Special Reports

Erika: Glossary

The Cedre: center for documentation, research and experimentation on accidental water pollution

Cedre is a French non-profit organization created in 1978 in the aftermath of the Amoco Cadiz oil spill in a commitment to improving accidental water pollution preparedness and strengthening France's emergency response system. It is responsible for preparing documentation, conducting research and carrying out experiments on pollutants, their effects and the specialized methods and resources used to abate them. It provides nationwide advice and expertise on both marine and inland waters. Its services are accessible 24/7 for national and local authorities who are officially in charge of coordinating the emergency response, regardless of the spill's severity. Backed by a team of about 45 people, Cedre has an annual budget of roughly €4 million, three-quarters of which is financed by subsidies or contracts from governmental agencies, public organizations or industry associations.


Civil Liability Convention (CLC)

The first CLC was signed in 1969 in the wake of the Torrey Canyon oil spill to ensure that persons who suffer oil pollution damage obtain compensation without difficulty or delay. CLC is an international convention signed in its existing form in 1992, at the same time the International Oil Pollution Compensation Funds (IOPC) was set up. Together, they form an effective system for compensating victims of oil pollution damage resulting from tanker spills. The fact that responsibility does not have to be determined ensures timely compensation.

The CLC covers tier-one compensation, i.e. shipowner liability. Liability limits are based on the ship's gross tonnage, up to a maximum of 59.7 million Special Drawing Rights (SDRs) for the largest vessels ($81 million at January 15, 2003). If compensation available under the CLC is inadequate, the IOPC Funds provide a second tier.


Civil party

An individual or entity that deems itself a victim of an offence that is the subject of a public prosecution and is claiming damages for its loss. A civil party associates in the action initiated by the Public Prosecutor. Once a court has determined criminal liability, it then examines claims for damages and sets the amount of compensation.


Enhanced Survey Program (ESP)

EPS is a special oil tanker inspection program. The Enhanced Survey Program for oil tankers – IMO resolution A.744(18) –provides for an enhanced vessel survey every five years.


IOPC: the International Oil Pollution Compensation Fund

The IOPC provides compensation for damage due to oil pollution. The fund adds a second tier of compensation in cases where the first tier, paid by the ship-owner, is insufficient. Total contributes to the fund pro-rata, with input indexed to the Group’s hydrocarbon imports into countries that have ratified the international convention setting up the IOPC. Since the Erika disaster, the IOPC compensation ceiling has been practically quadrupled, now standing at €900 million per incident. Total worked with other oil companies to bring about this increase.


MARPOL (Marine Pollution)

The MARPOL is an international convention on marine pollution caused by shipping, drawn up under the aegis of the International Maritime Organization (IMO). The convention, signed on November 2, 1973, was modified by a protocol in 1978 and two further amendments. MARPOL has been signed by 136 countries, including France.
Anti-Pollution Bill (July 1983): This legislation sets out the sanctions applying to marine pollution by hydrocarbons. The bill has been amended several times. Article 8 of the bill is incompatible with the international MARPOL Convention, and it was wrongly used as a reference by the court.


OCIMF (Oil Companies International Marine Forum)

OCIMF was formed at a meeting in London on April 8, 1970. It was initially the oil industry's response to increasing public awareness about marine pollution, particularly by oil. Today, it deals with maritime safety in general, and more particularly the safe operation of oil tankers and terminals, supporting continuous improvement in construction and operation standards. The OCIMF provides a forum for analyzing and discussing the development of international conventions and national legislation. The oil industry participates by contributing its professional expertise and its knowledge of governmental and inter-governmental bodies. OCIMF membership currently comprises 42 oil companies worldwide.


Polmar

When a spill occurs along the coast or at sea, the Polmar offshore and onshore emergency plans are implemented to organize and coordinate pre-identified pollution control measures. Maritime prefects are responsible for implementing the Polmar offshore plan. In the case of the Erika oil spill, it was the prefect of Brest who was in charge. If an incident occurs along the coast, the prefects of the departments concerned are responsible for implementing the Polmar onshore plan, under the supervision of the Interior Ministry. At the time of the Prestige oil spill, the southwest region's emergency response was coordinated by the prefect in Bordeaux.


Ship Inspection Report program (SIRE)

The SIRE system is a database set up by the OCIMF in 1993 to centralize technical information on oil tankers gathered during inspections performed by oil companies while the vessel is in port and other information provided by shipowners and managers. The database contains up-to-date technical and operational data on tankers, allowing oil company vetting departments to check that a vessel is well maintained, fitted and crewed before chartering it. It is an important resource for verifying the general condition of a vessel and the abilities of its crew, but for practical reasons vetting inspections do not include an assessment of the vessel’s structural condition.


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