The media battle Intertanko媒体战INTERTANKO.pptVIP

CIVIL LIABILITY AND COMPENSATION INTERNATIONAL CONVENTIONS Civil Liability Convention 1992 (CLC 92) Fund Convention 1992 CLC 92 Strict liability on tanker owner for oil pollution damage “Channelling” of liability to owner Liability of insurer Limitation of liability FUND CONVENTION International Oil Pollution Compensation Fund (IOPC Fund) Damage not adequately compensated by shipowner HANDLING OF INCIDENTS POLLUTION Media Politicians Emotion Multiple claims Misconceptions and mistrust EXPOSURE Pollution claims Detention of ship/crew Reputation WHAT IS BEING DONE TO COMPENSATE VICTIMS? Contact with claimants Explaining compensation arrangements Interim payments Braer Sea Empress Nissos Amorgos TASMAN SPIRIT THE ERIKA, PRESTIGE AND PROPOSALS FOR CHANGE COMPENSATION Review of Conventions IOPC Fund Third Intersessional Working Group COMPENSATION Shipowner’s liability Proposed extra incentives higher limit breaking limitation liability of charterers Amoco Cadiz COMPENSATION Keep it simple Keep to original purpose PREVENTION OF POLLUTION AND CRIMINAL LIABILITY PREVENTIONProposals Post-Prestige MARPOL amendments Accelerated phase-out of single hull tankers EU laws Criminal liability CRIMINAL LIABILITYOperational Discharges MARPOL Annex I Problems of enforcement CRIMINAL LIABILITYAccidental Discharges No liability for pollution resulting from damage to ship Unless caused by i) lack of response to incident, or ii) deliberate or reckless misconduct CRIMINAL LIABILITYEU Draft Directive “Illegal” discharges Covers accidental spills Including spills excluded by MARPOL Current position CRIMINAL LIABILITYEU Draft Directive Operational discharges Enforcing existing laws CRIMINAL LIABILITYEU Draft Directive Accidental spills Gross negligence Safeguards When The Worst Happens Dealing with the media The PR battle – is it still worth doing? IS IT STILL WORTH DEALING WITH THE MEDIA ? Prestige The media spotlight Say Nothing Take positive steps to manage t