TotalFinaElf SA, represented by its Vice President of Legal Affairs, appeared at a hearing before Ms Dominique de Talancé, senior examining magistrate of the Paris District Court (Tribunal de Grande Instance), where she informed the Company that she would be bringing formal charges against it. In addition, Ms de Talancé imposed judicial supervision measures that require the Company to post a surety of FF 50 million and prohibit it from chartering vessels more than 15 years old to transport No. 2 fuel oil. Ms. de Talancé has been investigating the Erika incident since January 2000.

TotalFinaElf feels that posting a surety serves no useful purpose and makes no sense. The prohibition on chartering vessels more than 15 years old to carry No. 2 fuel oil is at the very least discriminatory. TotalFinaElf complies with all recommendations contained in the Gayssot Charter on oil tanker safety.

TotalFinaElf will be appealing this decision in the appropriate court.

TotalFinaElf has cooperated fully with the judicial authorities. It is unthinkable that the Company would in any way seek to circumvent an unfavorable legal decision. TotalFinaElf has more than 50,000 employees in France and is a major contributor to the country’s economy. There can be no doubt about its solvency.

Lastly, TotalFinaElf has already taken tangible measures that demonstrate its solidarity with victims of the oil spill. The company is working to repair the damage and has allocated FF 1.2 billion to clean up the coast, pump out the wreck and treat the waste collected.