau of the Ministry of Land, Infrastructure, Transport and Tourism (MLIT), Japan.

Mr Thomas Liebert joined the IOPC Funds as Head of the External Relations and Conference Department on 1 September 2010. Mr Liebert holds a Masters Degree in International Law and a post-graduate Diploma in International Administration and has worked for the last 13 years in the field of marine environment protection and oil spill response. He started his career in the non-governmental sector in France, then joined the International Maritime Organization (IMO) in London and subsequently Oil Spill Response Ltd (OSRL) where he held various positions, including a secondment with IPIECA, the oil and gas industry association and an assignment in Singapore, before moving back to the UK as Global Head of Operations prior to joining the Funds.

Mr Mark Homan joined the Claims Department on 6 September 2010, in the post of Claims Manager. Mr Homan commenced his professional career as a Naval Architect before retraining as a solicitor and working as an Admiralty lawyer. Prior to joining the Funds, he worked as a Senior Law Tutor at a leading academic institution in London.

Mr Willem Oosterveen, Director of the International Oil Pollution Compensation Funds, is in hospital and will unfortunately be unable to act as Director of the IOPC Funds for the foreseeable future. He cannot therefore fulfill the functions set out in Article 29 of the 1971 Fund Convention and of the 1992 Fund Convention and Article 16.2 of the Supplementary Fund Protocol.

Pursuant to Internal Regulation 12bis in respect of the 1971 Fund and Internal Regulation 12 in respect of the 1992 Fund and the Supplementary Fund, Mr José Maura, Head, Claims Department, is authorised to act on his behalf in the fulfillment of the functions set out in the above-mentioned Articles and to be the legal representative of the respective Funds as from 21 September 2010.

Mr Maura has agreed to undertake these responsibilities until the regular autumn sessions of the IOPC Funds’ governing bodies which will take place as planned in the week of 18 October 2010. The governing bodies will review the situation at that time and take the decisions which are deemed appropriate.

Please click here to view Circular.

External Relations - Informal lunch meeting

The Director held an informal lunch meeting on 26 August 2010 for representatives from a number of Intergovernmental and Non-Governmental Organisations which have responsibilities or activities in fields related to those of the 1992 Fund or which are of concern or interest to the 1992 Fund. The gathering provided an opportunity for an informal exchange of views on a number of relevant issues, particularly in connection with pollution and environmental matters, maritime and shipping affairs, marine insurance, production or transport of oil or relevant questions of international law. The Secretariat made some invaluable contacts during the meeting and has since received very positive feedback from many of the guests. Given its success, the Director intends to host a lunch meeting for such Intergovernmental and Non-Governmental Organisations on an annual basis.

External Relations - Informal lunch meetings

Following on from the successful regional gatherings held at the IOPC Funds' offices in 2009 for London-based representatives of both Fund Member States and non-Member States, the Director held two further lunch meetings on 6 May and 15 July 2010 for representatives from the Caribbean region and for those from the region of Central and Western Europe and North America respectively.

The lunch meetings have provided an opportunity for members of the Secretariat to improve their relationships with Member States, for representatives to ask questions and for an informal exchange of views on many subjects of interest, such as the running of Fund meetings, the oil reporting and contributions system, incidents and claims handling and the status of the HNS Convention. For non-Member States in particular, they have given the Secretariat the opportunity to provide an insight into the work of the Funds and to discuss the potential benefits of joining the 1992 Fund and, if appropriate, the Supplementary Fund.

Having covered the entire membership of the IOPC Funds over six successful lunch meetings, the Director intends to continue to hold regional gatherings of this kind on a regular basis.

Regional lunch meeting held at the IOPC Funds, 6 May 2010

2009 Annual Report
25 May 2010

The 2009 Annual Report is now available in English and French and Spanish.

In-house lecture for Students from the Erasmus School of Law

On 5 May 2010, students participating in a study trip from the Erasmus School of Law (Rotterdam) visited the Secretariat and attended an in-house lecture given by the Director, Mr Willem Oosterveen. The lecture included a presentation on the international regime and the role of the IOPC Funds, and the additional voluntary industry arrangements (STOPIA 2006 and TOPIA 2006).

The Director also gave a lecture on the HNS Convention 1996 and the 2010 HNS Protocol, which covered topics such as the development of the HNS Convention, the current status of the Convention, compensation limits, and the main changes in the HNS Protocol.

In-house lecture for Students from the the International Maritime Law Institute

The Director, Mr Willem Oosterveen, gave an in-house lecture on 4 May 2010 to students from the International Maritime Law Institute (IMLI). The Director presented an overview of the international regime and discussed the role of the IOPC Funds, and the additional voluntary industry arrangements (STOPIA 2006 and TOPIA 2006). Developments in the HNS Convention and Protocol were also presented, which included an overview of the HNS Convention and the main changes in the HNS Protocol.

In-house lecture for Students from the University of Barcelona

Students from the University of Barcelona visited the Secretariat on 14 April 2010 and attended an in-house lecture given by Mr José Maura, Head of Claims Department. The lecture included a presentation on the operation of the IOPC Funds, with discussions on the practical operations of the international compensation regime.

Students from the University of Barcelona attend a lecture by Mr José Maura at the IOPC Funds, 14 April 2010.

Visit to OSR by members of the IOPC Funds' Secretariat

On 17 March 2010, Members of the IOPC Funds' Secretariat attended a training day organised by Oil Spill Response (OSR), an international oil spill preparedness and response organisation, at their Southampton base. In the morning they were given lectures on Oil Spill Response and case history with a tour of the facilities. They then travelled to a deployment site and completed a hands-on river deployment exercise using OSR equipment. The Secretariat staff members found the training both informative and useful in understanding countermeasures against oil spill incidents.

Members of the IOPC Funds' Secretariat on a training day at Oil Spill Response, 17 March 2010.

Visit to the Kingdom of Morocco

The Director led an IOPC Funds delegation, including two of the Funds' Chairmen, to visit the Kingdom of Morocco from 15 to 18 February 2010. The purpose of the visit was to discuss possible arrangements for the 2011 spring meetings of the IOPC Funds' governing bodies which, it is proposed, will be hosted in the city of Marrakech.

Beginning the visit in Rabat, on the 16 February the delegation met with her Excellency Madame Amina Benkhadra, Minister in charge of Energy, Mines, Water and Environment and discussed several topics including the work of the Ministry.

The IOPC Funds delegation then travelled to Marrakech where they visited a number of possible meeting venues and were given a tour of the city.

The visit was both enjoyable and informative and the Funds' delegation very much appreciated the efforts of all concerned to ensure a successful visit.

External Relations - Informal lunch meeting

On Wednesday 16 December 2009 the Director held an informal regional lunch meeting for London-based representatives of Member States and non-Member States from the African region.

It provided an opportunity to establish personal contacts between the Secretariat and representatives of Member States and non-Member States alike.

Representatives were presented with detailed information packs on many subjects of interest, such as incidents and claims handling, the oil reporting and contributions system, the running of Fund meetings and the status of the HNS Convention. They also had the opportunity to discuss matters of specific interest with the appropriate members of the Secretariat.

The lunch meeting also provided the possibility for non-Member States to get an insight into the work of the Funds and to discuss the potential benefits of joining the 1992 Fund and, if appropriate, the Supplementary Fund.

Following the success of the four regional lunch meetings held in 2009, the IOPC Funds intends to continue to hold regional gatherings of this kind in the future.

Development of an electronic oil reporting system
10 July 2009

At the June 2009 meetings of the IOPC Funds a presentation on the development of an electronic system for the submission of reports on contributing oil was given by Dr Roy Livermore, Senior Information Officer, showing how the system will operate and setting out the advantages for Member States and contributors over the existing paper-based system.

Please click here to view the presentation.

External Relations - Regional lunch meeting

The lunch meeting was very successful and provided an opportunity for members of the Secretariat to improve their relationships with Member States, for representatives to ask questions and for an informal exchange of views on many subjects of interest, such as the running of Fund meetings, the oil reporting and contributions system, incidents and claims handling and the status of the HNS Convention. For non-Member States in particular, it gave the Secretariat the opportunity to provide an insight into the work of the Funds and to discuss the potential benefits of joining the 1992 Fund and, if appropriate, the Supplementary Fund.

The IOPC Funds has already held two successful regional gatherings of this kind so far this year, one in February and another in April, and intends to hold two more in the next five months, thus covering the entire membership of the IOPC Funds.

Regional lunch meeting held at the IOPC Funds, 9 July 2009.

2008 Annual Report
18 May 2009

The 2008 Annual Report is now available in English and French and Spanish.

Interspill 2009, Marseille
12-14 May 2009

The Director and a number of staff members of the Funds’ Secretariat participated in Interspill 2009, held from 12-14 May 2009 in Marseille, France.

Members of the Funds’ Secretariat conducted a workshop on 11 May, which was attended by participants froma variety of countries and was well-received. The workshop aimed at enhancing the understanding of the international regime for compensation for oil pollution damage from tankers. It consisted of lectures explaining the international legal framework as well as the roles of claimants, P&I Clubs and the IOPC Funds, followed by participants solving real life, practical compensation issues, based on past experience and present policies of the Funds.

At Interspill 2009 the Funds were represented with a stand which was visited by many participants of the Conference and Exhibition and where members of the Secretariat provided information and answered questions about the operations of the Funds and its activities worldwide. Documentation about the Funds in all three official languages was made available to interested participants. The Funds’ staff members also benefited from the opportunity to attend lectures and learn about the technical issues related to oil spillresponse and clean-up equipment available on the market today. The Head of the Claims Department also co-chaired a session of the Conference later in the week.

During the Conference, the Director gave a presentation on oil spill management and funding, entitled “The international regime on liability and compensation for oil pollution damage; overview and recent developments”. After providing a general overview of the international regime regarding compensation for oil pollution damage, he addressed the development of the international regime over the years, the voluntary industry arrangements of STOPIA 2006 and TOPIA 2006, as well as important recent developments in the Volgoneft 139 and Hebei Spirit incidents. Finally he described recent developments in the preparation of a Protocol to the 1996 HNS Convention, aiming at a rapid entry into force of a regime of liability and compensation for damage in connection with the carriage of cargoes of hazardous and noxious substancesby sea.