Claims and Compensation Workshop, MadagascarFrom 18 to 22 August 2008 José Maura attended the ‘Oil Pollution Claims and Compensation Workshop’, which was held in Madagascar. Topics discussed were claims for clean-up and preventative measures and property damage, claims for economic loss in the fisheries and tourist sector and claims for environmental damage. The Workshop was attended by various judges from different courts and ITOPF were also present. The workshop was very well received by all those present. Lloyd's Maritime Academy 2008, LondonOn 8 July 2008 Nobuhiro Tsuyuki attended the Lloyd’s Maritime Academy in London and gave a lecture entitled ‘Oil spill management and funding’ at the ‘Managing Maritime Emergencies Seminar’, which was organised by the Lloyd’s Maritime Academy. UK Spill 2008 Seminar, SouthamptonOn 2 and 3 July 2008 the Director attended the UKSPILL08 Marine Spill Seminar in Southampton. More than 90 people attended the event, mostly from European countries. Guest of honour at the occasion was former UK SOSREP Robin Middleton. He was made an honorary life member of UKSpill, following the CBE awarded to him in June 2008. As part of the program the Director visited the OSRL/EARL stockpile centre and attended various presentations on oil pollution preparedness and response. He also attended an oil spill exercise involving various response vessels and an aerial surveillance and response aircraft. 2nd Seoul International Maritime Forum 2008On 27 and 28 May 2008, upon the invitation of the Korean Ministry of Land, Transport and Maritime Affairs, the Director participated in the 2nd Seoul International Maritime Forum, the theme of which was 'How to efficiently assist compensation for oil pollution damages'. The Director made a presentation to the forum entitled “The role of the IOPC Funds in the Hebei Spirit incident; future agenda for compensation of claimants”. Apart from providing a general overview of the international regime regarding compensation for oil pollution damage, the Director also addressed in his presentation the problems that tend to arise in the handling of a major oil pollution incident. Other presenters included Andrew Bardot, Secretary and Executive Officer of the International Group of P&I Clubs, Jean Serge Rohart, President of the Comité Maritime International (CMI) and representatives from France, Spain, Japan and the Philippines who gave presentations on major oil pollution incidents that had occurred in their national waters in recent years. A representative of the Republic of Korea gave a presentation on the progress made with the handling of the Hebei Spirit incident so far, as well as on the prospects for the handling of that incident in the future. The Director also used the opportunity to meet with the Minister for Land, Transport and Maritime Affairs of the Republic of Korea. IOSC 2008; Savannah, Georgia ( USA)From 4 to 8 May 2008 the Director attended the International Oil Spill Conference (IOSC) 2008, which was held in Savannah, Georgia ( USA). The Conference theme was 'Creating a Culture of Preparedness'. Over 2,500 people from 80 countries attended the technical sessions and viewed more than 250 exhibits. During the Conference the Director attended various plenary and other sessions of IOSC 2008. The Director also used the opportunity to meet various people from the world of shipping and pollution response. On Thursday 8 May the Director, in a session entirely devoted to the Hebei Spirit incident, delivered his presentation entitled 'The role of the IOPC Funds in the Hebei Spirit incident'. The IOSC is one of the three world-wide oil spill conferences, which are each held once every three years in the UK (Interspill), the US (IOSC) and Australia (SpillCon) respectively. The next conference is Interspill 2009, which will be held in Marseille, France from 12 to 14 May 2009. PAJ Oil Spill Symposium 2008; Tokyo, JapanFrom 21 to 22 March 2008, Nobuhiro Tsuyuki attended the PAJ Oil Spill Symposium 2008 ‘International Challenges in Preparedness and Response to Oil and Chemical Spill Incidents’ and made a presentation titled ‘International Compensation Regime for Oil Pollution Damage and the HNS Convention’ PAJ; Petroleum Association of Japan.
Regional claims workshop in CongoA regional workshop on claims for compensation under the Civil Liability and Fund Conventions and an OPRC HNS seminar were conducted in Pointe Noire (Republic of Congo) from 10 to 14 December 2007 within the Global Initiative West and Central African (GIWACAF) programme. The workshop and seminar were organised by IMO, IPIECA (International Petroleum Industry Environmental Conservation Association) in cooperation with the IOPC Fund. The Head of the Claims Department, Mr José Maura, and Ms Ana Cuesta from the Claims Department conducted the workshop and made various presentations on the international compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention and on claims for compensation. They also carried out an oil spill exercise. The seminar and workshop were attended by some eighty participants from government departments or agencies of Angola, Benin, Cape Verde, Congo, Côte d’Ivoire, Democratic Republic of the Congo, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mauritania, Namibia, Nigeria, Sao Tome and Principe, Senegal, Sierra Leone, South Africa and Togo. Representatives of other intergovernmental organisations such as the United Nations Industrial Development Organization (UNIDO) were also present as well as representatives from the oil industry in the Republic of Congo. The Republic of Congo is a major oil producer in Africa with some forty oil platforms in the vicinity of Pointe Noire. The Congo is a party to the 1992 Civil Liability and Fund Conventions. The delegates showed a great interest in the Fund and participated actively in the workshop presentations on Fund matters. Interest was showed also on the HNS Convention.
Seminar and claims workshop for the Republic of Equatorial GuineaA seminar on marine legislation and oil pollution preparedness, response and cooperation and a claims workshop were held in Malabo ( Republic of Equatorial Guinea) from 30 July to 2 August 2007. They were organised by IMO and the IOPC Funds with the assistance of IPIECA (International Petroleum Industry Environmental Conservation Association). The Head of the Claims Department, Mr José Maura, and Ms Ana Cuesta from the Claims Department conducted the workshop and made various presentations on the international compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention and on claims for compensation. They also carried out an oil spill exercise. The seminar and workshop were attended by some forty participants from various government departments (Ministries of Fisheries and Environment, Transport & Communications, National Defence, Social Affairs, Foreign Affairs, Health, Information, Culture and Tourism), the oil industry and other interested persons. The Republic of Equatorial Guinea is a major oil exporter in Africa. Government representatives at the workshop confirmed that the Republic of Equatorial Guinea intended to ratify the 1992 Civil Liability and Fund Conventions in the near future.
Claims Workshop in Cairo, EgyptAna Cuesta and Joe Nichols of the IOPC Funds participated in an oil pollution compensation claims workshop in Cairo, Egypt between 17 and 19 July 2007. The workshop was organised by the Regional Marine Pollution Emergency Response Centre (REMPEC) in Malta and the Egyptian Environmental Affairs Agency (EEAA). The workshop was attended by representatives of EEAA, the Suez Canal Authority and the oil industry, including the SUMED pipeline company. Representatives from EEAA, ITOPF and the UK P&I Club as well as the Funds’ staff, gave presentations at the workshop. Egypt is currently a party to the 1992 Civil Liability Convention, but has not yet ratified the 1992 Fund Convention.
Seminar on the HNS Convention, Warsaw, PolandA seminar organised by the European Maritime Safety Agency on the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention) was held in Warsaw, Poland on 17 and 18 April 2007. The purpose of the seminar was to assist the Polish Government in its preparations for ratifying the Convention. Some 15 persons from various ministries and government agencies attended. Ms Catherine Grey, Head of the IOPC Funds' External Relations and Conference Department, and Mr David Bolomini, Head of Shipping Policy for the United Kingdom Government's Department for Transport, gave a series of presentations on different aspects of the HNS Convention. Particular emphasis was given to the operation of the system for contributions to the HNS Fund and the practical issues involved in setting up such a system for Poland.
Claims Workshop in Varna, BulgariaOn 26 and 27 April 2007 the Director, Mr Willem Oosterveen, and the Head of the Claims Department, Mr José Maura, together with Ms Katharina Stanzel from the International Tanker Owners Pollution Federation (ITOPF), conducted a claims workshop in Varna, Bulgaria. The workshop was attended by delegates from the Bulgarian Maritime Administration and various other government departments. Mr Oosterveen made special reference in his presentations to the increasing volume of oil being transported through the Black Sea region and the corresponding risks this involved. He also referred to developments in the international compensation regime and outlined recent improvements to compensation arrangements.
Conference in Cantabria, SpainOn 13 and 14 April 2007 the Head of the Claims Department, Mr José Maura, participated in a meeting of the Conference of Peripheral Maritime Regions of Europe in Santander, Spain. The conference was attended by representatives of the European maritime regions. Mr Maura referred to developments in the international compensation regime and outlined those improvements in compensation arrangements which had taken place over the years.
SpillCon 2007, Perth, AustraliaFrom 26 to 29 March 2007, the Director of the IOPC Funds, Mr Willem Oosterveen, attended SpillCon 2007, which was held in Perth, Australia. The theme of the conference was “Global, regional, local”. There were about 400 participants, mainly from Australia, New Zealand and the East-Asian and Pacific regions. More than 150 participants were non-Australian, with 31 countries represented in total. SpillCon is one of the three world-wide oil spill conferences, which are each held once every three years in the UK (Interspill), the US (IOSC) and Australia respectively. The next one is IOSC 2008, which will be held in Savannah, Georgia, USA. On Monday 26 March the Director was invited to a lunch meeting of the Board of the Australian Maritime Safety Authority, where he gave a short introduction to the Fund and the way it operates, against the background of the international regime for compensation for oil pollution damage. Various issues of mutual interest were discussed, among which the desirability of Australia joining the Supplementary Fund. Several Board members showed great interest in the Fund and asked questions about its daily operations. From 27 to 29 March the Director attended the plenary sessions of SpillCon 2007, which were opened on Tuesday by Conference Chair, Mr Ivan Skibinski, followed by an inspirational keynote speech by Dr. Fiona Wood, a surgeon and professor, world renowned for her research in skin replacement treatment for burn wounds. Many other speakers delivered interesting presentations during the following days. The Director used the opportunity to meet various people from the world of shipping and pollution response. On Wednesday 28 the Director delivered his presentation to the plenary, entitled “The international regime on liability and compensation for oil pollution damage, a global regime with regional and local impact; Recent developments, new cases”.
Visit of the Director to PanamaOn 6 and 7 February 2007, the Director of the IOPC Funds, Mr Willem Oosterveen, visited Panama upon the invitation of the Panamanian Government.
Seminars in Argentina and ChileOn 12 and 17 January 2007, the Head of the Claims Department, Mr Jose Maura, participated in two seminars in Buenos Aires and Santiago, which were organised by the IOPC Funds in cooperation with BIMCO. The seminars were attended by representatives of the maritime and legal professions in Argentina and Chile. In his presentations, Mr Maura referred to the developments of the international regime and to several major incidents affecting the IOPC Funds such as the Nissos Amorgos, Erika and Prestige, and outlined the improvements of the compensation arrangements that had taken place over the years. Mr Maura also emphasised the importance of a uniform implementation and application of the Conventions relating to oil pollution liability and compensation, and highlighted the benefits of ratifying the 1992 Civil Liability and Fund Conventions.
The East Asian Seas (EAS) Congress 2006 The former Director, Mr Måns Jacobsson, attended the East Asian Seas (EAS) Congress 2006 “One Ocean, One People, One Vision”, held in Haikou, People’s Republic of China, from 12 to 16 December 2006. The Congress was attended by some 800 delegates from a large number of countries from the East Asian Seas region, from other countries and from various intergovernmental and non-governmental bodies.
Lectures at Dalian and Shanghai Maritime UniversitiesOn 11 and 15 December 2006 the former Director, Mr Måns Jacobsson, gave lectures at the Dalian Maritime University and at the Shanghai Maritime University on the international oil pollution liability and compensation regime. He dealt with recent developments in the regime and the experience gained from the Erika and Prestige incidents as well as the Solar 1 incident which occurred in August 2006 in the Philippines. He also addressed the particular situation in respect of the People’s Republic of China which has ratified both the 1992 Civil Liability Convention and the 1992 Fund Convention, but as regards the 1992 Fund Convention has made a reservation to the effect that it only applied to the Hong Kong Special Administrative Region. The People’s Republic of China is thus a member of the 1992 Fund. However, this reservation has the result that 1992 Fund would pay compensation for pollution damage in Hong Kong but would not compensate for such damage in mainland China, and contributions to the 1992 Fund would be paid by oil receivers in Hong Kong but not by oil receivers in mainland China.
Lectures in the Republic of KoreaOn 7 and 8 December 2006 the former Director, Mr Måns Jacobsson, gave presentations on the international compensation regime at a seminar organised by the Korea Shipping Association and to the students at Mokpo National Maritime University. In his presentations he referred to the role played by the Republic of Korea in the developments in the regime which have taken place in recent years and to the experience of major oil spills which have taken place in the Republic of Korea. He also spoke about the division of opinion between Fund Member States which had resulted in the work towards a revision of the 1992 Civil Liability Convention and Fund Conventions having been abandoned. Lecture in MalaysiaOn 4 December 2006 the former Director, Mr Måns Jacobsson, visited Malaysia and, at the invitation of the Marine Department Peninsular Malaysia, gave a presentation on the international compensation regime. This presentation was attended by some 60 persons from the public and private sectors. Mr Jacobsson dealt with the regime from a Malaysian perspective and set out recent developments within the regime. He also gave a short overview of the 1996 Convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea (HNS Convention). Workshop on Places of Refuge in Barcelona, SpainOn 28 – 30 November 2006 the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) held a regional workshop in Barcelona (Spain) on Places of Refuge which dealt with the issue from a number of perspectives.
Workshops on the HNS Convention organized by EMSAThe European Maritime Safety Agency (EMSA) organised two workshops on the implementation of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention), which took place at EMSA's headquarters in Lisbon, Portugal.
Lecture in FranceOn 16 November 2006 the outgoing Director, Mr Måns Jacobsson, gave a lecture to the French Maritime Law Association on "The IOPC Funds – the French experiences". He referred to the importance for the development of the international regime and to several major incidents in France – Amoco Cadiz, Tanio, Amazzone, Haven, Katja, Erika and Prestige, and outlined the improvements of the compensation arrangements that had taken place over the years. He emphasised the importance of a uniform implementation and application of the Conventions relating to oil pollution liability and compensation and dealt with the different approaches taken in various Fund Member States. He also set out his views on future developments and emphasised the importance that the regime continued to adapt to the political and social developments in society. Lecture in ItalyOn 13 November 2006 the outgoing Director, Mr Måns Jacobsson, gave a lecture to the Italian Maritime Law Association on "The International Compensation Regime for Oil Pollution Damage: Legal and Political Challenges". Against the background of three major incidents in Italy – Patmos, Agip Abruzzo and Haven – he set out the developments within the international compensation regime over the years. He dealt in particular with the steps taken in the light of recent major incidents to improve the compensation regime and emphasised the importance of uniform application of the Conventions on which the regime is based. He also made some observations on possible future developments. Visit to JapanThe Director, Mr Måns Jacobsson, and the Director Elect, Mr Willem Oosterveen, visited Japan from 10 to 13 October 2006. EROCIPS Seminar in Bordeaux, FranceThe Emergency Response to Coastal Oil, Chemical, and Inert Pollution from Shipping (EROCIPS) a project funded by the European Regional Development Fund to provide regional and local governments with information to aid their response structure in the event of a pollution incident, organised a seminar in Bordeaux on 28 and 29 September 2006. The seminar was attended by some 100 delegates from a number of maritime regions of Europe. The Head of the Claims Department , Mr José Maura, made a presentation in which he set out recent developments within the international compensation regime of special interest to maritime regions in Europe. The presentation received substantial interest from the participants.
Seminar on the HNS Convention in Riga, Latvia A seminar organised by the European Maritime Safety Agency on the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention) was held in Riga (Latvia) on 19 and 20 September 2006. The purpose of the seminar was to assist the Latvian Government in its preparations for ratifying the Convention. Some 15 persons from various ministries and government agencies attended. Claims Workshop in Astana, Kazakhstan The IOPC Funds had been invited to conduct a regional claims workshop in Astana, Kazakhstan in September 2006 for the countries of the Caspian Sea Region. The workshop was attended by representatives from Azerbaijan, Kazakhstan, Russian Federation and Turkmenistan, as well as from the oil companies operating in the region. The workshop was organized by the Oil Spill Regional Preparedness Initiative for the Black Sea and Caspian Region, in conjunction with a meeting of the Emergency Response Regional Advisory Group (ERRAG) of the Caspian Environmental Programme.
International Colloquium on Maritime Legal Liabilities
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Français
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A seminar on the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention) was held in Helsinki on 11 September 2006 under the auspices of the Finnish Ministry of Transport. The purpose of the seminar was to increase the awareness of the major issues that had to be addressed in relation to the envisaged ratification by Finland of the Convention. Some 75 persons from various ministries, government agencies and interested industries attended.
The Director, Mr Måns Jacobsson, and the Head of the External Relations and Conference Department, Ms Catherine Grey, gave presentations on the liability and compensation regime to be established when the HNS Convention enters into force. Particular emphasis was given to the operation of the system for contributions to the HNS Fund.
In connection with the seminar the Director and the Head of External Relations and Conference Department held meetings with a number of senior officials in the Ministry of Environment, the Ministry of Transport and the Finnish Maritime Agency as well as with representatives of the Finnish oil industry for discussion on matters of common interest. A meeting was also held with the Executive Secretary of the Baltic Marine Environment Protection Commission (Helsinki Commission).
Claims Workshop in Ghana
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Opening of the Workshop by the Minister of Harbours and Railways (second from right) |
The IOPC Funds organised a claims workshop in Accra (Ghana) from 28 August to 1 September 2006 on the international compensation regime established under the 1992 Civil Liability Convention and the 1992 Fund Convention. The Director, Mr Måns Jacobsson, and the Deputy Director/Technical Adviser, Mr Joe Nichols, gave a number of presentations on the various types of claims for compensation under the international regime. The purpose of the workshop, which was attended by some 50 persons from various ministries and government agencies as well as from the oil, shipping, fishery and tourism industries, was to increase the awareness in Ghana of the international compensation regime so as to facilitate the presentation and handling of claims if a tanker oil spill were to occur in Ghana.
The Director and the Deputy Director also held meetings with the Minister and Deputy Minister for Harbours and Railways, the Minister of Fisheries, the Minister responsible for Environmental Affairs and the Director General of the Ghana Maritime Authority as well as with representatives of the Ghanaian oil industry to discuss matters of common interest.
Lecture at World Maritime University
On 21 August 2006 the Director, Mr Måns Jacobsson, gave a lecture on the international compensation regime under the 1992 Conventions to some 80 students at the World Maritime University (WMU) in Malmo, Sweden. The students, who come mainly from developing countries, are following a 21-month programme in various maritime fields, such as maritime administration, maritime safety and port management, leading to a Masters degree. The purpose of the Director's lecture was to familiarise the students, who after returning to their country will hold senior positions within their national administration or in the private sector, with the compensation regime so as to enable them to ensure that their respective countries can benefit fully from compensation under the regime in the case of tanker oil spills.
Visit to New Zealand
The Director visited New Zealand on 7-8 August 2006 for discussions with Government representatives on matters relating to the international oil pollution compensation regime and the issues which had to be resolved in order to enable New Zealand to ratify the HNS Convention. He met the Minister for Transport Safety, Mr Harry Duynhoven and the secretary for Transport, Mr Alan Thomson, as well as the Chairman and the Chief Executive of the New Zealand Maritime Authority Mrs Susie Staley and Mr Russel Kilvington.
At a seminar held on 7 August in Auckland, the Director gave a presentation on recent developments within the international oil pollution compensation regime. On 8 August he participated in a seminar held in Wellington which focussed on the ongoing examination by the New Zealand authorities on the legislation which would be required in order to enable New Zealand to ratify the HNS Convention. The Director gave a presentation in which he dealt with the major issues involved and provided information on the work which had been carried out within the IOPC Funds for the purpose of assisting States in ratifying the HNS Convention. The two seminars were attended by both government officials and representatives of the industry interests involved.
Visit to Australia
The Director, Mr Måns Jacobsson, visited Australia from 31 July to 3 August 2006.
He had a meeting at the Australian Maritime Safety Agency (AMSA) where discussions on matters of common interest took place with AMSA's Chief Executive, Mr Clive Davidson, and its senior management. The discussions focussed on recent developments within the international compensation regime. In particular, the Chief Executive informed the Director of the developments in Australia toward ratification of the 2003 Supplementary Fund Protocol and the HNS Convention.
The Director visited the Australian Marine Oil Spill Centre in Geelong where he was informed about the organisation of the Australian oil spill response. It was emphasized that the response was based on close cooperation between the Federal and State governments and the oil industry.
Seminars had been organised in Melbourne, Canberra and Brisbane by AMSA in cooperation with the Maritime Law Association of Australia. The Director made presentations on recent developments within the international compensation regime and focussed on matters of particular interest to Australia. He set out in some detail the Supplementary Fund Protocol and the voluntary industry agreements STOPIA 2006 and TOPIA 2006.
Claims workshops for Turkey and the Black Sea Region
The IOPC Funds organised two claims workshops in Istanbul, Turkey in July 2006. The first was a regional claims workshop for the countries of the Black Sea Region and was attended by representatives of Bulgaria, Georgia, Romania, Russian Federation, Turkey and Ukraine. The second was a national workshop for Turkey and was attended by representatives of the Turkish government and the shipping and oil industries.
The Deputy Director, Mr Joe Nichols, and the Head of the Claims Department, Mr José Maura, gave a number of presentations on the international compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention and conducted an oil spill exercise.
Of the countries represented, Bulgaria, Georgia, Russian Federation and Turkey are members of the 1992 Fund. The other countries confirmed that they intended to ratify the 1992 Fund Convention in the near future.
Meeting with Singapore authorities
On 23 July 2006 the Director visited the Maritime and Port Authority of Singapore and met the Authority’s Chief Executive, BG Tay Lim Heng. During the meeting various issues of common interest were discussed, in particular recent developments within the international compensation regime and the situation in respect of the Erika and Prestige incidents. The analysis which is being carried out by the Singaporean Government to decide whether Singapore should ratify the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention) was also discussed.
Visit to Canada
The Director, Mr Måns Jacobsson, and Mr Willem Oosterveen, who will take over the post of Director on 1 November 2006, held meetings in Ottawa on 26 and 27 June with Canadian Government officials. A meeting was held in the Department of Transport with Mrs Kristine Burr, Assistant Deputy Minister and senior Government officials. The discussion focussed on recent developments within the international compensation regime, the timetable for ratification by Canada of the Supplementary Fund Protocol and certain issues relating to the preparations for the entry into force of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention).
Mr Jacobsson and Mr Oosterveen also held discussions with the Commissioner and the Deputy Commissioner of the Canadian Coast Guard, as well as with the Administrator of the Canadian Ship-source Oil Pollution Fund.
Seminar in Arendal, Norway
A seminar was held on 8 and 9 June 2006 in Arendal, Norway, organised by the Gard P&I Club. The seminar was attended by some 100 participants within the shipping community from 22 countries.
Oil Pollution Claims & ISPS Workshop in Gammarth, Tunisia
Capt Patrick Joseph and Ms Chiara Della Mea, IOPC Funds' Claims Managers, participated in an Oil Pollution Claims and Compensation & International Ship and Port Facility Security (ISPS) workshop held in Gammarth, Tunisia from 29 - 31 May 2006, organised by the Mediterranean Oil Industry Group (MOIG). Sixty-five participants representing the various members of MOIG attended the workshop, which was part of a MOIG's regular training program to enhance preparedness and response to oil spill incidents in the Mediterranean region. The programme included presentations on the Italian Government's oil pollution contingency plans and ISPS contingency plans established by one of Italy's largest companies, Eni S.p.A.
The IOPC Funds' Claims Managers dealt with oil pollution liability and compensation and conducted a tabletop exercise for the participants to enhance the understanding of claims presentation and assessment. This item of the workshop was well received with many of the participants expressing their appreciation for the knowledge gained vis-à-vis the international oil pollution compensation regime. Emphasis was also placed on the 1992 Fund's contribution system, which was of interest to some of MOIG's members who are contributors to the IOPC Funds.
The ISPS discussions centred on shipboard and terminal response to security threats and the preventive measures put in place to reduce these threats.
Training course in Malta
A training course on the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 and related Conventions was held in Malta, organised by the International Maritime Organization and REMPEC (Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea. The training course was attended by representatives of Albania, Algeria, Bosnia and Herzegovina, Croatia, Cyprus, Egypt, France, Greece, Israel, Italy, Jordan, Lebanon, Libyan Arab Jamahiriya, Malta, Monaco, Morocco, Serbia and Montenegro, Slovenia, Syria, Tunisia and Turkey as well as representatives of Palestine.
The Head of the Claims Department, Mr José Maura, gave a presentation on the international compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention.
Of the countries represented, Albania, Algeria, Croatia, Cyprus, France, Greece, Israel, Italy, Malta, Monaco, Morocco, Slovenia, Tunisia and Turkey are members of the 1992 Fund. The other countries confirmed that they intended to ratify the 1992 Fund Convention in the near future.
Oil Pollution 2006 Conference – London
On 8 May 2006 the Deputy Director participated in the Oil Pollution 2006 Conference in London, which was attended by representatives from the oil, shipping and marine insurance industries. The title of his presentation was ‘The International regime on Liability and Compensation for Oil Pollution Damage – recent Developments’.
Seminar in Gabon
A seminar and workshop on maritime legislation and oil pollution preparedness, response and cooperation, organised by IMO and IPIECA (International Petroleum Industry Environmental Conservation Association) for the countries of the West and Central Africa Region (WACAF), was held in Libreville (Gabon) from 24 to 28 April 2006. The seminar and workshop were attended by representatives of Angola, Benin, Cameroon, Cape Verde, Republic of Congo, Côte d'Ivoire, Democratic Republic of Congo, Gabon, the Gambia, Ghana, Guinea Bissau, Republic of Guinea, Mauritania, Namibia, Nigeria, Senegal, Sierra Leone and Togo.
The Head of the Claims Department, Mr José Maura, gave a number of presentations on the international compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention.
Lecture at the International Maritime Law Institute in Malta
The Legal Counsel, Mr Masamichi Hasebe, gave lectures to the students at the IMO International Maritime Law Institute on 6 and 7 April 2006 on "Recent Developments within the International Compensation Regime". The lectures were attended by 31 students from 22 countries.
Visit to Ireland
On 3 April 2006 the Director met senior civil servants in the Irish Ministry of Transport for discussion of matters relating to the international compensation regime and the preparation for the entry into force of the HNS Convention.
At the invitation of the Irish Maritime Law Association and the Irish Institute of Marine Underwriters the Director made a presentation on recent developments within the international compensation regime. He dealt with in particular the Funds' policy as regards the admissibility of claims for pure economic loss and recent judgements on such claims rendered in France in the context of the Erika incident, the establishment of the Supplementary Fund and the voluntary industry agreements STOPIA 2006 and TOPIA 2006.
Seminar in Colombia
A seminar on maritime legislation was held in Bogota (Colombia) and organised by ROCRAM (Red Operativa de Cooperacion Regional de Autoridades Maritimas de Sudamerica), which develops regional cooperation between the maritime authorities in South America. The seminar was attended by representatives of Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, Mexico, Panama, Paraguay, Peru, Uruguay and Venezuela.
The Head of the Claims Department, Mr José Maura, gave a number of presentations on the international compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention.
Of the countries represented Argentina, Colombia, Mexico, Panama, Uruguay and Venezuela are Members of the 1992 Fund. The other countries confirmed that they intended to ratify the 1992 Fund Convention in the near future.
Interspill 2006 Conference:
Changing energy patterns,
changing spill risks
London, UK
Interspill 2006 Conference:
Changing energy patterns,
changing spill risks
London, UK
Between 21 and 23 March 2006 the IOPC Funds participated in Interspill 2006, an international conference and exhibition on spill prevention and response at sea and on inland waters. The event was held at ExCel located at the Royal Victoria Dock in London. This was the first such conference supported by the IOPC Funds through representation on the organising and programme committees. It was also the first occasion on which the IOPC Funds had their own stand at the exhibition along with 140 other exhibitors. Some 1 300 participants from 71 countries attended the conference and exhibition.
The conference ran parallel sessions covering marine transportation, exploration and production, inland spills and waste management as well as scientific developments. The Deputy Director chaired a session on legislation and policy in the maritime transportation sector and the Director presented a paper on compensation regime developments. Included in the same session were presentations on the role of P&I Clubs in raising shipping standards and a review of the HNS and Bunker Conventions. Other presentations focused on the lessons learned from past major incidents, which had led two countries (United Kingdom and Australia) to delegate responsibility for the command and control of major maritime casualties to a single government representative who would be given wide-ranging responsibilities and be free from political interference. One session addressed the issues of potentially polluting wrecks in marine waters and the role of the salvor in reducing environmental damage.
Prior to the conference and exhibition the IOPC Funds ran a one-day claims workshop, which was attended by 23 participants from the public and private sector.
Workshop in Guatemala
The Head of the Claims Department, Mr José Maura participated in a Workshop in Guatemala on 8 and 9 March 2006 organised by IMO, UNEP and IMO’s office in the Caribbean on oil pollution response and cooperation, which was attended by some 20 participants from Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama. Mr Maura made presentations explaining the legal framework of the international compensation regime established by the 1992 Civil Liability and Fund Conventions.
Of the countries represented only Belize is a member of the 1992 Fund. It was confirmed that all the other States represented intended to ratify the 1992 Fund Convention in the near future.
International Salvage Union Lecture
On 8 March 2006 the Director made a presentation on "Compensation for Pollution Prevention and Damage Mitigation: the Policy of the IOPC Funds" at the International Salvage Union Associate Members' Day in London. Some 90 persons from the salvage industry attended.
The Director explained under what circumstances salvage operations would be considered as "preventive measures", ie measures to prevent or minimise pollution damage, and therefore qualifying for compensation under the 1992 Civil Liability Convention and the 1992 Fund Convention. If the primary purpose of such operations is to prevent pollution damage, the costs incurred qualify in principle for compensation under the 1992 Conventions. However, if salvage operations have another purpose, such as saving the ship and/or the cargo, the costs incurred are not accepted under the Conventions. If the operations are undertaken for the purpose of both preventing pollution and saving the ship and/or the cargo, but it is not possible to establish with any certainty the primary purpose, the costs are apportioned between pollution prevention and salvage. The assessment of claims for the costs of preventive measures associated with salvage is not made on the basis of the criteria applied for determining salvage awards, but the compensation is limited to costs, including a reasonable element of profit.
University of Southampton Lecture
On 8 March 2006 the Director gave a lecture on the international compensation regime to students at the Masters degree course at the Institute of Maritime Law, University of Southampton.
Petroleum Association of Japan
Oil Spill Symposium 2006
Mr Masamichi Hasebe, Legal Counsel participated in the Petroleum Association of Japan Oil Spill Symposium 2006 held in Tokyo on 23 and 24 February 2006. Some 200 delegates from the Japanese Coast Guard and the oil and shipping industries attended. He made a presentation under the title “The International Regime on Liability and Compensation for Oil Pollution Damage”, explaining the general structure of the regime and gave an update on the voluntary compensation package established by the International Group of P&I Clubs (STOPIA/TOPIA 2006). He also gave information on developments within the European Union in particular as regards “The Third Maritime Safety Package” proposed by the European Commission.
Lecture at Japan P&I Club
Mr Masamichi Hasebe, Legal Counsel gave a lecture at the Japan P&I Club in Tokyo on 22 February 2006 regarding the voluntary compensation package in the form of STOPIA/TOPIA 2006 established by the International Group of P&I Clubs. He explained the background to these agreements in the context of the consideration within the 1992 Fund of a possible revision of the 1992 Conventions. Some 20 Japanese shipowners attended the lecture.
Workshop on HNS and Bunker Conventions
The European Maritime Safety Agency (EMSA) held a workshop on 21 February 2006 on the ratification and implementation of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention) and the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention). The purpose of the workshop was to promote ratification of these Conventions by the European Union Member States.
The IOPC Funds Director, Mr Måns Jacobsson, made a presentation on the subject, "Why is the HNS Convention necessary". Ms Catherine Grey, Head of External Relations and Conference Department made two presentations, one on "How will the HNS Convention operate" and the other on the system developed by the IOPC Funds to assist States in fulfilling their obligations to report receipts of contributing cargo under the HNS Convention (the HNS Convention Contributing Cargo Calculator). Various aspects of the HNS Convention and the Bunker Convention were dealt with by other speakers.
EU Institute Japan Seminar
Mr Masamichi Hasebe, Legal Counsel participated in the EU Institute Japan Seminar held at Kobe University on 20 February 2006. Some 40 persons attended, mostly university professors and students. Mr Hasebe gave information on recent developments in the international oil pollution compensation regime under the 1992 Civil Liability Convention and the 1992 Fund Convention. He also informed the Seminar on the European Union’s initiatives after the Erika and Prestige incidents and on “The Third Maritime Safety Package” proposed by the European Commission in November 2005.
CMI Colloquium – Cape Town, South Africa
The Director participated in a Colloquium organised by the International Maritime Committee (Comité Maritime International, CMI) held in Cape Town (South Africa) from 13 to 15 February 2006. Some 250 maritime lawyers from 28 countries attended the Colloquium.
Claims Workshop in Lagos, Nigeria
In February 2006 Mr Joe Nichols, Deputy Director/Technical Adviser and Capt Patrick Joseph, Claims Manger, participated in a three day claims workshop in Lagos, Nigeria organised by the Federal Ministry of Transport. The workshop, which was attended by 50 participants from the public and private sector, was part of a public awareness programme on IOPC Fund issues initiated by the Nigerian Government. The workshop programme included a presentation by a member of the recently formed National Standing Committee on IOPC Fund matters in Nigeria. The main terms of reference of the Committee are to ensure Nigeria’s full compliance with its obligations under the compensation Conventions and its active participation in meetings of the Funds’ governing bodies. The Committee has initiated, amongst other things, the establishment of an oil pollution compensation claims management system, which is aimed at ensuring that potential victims of pollution incidents in Nigeria are familiar with the Conventions and procedures for presenting claims for compensation. Following the success of the national workshop, Nigeria is now considering hosting a regional claims workshop for representatives from neighbouring States that could be affected by a trans-boundary pollution incident.
Lecture at the University of Edinburgh, United Kingdom
The Director gave a lecture at the University of Edinburgh on 1 February 2006 on the environmental aspects of the international regime on liability and compensation for oil pollution from ships, as part of a series of lectures at the University on environmental issues given by guest lecturers.
Lecture at the University of Wales Swansea, United Kingdom
On 24 January 2006 the Director gave a lecture on the legal and political aspects of the international regime on liability and compensation for ship-source oil pollution damage at the University of Wales Swansea. It was attended by some 80 persons, including academics and persons from the private and public sectors.
Training course in Barbados
In the week of 23 January 2006 the IOPC Funds' Legal Counsel, Mr Masamichi Hasebe, participated in a training course organised by the Regional Marine Pollution Emergency Information and Training Center Wider Caribbean (RAC/REMPEITC-Carib) in Barbados and gave a lecture on liability and compensation. He also made a presentation in a seminar on claims presentation and handling. Some 20 persons attended, most of them senior government officials from Barbados, Curaçao (Netherlands Antilles), Grenada, St Lucia, St Vincent and the Grenadines and Trinidad and Tobago.
Workshop in Israel
Capt Patrick Joseph and Miss Chiara Della Mea, the Funds’ Claims Managers, participated in an Oil Spill Claims Workshop in Haifa, Israel from 17-19 January 2006. The workshop was organised by the Administration of Shipping and Ports, Ministry of Transport, Israel. A large number of persons representing various Ministries and the oil industry participated in the workshop. As Israel became a Member of the 1992 Fund in late 2005, the participants showed keen interest in understanding the workings of the international oil pollution compensation regime.
Workshop in Libya
At the beginning of January 2006 the Deputy Director/Technical Adviser, Mr Joe Nichols, attended a workshop on Health, Safety and the Environment organised by the Libyan National Oil Company in Tripoli, Libya. Some 60 representatives from national and international oil companies attended the workshop. Mr Nichols made a presentation on the international compensation regime and the benefits of becoming parties to the 1992 Civil Liability and Fund Conventions. Libya, as a major oil exporter and with exports due to increase in the future, is considering ratifying the 1992 Conventions in the near future.
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Seminar in Shanghai
On 8 December 2005 an international seminar was held in Shanghai on Tanker Safety, Pollution Prevention and Spill Preparedness, which had been organised by the International Tanker Owners Pollution Federation Ltd (ITOPF), the International Association of Independent Tanker Owners (INTERTANKO) and the Oil Companies International Marine Forum (OCIMF). The Seminar had attracted some 130 participants, mainly from China.
The Director made a presentation on recent developments in the international compensation regime where he dealt in particular with issues of special interest to China. In his presentation he made the point that the 1992 Conventions had the character of uniform law and that therefore States which had ratified them were not allowed to deviate from the Conventions by means of national legislation. He also emphasized the importance of uniform application of the Conventions worldwide. In relation to the concept of pollution damage, he stated that the 1992 Conventions did not allow compensation to be calculated on the basis of theoretical formulae and that, as regards impairment of the environment, the Conventions explicitly limited compensation to loss of profit resulting from such impairment and to reasonable costs of reinstatement actually taken or to be undertaken. The Director also took part in a panel discussion on post-spill studies were he addressed the possibilities of obtaining compensation for the costs of such studies under the 1992 Civil Liability Convention and the 1992 Fund Convention.
Lecture at Shanghai Maritime University
On 5 December 2005 the Director gave a lecture on the international compensation regime at Shanghai Maritime University. The lecture was attended by some 150 students.
Seminar in Sweden
The Director was the main speaker at a Seminar organised in Stockholm, Sweden, on 22 November 2005, with the purpose of familiarising the various Swedish agencies which would be involved in major oil spills with the international compensation regime. The Seminar addressed the legal issues as well as issues relating to claims handling. Dr Tosh Moller, Managing Director of the International Tanker Owners Pollution Federation Limited (ITOPF), gave a presentation on the technical aspects of oil spills. The Seminar was attended by some 20 persons from various Swedish Ministries and agencies.
On 22 November, the Director gave a presentation on the developments in the international compensation regime at a meeting in Stockholm of the Swedish Maritime Law Association.
Workshop in Namibia
On 8 and 9 November 2005, a Claims Workshop was held in Walvis Bay, Namibia in which participated the IOPC Funds' Deputy Director/Technical Adviser, Mr Joe Nichols, and Ms Chiara della Mea, Claims Manager. The purpose of the Workshop, which was attended by 20 participants from the public and private sector, was to increase the awareness in Namibia of the international compensation regime. The main focus of the Workshop was on the submission and assessment of claims for compensation for pollution damage. The Workshop culminated in a desk-top exercise during which the participants calculated rates for pollution combating equipment, dealt with a theoretical oil spill in Walvis Bay and then prepared a claim for compensation for the cost of the response.
General Assembly of CPRM
The Director of the IOPC Funds, Mr Måns Jacobsson, attended the General Assembly of the Conference of Peripheral Maritime Regions of Europe (CPRM), held from 2 to 4 November 2005 in Madeira. The Assembly was attended by some 350 delegates from a number of maritime regions. The President of the European Commission, Mr José Manuel Durao Barroso, addressed the Assembly.
The Director made a presentation in which he set out recent developments within the international compensation regime of special interest to maritime regions in Europe. In his presentation he emphasized the importance of strengthening the relationship between the Funds and representatives of the regions in Europe which could be affected by a major tanker oil spill in order to facilitate claims handling and to speed up compensation payments.
Seminar in Syria
The Head of the Claims Department, Mr José Maura, attended a Seminar held from 31 October to 2 November 2005 in Syria, dealing with the international compensation regime. The Seminar was attended by some 30 representatives from various Syrian Ministries and Agencies. Syria has ratified the 1992 Civil Liability Convention which will enter into force for Syria on 22 February 2006. Syria has not ratified the 1992 Fund Convention but is considering accession to it in the very near future.
Seminar in Rome
At the invitation of the Italian Government and the Italian shipping and oil industries, the Director, Mr Måns Jacobsson, and Ms Catherine Grey, Head of the Funds' Conference and External Relations Department, lectured at a Seminar held in Rome on 3 October 2005 dealing with the international oil pollution liability and compensation regime set up by the 1992 Civil Liability Convention and the 1992 Fund Convention as well as with the regime which will be established when the 1996 International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention) enters into force. Some 50 persons from various Italian Ministries and agencies and from the industries concerned attended the Seminar.
International Chemical and Oil Pollution Conference and Exhibition (ICOPCE)
The IOPC Funds' Deputy Director/Technical Adviser, Mr Joe Nichols, participated in the ICOPCE Conference which was held in Singapore from 28-30 September 2005 and was attended by some 380 persons from 20 countries and made a presentation on "a global approach to liability and compensation for tanker oil spills."
In connection with the Conference, Captain Patrick Joseph, IOPC Funds' Claims Manager, acted as Resource Person in a Workshop on Claims and Compensation organised by the Maritime Port Authority of Singapore. The Workshop was attended by 45 participants from Indonesia, Malaysia and Singapore.
International Bar Association Conference
Mr Måns Jacobsson, the IOPC Funds' Director, participated in the International Bar Association (IBA) Conference held in Prague from 26-30 September 2005, where he made a presentation on the international compensation regime to the Maritime Law Section of the IBA.
Exercise Balex Delta 2005
Lecture at the World Maritime University
The Director gave a lecture on the international compensation regime and the International Oil Pollution Compensation Funds to second-year students at the World Maritime University in Malmö, Sweden on 4 August 2005.
Ocean Security Initiative Conference in Libya
The Director participated in the Ocean Security Initiative Conference organised by the Advisory Committee on the Protection of the Sea (ACOPS) in cooperation with Gaddafi International Foundation for Charity Associations, which was held in Tripoli, Libya, from 23-25 July 2005. Some 250 persons from 25 States attended the Conference. The Conference dealt with environmental issues in a very wide sense, with particular emphasis on the situation in the Mediterranean.
Lecture at Dalian Maritime University
On 11 July 2005, the Director gave a lecture on the international compensation regime at the Dalian Maritime University, which as regards some international aspects is a branch of the World Maritime University in Malmö (Sweden). The lecture was attended by some 80 persons, the levels of whom ranged from professors, postgraduate students and researchers to undergraduates.
Search and Rescue Exercise, Shanghai
On 7 July 2005, the Director attended a major exercise organised by the Chinese Maritime Safety Agency in which participated more than 20 vessels and some 500 persons, including ships and personnel from Japan, the Republic of Korea and the Hong Kong Special Administrative Region. The exercise included search and rescue, fire fighting and oil pollution response.
Visit to Brazil
Centenary Conference of the Argentinian Maritime Law Association
The Director attended the Centenary Conference of the Argentinian Maritime Law Association in Buenos Aires where he made a presentation on recent developments in the international regime of liability and compensation for oil pollution damage. The Conference, which took place from 8-10 June 2005, gave the Director the possibility to make contacts and discuss matters of common interest with a number of lawyers from various Latin American countries.
Visit to Uruguay
Workshop in Malaysia
Symposium in the Republic of Korea
BIMCO Centenary General Meeting
International Oil Spill Conference 2005
The Director, Mr Måns Jacobsson, the Deputy Director/Technical Adviser, Mr Joe Nichols, and Mr Miles Morgan, IT Administrator, attended the International Oil Spill Conference 2005 which took place in Miami, USA from 15-19 May 2005 with some 2,000 participants from 50 countries. The Director made a presentation on recent developments within the international compensation regime. Mr Nichols presented a paper, of which he was co-author with Mr Morgan, on the sharing of the financial burden between the shipping and oil industries under the international compensation regimes.
Oil Spill Preparedness, Response and Cooperation
Central America Regionalisation Workshop
The Legal Counsel, Mr Masamichi Hasebe, attended this Workshop in Panama on 13 April 2005. Mr Hasebe made a presentation on "Recent Developments within the International Compensation Regime" and contributed to the drafting of the "Roadmap" (proposal for a Regional Cooperation framework for Oil Spill Preparedness and Response in Central America) and a "National Plan Study" report regarding the Oil Spill Contingency Plans of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.
Lectures at the International Maritime Law Institute in Malta
The Legal Counsel, Mr Masamichi Hasebe, gave two lectures to the students at the International Maritime Law Institute on 31 March and 1 April 2005 on "Recent Developments within the International Compensation Regime" and "Recent Litigation involving the IOPC Funds."
Visit to Japan
The Director gave a lecture on “The significance of the third tier Supplementary Fund and the on-going review of the international compensation regime” at the Petroleum Association of Japan (PAJ) Oil Spill Symposium which took place on 24-25 February 2005 in Tokyo, Japan. More than 200 people from both the public and private sectors participated in the Symposium.
Oil Spill Exercise - Isle of Lewis, Scotland
Captain Patrick Joseph (Claims Manager), Ms Chiara Della Mea (Claims Manager) and Ms Ana Cuesta (Claims Administrator) took part in an oil spill exercise in the Isle of Lewis, Scotland between 22-24 February 2005. The exercise which was organised by the UK Maritime and Coast Guard Agency was aimed at testing the National Contingency Plan for response to an oil pollution incident. The exercise was based on an incident at sea involving the release of oil cargo from a tanker transiting the western coast of the Isle of Lewis in Scotland. A successful co-ordination was established between the Fund and the Agency personnel that play a role within the National Contingency Plan.
Lecture to Belgian Maritime Law Association
The Director gave a lecture on recent developments in the international regime of liability and compensation for oil pollution damage to the Belgian Maritime Law Association in Antwerp, Belgium on 17 February 2005.
Visit to the Islamic Republic of Iran
At the invitation of the Iranian Government, the Director visited the Islamic Republic of Iran for discussions with the Iranian authorities on 22 and 23 January 2005 relating to Iran’s consideration of ratification of the 1992 Civil Liability and Fund Conventions. He had meetings with the Deputy Minister of Roads and Transportation and with a number of senor civil servants and the Chairman of the competent committee of the Islamic Consultative Assembly as well as with representatives of the National Iranian Oil Company and the National Iranian Tanker Company. He also gave a lecture on the international compensation regime to an audience of invited representatives of various interest groups.
