Embed Size (px)
Citation preview
INTERNATIONALOIL POLLUTION
COMPENSATION FUND
ANNUAL REPORT 1983
1 ADMINISTRATIVE ACTIVITIES1.1 General
The calendar year 1983 was a busy period for the IOPC Fund and itsSecretariat. It was characterised by a heavy workload stemming from theIOPC Fund's efforts to finalise the settlement of claims arising out of theTANIO incident and from the legal actions taken by the IOPC Fund andother claimants against the owner of the TANIO and other personsresponsible for the incident. In addition, considerations regarding therevision of the Civil Liability Convention and the Fund Convention, thepreparation of which was formally concluded in the Legal Committee ofIMO in autumn 1983, required the Director and his staff to be deeplyinvolved in deliberations at various formal and informal meetings.
1.2 MemDersTwo more States acceded to the Fund Convention during 1983, bring
ing the total number of Member States to 28, as at 31 December 1983. TheFund Convention entered into force for Fiji on 2 June 1983 and forSri Lanka on 11 July 1983. In addition, an instrument of accession wasdeposited by the United Arab Emirates on 15 December 1983; the Convention will enter into force for this State on 14 March 1984. Several otherStates are in the process of implementing the Fund Convention into theirnational law; so it can be expected that more States will join the FundConvention in the near future. It is especially encouraging that a Billallowing the ratification of the' Fund Convention by the United States wasintroduced in the US Congress in 1983. The membership of this majorreceiver of oil would considerably lower the share of contributions ofindividual contributors in Member States and thereby facilitate the ratification of the Fund Convention by more States.
The Secretariat continued in its efforts to promote membership of theFund Convention. The Director and the Legal Officer went on missions tothe Member States of Gabon, Kuwait and the Syrian Arab Republic andalso visited Bahrain, Poland and Mexico. These visits offered usefulopportunities to explain the activities of the IOPC Fund to senior officialsof the relevant authorities. In JUly the Central American Regional Seminar on Marine Pollution in Guatemala City, which was attended by morethan 60 representatives from Central American States, was addressedby the Legal Officer with a lecture on the Fund Convention. As inprevious years, a paper was presented, this year by the Legal Officer, at
MEDIPOL 1983, a training course for representatives of the Mediterranean countries. During the 13th session of the Assembly of IMO, theDirector, with the kind assistance of the Secretary-General of IMO,invited delegates of the Assembly to an informal meeting at which heexplained the operations of the IOPC Fund.
1.3 Assembly and Executive CommitteeThe Assembly held its sixth session from 28 to 30 September 1983. Mr J
Bredholt (Denmark) was re-elected as Chairman of the Assembly. TheExecutive Committee, under its Chairman MrJ Perrett (United Kingdom),held its ninth session from 26 to 28 April 1983 and its tenth session from26 to 29 September 1983; its eleventh session was held on 30 September1983 under the newly elected Chairman, Mr H Muttilainen (Finland). Themost significant decisions taken at these sessions were as follows.
1.3.1 Assembly(a) Following the External Auditor's report, certifying the correctness of
the IOPC Fund's financial statements, the Assembly approved theaccounts for the financial period ended 31 December 1982.
(b) The Assembly reappointed Dr R H Ganten as the Director of the IOPCFund for another period of one year, ending 31 December 1984.
(c) The following Member States were elected members of the ExecutiveCommittee to hold office until the end of the next regular session ofthe Assembly: Algeria, Bahamas, Finland, Gabon, Germany (FederalRepublic of), Italy, Japan, Liberia, the Netherlands and Spain.
(d) The Assembly adopted the budget appropriations for the financialperiod 1984 with an administrative expenditure of £295 100.
(e) The Assembly agreed, in accordance with Article 5.4 of the FundConvention, to replace the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended in 1962, by theInternational Convention for the Prevention of Pollution from Ships,1973, as amended by the 1978 Protocol (MARPOL 1973/78), witheffect from 1 July 1984.
(f) The Assembly adopted amendments to the Internal, Financial andStaff Regulations.
1.3.2 Ninth Session of the Executive CommitteeThe ninth session of the Executive Committee was devoted to discus
sing the claims arising out of the TANIO incident and the legal actionstaken by the IOPC Fund against the owner of the TANIO and other partiesresponsible for the incident. The Committee approved the claims presented by the French Government, which account for more than 90% ofthe total amount of all claims. It accepted the agreement reachedbetween the French Government and the Director that, for the purpose ofdistributing the amount of compensation available under the Fund Convention, the French Government's claim amounts to FFr326 921 937. Thissettlement is without prejudice to the Government's right to maintain the
total amount of its original claim in its action against the owner and otherpersons for the recovery of damage that will remain uncompensatedunder the CLC and Fund Convention. The Executive Committee also tooknote of the detai led report of the Director and the IOPC Fund's lawyers onthe legal action taken by the IOPC Fund against the owner of the TANIOand other parties.
1.3.3 Tenth Session of the Executive CommitteeWith respect to the TANIO incident, the Executive Committee approved
the settlements of claims reached between the Director and most of theremaining claimants. The Executive Committee authorised the Directorto agree final settlements on the claims still outstanding, in order to allowfor the distribution of as much of the compensation available under theFund Convention as possible.
The Executive Committee noted with satisfaction that, with the settlements of claims now approved and after the payment of compensation tobe made in February 1984, it will have been possible to finalise thesettlement of claims in respect of one ofthe largest oil pollution incidentsthat has ever occurred, within less than four years of the incident andwithin only one and a half years of the majority of the claims, supportedby about 25 000 documents, being received.
The Executive Committee approved and took note of settlements ofclaims in respect of other incidents agreed by the Director, as specified inChapter 2 below. Special attention was paid to the ONDINA incident,regarding which the Director had reached agreement on the settlementof most of the claims made.
1.3.4 Eleventh Session of the Executive CommitteeMr H Muttilainen (Finland) was elected Chairman of the Executive
Committee. The Committee continued its discussion of a few remainingissues concerning the settlement of the TANIO incident. The Directorwas authorised to make final agreement on the claim made by theUK P&l Club. It was also decided that the lope Fund would pay compensation to claimants on 15 February 1984.
1.4 Accounts of the IOPC FundThe financial statements for the period ended 31 December 1982, as
certified by the External Auditor, showed administrative expenses of£204 845. Payments for claims and miscellaneous expenses in 1982regarding pollution incidents amounted to £631 350. The IOPC Fund'scontingent liabilities as at 31 December 1982 with respect to pollutionincidents were estimated at £28 290 122. The balance sheet of the IOPCFund as at 31 December 1982 is at Annex I.
1.5 ContributionsThe Assembly decided to levy 1983 annual contributions in the amount
of £1 million for the general fund, £20 million for the TANIO major claimsfund and £3 106000 for the ONDINA and FUKUTOKU MARU NO. 8 majorclaims funds. The amounts payable by each contributor per tonne ofcontributing oil received were £0.0011931 for the general fund (based on
the quantities of oil received in 1982), £0.0211079 for the TANIO majorclaims fund (based on 1979 oil receipts) and £0.0037776 for the ONDINAand FUKUTOKU MARU NO. 8 major claims funds (based on 1981 oilreceipts). No substantial partofthese contributions had been received by31 December 1983, since the payments were not due until 15 January1984. The share of annual contributions to be paid with respect to eachMember State is shown in Annex 11.
1.6 Revision of Civil and Fund ConventionsThe Secretariat of the IOPC Fund continued to participate actively in
the discussions within the Legal Committee of IMO on the revision of theCivil Liability Convention and the Fund Convention. The Director submitted to the Legal Committee, in his personal capacity, several proposalsfor provisions to be included in the draft protocols. He hosted two informal meetings in London in which a great number of government representatives and interested organisations participated and whichassisted the Legal Committee considerably in finalising its discussionson draft protocols to the CLC and the Fund Convention at its 51 st sessionin September 1983. The Director was requested by the IOPC Fund'sAssembly to submit to the Diplomatic Conference to be held in April/May1984, his personal proposals with respect to provisions regarding theadministration of the new Fund Convention.
1.7 PersonnelWith the employment of a messenger, the IOPC Fund now employs
seven fu II-time staff mem bers.
2. Settlement of claimsRemarkable progress was made in the settlement of claims in 1983.
With the TANIO and the ONDINA incidents in the final stages of beingsettled, only one major incident remains unsettled, namely the TARPENBEKincident. As a result of these settlements, the 1983 annual contributionstotalling £24 million were the highest levied by the IOPC Fund so far.
There were six new incidents in 1983 which may give rise to claimsagainst the IOPC Fund. Of these six, the CASTILLO DE BELLVER (SouthAfrica), the SIVAND (United Kingdom) and the MONEMVASIA (Indonesia)incidents might have caused catastrophic disasters with the quantity ofoil spilled exceeding several thousand tonnes in each incident, had it notbeen for the fortuitous meteorological and geographical conditionswhich saved the nearby coasts from disastrous pollution damage.
The following details relate to claims against the IOPC Fund which arestill pending. The conversion of foreign currencies into £ Sterling is as at31 December 1983, except for those claims in respect of which paymenthas already been made; in respect of the latter, the conversion on thedate of payment is used. A summary of all incidents with which the IOPCFund has so far been dealing is at Annex Ill.
2.1 TARPENBEK(United Kingdom, 21 June 1979)The German tanker TARPENBEK (999 GRT), loaded with about 1 600
tonnes of lubricating oil, collided with the Royal Fleet auxiliarySIR GERAINT off Selsey Bill, England, and subsequently capsized. In atechnically difficult operation the cargo oil was pumped out of thecapsized ship and the ship was later parbuckled. A small spill of nonpersistent bunker oil was observed during the pumping and parbucklingoperation. It is in dispute whether persistent cargo or lubricating oil wasspilled from the TARPENBEK.
The owner of the TARPENBEK undertook the pumping, parbucklingand towage operations. The United Kingdom Government and localCouncils carried out various measures to prevent a possible spill of oilwhich could have caused damage to beaches or the marine environment.Because of the lack of decisive evidence of an actual spill of persistent oilafter the collision, the Director was not able to accept the claims made bythe shipowner, the UK Government and local authorities. The claimantssubsequently issued writs against the IOPC Fund in the High Court ofJustice in England. The owner specified in his claim the expenses incurred by him at £594 358. The UK Government and local authorities claim atotal of £1 177 215 pi us interest.
Through a surveyor, the IOPC Fund carried out extensive investigationsinto the question of whether there was an actual spill of persistent oil.Since it appears impossible to find positive evidence of a particular spillof persistent oil at any particular time, the claims against the IOPC Fundare being contested. The legal proceedings are still pending. No compensation has so far been paid.
2.2 TANIO(France, 7 March 1980)The Malagasy tanker TANIO (18 048 GRT), carrying 26 000 tonnes of
fuel oil, broke amidship in heavy weather conditions off Brittany, France.About 13 500 tonnes of cargo oil spilled from the wreck. More than 200kilometres ofthe Brittany coast were poll uted by the spilt oil; the ChannelIslands were also affected. The stern section, with about 7 500 tonnes ofcargo aboard, remained afloat and was towed to the port of Le Havre. Thebow section, with about 5 000 tonnes of cargo oil on board, sank to adepth of 90 metres. The oil contained in the sunken bow section had to bepumped out in order to prevent further pollution from the wreck.
Claims for compensation were submitted by nearly one hundredclaimants, and the total sum of these claims amounted to FFr517 248 887plus £39 483 plus US$878 608 (totalling £43 498 885). The biggest claimwas from the French Government accounting for more than 90% of thetotal sum. This claim consisted of expenses for pumping the oil from thesunken bow section, clean-up operations, and for compensation paid bythe French Government to victims for their loss of earnings. Claims fromlocal authorities related to the costs of clean-up work, road repairs,beach restoration and to the loss of earnings of municipal camping sites.Private persons submitted claims for the loss of earnings in their businesses. The shipowner's insurer claimed for expenses incurred for thesurvey of the sunken fore section and a provisional sealing of holes in thewreck. The total amount of claims considerably exceeds the limit ofcompensation available under the Fund Convention. This limit has been
calculated as at the date of the constitution of the shipowner's limitationfund; it amounts to FFr244 746 000 (£20 277 216), including the shipowner's liability under the CLC of FFr11 833718 (£980424) plus interest.
The Director negotiated with the claimants on the settlement of theirclaims. The Executive Committee discussed the claims and the settlements reached by the Director at its sixth, seventh, ninth and tenthsessions. In the course of these discussions, the Executive Committeetook certain important decisions on the admissibility of claims. Itapproved as admissible claims for" pollution damage", costs for therestoration of contaminated areas and for the repair of damages causedto roads, dunes etc during the clean-up operations. It also accepted ascompensable the economic loss suffered by the tourist industry whichwas directly hit by the contamination of the beaches. The table inAnnex III shows the accepted and outstanding claims as at 31 December1983.
With regard to the outstanding claims, the Executive Committeeauthorised the Director to finalise settlements. It is expected that theseclaims will be settled soon.
The Assembly decided at its sixth session to levy contributions in thesum of £20 million in order to raise sufficient money for the payment ofcompensation. Payment with regard to claims which have been agreedby that time will be made on 15 February 1984. Since the claims exceedthe compensation available under the Fund Convention, claimants willrecover on Iy about 70% of thei r accepted clai ms.
The IOPC Fund took legal actions against the owner and other partiesin the Civil Court of Brest, France, to recover the money payable to theclaimants. The French Government and other claimants took similaractions to recover that part of their claim which remains uncompensatedunder the Fund Convention. These actions aim to break the limitation ofthe shipowner's liability on the grounds that the incident occurred as aresult of the actual fault or privity of the owner. They are also directedagainst the shipyard which repaired the TANIO only a few months beforethe incident, the Classification Society and other organisations involvedin the operation of the TANIO.
2.3 JOSE MARTI(Sweden, 7 January 1981)The USSR tanker JOSE MARTI (27706 GRT), carrying 40000 tonnes of
heavy fuel oil, grounded in a narrow channel near Dalar6, Sweden. About1 000 tonnes of cargo oil were lost and polluted the Stockholm Archipelago. The clean-up operations by the Swedish authorities resultedin a claim by the Swedish Government amounting to SKr19 296 000(£1 661 300). In addition, two private persons claimed for SKr850 000(£73181). The ship's limitation fund under the Civil Liability Convention,amounting to about SKr20 million (£1 721 911), has not yet been estab-lished. •
In the Iitigatiofl 'commenced by the Swedish Government against theowner of the JOSE MARTI, the owner maintains that he has no liability forthe pollution damage because the incident was wholly caused by thenegligence of the Swedish Government in'maintaining navigational aids.
The IOPC Fund is awaiting the final judgement in these proceedingsbetween the owner and the Swedish Government, since the IOPC Fund'sliability towards the Swedish Government depends on whether and, if so,to what extent, the incident was caused by the Government's negligence.
GLOBE ASIMI(USSR, 22 November 1981)The Gibraltar tanker GLOBE ASIMI (12 404 GRT), carrying 16 000
tonnes of heavy fuel oil, ran aground and broke up near the port ofKlaipeda, USSR. Several thousand tonnes of cargo oil spilled into theport and later drifted out to sea. The pollution damage caused by theincident was reported to be approximately Rbls813 million (£721 million),but no damage was suffered in the territory of any Fund Member Stateand no claim for compensation of pollution damage was therefore madeagainst the IOPC Fund.
The owner has claimed indemnification from the IOPC Fund, in accordance with Articles 3.2 and 5 of the Fund Convention. Since the shipowner's liability, as limited in accordance with the CLC is Rbls1 350324(£1 198158), the claim for indemnification is Rbls337 581 (£299540). Thisamount will soon be paid to the shipowner or his insurer. The limitationfund, established in the People's Court of Klaipeda, USSR, has beendistributed among the claimants.
2.50NDINA(Federal Republic of Germany, 3 March 1982)The Dutch tanker ONDINA (31 030 GRT) lost oil while discharging her
cargo of crude oil at the Shell storage tanks in the port of Hamburg,Federal Republic of Germany. Between 200 and 300 tonnes of cargo oilwere estimated to have escaped and spread widely inside the harbourarea. The oil had escaped through the vessel's piping systems because ofa defective valve or the mismanipulation of another valve.
Following an administrative order by the Hamburg Environmental Protection Office (BBNU), the owner's insurer undertook the clean-up work,which lasted for ten weeks. BBNU and the P&l Club made claims ofDM20 254 396 (£5 121 212), plus interest, against the IOPC Fund. Thelargest part of this amount is for cleaning the stone embankments, butexpenses for cleaning of ships and dolphins and repair costs for roadsdamaged during the clean-up operations are also included. The owner's'liability under the CLC is DM10 020 306 (£2 533 579).
The Executive Committee, at its tenth session, approved the agreements reached between the Director and the claimants and authorisedthe Director to finalise negotiations on the remaining unsettled items.
Indemnification under Article 5 of the Fund Convention is not payablesince the ship was flying the flag of the Netherlands which was not aMember of the Fund Convention at the time of the incident.
2.6 SHIOTA MARU NO. 2(Japan,31 March 1982)The Japanese tan ker SHIOTA MARU NO. 2 (161 GRT), carrying 300
tonnes of heavy fuel oil, went aground on Takashima Island, Japan.
About 20 tonnes of cargo oil spilled from the fractured tank and pollutednearby coasts and fish farms. Claims amounted to Yen50 650 014(£144 302) for clean-up costs, and Yen26 750 000 (£73 691) for fisherydamage. The IOPC Fund paid compensation in March 1983.
The owner's liability under the CLC amounts to Yen6 304 300 (£17 367).Indemnification to the owner under Article 5 of the Fund Convention willbe paid after the official investigation into the cause of the incident hasbeen finalised and it is established that the incident was not caused bythe owner's personal fault or privity.
2.7 FUKUTOKU MARU NO~ 8(Japan, 3 April 1982)The Japanese tanker FUKUTOKU MARU NO. 8 (499 GRT), carrying 850
tonnes of heavy bunker oil, collided with the gravel carrier KOSHU MARU(486 GRT) in Tachibana Bay, Japan. Damage to a port tank caused a spillof over 85 tonnes of cargo oil resulting in heavy contamination of coastsand intensive fishing areas. The total claims for the clean-up workamounted to Yen211 965 003, and the claims for fishery damage toYen 172 611 192 (totalling £1 001 538). The owner's liability under theCLC amounted to Yen 20 844 440 (£54 282).
Compensation for pollution damage was paid in early 1983.lndemnification to the owner under Article 5 of the Fund Convention will be paidafter the limitation proceedings have formally been finalised.
The official investigation into the cause of the incident has establishedthat the incident was due solely to a navigational error on the part of themaster of the FUKUTOKU MARU NO. 8 and not to the shipowner's personal fau It or privity.
2.8 KIFUKU MARU NO. 35(Japan, 1 December 1982)The Japanese tanker KIFUKU MARU NO. 35 (107 GRT), loaded with 250
tonnes of heavy fuel oil, spilled about 33 tonnes of her cargo oil whilemoored at the quay of the port of Ishinomaki, Japan. The incident wascaused when the ship's stern became lodged under the quay and watergot into the engine room.
The clean-up costs undertaken by the owner amounted to Yen3 801 851(£10084). No third party claims were made against the IOPC Fund. Since thetotal amount of claims arising out of this incident was less than the owner'sliability under the CLC (Yen4 271 560), no compensation was payable by theIOPC Fund. Indemnification to the owner, under Articles 3.2 and 5 of theFund Convention, in the amount of Yen598 181 (£1 587) was paid in June1983:
2.9 SHINKAI MARU NO. 3(Japan, 21 June 1983)The Japanese tanker SHINKAI MARU NO. 3 (48 GRT), loaded with 105
tonnes of heavy fuel oil, spilled an estimated 3.5 tonnes of her cargo oilwhile refuelling the cargo ship AGESHIO MARU in the port of Ichikawa,Japan. The claims for the clean-up operations amounted to Yen886 100(£8577). No claim for fishery damage has so far been made against the IOPC
Fund. The owner's liability under the CLC is Yen1 880940 (£5 590). Compensation and indemnification are likely to be paid soon.
The owner, through his insurer, raised the question of whether, in thecase of an incident such as the SHINKAI MARU NO. 3 which involvedrelatively low claims, it was necessary for the owner to establish a limitation fund in order to allow the claimants to claim compensation from theIOPC Fund. The Executive Committee, at its tenth session, discussed thisissue at some length and agreed that, in this particular case, in view of thedisproportionately high legal costs to establish the limitation fund, compensation could be paid without 'the limitation fund being established.However, the Executive Committee made it clear that this decision wasapplicable to this particular incident only and as an exception to the rulethat the establishment of the CLC limitation fund is required for theowner to limit his liability.
2.10 CASTILLO DE BELLVER(South Africa, 6 August 1983)The VLCC CASTILLO DE BELLVER (138 822 GRT), flying the flag of
Spain, caught fire on 6 August 1983, 70 miles north-west of Cape Town,South Africa. The tanker was carrying 252 000 tonnes of crude oil on avoyage from the Gulf to Spain. As a result of the fire the ship broke in two.The stern section of the ship turned turtle and sank soon after theincident, about 26 miles from the South African coast. An unknownquantity of oil is still contained in the stern section. The bow sectioncontaining an estimated 60 000 tonnes of crude oil was towed away fromthe coast to reduce the risk of further pollution before it was sunk about136 miles from land at a depth of about 800 metres.
As a result of the incident, unknown quantities of oil either burnt orescaped into the sea. Most of the oil which escaped into the sea wasdriven away by wind from the land. Only relatively small quantities of oilreached the land.
South Africa is a Member of the CLC but not of the Fund Convention.The owner is liable under the CLC to cover the pollution damage that mayhave been caused. The IOPC Fund may be liable to pay indemnification tothe owner or his insurer, under Article 5 of the Fund Convention, if theconditions of Article 5 are met. But since the damage does not exceed theshipowner's "net liability" (CLC liability minus indemnification) it isunlikely that a claim for indemnification will be made against the IOPCFund.
2.11 EIKO MARU NO. 1(Japan, 13 August 1983)The Japanese tanker EIKO MARU NO. 1 (999 GRT), loaded with 2459
tonnes of heavy fuel oil, collided with a Panamanian cargo ship,CAVALRY (4827 GRT) in dense fog off Karakuwazaki, Japan. About 357tonnes of cargo oil spilled from the fractured starboard tank. Because ofthe stormy weather due to an approaching typhoon, the spilt oil movedtowards the coast and polluted areas with extensive fishery activities.Expenses for the clean-up work have been agreed at Yen52 726 595
(£156691). The fishery damage has been settled at Yen4 million (£11 887).The limitation amount of the EIKO MARU NO. 1 under the CLC isYen39 445 920 (£117 224).
2.12 SIVAND(United Kingdom, 27 September 1983)The 218 587 dwt tanker SIVAND, flying the flag of Iran, and carrying
about 104000 tonnes of Nigerian crude oil, collided with a jetty at the portof Immingham, United Kingdom. As a result of this collision the ship lostabout 6 000 tonnes of her cargo: The oil slick was immediately treatedwith dispersants which prevented it from causing catastrophic damage.The total damage appears to be below the CLC limitation amount whichis estimated at about £9 million. No claim is likely to be made against theIOPC Fund.
2.13 MONEMVASIA(Indonesia, 18 October 1983)The Greek tanker MONEMVASIA (61 172 GRT), loaded with 120 000
tonnes of crude oil, struck an underwater object off the north-east coastof Bintan Island, Indonesia. Approximately 4 200 tonnes of cargo oil werereported to have leaked from the ruptured tanks. Although the oil slicksonce threatened unspoiled coasts of a nearby island, the main slicks ofthe spilt oil seem to have drifted away from the island into deep water anddispersed naturally as a result of favourable wind conditions. It wasreported that the spill was not likely to have resulted in any significantdamage to the islands. The IOPC Fund was notified by the IndonesianGovernment of a possible claim for pollution damage, but no details haveso far been given.
2.14 KOEI MARU NO. 3(Japan, 22 December 1983)The tanker KOEI MARU NO. 3 (81 GRT), laden with about 100 tonnes of_
heavy oil, collided with the ferry boat ALBIREO in the port of Nagoya,Japan. As a result of this collision the tanker capsized and spilled about50 tonnes of her cargo into the sea. The clean-up operations startedimmediately and were finalised the day after the incident. The clean-upexpenses are estimated at Yen10 million (£30 000). It is not yet knownwhether the incident has also caused fishery damage. The shipowner'sliability under CLC is Yen3 091 660 (£9 200).
BALANCE SHEET OF IOPC FUND AS 31 DECEMBER 1982
liabilities £ £Accumulated Surplus 1978/1981 2 499 no167Less Deficit 1982 208 205 2 290 962
AssetsCash at banks and in hand
£2667625
Due to Staff Provident Fund
Accounts Payable
Unliquidated Obligations
Receipts in respect of1982 Assessments
70594
1 294
55067
162479
Accounts receivableContributions:
Gen Fund 1980Gen Fund 1981Gen Fund 1982
VAT Recoverable
Misce IIaneous
£234922213
217502 243207
3952
941
Contributor's Account 336055
2916451
Interest on overdue contributionsGen Fund 726
2916451
Note 1: There is a contingent liability in respect of incidents which is estimated to amount to £28 290122.
Note 2: In addition to the assets shown in this statement,investment in equipment, furniture, officemachines, supplies and library books as at31 December 1982 amounted at cost price to£16 000 net of VAT.
N 11
Quantity of oi IContracting State received in 1982 % of Total
(metric tonnes)
Japan 264233874 31.38
Italy 132 501 844 15.74
France 102253323 12.15
Netherlands 88486 780 10.51
United Kingdom 79 458 881 9.44
Spain 49502087 5.88
Germany, FederalRepublic of 26416707 3.14
Sweden 18 252 651 2.17
Bahamas 17776816 2.11
Indonesia 14537 512 1.73
Finland 11 801 525 1.40
Yugoslavia 9711 017 1.15
Denmark 8 129583 0.97
Norway 7734363 0.92
Syrian Arab Republic 4 781 630 0.57
Tunisia 2206038 0.26
Sri Lanka 1 940 542 0.23
Ghana 1 106 079 0.13
Gabon 355900 0.04
Liberia 351 827 0.04
Papua New Guinea 209424 0.02
Algeria 185075 0.02
Fiji
Iceland
Kuwait
Maldives
Monaco
Tuvalu
841 933 478 100.00
ANNEXE IIISUMMARY OF INCIDENTS
(31.12.1983)Cause of incident Claims (2)
Vessel Gross Tonnage Date & Place & Quantity of Compensation & Indemnification(Flag State) (CLC Liability) (1) of incident Oil Spilled Amount (1) Remarks
(tonnes) Nature Claimed/Paid
Antonio 27694 GRT 27.2.1979 grounding clean-up costs by (Paid)Gramllci Rbls 2431 584 off Ventspils, (5500) Swedish authorities Skr89 057 717(USSR) USSR Interest 6649440
total SKr95 707 157
Mlya Maru 997 GRT 22.3.1979 collision (Paid) Yen5 438 909 recovered byNo. B Yen37 710 340 Bisan Seto, (540) clean-up costs Yenl08 589104 way of recourse(Japan) Japan fishery damage 31 521 478
indemnification 9427585
total Yen149 538 167
Tarpenbek 999 GRT 21.6.1979 collision (Claimed) recourse possible(Fed Rep of £64356 off Selsey (not known) owner's clean-up costs £594358Germany) Bill, UK public authorities 1177215
Mebaruzaki 19 GRT 8.12.1979 sinking (Paid)Maru No. 5 Yen845480 Mebaru Port, (10) clean-up costs Yen7 477 481(Japan) Japan fishery damage 2710854
indemnification 211370
total Yenl0399705
Showa Maru 199 GRT 9.1.1980 collision (Paid) Yen9 893 196 recovered by(Japan) Yen8 123 140 Naruto Strait, (100) clean-up costs Yenl0 408 369 way of recourse
Japan fishery damage 92696505indemnification 2030785
total Yenl05 135 659
Unllei Maru 99 GRT 9.1.1980 collision (no clean-up costs (Estimated) because of possible recourse(Japan) Yen3 143 180 off Akune information but less by shipowner Yen6 903 461 against same insurer no
Port, Japan than 140 tonnes) compensation by 10PC Fundis Ii kely to be paid
Tanio 18048 GRT 7.3.1980 breaking (Agreed claims) further claims are not likely(Madagascar) FFrl1 833718 off Brittany (13500) French government FFr326 921 937 to be made; payment will be
Coast, France French local authorities 8910153 made on 15.2.1984 in respectprivate claimants 4626713 of agreed claims
sub-total 340458803
(Claims not finally agreea)UK P&l Club FFr7 637 388Port Autonome du Havre 132132French local authority 15419private claimants 1 278748
sub-total 9063685
FurenslI 999 GRT 3.6.1980 collision c1ean-u p costs (Paid) SKr449961 recovered by way(Sweden) SKr612443 Oresund, (200) by - Swedish authorities SKr2 911 637 of recourse;
Sweden - Swedish private claimants 276050
sub-total SKr3 187 687
clean-up costs (Paid) interest is included forby - Danish authorities DKr408633 the compensation of Swedish
- Danish private claimants 9 956 and Danish authorities
sub-total DKr418589
indemnification SKr153111
Hose! Maru 983 GRT 21.8.1980(Japan) Yen35 765 920 off Miyagi,
Japan
collision(270) clean-up costs
fishery damageindemnification
(Paid) Yen18 221 905 recovered byYen163 051 598 way of recourse
502712678941 480
total Yen222 264 345
grounding (esti- no damage to a Member Statemated at morethan 16000 tonnes) indemnification
discharge of clean-up costscargo oil (not known by shipownerbut estimated at200-300 tonnes) clean-up costs by authorities
grounding clean-up costs(10) by shipowner
indemnification
grounding clean-up costs(1 000) by Swedish authorities
private claimants
(Not yet paid)Rbls337581
(Paid) no third party claim hasYen6 426 857 been made
1 849085
(Claimed)DM20 170353
plus interest84043
(Claimed) shipowner's CLC limitationSKr19 296 000 fund has not yet been set up
850000
(Paid) compensation is not payable byYen598 181 the IOPC Fund since the total
damage, Yen3 801 851 is lessthan theshipowner's liability
(Paid)Yen130 419 443Yen233 312 312
(Not yet paid) 5 211 110
(Paid)Yen46 425 525
24571589(Not yet paid) 1 576 075
clean-up costsfishery damageindemnification
clean-up c;ostsfishery damageindemnification
indemnification
grounding(20)
collision(85)
sinking(33)
Jose Mert! 27706 GRT 7.1.1981(USSR) SKr20 079 830 off Dalarc,
Sweden
Suma Maru 199 GRT 21.11.19811110.11 Yen7 396 340 off Karatsu,(Japan) Japan
G!obe Asimi 12404 GRT 22.11.1981(Gibraltar) Rbls1 350 324 Klaipeda,
USSR
Ondina 31030 GRT 3.3.1982(Netherlands) DM10 325 602 Hamburg,
Fed Rep ofGermany
shiote Maru 161 GRT 31.3.1982No. 2 Yen6 304 300 Takashima(Japan) Island, Japan
Fukutoku 499 GRT 3.4.1982Maru No. 8 Yen20 844 440 Tachibana(Japan) Bay, Japan
Kifuku 107 GRT 1.12.1982Maru No. 35 Yen4 271560 Ishinomaki,(Japan) Japan
Shinkai 48 GRT 21.6.1983 discharge ofMaru 1110.3 Yen1 880940 Ichikawa, cargo oil (3.5) clean-up costs(Japan) Japan
Eiko Maru 999 GRT 13.8.1983 collision1110.1 Yen39445920 Karakuwazaki, (357) Clean-up costs(Japan) Japan fishery damage
Koel Maru 82 GRT 22.12.1983 collisionNo. 3 Yen3 091 660 Nagoya, (50) clean-up costs(Japan) Japan
(Claimed) claim for fishery damageYen2 886100 not likely to be made
(Claimed) not all claims have beenYen52 726 595 submitted
4000000
(Estimated) fishery damage not yetYen10 000 000 known
NOTE (1) Amounts are given in national currencies: the relevant conversion rates as at 31.12.1983 are the following:
Yen 336.5SKr 11.615DKr 14.34
£1 = FFr 12.07OM 3.955Rbls 1.1270US$ 1.4515
(2) Claims: except where claims are indicated as "paid", the amounts shown are as claimed against the IOPC Fund. The inclusion of an amount fora claim is not to be understood as indicating that either the claim or the amount is accepted by the IOPC Fund: where claims are indicated as"paid" the figure given shows the actual amount paid by the IOPC Fund (ie excluding the shipowner's liability).
International Oil Pollution Compensation Fund4 Albert EmbankmentLondonSE1 7SRUnited KingdomTelephone: 01-582 2606Telex: 23588
