Page 8 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition

The International Oil Pollution Compensation Funds
are two intergovernmental organisations (the 1992

Fund and the Supplementary Fund) which provide

compensation for oil pollution damage resulting
from spills of persistent oil from tankers.
introduction

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This Claims Manual is a practical guide to presenting claims against the 1992 Fund. It was first adopted by
the 1992 Fund Assembly in 1998. This is the 6th edition and incorporates the latest amendments adopted
in April 2016. The Manual was developed in accordance with the provisions of the 1992 Civil Liability
Convention (1992 CLC) and the 1992 Fund Convention and would also be applicable in the event of
an incident involving the Supplementary Fund.

Compensation is only available in respect of claims that fulfil specific criteria. This Manual, adopted by the
1992 Fund Assembly, is designed to assist claimants by giving a general overview of the Fund’s admissibility
criteria. It does not address legal issues in detail and should not be seen as an authoritative interpretation of
the relevant international Conventions.

The Manual is divided into three Sections.
• Section 1 briefly describes the compensation regime and how the 1992 Fund works.

• Section 2 contains general information on how claims for compensation should be submitted.
It sets out the 1992 Fund’s policy on handling claims and paying compensation.

• Section 3 provides more specific information to assist claimants in presenting their claims and is divided
into six parts, each dealing with one of the main categories of claim covered by the compensation
regime, namely:
• clean up and preventive measures
• property damage
• economic loss in the fisheries, mariculture and fish processing sectors
• economic loss in the tourism sector
• measures to prevent pure economic loss
• environmental damage and post-spill studies