The Erika was carrying No. 2 fuel oil intended for use in a power plant owned by Italy’s national electric utility ENEL. No. 2 fuel oil is a conventional petroleum product used mainly as a fuel in power plants and cement plants, as well as for ships with powerful, low-speed diesel engines.

It is produced in refineries by mixing a heavy petroleum fraction with a fluxing agent to produce a less viscous product suitable for commercial use. It is the third most commonly used petroleum product after gasoline and diesel.

Heavy fuel oil is a commercial product produced by refineries. It is the third most commonly used petroleum product after gasoline and diesel fuel.

The Criminal Court in Saint-Nazaire ruled on December 6, 2000 that fuel oil is not a waste product, and this judgment was upheld by the Appeals Court in Rennes on February 13, 2002. In 2008, the Court of Justice of the European Communities as well as the Final Appeals Court both agreed that N°2 fuel oil is a commercial product.

However, when this oil is mixed with seawater and sand, it is no longer a commercial product but waste and needs to be treated. The waste from the Erika was treated at Total’s Donges refinery between 2000 and 2004.

The many analyses conducted as part of expert evaluations ordered by various civil and administrative courts and by the investigating magistrate confirmed that the Erika’s sole cargo was No. 2 fuel oil.

These findings were further corroborated by analyses conducted by the French Petroleum Institute (IFP). It is worth noting that other checks had also been performed prior to the sinking:

• A quality control analysis when the product left the Dunkirk refinery.
• An analysis required by the contract between the seller and the buyer, carried out by an independent laboratory.