According to the panel of experts appointed by the Dunkirk Commercial Court and the report of the subsequent judicial inquiry, the cause was serious corrosion of the internal structures of the vessel. This conclusion was reiterated in the decision of the Paris Criminal Court.

The panel of experts submitted its report on November 28, 2005. According to the report, “Total could not have detected the corrosion of the Erika structures, as revealed after the accident, at the time of chartering or vetting.”

The corrosion had been concealed from the charterer, TOTAL S.A. The vessel had nonetheless been issued with a certificate by RINA, a leading classification society and member of the IACS*, attesting that its structures were in good condition. The Erika had recently undergone a major 5-yearly dry-dock overhaul, during which significant repairs were carried out.

The report of experts appointed by the Court showed that the shipwreck occurred under the following conditions:

• The documents issued did not reflect the true condition of the vessel following its overhaul.
• The experts’ report revealed that there were areas of corrosion at the base of tanks, which should have prevented the vessel from being certified.
• It also revealed that certain repairs had not been carried out, even though the vessel’s certificates indicated that they had.

The gale force winds (Beaufort 8-9) that the Erika faced on December 11 and 12 were a contributing factor but were not sufficient on their own to cause the vessel to sink.