
Learning from the Erika Oil Spill. Above: An ad condemning, Total Fina, the French oil company, as responsible for the Erika Oil Spill (2001). The French public branded them as FATAL. In the end the French oil company admitted responsibility and had to pay for both the clean up costs and the siphoning of the Erika tanker. They also set up an emergency fund to help the communities affected and to promote back tourism in Brittany, France. (We will publish this in another entry.)
Excerpt from OECD (Organization for Economic Cooperation and Development Jan 2001) provided by field.org.uk
CONSEQUENCES FOR RESPECTIVE PARTIES
THE FRENCH GOVERNMENT HAS CHARGED – Giuseppe Savarese (the beneficial owner of the Erika), Panship (the vessel’s ship-manager) and RINA (the vessel’s classification society) with putting lives in danger and causing marine pollution. The Master of the ship was similarly charged but later released.
RINA? SUED eleven organisations in connection with their roles in the sinking of the Erika. These include: the registered owner (Tevere Shipping), Panship, the charterer (TotalFina), the ship-owner’s P&I club (Steamship Mutual), the IOPC and the French government. This action was served in Augusta, Sicily on 12 April 2000.
TEVERE SHIPPING has been sued for a reported US$4 million by TotalFina for the loss of its heavy fuel oil cargo, this action being filed in Dunkirk. The liabilities of the ship-owner in terms of oil pollution damage – despite the evident failings of the vessel are confined to the limits specified in the Civil Liability Convention. This would amount to around US$12.3 million. Moreover, even this is prospectively recoverable from the owner’s P&I club, Steamship Mutual.
BENEFICIAL OWNER GIUSSEPE SEVARESE? ? reportedly owes the vessel’s crew for three months unpaid wages, and is likely to be sued for the recovery of these monies.The vessel operator and ship-manager Amarship and Panship respectively have no liability for oil pollution damage under IMO conventions. Nonetheless, the French government is pursuing legal action against the latter, as well as against the beneficial owner, Giuseppe Savarese.
PANSHIP also stands to lose its ISM certification, based on recommendations by RINA to the Maltese and Italian authorities.
SELMONT INTERNATIONAL, as time-charterer of the Erika, has similarly not incurred any known liabilities arising from the loss of the vessel. As it is not the registered owner of the ship, it is exempt from any claims arising from oil pollution damage.
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