THE INTERNATIONAL TANKER OWNERSPOLLUTION FEDERATION LIMITED

ITOPFHandbook2005/2006

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ITOPF Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3In the Event of a Spill of Oil or Hazardous and Noxious Substance (chemical) . .4Technical Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Information Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Oil Spill Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Fate of Marine Oil Spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Oil Classification Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13Oil Spill Clean-up Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Organisation of Spill Response and Planning . . . . . . . . . . . . . . . . . . . . . . . . .18Effects of Marine Oil Spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Spill Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Civil Liability and Fund Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Bunker Spills Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31HNS Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31National Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32Oil Pollution Act of 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

OPRC Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36Status of International Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40Useful Addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44Terms and Conditions of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46Terms and Conditions of Associate Status . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Contents

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Dr H Sohmen World-Wide Shipping Group Ltd (Chairman)Dr T H Moller ITOPF Limited (Managing Director)Ms S E Burgess Gard (UK) LtdMr N J P Carden Thomas Milller P&I LtdMr M L Carthew ChevronTexaco Shipping Company LLCMr K Eskilsson Stena Bulk LLCMr N G Fistes Ceres Hellenic Shipholdings LtdMr O H Fritzner Stolt-Nielsen Transportation Group BVMr P J Goulandris Triandros CorporationMr W E Jenkins ExxonMobil Global Marine

Transportation LtdMr S B K’aki Vela International Marine LtdMr Y Kanda Nippon Oil Tanker CorporationMr J M Kopernicki Shell International Trading & Shipping LtdMr C Kurz II Keystone Shipping CoMr J S K Kwok American Eagle Tankers Inc LtdMr R A Malone BP Shipping LtdMr T Mamiya Nippon Yusen KaishaMr N H Schües Reederei F Laeisz GmbHMr S Skou A P MøllerMr C L P de Souza Petroleo Brasileiro SAMr Y Umeda Japan Shipowners’ Mutual P&I AssociationMr C P Williams Steamship Insurance Management

Services LtdMr P A Wogan Teekay Shipping (Canada) Ltd

ITOPF Directors

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Over the past thirty years ITOPF’stechnical staff have responded to

over 500 ship-source spills in 90countries in order to give objectiveadvice on clean-up measures,environmental and economic effects,and compensation. Whilst most of thesespills involved crude oil spilled fromtankers, ITOPF staff are regularly calledupon to respond to spills of bunker fuel,chemicals and bulk cargoes from alltypes of ship. Advice is also occasionallygiven in relation to oil spills frompipelines and offshore installations, andphysical damage to coral reefs resultingfrom ship groundings.

The first-hand experience gained byITOPF staff through direct involvementin pollution incidents is put to good useduring contingency planning andtraining assignments, as well as in theproduction of technical publications.

ITOPF is a non-profit makingorganisation. Over 90 per cent of itsincome comes from subscriptions paidby P&I insurers on behalf of theirshipowner members, who they enrol inITOPF as either Members or Associates.This gives them access to theorganisation’s full range of technicaland information services, usually at nocost.

ITOPF’s Membership comprises over4,600 tanker owners and bareboatcharterers, who between them own or

Introduction

operate about 8,500 tankers, bargesand combination carriers with a totalgross tonnage of about 215 million GT.This represents virtually all the world’sbulk oil, chemical and gas carriertonnage and so it is extremely rare forthe owner of any such ship engaged ininternational trade not to be a Memberof ITOPF.

Associates comprise the owners andbareboat charterers of all other types ofship, currently totalling some 354million GT. This reflects ITOPF’sincreasingly important role in recentyears in responding to bunker spillsfrom non-tankers.

ITOPF’s activities are overseen by aninternational Board of Directorsrepresenting the organisation’sindependent and oil company tankerowner Members, its Associates and P&Iinsurers. The names of the currentDirectors appear opposite.

Since its establishment in 1968, ITOPFhas evolved into the maritime industry’sprimary source of objective technicaladvice, expertise and information oneffective response to ship-sourcepollution. ITOPF has observer statusat both the International MaritimeOrganization (IMO) and theInternational Oil Pollution CompensationFund (IOPC Fund) and regularlycontributes to discussions on mattersrelating to ship-source pollution.

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In the Event of a Spill of Oilor

Hazardous and Noxious Substance (chemical) Emergency Contact – Business Hours

Please use ITOPF’s office telephone number:

+44 (0)20 7566 6999

Emergency Contact – Outside Normal Office Hours

+44 (0)870 428 6901

This number is linked to a voicemail and radio paging system. Callers should therefore beready to record a brief message. The member of the ITOPF technical staff who is on duty willreturn the call and will require as much of the following information as possible:

Essential Information • Contact details of the person reporting the incident• Name of vessel and owner • Date and time of the incident (specifying local time or GMT/UTC)• Position (eg latitude and longitude or distance and direction from the nearest port or

landmark)• Cause of the incident (eg collision, grounding, explosion, fire, etc) and nature of damage• Description and quantity of cargo and bunker fuel on board • Estimate of the quantity spilled or likelihood of spillage• Name of the cargo owner• Action, both taken and intended (and by whom), to combat pollution• Status of the vessel and any planned salvage activities

Additional Useful Information• Weather and sea conditions, wind speed and direction • Length, breadth and appearance of any slicks or plumes, including direction of movement • Type of resources that may be at risk (eg fisheries or residential areas)• Distribution of cargo and bunkers and location relative to damage

Oil• Density, viscosity, pour point, distillation

characteristics, wax & asphaltenecontent

HNS Chemicals• State – solid, liquid, gas, bulk or

packaged • UN or CAS number, MSDS, bill of lading

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Technical Services

Response to Marine Spills

Responding to ship-source spills of oilor chemicals is ITOPF’s priority

service and is normally performed,without charge, at the request of one ofits Members or Associates and their P&Iinsurers. The IOPC Fund also usuallycalls on ITOPF’s technical services foroil spills with which it is involved.

ITOPF’s first task on being advised of anew spill is to evaluate the probablebehaviour, fate and impact of the oil orchemical, and the local capability toorganise an effective clean-up response.

At the same time as the details listed onpage 4 are being sought from outsidesources, ITOPF staff will be referring tointernal information on environmentaland economic resources likely to be at

risk in the affected country, as well as onthe national arrangements for spillresponse. This and other relevantinformation is summarised in theappropriate Country Profile, thecomplete series of which can be foundon ITOPF’s website. This is also thesource of other relevant information, forexample, on the applicable liability andcompensation regime.

Internal databases on the availability ofclean-up equipment and materials, localsurveyors and other experts will also beconsulted and guidance sought fromITOPF’s experience of previous spills inthe same region. If the evaluation of thespill indicates that it is likely to pose aserious threat to coastal resources, amember of the ITOPF technical staff willprobably be asked to attend on-siteimmediately.

Spills attended by ITOPF staff, 1970-2004

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The role of the ITOPF technical staffmember at the site of a spill variesaccording to the circumstances but isalways advisory. It normally includesone or more of the following activities:

• advising and assisting all parties onthe most appropriate clean-upresponse, with the aim of mitigatingany damage;

• helping secure equipment andorganise the clean-up when there isa need to supplement the localresponse capability;

• monitoring the clean-up, in order toprovide subsequent reports of eventsand of the technical merit of actions inrelation to claims for compensation;

• investigating any damage to theenvironment and to coastalresources such as fisheries andmariculture.

In all cases the aim is to co-operate andwork closely with all parties involved in

a spill, and to reach agreement onmeasures that are technically justified inthe particular circumstances. This notonly helps ensure that the clean-up is aseffective as possible and that theminimum of damage is caused, butalso that subsequent claims forcompensation can be dealt withpromptly and amicably.

Damage Assessment andClaims Analysis

Assessment of the technical merits ofclaims for compensation is a naturalextension of ITOPF’s on-site attendanceat the time of a spill. It usually involvesassessing the reasonableness of clean-up costs and the merits of claims fordamage to economic resources. Theassessment of damage to fisheries -especially mariculture facilities - is aparticular area of specialisation whichoften requires the detailed analysis ofcomplex claims, frequently inconjunction with other specialists who

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have in-depth knowledge of theaffected area and the economics of itsparticular fisheries.

ITOPF’s advice is also regularly soughton environmental damage caused byspills, and on the feasibility andtechnical justification of proposedrestoration measures designed toenhance natural recovery.

ITOPF’s role in damage assessmentand claims analysis is limited toproviding advice on the technical meritof claims. The final decision on settlingany claim rests with those who will paythe actual compensation, usually a P&Iinsurer and/or the IOPC Fund.

Contingency Planningand Advisory Work

A major spill of oil or chemicals presentsthose in charge with a range of complexproblems and prompt decisions areneeded if an effective response is to be

mounted. There is a greater likelihoodthat this will happen if effort has beendevoted beforehand to the preparationof a contingency plan that is bothcomprehensive and realistic.

Using their extensive practicalexperience of spill response aroundthe world, ITOPF staff often advisegovernments, industry, internationalagencies and other organisations on thepreparation of contingency plans andrelated matters.

Training and Education

Regular training is vital if personnel are toimplement a contingency plan effectivelyand mount an efficient response toan incident. ITOPF organises andparticipates in numerous training coursesand seminars for government andindustry personnel around the world, andfrequently assists with spill drills andexercises conducted by shipowners andother groups.

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Library

To support its technical services,ITOPF maintains an extensive library

of publications and information onclean-up techniques, effects and otherrelated issues. Visitors are welcome byappointment.

Publications

ITOPF produces a wide range of technicalpublications and papers. These aredesigned to keep Members, Associatesand others around the world in touch withdevelopments in spill preparedness,response and compensation. A list ofITOPF publications can be found onpages 38 and 39.

Databases

Since 1974, ITOPF has maintained aworldwide database of accidental oilspills from tankers, combined carriersand barges. This is probably the mostcomprehensive of its kind and allows

Information Services

long term trends to be analysed (seeopposite for details).

To assist ITOPF’s technical staff torespond to spills, information ismaintained on the availability and costof clean-up equipment and materialsstockpiled around the world. Thisinformation is summarised in theCountry Profiles.

Country Profiles

ITOPF’s series of Country and RegionalProfiles, summarising the oil spillresponse arrangements and clean-upresources in some 160 maritime statesare freely available on the ITOPFwebsite. Each Country Profile is two tothree pages long and containsinformation on the spill notificationpoint, command structures for at-seaand on-shore response, the availabilityof government- and privately-ownedequipment, past spills and the status ofrelevant international Conventions.

www.itopf.com

The website provides backgroundinformation on ITOPF and news of itscurrent activities; technical advice onspill response; statistics on numbers,sizes and causes of spills, plusinformation on the fate and effects ofoil, contingency planning and liabilityand compensation. There are also linksto other useful websites.

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The ITOPF database containsinformation on approximately

10,000 oil spills from tankers,combined carriers and barges, some85% of which were less than seventonnes. More detailed information isavailable on the ITOPF website.

Oil Spill Statistics

Number and AmountsThe average number of large oil spills(>700 tonnes) during the 1990s was lessthan a third of that during the 1970s. Thisdramatic reduction has been due to thecombined efforts of the tanker industry andgovernments (largely through the IMO) to

Numbers of large spills (over 700 tonnes), 1970-2004

Quantities of oil spilled, 1970-2004

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improve safety and pollution prevention.The total amount of oil spilled each yearvaries considerably, with a few very largespills being responsible for a highpercentage of the total annual quantity.

Causes of SpillsMost incidents are the result of acombination of actions andcircumstances, all of which contribute invarying degrees to the final outcome.

Some 34% of spills in the category 7-700tonnes occurred during routineoperations, most especially loading ordischarging (27%). Typically theseoperational spills were small. Accidentswere the overwhelming cause of largespills (>700 tonnes), with groundingsand collisions accounting for 62% of thetotal during the period 1974-2004.Other significant causes included hullfailures and fire/explosion.

Causes of large spills (>700 tonnes), 1974-2004

Causes of intermediate spills (7-700 tonnes), 1974-2004

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When oil is spilled at sea it spreadsand moves on the surface while

undergoing a number of chemical andphysical changes, collectively termedweathering. The diagram belowschematically represents the differentprocesses involved.

Weathering Processes

Most of the processes, such asevaporation, dispersion, dissolutionand sedimentation, lead to thedisappearance of oil from the surfaceof the sea, whereas others, particularlythe formation of water-in-oil emulsions(“mousse”) and the accompanyingincrease in viscosity, promote itspersistence. The speed and relativeimportance of the processes depend onfactors such as the quantity and type ofoil, the prevailing weather and seaconditions, and whether the oil remains

Fate of Marine Oil Spills

at sea or is washed ashore. Ultimately,the marine environment assimilatesspilled oil through the long-termprocess of biodegradation.

Persistence of Oil

In considering the fate of spilled oil atsea, a distinction is frequently madebetween non-persistent oils, which tendto disappear rapidly from the seasurface, and persistent oils, which incontrast dissipate more slowly andusually require a clean-up response.The definition of a non-persistent oildeveloped in relation to compensationis given on page 26. However, thisdefinition is based on distillationcharacteristics of oils under standardlaboratory conditions. It may not,therefore, fully reflect the behaviour ofan oil in the environment, where factorssuch as burial in sediments can lead to

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the long-term persistence of oils thatwould normally be defined as non-persistent.

Models

The main properties which affect thebehaviour of spilled oil at sea are specificgravity (its density relative to pure water -often expressed as ºAPI); distillationcharacteristics (its volatility); viscosity (itsresistance to flow); and pour point (thetemperature below which it will not flow).

Since the interactions between thevarious weathering processes are notwell understood, reliance is oftenplaced on empirical models basedupon the properties of different oil types.For this purpose, it is convenient toclassify the most commonly transportedoils into four main groups, roughlyaccording to their specific gravity (seetable opposite). Having classified theoils, the expected rates of dissipationcan be predicted. These are shown inthe above graph, where account is alsotaken of the competing process of

emulsification which, for most oils, leadsto an increase in volume.

Group I oils (non-persistent) tendto dissipate completely throughevaporation within a few hours and donot normally form emulsions. Group IIand III oils can lose up to 40% byvolume through evaporation but,because of their tendency to formviscous emulsions, there is an initialvolume increase as well as acurtailment of natural dispersion,particularly in the case of Group III oils.Group IV oils are very persistent dueto their lack of volatile material andhigh viscosity, which precludes bothevaporation and dispersion.

It is important to appreciate theassumptions upon which such modelsare based and not to place too muchreliance on the results. However, theycan serve as a useful guide tounderstanding how a particular oil islikely to behave and help in assessingthe scale of the problem which a spillmight generate.

Volume of oil and water-in-oil emulsion remaining on thesea surface, as a percentage of the original volume spilled

CLASSIFICATION OF OILSACCORDING TO THEIR SPECIFIC GRAVITY

Group 1Specific Gravity < 0.8 (°API > 45)

B Viscosity cSt @ 15°C: 0.5 - 2.0C % boiling below 200°C: 50 - 100%D % boiling above 370°C: 0%

B C DGasolene 0.5 100 0Naptha 0.5 100 0Kerosene 2.0 50 0

High Pour Point >5º CA B C D

Bakr 7 1,500 14 60Belayim 15 S 22 55Bonny Light 12 25 30 30Cabinda 17 S 18 56Dai Hung 25 S 30 33Djeno 6 16 61Duri 21 S 5 74Mandji 9 70 21 53Morgan 7 30 25 47Nile Blend 36 S 13 59Soyo Blend 15 S 21 48Suez Mix 10 30 24 49Trinidad 14 S 23 28Zaire 15 S 18 55

High pour point >5º CA B C D

Amna 18 S 25 30Argyll 9 11 29 39Arjuna 27 S 37 15Auk 9 9 33 35Bach Ho 35 S 21 47Bass Straight 15 S 40 20 Beatrice 12 32 25 35Bintulu Neat 17 S 24 34Bunyu 18 S 29 12Cormorant 12 13 32 38Dunlin 6 11 29 36Es Sider 6 11 28 42Escravos 10 9 35 15Gippsland Mix 15 S 40 20Lalang 33 S 19 49Lucina 16 S 26 41Nigerian Light 9 S 35 27Qua Iboe 15 7 29 32Rio Zulia 27 S 34 30San Joachim 24 S 43 20Santa Rosa 10 4 34 27Sarir 24 S 24 39Seria 18 S 37 15Soyo 17 S 20 50Thistle 9 9 35 38Zuetina 9 9 35 30

Low pour pointB C D

Abu Dhabi 7 36 31Arabian Super Light 3 26 39Berri 9 36 35Beryl 9 35 34Brass River 4 45 17Brega 9 38 32Brent Blend 6 30 38Ekofisk 4 46 25Kirkuk 1 35 36Kole Marine 1 34 35Lower Zakum 34 35Marib Light 40 20Montrose 7 36 31Murban 7 32 34Murchison 7 36 20Olmeca 32 32Oseberg 10 28 39Palanca 30 35Qatar Land 9 36 33Sahara Blend 4 48 27Sirtica 7 44 27

Gas Oil 5

High pour point oils would only behave as Group 2 atambient temperatures well above their pour points. At lowertemperatures treat as Group 4 oils.

Group 2Specific Gravity 0.8 – 0.85 (ºAPI 35 - 45)

A Pour Point ºCB Viscosity cSt @ 15ºCC % boiling below 200 ºC: 19 - 48% Average 33%D % boiling above 370 ºC: 12 - 50% Average 31%

Low Pour PointB C D

Arabian Heavy 55 20 56Arabian Light 14 24 45Arabian Medium 25 22 51Basrah Light 26 45Bonny Medium 14 39Buchan 14 31 39Champion Export 18 15 28Escravos 30 32Flotta 11 34 26Forcados 12 17 37Forozan 24 49Forties 8 32 36Gullfaks 13 21 40Hout 15 24 48Iranian Heavy 25 24 48Iranian Light 26 43Khafji 80 21 55Kuwait Export 30 23 52Leona 14 56Loreto 17 50Maya 500 17 61Miri Light 25 25Nigerian Medium 40 14 40Oman 23 45Qatar Marine 29 39Santa Maria 250 22 54Siberian Light 24 52Sov. Export Blend 15 27 24Tia Juana Light 2,500 24 45Upper Zakum 26 44Medium Fuel Oil 1,500-(IFO 180) 3,000

Group 3Specific Gravity 0.85 – 0.95 (ºAPI 17.5 - 35)

A Pour point ºCB Viscosity cSt @ 15ºCC % boiling below 200ºC: 14 - 34% Average 22%D % boiling above 370ºC: 28 - 50% Average 46%

Group 4Specific Gravity > 0.95 (ºAPI < 17.5) or Pour Point > 30ºCA Pour point ºCB Viscosity cSt @ 15ºC: 1500 - SolidC % boiling below 200ºC: 3 - 24% Average 10%D % boiling above 370ºC: 33 - 92% Average 65%

A B C DBachequero -20 5,000 10 60Boscan 15 S 4 80Bu Attifil 39 S 19 47Cinta 43 S 10 54Cyrus -12 10,000 12 66Daquing 36 S 12 66Gamba 23 S 11 54Handil 35 S 23 33Heavy Lake Mix -12 10,000 12 64Jatibarang 43 S 14 65Merey -18 7,000 7 70Minas 37 S 14 57Panuco 2 S 3 76Pilon -4 S 2 92Quiriqure -29 1,500 3 88Shengli 21 S 9 70Taching 35 S 12 49Tia Juana Pesado -1 S 3 78Wafra Eocene -29 3,000 11 63Widuri 46 S 7 70Heavy Fuel Oil (IFO 380) 5,000-30,000

High pour point oils wouldonly behave as Group 3 atambient temperatures wellabove their pour points. Atlower temperatures treat asGroup 4 oils.

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Choosing the most appropriatetechniques for cleaning up an oil

spill is crucial and will depend upon theexact circumstances of an incident. Themain techniques are described brieflybelow. More detailed information canbe found in other ITOPF publications(see pages 38 and 39).

A clean-up response is not alwaysnecessary. Often the oil will remainoffshore, where it will dissipate andeventually degrade naturally withoutaffecting coastal resources or wildlife.In such cases, monitoring themovement and fate of the floatingslicks to confirm the predictions maybe sufficient. On this basis, some ofthe largest spills over the last 30 yearshave not required a clean-upresponse. In contrast, even a smallspill, especially of a very persistent

Oil Spill Clean-up Techniques

crude or heavy fuel oil, may call for amajor response effort, especially ifsensitive resources are threatened.

Response at Sea

Booms and SkimmersThe use of booms to contain andconcentrate floating oil prior to itsrecovery by specialised skimmers isoften seen as the ideal solution since, ifeffective, it would remove the oil fromthe marine environment.

Unfortunately, this approach suffersfrom a number of fundamentalproblems, not least of which is the factthat it is in direct opposition to thenatural tendency of the oil to spread,fragment and disperse under theinfluence of wind, waves and currents.Thus, even if containment andcollection systems are operating withina few hours of an initial release they willtend to encounter floating oil at anextremely low rate. Because of this it israre, even in ideal conditions, for morethan a relatively small proportion (10-15%) of the spilled oil to be recovered.

When containment and recovery isattempted it is important to selectequipment that is suitable for the type ofoil and the weather/sea conditions. Effortsshould target the heaviest oilconcentrations and areas where collectionwill reduce the likelihood of oil impactingsensitive resources and shorelines.

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In-situ BurningBecause of the logistical difficulties ofpicking up oil from the sea surface andstoring it prior to final disposal on land, analternative approach involves concentratingthe oil in special fireproof booms andsetting it alight. In practice, this technique isunlikely to be viable in most ship-sourcespills, due to the difficulty of collecting andmaintaining sufficient thickness of oil toburn. As the most flammable componentsof the spilled oil evaporate quickly, ignitioncan also be difficult. Residues from burningmay sink, with potential long-term effects onsea bed ecology and fisheries. Close to theshore or the source of the spill, there may behealth and safety concerns as a result of therisk of the fire spreading out of control oratmospheric fall-out from the smoke plume.

DispersantsDispersant chemicals work byenhancing the natural dispersion of theoil into the sea. The oil is broken downinto tiny droplets which are dispersed

into the water column, where they arediluted by currents and eventually breakdown naturally.

Dispersants can be sprayed from boats,planes and helicopters. With goodoperational support, large quantities ofoil spread over a wide area can betreated quickly and effectively. Formaximum effectiveness, dispersantsneed to be applied to oil before it hasbecome viscous through evaporationor formed an emulsion. Some types ofoil such as heavy fuel oil and viscouscrude are less amenable to dispersionfrom the outset.

The controlled use of dispersants canreduce the overall impact of an oil spillon environmental and economicresources. However, since their use resultsin the oil being transferred from the seasurface into the water column, thereneeds to be a careful evaluation of the

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relative risk to potentially sensitiveresources in different parts of the marineenvironment. If there are conflictingpriorities (eg between seabirds at riskfrom floating oil and commercial fish andshellfish at risk from dispersed oil) theseneed to be resolved at the contingencyplanning stage. Because of their potentialto do harm if used incorrectly, theapproval of dispersant products and theiruse is generally strictly controlled by therelevant government authorities.

Protecting Sensitive Resources

Given the difficulties of cleaning up oilat sea, spilled oil will often threatencoastal resources. It may be possible toprotect some of these resources by thestrategic deployment of booms. Othermeasures may also be appropriate,such as closing water intakes toindustrial plants or coastal lagoons.

Highest priority should be given toprotecting coastal resources which are

particularly sensitive to oil pollution andwhich can be boomed effectively. Thesecan include fish and shellfish farms,industrial water intakes, leisure facilitiessuch as marinas, and environmentally-sensitive areas, such as bird colonies.

Whilst some sites will be relatively easyto protect, others such as marshes,mangroves and amenity beaches, areoften too extensive for booming to bepractical. It is important to act quicklyand, with limited resources available,decisions must be taken as to whichsites should be given priority. Thisshould be pre-determined, incontingency plans.

Shoreline Clean-up

Once oil has reached coastlines,response efforts should first focus onareas which have the heaviestconcentrations of mobile oil, whichcould otherwise lead to further pollution

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of surrounding areas. A combination ofclean-up techniques is normally usedwhen cleaning contaminatedshorelines, including manual andmechanical removal, flushing orwashing with water at high or lowtemperatures and pressures, and evenwiping with rags and sorbent materials.

It is important to choose techniqueswhich are appropriate for the level ofcontamination and shoreline type,which may range from mud flats,through sandy and cobble beaches, torocky shores and high cliffs, as well asto man-made structures such asbreakwaters and protective walls.

It is important to ensure that thetechniques selected do not do moreharm than good. This requires a site-specific assessment of theenvironmental and economic benefitsof the proposed actions. In some casesthe most appropriate strategy will be toallow natural clean-up and recovery to

take its course. Experience around theworld has shown, for example, thatsensitive areas such as marshes andmangroves often recover more quicklyand completely if invasive clean-uptechniques and physical disturbanceare avoided. Natural cleaning can alsobe very effective on rocky shores thatare exposed to strong wave action.

BioremediationThe application of oil-degradingbacteria and nutrients to contaminatedshorelines to enhance the process ofnatural degradation has generatedconsiderable interest for more than twodecades. However, it has so far notbeen demonstrated to betechnologically feasible or beneficialfor large-scale restoration projects.

Disposal

At-sea recovery and shoreline clean-upgenerate substantial amounts of oil andoily waste which need to betransported, temporarily stored andultimately disposed of in anenvironmentally acceptable manner.Such operations often continue longafter the clean-up phase is over.

Liquid oil and oily water may bereprocessed at a refinery. Oily materialcan be used as a low-grade feedstockin some industrial processes and it mayalso be stabilised for use inconstruction projects, as a low-costsecondary raw material. Moretraditional disposal routes includeincineration and landfill.

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Whilst the technical aspects ofdealing with a spill are clearly

important, the effectiveness of theresponse to a major pollution event willultimately depend upon the quality ofthe contingency plan, and of theorganisation and control of the variousaspects of the clean-up operation.

Organisation of Spill Response

Apart from the major oil importingnations of the USA, Japan and Korea,which have little passing tanker traffic,government authorities in most countrieshave traditionally assumed responsibilityfor organising and controlling the clean-up of a major ship-source oil spill. Theresources called on by such governmentauthorities may be publicly owned orprovided by private organisations undersome form of contract. In anticipation ofa major incident that exceeds thenational capability, many governmentshave ratified the 1990 OPRCConvention (see page 36) and alsoentered into bilateral or regional inter-governmental agreements that facilitatethe provision of additional clean-upresources from neighbouring countries.Assistance may also be sought from theoil industry’s Tier 3 Centres or fromcommercial clean-up contractors.

There are good reasons whygovernments have traditionally assumedresponsibility for responding to shippingcasualties. Firstly, such incidents often

Organisation of Spill Response and Planning

involve vessels in innocent passagewhose owners do not have anoperational capability in the affectedcountry and who would therefore find itdifficult to respond promptly when theneed arises. The responsibility forprotecting a country’s interests alsoultimately rests with governmentauthorities and they alone are in aposition to determine priorities forprotection and clean-up in the particularcircumstances. The internationalcompensation Conventions were largelycreated to encourage such authorities toassume the responsibility for respondingto spills of persistent oil from tankers byproviding a straightforward systemwhereby the costs of “reasonable”measures are promptly reimbursed (seepages 26 - 31).

Spill response is not a core activity formost government authorities due to thefact that serious events are an infrequentoccurrence. The organisational structurefor responding to ship-source spillstherefore tends to follow administrativestructures created for other purposes.This is particularly evident when it comesto shoreline clean-up, where theresponsibility often lies with a multitudeof local and regional governmentauthorities. In harbour areas someresponsibility may also fall on the portauthority and on the operators ofterminals and other facilities. In a majorspill, this can lead to unclear commandand control and a lack of co-ordination.

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Such spill management problems arenot overcome by inviting all interestedparties to serve on one or morecommittees during an incident so thatthey can participate in the decision-making process. This can lead to large,unwieldy spill management teams,delayed decision making and,frequently, the adoption of inappropriateor conflicting response strategies.

When the oil is on the water or on theshore, informed and decisiveleadership is required, with authorityvested in an appropriate individual orin a small command team. This shouldensure that an effective responseconsistent with the contingency plan isinitiated promptly. However, oneindividual or even a small commandteam cannot manage the response to asignificant spill alone. It will benecessary for them to be supported by

experienced technical and scientificadvisors (including ITOPF). Othermembers of the management team willneed to look after the variouscomponents of the overall operation,as well as logistic support, recordkeeping and financial control.

Government organised response, withadditional support provided byshipowners and other private entities,has proved to be a successful formulain numerous past spills. However, thereis an increasing tendency bygovernment authorities in some parts ofthe world to require shipowners (andeven, on occasion, cargo owners) to gofurther and to organise and managethe clean-up of their own spills, with theauthorities merely issuing directionsand monitoring the results. This isdespite the fact that such an obligationis often not stated in nationalcontingency plans. This can mean thata shipowner who attempts to mount aspill response operation will beconfronted by numerous practicaldifficulties, leading to ad hocarrangements. To avoid this, theresponsible government authorityshould define, prior to any spilloccurring, how the shipowner’sresponse operation will be integratedinto its own organisational structures. Italso needs to guarantee that thenecessary logistic support will beavailable in the event of a spill (egsuitable boats, oil storage facilities,trained operators). All of this needs tobe tested through realistic exercises,based on actual spill experiences.

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Contingency Planning

A major spill will inevitably presentthose in charge with numerous,complex problems, some of which willbe non-technical in nature. There is agreater likelihood that prompt andeffective response decisions will bemade if considerable effort has beendevoted in advance of any spill to thepreparation of comprehensive, realisticand integrated contingency plans fordifferent levels of risk. Issues which aredifficult to resolve prior to an incidentare likely to become serious conflicts inthe highly charged atmospherefollowing a major spill when everyoneshould be working together, with thecommon purpose of cleaning up thepollution as effectively as possible withthe minimum of damage to theenvironment and economic resources.

As well as assessing the particular risksfaced by a facility, region or country,contingency plans should clearly definethe responsibilities of all the differentparties likely to be involved in a spilland the organisational structure foreffective command and control. Thereshould be an up-to-date list of keycontact points. On the technical side,plans should identify sensitiveenvironmental and economicresources, priorities for protection andclean-up, agreed response strategiesfor different sea and shoreline areas atdifferent times of the year, stocks ofclean-up equipment and materials,temporary storage sites and finaldisposal options. Increasingly there is

also a need to plan for managing thelegitimate interests of the media in away that ensures that they receiveregular factual updates, withoutinterfering with the control and conductof the actual response operation.

Completed contingency plans maylook impressive but, in reality, the finalproduct is less important than theactual process of planning. Thus, themain benefit of developing a plancomes from gathering all the necessarydata, consulting and getting to know allpotentially interested parties, andresolving potential disputes in a calmatmosphere. For this reason it isimportant that those who will berequired to implement the plan shouldalso be closely involved in itspreparation.

Contingency plans should be regularlytested and updated. The ultimate test isa major spill when organisational andtechnical problems will inevitably occur.These problems need to be identified inan objective manner before memoriesfade and interest wanes so thatthey can be addressed throughamendments to the plan.

Because actual spills are rare, regulartraining of personnel at all levels andthe testing of equipment is essential.Spill drills and exercises can bevaluable in this regard, so long as theyare not too ambitious and include alarge element of surprise and realism,with all ‘players’ being willing torecognise problems in the final debrief.

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species composition, abundance anddistribution are a feature of the normalway it functions. Some of these naturalfluctuations can be dramatic and resultfrom climatic or hydrographic changes. ElNiño, for example, has majorconsequences for marine organisms,seabirds and marine mammalsthroughout the entire Pacific Ocean.

Various human activities can also bringabout significant environmental changesin an area. Examples are inputs ofcontaminants from urban and industrialdischarges (often via rivers), coastaldevelopment and commercial fishing.

Against this background of natural andman-induced changes it is oftendifficult to establish the precise extent ofthe effects of an oil spill. However, it isclear from all the research conductedover the past 30 years that oil spillsrarely cause long-term environmentaldamage. This is because any spilled oilthat is not cleaned up will ultimately bebroken down into its naturalcomponents. More importantly, thedynamics of the marine environmentare such that most marine species havean enormous potential to recover.

Recovery PotentialMany marine organisms produce vastnumbers of eggs and larvae which arereleased into the plankton and arewidely distributed by currents. Thisstrategy has evolved to overcome high

Marine oil spills can cause seriousdamage to natural resources and

to those whose livelihoods depend uponthese resources. Such effects arenormally temporary and localised,although the nature and duration of anyimpacts will depend on a number offactors. These include the type andamount of oil and its behaviour oncespilled; the physical characteristics of theaffected area; weather conditions andseason; the type and effectiveness of theclean-up response; and the biologicaland economic characteristics of the areaand their sensitivity to oil pollution.

Environmental Impacts

In considering the environmental impactsof oil spills, it is important to recognisethat the marine ecosystem is highlycomplex and that natural fluctuations in

Effects of Marine Oil Spills

natural mortality rates, which in thecase of the eggs and larvae of somemarine species can exceed 99.99%.However, this over-production of youngstages ensures that there is aconsiderable reservoir for thecolonisation of new areas, and for thereplacement of any adults which havebeen killed as a result of an oil spill.

Long-lived species, on the other hand,that do not reach sexual maturity formany years and which produce fewoffspring may take longer to recoverfrom the effects of an oil spill.Nevertheless, many of these do havein-built compensatory mechanisms toovercome the large mortalities that canoccur due to natural causes, such assevere storms or events like El Niño.Thus, some species of seabirds havebeen shown to mature earlier and tohave extra broods after a period ofpopulation decline. Migration of adultsand juveniles from neighbouring areaswhich have escaped the unfavourableconditions also frequently enhance therecovery process.

Habitats and Species at Risk It is rare that the animals and plantsliving in the world’s oceans and seasare seriously affected by an oil spill dueto the high dilution potential that thishabitat provides. Concerns are oftenexpressed about the potential effects ofspills on fish and shellfish eggs andlarvae which are found in the planktonbut there is no evidence that oil-induced losses have a significant effecton population numbers, especiallywhen compared to the enormousnatural mortalities.

Whales, dolphins and seals in the opensea are not particularly at risk from oilspills. Marine mammals that breed onshorelines are, however, more likely toencounter oil. Species which rely on furto regulate their body heat are the mostvulnerable since, if the fur becomesmatted with oil, the animals may diefrom hypothermia or overheating.

Seabirds are the most vulnerable usersof open waters since they are easilyharmed or killed by floating oil. Speciesthat dive for their food or which roost onthe sea surface are particularly at risk.Although oil ingested during preeningmay be lethal, the most common causeof death is from drowning, starvationand loss of body heat following damageto plumage by oil. Nevertheless, thenatural recovery mechanisms describedearlier normally ensure that after arelatively few years there is nodiscernible impact on breedingpopulations, even when oil spillmortalities have been high.

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Reduced catches of commercial fishand shellfish are sometimes reportedafter an oil spill. On rare occasionsmortalities can be caused by physicalcontamination or close contact withfreshly spilled oil in shallow waters withpoor water exchange. More often,reduced catches are due to otherfactors, as described later.

Experience from past oil spills showsthat coral reefs are only at risk if theyare directly exposed to floating oilduring extreme low tides or to highconcentrations of dispersed oil.However, in most cases the corals andassociated fauna are well submergedand floating oil will drift harmlessly overa reef without causing damage.

Shorelines, more than any other part ofthe marine environment, are exposed tothe effects of oil as this is where it naturallytends to accumulate. However, many ofthe animals and plants on the shore areinherently tough since they must be ableto tolerate periodic exposure to poundingwaves, drying winds, high temperatures,rainfall and other severe stresses. Thistolerance also gives many shorelineorganisms the ability to withstand andrecover from oil spill effects.

Rocky and sandy shores exposed towave action and the scouring effects oftidal currents tend to be resilient to theeffects of a spill as they usually self-clean quite rapidly. At the other end ofthe spectrum are ‘soft’ shoresconsisting of fine sands and muds.These are found in more sheltered

areas, including estuaries, and tend tobe highly productive, supporting largepopulations of migrating birds as wellas shellfisheries. They also act asnursery areas for some species. If oilpenetrates into fine sediments it canpersist for years, increasing thelikelihood of longer-term effects.

The upper fringe of ‘soft’ shores is oftendominated by saltmarsh which,although generally only temporarilyharmed by single oilings, can take morethan 10 years to recover if damagedthrough repeated contamination. Intropical regions, mangrove swampsreplace saltmarshes. The trees whichprovide the structure of this extremelyrich and diverse habitat can be harmedif oil smothers their breathing roots or iftoxic oils penetrate the sediments inwhich they grow. Where oiling is heavyand high mortality occurs, naturalrecovery can take several decades.

RestorationClean-up is the first stage of restoring adamaged environment. Thereafter it maybe justified to take further positive steps toencourage natural recovery, especially incircumstances where it would otherwisebe relatively slow. An example of such anapproach following an oil spill would beto replant a saltmarsh after the bulk oilcontamination had been removed. In thisway erosion of the area would beminimised and other forms of biologicallife encouraged to return.

While it may be possible to help restoredamaged vegetation and physicalstructures, animals are a more difficultproblem. In some cases the enhancedprotection of a natural breedingpopulation at a nearby site may bewarranted to provide a reservoir fromwhich recolonisation of the damagedareas can occur.

In reality, the complexity of the marineenvironment means that there aresignificant limits to the extent to whichecological damage can be repaired byartificial means. Attempts tometiculously reinstate a damaged sitewill, in most cases, be both impossibleand unreasonable, especially if naturalrecovery is likely to be rapid. In additionit must be appreciated that excessiveintervention by man, for example, bytrying to remove every last drop of oil,or by trying to ‘engineer’ theenvironment can often itself bedestructive and hinder natural recovery.

Economic Impacts

Contamination of coastal amenity areasis a common feature of many oil spills,leading to interference with recreationalactivities such as bathing, boating,angling and diving. Hotel and restaurantowners and others who gain theirlivelihood from the tourist trade can alsobe temporarily affected. Recoverydepends on restoring public confidence.

Industries that rely on seawater for theirnormal operation can be adverselyaffected by oil spills. Power stations anddesalination plants which abstract largequantities of seawater can be particularlyat risk, especially if their water intakesare located close to the sea surface,thereby increasing the possibility ofdrawing floating oil into the plant. Thenormal operations of other coastalindustries, such as shipyards, ports andharbours, can also be disrupted by oilspills and clean-up operations.

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Fisheries and MaricultureAn oil spill can directly damage the boatsand gear used for catching or cultivatingmarine species. Floating equipment andfixed traps extending above the seasurface are more likely to becomecontaminated by floating oil, whereassubmerged nets, pots, lines and bottomtrawls are usually well protected providedthey are not lifted through an oily seasurface. However, they may sometimesbe affected by sunken oil.

Reduced catches of fish, shellfish andother marine organisms are occasionallyreported after an oil spill. Most often thisis due to a reduction in fishing effort.Sometimes this results from aprecautionary ban on the catching andsale of fish and shellfish from the area,both to maintain market confidence and

to protect fishing gear and catches fromcontamination. Investigation may alsoreveal that the reduced catches allegedlydue to the oil spill are actually part of alonger-term downward trend resultingfrom over-fishing, industrial pollution orthe deliberate destruction of the coastalhabitats (eg mangroves) that are the vitalnursery areas of the commercial species.

Cultivated stocks are more at risk froman oil spill: natural avoidancemechanisms may be prevented in thecase of captive species, and the oilingof cultivation equipment may provide asource for prolonged input of oilcomponents and contamination of theorganisms. Cultured seaweed andshellfish are particularly vulnerable intidal areas where they may becomecontaminated with oil as the tide drops.

Civil Liability and FundConventions

Those affected by spills of persistent*crude oil and fuel oil from tankersbenefit from a uniquely successfulinternational compensation regime thatwas first devised by the governments ofmaritime States within the IMO in thelate 1960s, but which was updated in1992, 2000 and 2003. Under thistwo-tier regime both tanker owners andoil cargo receivers contribute to thepayment of compensation up to aboutUS$1.1 billion according to the termsof the 1992 Civil Liability Convention(1992 CLC), the 1992 FundConvention and its 2003 Protocol(Supplementary Fund).

The Conventions apply in any State thatchooses to ratify them, irrespective ofthe owner and flag of the tanker or theowner of the cargo. Most claims aresettled promptly without the need forlitigation because the liability of tankerowners is ‘strict’ (ie there is no need toprove fault).

As at 1 March, 2005, 92 States wereparty to both the 1992 CLC and 1992

* Whilst the term persistent oil is not precisely defined in any of the Conventions, the IOPC Fund hasdeveloped guidelines which are widely accepted. Under these guidelines, an oil is considered non-persistent if at the time of shipment at least 50 per cent of the hydrocarbon fractions, by volume,distill at a temperature of 340 ºC (645 ºF), and at least 95 per cent of the hydrocarbon fractions, byvolume, distill at a temperature of 370 ºC (700 ºF), when tested in accordance with the AmericanSociety for Testing and Materials’ Method D86/78 or any subsequent revision thereof. Oils which arenormally classified as persistent include crude oils, fuel oils, heavy diesel and lubricating oils. Non-persistent oils include gasoline, light diesel oil and kerosene.

Spill Compensation

Fund Convention (see page 37). Nineof these states were also party to theSupplementary Fund which entered intoforce on 3 March 2005.

1992 CLC Tanker owners are strictly liable to paycompensation for oil spill damage(including clean-up costs) within theExclusive Economic Zone of an affectedState, up to an amount determined bythe gross tonnage of the tanker which isthe source of the spill. In order toguarantee that tanker owners are ableto meet their maximum potential liabilitythe CLC requires that they maintainadequate financial security (normallythrough oil pollution insurance with aP&I Club). Claims for compensationmay be brought directly against theinsurer, thereby avoiding any problemsthat might be involved in identifying andlocating the registered owner of thetanker. All these measures benefit thevictims. In return the tanker owner maylimit his liability to the defined amount,except in exceptional circumstances.

1992 Fund ConventionOn the relatively rare occasions thatvalid claims exceed the tanker owner’s

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limit of liability under the 1992 CLC,additional compensation is providedunder the terms of the 1992 FundConvention. This is done throughthe International Oil PollutionCompensation Fund (1992 Fund).

Payments of compensation by the 1992Fund are financed by contributionslevied on oil companies and otherentities located in all 1992 Fundmember States that receive crude oiland heavy fuel oil by sea. Contributionsare only sought after a spill in order topay the resulting claims.

The 1992 Fund’s contributionarrangements are highly effective andensure that the costs of oil spills areshared on a world-wide basis. They arealso socially responsible since oilimporting companies in ‘rich’industrialised nations pay the majorityof the compensation, irrespective ofwhere the spill occurs. By ratifying the

Conventions developing countrieswhich export oil or which do not importmore than 150,000 tonnes of crude oilor heavy fuel oil can have access to thefull amount of compensation in theevent of a tanker spill at no cost to theiroil or power generating industries.

2003 Supplementary Fund A third tier of compensation forpollution damage caused by oil spillswas created with the adoption of aProtocol establishing an InternationalOil Pollution CompensationSupplementary Fund. This providescompensation over and above thatavailable under the 1992 Civil Liabilityand Fund regime and is designed toaddress the concerns of those Stateswhich consider that the 1992 limitsmight be insufficient to cover all validclaims arising out of a major tankeraccident. The Protocol is optional andparticipation is open to all States partyto the 1992 Fund Convention. The

Supplementary Fund is financed bycontributions payable by oil receiversin the States which ratify this newinstrument. However, for the purposeof contributions it will be consideredthat there is a minimum aggregatequantity of 1 million tonnes ofcontributing oil received in eachMember State of the SupplementaryFund.

To ease the burden on oil receivers, avoluntary agreement has been reachedamongst owners of small tankers tointroduce the Small Tanker Oil PollutionIndemnification Agreement (STOPIA).Under the terms of STOPIA the liabilityin respect of incidents involving tankersup to 29,548 GT is increased to20 million SDR – about $30 million.STOPIA applies to incidents in Statesparty to the Supplementary Fund witheffect from 3 March 2005.

Claims HandlingP&I Clubs and the 1992 Fund co-operate closely in the assessment andsettlement of claims, usually using jointexperts such as ITOPF. In the event of amajor incident a local claims office isusually established to assist potentialclaimants and to facilitate thesubmission of claims.

Compensation LimitsThe liability of tanker owners under the1992 CLC ranges from 4.5 millionSpecial Drawing Rights (SDR) - aboutUS$ 6.8 million - for a small tanker (upto 5,000 gross tons) to 90 million SDR- about US$ 137 million - for a tankerof 140,000 or more gross tons.

A maximum of 203 million SDR - aboutUS$ 309 million - is available perincident from the 1992 Fund,irrespective of the size of the tanker (this

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figure includes the sum paid by thetanker owner or his insurer under the1992 CLC).

An additional 547 million SDR(approximately US$ 831 million) isavailable to countries that opt to ratifythe 2003 Supplementary Fund. Asa result, the total amount ofcompensation available for eachincident in such countries isapproximately US$ 1,140 million.

Admissible ClaimsFor a claim to be admissible it must fallwithin the definition of pollutiondamage or preventive measures in the1992 CLC and Fund Convention. Auniform interpretation of the definitionsand a common understanding of whatconstitutes an admissible claim areessential for the efficient functioning ofthe international system ofcompensation. For this reason, theGovernments of the Member States ofthe 1992 Fund have established clearpolicies and guidelines, as summarisedin the organisation’s Claims Manual.

Admissible claims can fall under anumber of general headings:• Preventive measures

(including clean-up)• Damage to property• Economic losses• Reinstatement/restoration of

impaired environments

Preventive Measures Claims for measures aimed at preventingor minimising pollution damage may

include the costs of removing oil (cargoand fuel) from a damaged tanker posinga serious pollution threat, as well as thecosts of clean-up measures at sea, incoastal waters and on shorelines. Thecosts of disposing of recovered oil andassociated debris are also covered.

To qualify for compensation under theConventions, the costs as well as thepreventive measures themselves have tobe “reasonable”. This is generallyinterpreted to mean that the measurestaken or equipment used in response toan incident were, on the basis of an experttechnical appraisal at the time the decisionwas taken, likely to have been successful inminimising or preventing pollutiondamage. The fact that the responsemeasures turned out to be ineffective orthe decision was shown to be incorrectwith the benefit of hindsight are notreasons in themselves for disallowing aclaim for the costs involved. A claim maybe rejected, however, if it was known thatthe measures would be ineffective but theywere instigated simply because, forexample, it was considered necessary “tobe seen to be doing something”. On thisbasis, measures taken for purely publicrelations reasons would not be consideredreasonable.

Property DamageClaims under this category would includethe costs of cleaning contaminated fishinggear, mariculture installations, yachts andindustrial water intakes. In cases of verysevere contamination of fishing gear andmariculture equipment where effectivecleaning is impossible, replacement of the

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damaged property may sometimes bejustified, with a reduction for normal wearand tear.

Economic LossSpills can result in economic lossthrough, for example, preventing fishingactivity or causing a reduction in tourism.Such economic losses may be the directresult of physical damage to a claimant’sproperty (“consequential loss”) or mayoccur despite the fact that the claimanthas not suffered any damage to his ownproperty (“pure economic loss”). Anexample of the first category is thefisherman who cannot fish as aconsequence of his boat and gear beingcontaminated by oil. In the second casethe fisherman remains in port while thereis oil on the water in order to avoiddamaging his property but then suffers“pure economic loss” as he is preventedfrom fishing.

Claims for pure economic loss areadmissible only if they are for loss ordamage caused by oil contamination.It is also necessary that there is areasonable degree of geographic andeconomic proximity between thecontamination and the loss or damagesustained by the claimant.

Reinstatement/Restoration of anImpaired EnvironmentClaims for impairment of the environmentare accepted only if the claimant hassustained an economic loss which can bequantified in monetary terms. Claimsbased on theoretical and speculative‘models’ or formulae are therefore not

admissible. On the other hand,compensation would be available for thecosts of reasonable measures ofreinstatement/restoration. However, forany such measures to be consideredadmissible they would have to satisfy anumber of criteria aimed at demonstratingthat they were technically feasible andlikely to enhance natural recovery, andthat the costs were reasonable and notdisproportionate to the expected results.

The costs of post-spill environmentalstudies are admissible to the extent thatthey concern pollution damage ascovered by the 1992 CLC and FundConvention.

Record KeepingThe speed with which claims are settleddepends largely upon how long it takesclaimants to provide the P&I insurerand the 1992 Fund with theinformation they require in a formatthat readily permits analysis.

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For this reason it is vital during anyincident that records are kept of whatwas done, when, where and why inorder to support claims for the recoveryof the money spent in clean-up.Unfortunately, pressures to deal withpractical clean-up problems oftenresult in record keeping beingrelegated to a lesser priority. Theappointment of a financial controllerat an early stage of an incident canbe valuable, both to co-ordinateexpenditure and to ensure thatadequate records are maintained.

Bunker Spills Convention

Recognition of the problems that canbe caused by spills of heavy bunker fuelfrom non-tankers led to the adoption ofthe International Convention on CivilLiability for Bunker Oil PollutionDamage at an IMO DiplomaticConference in March 2001.

This IMO Convention seeks to ensurethat adequate compensation ispromptly available to persons who arerequired to clean up or who sufferdamage as a result of spills of ships’bunker oil, who would not otherwisebe compensated under the 1992 CLC.Although strict liability under theBunker Spills Convention extendsbeyond the registered owner to thebareboat charterer, manager andoperator of the ship, the Conventiononly requires the registered owner ofships greater than 1,000 GT tomaintain insurance or other financialsecurity. The level of cover must be

equal to the limits of liability under theapplicable national or internationallimitation regime, but in no caseexceeding the amount calculated inaccordance with the Convention onLimitation of Liability for MaritimeClaims, 1976, as amended.

The Bunker Spills Convention will enterinto force 12 months after it has beenratified by 18 States, including fiveStates with ships whose combined grosstonnage is not less than one million GT.As at 1 March 2005, this threshold wasfar from being met.

HNS Convention

The International Convention onLiability and Compensation forDamage in Connection with theCarriage of Hazardous and NoxiousSubstances by Sea (HNS Convention)was adopted by the IMO in May 1996.It aims to ensure adequate, prompt andeffective compensation for damagethat may result from shipping accidentsinvolving hazardous and noxioussubstances.

The Convention entitles claimants tocompensation for loss or damage topersons, property and the environmentcaused by incidents involving cargoesof oil, gases and chemicals, plus othersubstances which are hazardous inpackaged form. Pollution damagecaused by persistent oils alreadycovered by the CLC and FundConvention is excluded, as is damagecaused by radioactive materials and coal.

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The HNS Convention is modelled onthe CLC and Fund Convention. Thus,the shipowner (and his P&I insurer) isstrictly liable to pay the first tier ofcompensation whereas the second tiercomes from a fund levied on cargoreceivers in all Contracting States on apost-event basis.

Shipowner liability ranges from SDR 10million (about US$ 15 million) for shipsup to 2,000 GT, rising linearly throughSDR 82 million (about US$ 125million) for ships of 50,000 GT, to amaximum of SDR 100 million (aboutUS$ 152 million) for ships over100,000 GT. It is compulsory for allships over 200 GT to have insurance tocover the relevant amount.

An HNS Fund (which will most likely beadministered by the secretariat of theIOPC Fund) will provide compensationup to a total of SDR 250 million (US$380 million), inclusive of shipownerliability but irrespective of ship size. TheHNS Fund will comprise four separateaccounts for oil, LPG, LNG and ageneral account for other HNSsubstances such as bulk solids andchemicals. Each separate account willmeet claims attributable to the relevantcargo and will be funded in proportionto total receipts of relevant cargoes inContributing States.

The HNS Convention will enter intoforce 18 months after ratification by12 flag States, including four Stateseach representing 2 million GT and

Port States importing an annualaggregate of 40 million tonnes ofchemicals and other solid bulkmaterials which are hazardous inpackaged form. As at 1 March 2005,the Convention had been ratified byeight states.

National Laws

A number of countries have their owndomestic legislation for compensatingthose affected by spills of oil and othersubstances from ships. The mostcomprehensive example, which issummarised in the next section, is theUS Oil Pollution Act of 1990. Canadaalso has its own Ship-source OilPollution Fund (SOPF) which can beused to pay claims arising from spills ofboth persistent and non-persistent oilfrom all types of ship. As Canadais party to the 1992 CLC andFund Convention, the SOPF wouldonly become involved in payingcompensation in a case falling withinthe scope of these Conventions if thetotal value of the valid claims exceededthe 1992 Fund limit (as amended).

Other countries have chosen not toratify the international Conventions andinstead rely on laws originallydeveloped for other purposes. This isfrequently an unsatisfactory solution forclaimants, shipowners and other partiesinvolved in a pollution incident, sincethe provisions of these laws may bepoorly known and of limited relevanceto shipping accidents.

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In the wake of the EXXON VALDEZ oilspill in March 1989, US Congress

passed the Oil Pollution Act of 1990(OPA ‘90). It is a comprehensive pieceof legislation. Only those sections ofOPA ‘90 that relate to liability andcompensation for clean-up anddamage, and to prevention andpreparedness are briefly summarisedhere. More detailed information,including a complete copy of the Actand associated regulations, can beaccessed via the US Coast Guard’swebsite at www.uscg.mil.

It should be noted that OPA ‘90 does notprevent individual States in the USA fromimplementing their own more stringentoil spill laws and many have done so.

Oil Pollution Liability andCompensationThe owner, operator or bareboatcharterer (“responsible party”) of avessel from which oil is discharged, orwhich poses a substantial threat ofdischarge, into the waters (out to theEEZ) of mainland USA or its overseasterritories and possessions, is strictlyliable for removal costs and damages.

Removal CostsRemoval costs are the costs incurred incontaining and removing oil from waterand shorelines, or taking other actions inaccordance with the NationalContingency Plan, to mitigate damage topublic health or welfare, including fish,

shellfish, wildlife, and public and privateproperty, shorelines and beaches.

DamagesA wide range of damages arespecifically covered by OPA ‘90. Theyinclude:

• real or personal property damage;• loss of profits or earning capacity;• loss of subsistence use of natural

resources;• loss of Government revenues from

taxes, royalties, rents, fees etc;• cost of increased public services;• natural resource damage and the

costs of assessing such damage.

Any person or government who incursan allowable cost, damage or loss as aresult of an oil pollution incident maysubmit claims against the responsibleparty or its guarantor. In certain

Oil Pollution Act of 1990

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circumstances claims may be submittedto the Oil Spill Liability Trust Fund.

LimitsThe first layer of liability is placed on theresponsible party. In the case of tankvessels of less than 3,000 gross tons,this liability is the greater of US$1,200per gross ton or US$2 million. For tankvessels of over 3,000 gross tons, it isthe greater of US$1,200 per gross tonor US$10 million. For other types ofvessel (eg dry cargo vessels) the limit isthe greater of US$600 per gross ton orUS$500,000. No liability is placed oncargo owners under OPA ‘90.

The owners of ships over 300 gross tonsmust obtain a Certificate of FinancialResponsibility (COFR) as evidence oftheir financial capability to satisfy themaximum liability under OPA ‘90.

A responsible party’s right to limitationunder OPA ‘90 can be easily lost. Thiscan happen if the incident was causedby gross negligence or wilfulmisconduct, or if any applicable Federal

safety, construction or operatingregulation is violated. The right to limitwill also be lost through a failure orrefusal to report the incident, to provideall reasonable co-operation andassistance requested by a responsibleofficial in connection with removalactivities, or to comply with an orderunder certain sections of other Acts.

Oil Spill Liability Trust FundIn general, the Oil Spill Liability TrustFund comes into operation when theresponsible party denies a claim or failsto settle it within 90 days, or when thefirst level of liability is insufficient tosatisfy all admissible claims forcompensation. In circumstances wherethe Trust Fund pays claims that theresponsible party has denied, it will laterseek to recover the costs of settlingthose claims from the responsible party.The Trust Fund will consider claims foroil removal costs, third party damagesand NRDA costs, although there are anumber of conditions which have to besatisfied, as well as restrictions as to whois able to claim from the Trust Fund.

The maximum amount of compensationavailable from the Trust Fund is $1 billionper incident. It derives its money from aper barrel tax on imported anddomestically produced oil. The TrustFund is administered by the NationalPollution Funds Center, which produces ahelpful Claimant’s Information Guide.This is available from the Fund, theaddress of which can be found onpage 45 or at www.uscg.mil/hq/npfc/index.htm.

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PreventionThere are a considerable number ofsections in OPA ‘90 that deal with theprevention of oil spills, includingprovisions relating to the issue oflicences to seafarers; manningstandards for foreign tank vessels; USvessel traffic service systems; gauging ofplating thickness; overfill, tank level andpressure monitoring devices; tankernavigation safety standards andmanning; and double hull requirementsfor tank vessels. This last provisionrequires the phasing out of single hullvessels by certain dates (depending onthe size and age of the tank vessels).

Vessel Response Plans The owners or operators of vessels over400 GT are required to have approvedplans for responding to a worst casedischarge of oil or hazardous substance,or substantial threat thereof. Such Vessel

Response Plans (VRP) are required to beconsistent with the requirements of theNational Contingency Plan and AreaPlans and must:

(i) identify a Qualified Individualhaving full authority to implementremoval actions;

(ii) identify and ensure the availabilityof private personnel and equipmentnecessary to respond to a worstcase discharge or substantial threatthereof; and

(iii) describe the training, andequipment testing, periodicunannounced drills and responseactions of the crew.

VRPs have to be updated periodicallyand also have to be re-submitted forapproval after each significant change.

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The International Convention on OilPollution Preparedness, Response andCo-operation (OPRC) was adopted byan IMO Diplomatic Conference inNovember 1990. It entered into forcein May 1995. In March 2000 it wasextended by way of a Protocol to coverpollution incidents by hazardous andnoxious substances. This Protocol hasnot yet entered into force.

The primary objective of OPRC 1990 isto facilitate international co-operationand mutual assistance between Statesand regions when preparing for andresponding to major oil pollutionincidents, and to encourage States todevelop and maintain an adequatecapability to deal with suchemergencies. OPRC 1990 covers oilspills from offshore oil exploration andproduction (E&P) platforms, ports, oilhandling facilities and ships.

By ratifying OPRC a State commits itselfto establishing a national system forresponding promptly and effectively tooil pollution incidents. This shouldinclude, as a basic minimum, a nationalcontingency plan; designated nationalauthorities and focal points responsiblefor oil pollution preparedness andresponse; oil pollution reportingprocedures; and arrangements forhandling requests for assistance.

OPRC Convention

In addition, each party to the Convention,either individually or through bi- or multi-lateral co-operation, and in co-operationwith the oil and shipping industries, portauthorities and other relevant entities, isrequired to ensure:

• a minimum level of pre-positionedoil spill combating equipment;

• a programme of exercises for oilpollution response organisations;

• a training programme for relevantpersonnel;

• mechanisms or arrangements to co-ordinate the response to an oilpollution incident; and

• capabilities to mobilise resources.

The operators of ships, E&P facilities, portsand oil terminals are also required toprepare oil pollution emergency plans. Inthe case of ships, this is the same plan thatis required under MARPOL - theShipboard Oil Pollution Emergency Planor SOPEP.

The OPRC Convention will potentiallybenefit shipowners since it shouldresult in more effective oil spillresponse around the world. For thisreason ITOPF, together with otherindustry associations, has been co-operating with IMO to assist States tomeet the various requirements of theConvention.

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Germany x x x xGhana x x xGreece x x xGrenada x xGuatemala xGuinea x x xGuinea-BissauGuyana x xHaitiHonduras xHungaryIceland x x xIndia x x xIndonesia x xIran xIraqIreland x x x xIsrael + + xItaly x x xJamaica x x xJapan x x x xJordan x xKazakhstan xKenya x x xKiribatiKuwait x +Latvia x x x xLebanon xLesothoLiberia x x xLibya xLithuania x x xLuxembourg xMadagascar x x xMalaysia o + + xMaldives xMaliMalta x x xMarshall Islands x x xMauritania x xMauritius x x xMexico x x xMicronesia Monaco x x xMongolia xMorocco x x xMozambique x xMyanmarNamibia x xNauruNetherlands x x xNew Zealand x x xNicaragua xNigeria x x xNorth KoreaNorway x x x xOman x x

Pakistan xPalauPanama x xPapua New Guinea x xPeru x xPhilippines x xPoland x x xPortugal o x x +Qatar x xRomania x xRussian Federation x xSaint Kitts and Nevis x + xSaint Lucia + + xSt. Vincent &Grenadines x xSao Tome & Principe xSaudi Arabia xSenegal x xSerbia & Montenegro xSeychelles x x xSierra Leone x xSingapore x x xSlovakiaSlovenia x x xSolomon Islands +SomaliaSouth Africa x + +South Korea x x xSpain x x x xSri Lanka x xSudanSurinameSweden x x xSwitzerland x xSyria x + xTanzania x xThailand xTogoTonga x x xTrinidad & Tobago x x xTunisia x x xTurkey x x xTurkmenistanTuvalu o + +UkraineUnited Arab Emirates x x xUnited Kingdom x x xUnited States xUruguay x x xUzbekistanVanuatu x x xVenezuela x x xViet Nam xWestern Samoa x x xYemen x

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90Albania xAlgeria x xAngola x x xAntigua & Barbuda x x xArgentina x x xAustralia x x xAustriaAzerbaijan x + xBahamas x x xBahrain x xBangladesh xBarbados x xBelarusBelgium x xBelize x xBenin xBosnia &HerzegovinaBrazil x xBrunei Darussalam x xBulgaria x xCambodia x x xCameroon x xCanada x x xCape Verde x x xChile x x xChina x xChina (Hong Kongspec.admin.region) x x xColombia o x xComoros x x xCongo x x xCosta Rica xCote d’Ivoire xCroatia x x xCubaCyprus x xCzech RepublicDem. Rep. of theCongoDenmark x x x xDjibouti x x xDominica x x xDominican Republic x x xEcuador x xEgypt x x xEl Salvador x x xEquatorial Guinea xEritreaEstonia o + +EthiopiaFiji x xFinland x x x xFrance x x x xGabon x xGambia xGeorgia x x x x

Status of International ConventionsThis table shows which countries were parties to the 1969 CLC, 1992 CLC, 1992 Fund Convention,2003 Supplementary Fund and 1990 OPRC as at 3 March 2005. x denotes that the Convention wasin force in that country, whereas + denotes that it had been ratified but was not yet in force. o denotesthat the country had denounced that Convention but that it had not yet taken effect. For a current listsee the IMO or IOPC Fund websites (www.imo.org; www.iopcfund.org).

ITOPF produces a wide range oftechnical publications and papers, a

number of which are available free. Asmall charge is made for others, asindicated below.

Technical Information Papers

Each of these 12 TIPs covers a specifictopic in a concise manner (6-8 pages)and is illustrated by colour photographsand diagrams. Topics covered are:

• Oil Spill Effects on Fisheries• Aerial Observation of Oil at Sea• Use of Booms in Combating Oil

Pollution• Use of Chemical Dispersants to

Treat Oil Spills• Use of Skimmers in Combating Oil

Pollution• Recognition of Oil on Shorelines• Shoreline Clean-up• Disposal of Oil and Debris• Contingency Planning for Oil Spills• The Effects of Marine Oil Spills• Fate of Marine Oil Spills• Action: Oil Spill

Each TIP costs £1.00 per copy, reducingto £0.75 per copy (excluding postage) ifmore than ten complete sets are ordered.

We are currently updating the TIPs andexpanding the series to reflecttechnological advances and ITOPF’smore recent collective experience on awide range of oil pollution topics. Four

Publications

new TIPs have been published andothers will follow in 2005.

Response to Marine Oil Spills

A comprehensive review of theproblems posed by marine oil spills andavailable response measures. The bookis in five sections:

1 The Oil Spill2 Containment and Recovery3 The Use of Dispersants4 Shoreline Clean-up5 Planning and Operations

Available in English and Spanish(£20.00 per copy) from:

Witherby & Co Ltd32-36 Aylesbury StreetLondon EC1R 0ETTel: + 44 (0) 20 7251 5341Fax: + 44 (0) 20 7251 1296Email: books@witherbys.co.uk

For more information on otherlanguage versions, including French,Japanese and Korean, contactITOPF.

Tier 3 Centres

This joint ITOPF/IPIECA briefing papersummarises the Use of International OilIndustry Response Resources: Tier 3Centres. The nine-page paper describesthe features of the main Tier 3 Centres, the

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resources under their control, the terms foraccess by third parties and therequirements for their successful use in theevent of a major oil spill.

Single copies are available free fromITOPF; multiple copies will be chargedat £5.00 each.

Oil Spill Compensation

ITOPF and IPIECA also co-operated toproduce a briefing guide on theInternational Conventions on Liabilityand Compensation for Oil PollutionDamage. Updated in 2004, the guide,which aims to provide a summary ofthe fundamental features of theConventions, comprises an explanatorytext and a series of answers tofrequently asked questions.

Copies can be downloaded from theIPIECA website (www.ipieca.org) orpurchased from the IPIECA Secretariat,priced £6 each.

The ERIKA - video

ITOPF assisted in the production of this30-minute video, which provides agraphic account of this major oil spilloff France in December 1999,including the clean-up operations andthe mechanisms for compensatingthose whose livelihoods were affected.Copies of the video are available at acost of £12.50 (or US$20.00) fromSteamship Mutual UnderwritingAssociation Ltd:

Tel: +44 (0) 20 7247 5490Fax: +44 (0) 20 7377 2912E-mail: steamship@simsl.com

The Real Story - theEnvironmental Impact of

the BRAER - video

A 30-minute video, produced by theMarine Laboratory in Scotland, whichsummarises the main findings of thescientific studies into the impact of thismajor oil spill in Shetland in January1993.

Available from ITOPF at £10.00 in PALand NTSC versions.

Ocean Orbit

ITOPF’s newsletter with reports andarticles on developments concerningoil spill preparedness, response, effectsand compensation.

Annual Review

A review of ITOPF’s activities during theprevious 12 months, including theDirectors’ Report and Accounts.

Miscellaneous Papers

A wide range of papers presented byITOPF staff at conferences, seminarsand workshops, or published injournals are available on our website(www.itopf.com).

Managing Director

Dr Tosh Moller, a marine biologist by training, joined ITOPF in 1979.Previously, he held research posts at the University of Wales and theMarine Biological Station, Isle of Man, working on mariculture andfisheries biology projects. He was appointed Managing Director in2003.

Technical Team Managers

Hugh Parker, a chemist by training, joined ITOPF in 1980 from theWarren Springs Laboratory, where he worked on the development ofaerial techniques for monitoring and combating oil spills at sea. He wasearlier awarded an M.Phil. for his research on oil/water separation.

Dr Brian Dicks, a marine biologist by training, joined ITOPF in 1987,having previously been Director of the Oil Pollution Research Unit inWales, where he was involved with numerous research studies aroundthe world on the environmental effects of oil pollution.

Dr Karen Purnell is a chartered chemist and a member of the RoyalSociety of Chemistry. Prior to joining ITOPF in 1994 she was a ProjectManager involved in nuclear/toxic waste management andenvironmental remediation.

Senior Technical Advisors

Richard Johnson is a marine biologist and holds a Masters degree inRadiation and Environmental Protection. His previous employmentincluded investigation of fallout from the Chernobyl accident andassessing radioactive contamination of the marine environment. Hejoined ITOPF in 1994.

Katharina Stanzel is a marine ecologist with a Masters degree inCoastal Management. Prior to joining ITOPF in 1999 she worked assenior scientist and consultant on marine park and fisheries projects inAustralia, Indonesia and Singapore.

Staffing

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Technical Advisors

Dr Michael O’Brien is a natural resource economist. Prior to joiningITOPF in 2001 he worked in the USA for the NOAA DamageAssessment Center. Before that he was an Assistant Professor forEnvironmental Economics at the University of Innsbruck, Austria.

Alexander Nicolau is an engineer with degrees in Chemistry andChemical Engineering. After working in the chemical industry inGermany, he was seconded by the French oil industry to a post at theIMO/UNEP Regional Centre REMPEC in Malta, where he worked onprojects related to oil and hazardous substances spill preparedness andresponse. He joined ITOPF in 2002.

Dr Natalia Martini is a marine biologist with an MSc in EuropeanStudies. Following the completion of her PhD in 1999 she worked asan external consultant for both the Italian Ministry for the Environment(IME) and Oxford University. She joined ITOPF in 2003.

Stéphane Grenon has a degree in Microbiology and a graduatediploma in Ecotoxicology. Before joining ITOPF in 2003 he spent 11years with the Canadian Ministry for the Environment (EnvironmentCanada), the last six years as an environmental emergency responderdealing with oil spills and hazardous material related incidents.

Alex Hunt is a marine biologist with a Masters degree in TropicalCoastal Management. Before joining ITOPF in 2004 he worked as ascientific coordinator and research diver on coastal resourceassessment and habitat mapping projects in Indonesia, the Philippines,Nicaragua and Puerto Rico.

Andrew Tucker has a degree in Biology and a Masters degree inEnvironmental Science. He worked for the UK Environment Agency inthe fields of waste management, contaminated land and environmentalprotection before joining ITOPF in 2004. Andrew is a charteredmember of the Institute of Waste Management.

Senior Technical Support Co-ordinator

Tim Wadsworth has a degree in Engineering and recently completeda second degree in Law. He joined ITOPF in 1991 and hassubsequently been involved in many spills internationally. His primaryrole is to provide advice on spill response resources and to assist in theassessment of claims for compensation for clean-up activities.

Technical Support Co-ordinators

Keisha Huijer has a degree in Chemistry and an MSc in MarineResource and Environmental Management. Before joining ITOPF in2004, she was involved in research, data collection and statisticalanalysis at the Institute of Development Studies and the SustainableEconomic Development Unit in Trinidad. Her responsibilities at ITOPFinclude maintaining the oil spill database and claims assessment.

Colleen O'Hagan has a degree in Geophysics and a Mastersdegree in Remote Sensing and Image Processing. She joined ITOPF in2004 and is responsible for maintaining and developing theorganisation’s Geographical Information System and other projectwork.

Information Officer

Deborah Ansell has an MA in Librarianship and joined ITOPF in 1996from the Institute of Petroleum Library. She is responsible for maintainingITOPF’s extensive library of technical publications, the website and theCountry Profiles.

Information Systems Manager

Tony White has a degree in Computer Studies and 13 years' ITexperience working in commerce, government and professionalservices, specialising in infrastructure design and development. Hejoined ITOPF in 2004 and is responsible for maintaining anddeveloping the organisation's Information Technology systems.

IT Support Technician

Grant Carter has five years' IT experience working in the commercialsector. He joined ITOPF in 2005 and is responsible for the day-to-dayrunning of ITOPF's Information Technology systems.

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Finance and Administration Manager

Amanda Howarth has an MBA and joined ITOPF in 2000. In total,she has 7 years’ experience of the tanker industry and 13 years’experience in managerial accounts. Her responsibilities at ITOPFinclude the management of its financial affairs, membership proceduresand company administration.

Membership Secretary

Duncan Judd joined ITOPF in 2001. He has a degree in Politics andpreviously worked for the Chartered Institute of Arbitrators as DatabaseCo-ordinator. He is responsible for all matters relating to Membershipand Associate status, including the issuing of membership record forms.

Finance Officer

Doreen Pounds joined ITOPF in 2001. She is responsible for ITOPF’saccounting transactions, including the collection of Membership andAssociate dues.

Administration and Personnel Assistant

Carol Remnant joined ITOPF in 2001. She is an Associate Member ofthe Chartered Institute of Personnel and Development, with over 10years’ practical human resources experience. She is responsible for allITOPF’s personnel related issues, as well as additional administrativetasks.

Technical Group Secretary

Jayne Foster has a degree in Three Dimensional Design and joinedITOPF in March 1999. Her duties include maintenance of ITOPF’sextensive case-related filing system. She is also responsible for co-ordinating the travel movements of members of the TechnicalDepartment, and providing support in their absence.

Receptionist

Terry Goodchild worked for a market research company prior tojoining ITOPF in 2002. As well as acting as Receptionist, sheundertakes general clerical duties and is responsible for the distributionof ITOPF’s publications. She also provides secretarial support to theManaging Director.

International Tanker Owners PollutionFederation Limited (ITOPF)1 Oliver’s Yard, 55 City RoadLondon EC1Y 1HQTel: + 44 (0)20 7566 6999Fax: + 44 (0)20 7566 6950Email: central@itopf.comWeb: www.itopf.com

International Maritime Organization (IMO)4 Albert EmbankmentLondon SE1 7SRTel: + 44 (0)20 7735 7611Fax: + 44 (0)20 7587 3210Email: info@imo.orgWeb: www.imo.org

International Oil Pollution CompensationFund (IOPC Fund)Portland House, Stag PlaceLondon SW1E 5PNTel: + 44 (0)20 7592 7100Fax: + 44 (0)20 7592 7111Email: info@iopcfund.orgWeb: www.iopcfund.org

International Chamber of Shipping (ICS)Carthusian Court12 Carthusian StreetLondon EC1M 6EZTel: + 44 (0)20 7417 8844Fax: + 44 (0)20 7417 8877Email: ics@marisec.orgWeb: www.marisec.org/ics

International Group of P&I ClubsPeek House, 20 EastcheapLondon EC3M 1EBTel: + 44 (0)20 7929 3544Fax: + 44 (0)20 7621 0675Email: international.group@btinternet.com

Useful Addresses

International Association of IndependentTanker Owners (Intertanko)Head Office: Bogstadveien 27B, P O Box5804, Majorstua N-0308, Oslo, NorwayTel: + 47 22 12 26 40Fax: + 47 22 12 26 41Email: oslo@intertanko.comWeb: www.intertanko.com

London Office: St Clare House30-33 Minories, London EC3N 1DDTel: + 44 (0)20 7977 7010Fax: + 44 (0)20 7977 7011E-mail: london@intertanko.com

Asian Office: 5 Temasek Boulevard#12-07 Suntec City TowerSingapore 038985Tel: + 65 6333 4007Fax: + 65 6333 5004E-mail: singapore@intertanko.com

US Office: 801 North Quincy StreetSuite 200, Arlington, Virginia 22203Tel: +1 703 373 2269Fax: +1 703 841 0389E-mail: washington@intertanko.com

Oil Companies International MarineForum (OCIMF)27 Queen Anne’s GateLondon SW1H 9BUTel: + 44 (0)20 7654 1200Fax: + 44 (0)20 7654 1205Email: enquiries@ocimf.comWeb: www.ocimf.com

International Underwriting Association(IUA)London Underwriting Centre3 Minster Court, Mincing LaneLondon EC3R 7DD

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Tel: + 44 (0)20 7617 4444Fax: + 44 (0)20 7617 4440Email: info@iua.co.ukWeb: www.iua.co.uk

The Salvage Association5th Floor, 37-39 Lime StreetLondon EC3M 7AYTel: + 44 (0)20 7648 9650Fax: + 44 (0)20 7623 0439Email: salvage@wreckage.orgWeb: www.wreckage.org

International Salvage Union (ISU)PO Box 32293, London W5 1WZTel: + 44 (0)20 7345 5122Fax: + 44 (0)20 7345 5722Email: isu@randell.fsnet.co.ukWeb: www.marine-salvage.com

International Association ofClassification Societies (IACS)6th Floor, 36 BroadwayLondon SW1H 0BHTel: + 44 (0)20 7976 0660Fax: + 44 (0)20 7808 1100Email: permsec@iacs.org.ukWeb: www.iacs.org.uk

The Baltic and InternationalMaritime Council (BIMCO)Bagsværdvej 161, 2880 BagsværdDenmarkTel: + 45 44 36 68 00Fax: + 45 44 36 68 68Email: mailbox@bimco.dkWeb: www.bimco.dk

International Association of DryCargo Shipowners (Intercargo)9th Floor, St Clare House30-33 Minories, London EC3N 1DDTel: + 44 (0)20 7977 7030Fax: + 44 (0)20 7977 7031Email: info@intercargo.orgWeb: www.intercargo.org

International Petroleum IndustryEnvironmental Conservation Association(IPIECA)5th Floor, 209-215 Blackfriars RoadLondon SE1 8NLTel:+ 44 (0)20 7633 2388Fax: + 44 (0)20 7633 2389Email: info@ipieca.orgWeb: www.ipieca.org

International Association of Oil andGas Producers (OGP)5th Floor, 209-215 Blackfriars RoadLondon SE1 8NLTel:+ 44 (0)20 7633 0272Fax: + 44 (0)20 7633 2350Email: reception@ogp.org.ukWeb: www.ogp.org.uk

Regional Marine Pollution EmergencyResponse Centre (REMPEC)Manoel IslandGzira GZR 03, MaltaTel: + 356 21 33 72 96/7/8Fax: + 356 21 33 99 51Email: rempec@rempec.orgWeb: www.rempec.org

RAC/REMPEITC-CARIBFokkerweg 26WillemstadCuraçaoNetherlands AntillesTel: + 599 9461 4012Fax: + 599 9461 1996Email: imoctr@attglobal.netWeb: www.rac-rempeitc.org

National Pollution Funds CenterUS Coast Guard4200 Wilson Boulevard, Suite 1000Arlington, Virginia VA22203-1804, USATel: + 1 202 493 6700Fax: + 1 202 493 4900Email: jlane@ballston.uscg.milWeb: www.uscg.mil/hq/npfc/index.htm

1. Membership of The International TankerOwners Pollution Federation Limited(“ITOPF”) is subject to ITOPF’sMemorandum and Articles of Associationand to these Terms and Conditions, whichapply to all Owners who are Members ofITOPF as at 20th February, 1999, and toall Owners who thereafter are accepted forMembership. The Directors of ITOPF havethe right from time to time to add to ormodify these Terms and Conditions. Anysuch additions or modifications and theireffective date will be notified to Members.

2. Membership of ITOPF is available only toan owner or demise charterer (“Owner”) ofa tanker, being any ship (whether or notself-propelled) designed, constructed oradapted for the carriage by water in bulk ofcrude petroleum, hydrocarbon productsand any other liquid substance (“Tanker”).

3. A Member is required to notify ITOPF (orensure that ITOPF is notified) in writing fromtime to time of the name and tonnage ofTankers of which it is or becomes Ownerand in respect of which it wishes to beentitled to the services of ITOPF. A Memberwho is no longer the Owner of any Tankerwhose name and tonnage have been sonotified shall automatically cease to be aMember of ITOPF.

4. Subject to these Terms and Conditions, aMember has the right to request ITOPF toprovide technical and other services, adviceand information (“Services”) in relation to:

a) a spill (or the threat thereof)from a Tanker, including on-siteattendance to give technical advice withthe aim of effecting an efficient responseoperation and mitigating any damage;

Terms and Conditions of Membership(effective 20th February, 1999)

b) the technical assessment of damagecaused by a spill from a Tanker;

c) the technical assessment of claimsfor compensation resulting from a spill(or the threat thereof) from a Tanker;

d) oil pollution contingency planning,response techniques, oil spill effects andcompensation for oil pollution damage;

e) oil spill training courses, drills,exercises and similar events; and

f) the provision of such of ITOPF’spublications as are for circulation toMembers and such other generalinformation and advice as is within thescope of ITOPF’s Services.

5. It is a condition of entitlement to Servicesthat the Member’s ITOPF subscription hasbeen paid in respect of the current yearcommencing 20th February and for allprior periods of Membership, either directlyor by another body on the Member’sbehalf, and in respect of all Tankers notifiedpursuant to paragraph 3 of which theMember is the Owner.

6. Although under no obligation to solicit orobtain such information, ITOPF reserves theright from time to time to request anyMember or its insurer to provide informationsatisfactory to ITOPF concerning theMembers’ pollution liability insurance cover.It is a condition of entitlement to Services thatany Member or its insurer of which such arequest is made will duly comply.

7. ITOPF reserves the right to recover costsincurred in respect of the provision of anyServices from a Member, on whose behalfsuch costs are incurred. ITOPF will not

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1. Associate status of The InternationalTanker Owners Pollution FederationLimited (“ITOPF”) is subject to these Termsand Conditions, which apply to allAssociates of ITOPF as at 20th February,1999, and to all persons who thereafterbecome Associates. The Directors of ITOPFhave the right from time to time to add toor modify these Terms and Conditions.

2. Associate status of ITOPF is availableonly to such persons as the Directors ofITOPF may determine being an owner ordemise charterer (“Owner”) of any shipother than a tanker (“Ship”). For thesepurposes “tanker” means any ship(whether or not self-propelled) designed,constructed or adapted for the carriageby water in bulk of crude petroleum,hydrocarbon products and any otherliquid substance.

3. An Associate may be required tonotify ITOPF (or ensure that ITOPF is

Terms and Conditions of Associate Status(effective 20th February, 1999)

notified) in writing from time to time ofthe name and tonnage of Ships of whichit is or becomes Owner and in respect ofwhich it wishes to be entitled to theservices of ITOPF. An Associate who isno longer the Owner of any Ship shallautomatically cease to be an Associateof ITOPF.

4. Subject to these Terms and Conditions,an Associate has the right to requestITOPF to provide technical and otherservices, advice and information(“Services”) in relation to:

a) a spill (or the threat thereof) from aShip, including on-site attendance togive technical advice with the aim ofeffecting an efficient responseoperation and mitigating anydamage;

b) the technical assessment ofdamage caused by a spill from a Ship;

normally charge a fee for providing Servicesto a Member but may do so from time to timewhen circumstances warrant at ITOPF’sdiscretion. It is a condition of entitlement toServices that a Member will agree to, andarrange for, the payment of such costs andfees when so requested by ITOPF.

8. ITOPF reserves the right not to respondeither in whole or in part to any request byor on behalf of a Member for the provisionof Services whether because of a failure onthe part of the Member to meet a conditionset by ITOPF, or because of a lack of

available ITOPF staff capacity, or for anyreason which in ITOPF’s opinion mightadversely affect ITOPF, the safety of its staff,or the provision of the Services requested. Inthe case of competing demands for itsServices, ITOPF will normally give priority toits Members.

9. To the extent permitted by law, ITOPF shallhave no liability to any Member or otherperson for any direct, indirect, special orconsequential loss, expenses and/or costsarising out of or in connection with theprovision of, or failure to provide, any Services.

Note: Membership of ITOPF and payment of the relevant subscription referred to in paragraph 5 ofthese Terms and Conditions of Membership is normally arranged by a tanker owner’s P&I insurer. Thissubscription is currently calculated on the basis of 0.87 of a UK penny per gross ton of entered Tankers.

48

c) the technical assessment of claimsfor compensation resulting from a spill(or the threat thereof) from a Ship;

d) oil pollution contingency planning,response techniques and oil spill effects;

e) oil spill training courses, drills,exercises and similar events; and

f) the provision of such of ITOPF’spublications as are for generalcirculation and such other generalinformation and advice as is within thescope of ITOPF’s Services.

5. ITOPF will charge each Associate anannual subscription to assist in meeting itsgeneral expenses. It is a condition ofentitlement to Services that the Associate’sITOPF subscription has been paid inrespect of the current year commencing20th February and for all prior periods ofAssociate status, either directly or byanother body on the Associate’s behalfand in respect of all Ships notifiedpursuant to paragraph 3 of which theAssociate is the Owner. If in a winding-upof ITOPF there remains any surplus whichis attributable to Associates’ subscriptions,that surplus shall be distributed amongAssociates in proportion to the amountssubscribed by them.

6. Although under no obligation tosolicit or obtain such information, ITOPFreserves the right from time to time torequest any Associate or its insurer toprovide information satisfactory to ITOPFconcerning the Associate’s pollutionliability insurance cover. It is a conditionof entitlement to Services that anyAssociate or its insurer of which such a

request is made will duly comply.

7. ITOPF reserves the right to recover costsincurred in respect of the provision of anyServices from an Associate on whosebehalf such costs are incurred. ITOPF willnot normally charge a fee for providingServices to an Associate but may do sofrom time to time when circumstanceswarrant at ITOPF’s discretion. It is acondition of entitlement to Services that anAssociate will agree to, and arrange for,the payment of such costs and fees whenso requested by ITOPF.

8. ITOPF reserves the right not torespond either in whole or in part to anyrequest by or on behalf of an Associatefor the provision of Services whetherbecause of a failure on the part of theAssociate to meet a condition set byITOPF, or because of a lack of availableITOPF staff capacity, or for any reasonwhich in ITOPF’s opinion mightadversely affect ITOPF, the safety of itsstaff, or the provision of the Servicesrequested. In the case of competingdemands for Services, ITOPF willnormally give priority to its Members.

9. To the extent permitted by law, ITOPFshall have no liability to any Associate orother person for any direct, indirect,special or consequential loss, expensesand/or costs arising out of or inconnection with the provision of, orfailure to provide, any Services.

10. Notices to Associates may be givenin such manner as ITOPF may determineand shall be deemed given if given to anAssociate’s insurer or by way of pressadvertisement.

Note: ITOPF Associate Status and payment of the relevant subscription referred to in paragraph 5 ofthese Terms and Conditions of Associate Status is normally arranged by a shipowner’s P&I insurer. Thissubscription is currently calculated on the basis of 0.35 of a UK penny per gross ton of entered ships.

I Oliver’s Yard55 City RoadLondon EC1Y 1HQUNITED KINGDOM

Tel: +44 (0)20 7566 6999Fax: +44 (0)20 7566 695024hr:+44 (0)870 428 6901Email: central@itopf.comWebsite: www.itopf.com