Amazzone: compensation
The
legal framework
The
activation of the Polmar Plan authorises financial cover for the
expenses incurred by the regional orgnaisations and the exceptional
expenses for the State services through a specific fund, known
as the Polmar Fund. On 8 February, the State provided 2 million
French francs (305,000 euros) for Finistère. The expenses
incurred were significant, in particular for the coastal and portal
clean-up operations and repairs to damaged access roads. Benefits
had to be paid to fishermen, aquaculturists, seaweed collectors
and tourism personnel, until their economic losses could be evaluated
and they could be given compensation.
In
conjunction with operational conventions, it was the shipowner's
responsibility to provide compensation for all the vicitims, through
the insurance excess, then through his mutual insurer, his Standard
Protection and Indemnity Club (standard P&I), up to a certain
limit determined by the tonnage of the ship. As a payment guarantee,
the Club chose to deposit the sum at Brest's High Court of Justice.
This sum was the "limitation fund", an envelope containing
13.86 million francs (2,113,000 euros), to be shared between all
the workers and organisations. The FIPOL, an intergovermental
organisation created in 1978 as part of the Internation Maritime
Organisation, completed the sum up to a second limit determined
by the tonnage of the ship.
Compensation claims
The
French State did not submit its compensation claim until almost
two years later. Estimations of the clean-up costs, the loss of
amenities, losses in terms of tourism, and damage to natural resources
proved to be long and difficult. The overall sum claimed by the
Government was first estimated at 22.255 million francs (3,393,000
euros), then later modified to 20.960 francs (3,195,000 euros).
Claims were registered from 25 towns in the Côtes d’Armor
region, and 15 towns in the Calvados region, totaling 1.276 million
francs (194,500 euros). Five French fishermen and a private organisation
responsible for oiled bird clean-up operations registered compensation
claims to the tune of 300,000 francs (46,000 euros). In total,
the claims came to more than 22.5 million francs (3,430,000 euros).
The Jersey and Guernsey authorities added their £24,776
(35,588 euros) to the list, for clean-up costs.
Compensation
awarded
Each
compensation claim was studied by Standard Club and FIPOL experts.
The insurer, and then the compensation fund, accepted the amounts
after subtracting any elements of the claim deemed excessive, including
interest where necessary.
From 1988 to 1992, the regions and villages received 1.09
million francs (166,000 euros) including interest, and the fishermen
and the bird clean-up association 197,000 francs (30,000 euros).
The French Government's claim was accepted for the sum of 17.15
million francs (2,615,000 euros), 83 % of the total claimed. In
November 1992, they received, with interest, the sum of 18.755 million
francs (2,860,000 euros).
Penal
proceedings
As
the pollution was the result of an error, FIPOL and the French State
decided to sue the parties potentially at fault. Experts were chosen
by the Commercial Court of Anvers, the French State, FIPOL and the
villages. They inspected the ship and the ship's papers. Indications
of negligence were recorded against the shipowner and the cargo
owner.
A
right of action was filed by the FIPOL administrator and the French
Government. Cherbourg's court assessed the exact responsabilities
of each party. It was established that the disaster was the result
of the personal fault of the Amazzone's owner. The shipowner pleaded
guilty to having insufficiently maintained the Butterworth cover
system, the origin of the disaster.
The
French State claimed 20,960,056 francs (3,195,000 euros) plus interest,
as when proceedings began compensation by FIPOL had not yet been
settled. They withdrew their claim in November 1991 when the compensation
from FIPOL had been paid. FIPOL continued proceedings, in a bid
to be reimbursed for the expenses incurred or still to be incurred.
The
legal proceedings finished in June 1992. After three months of negotiations,
an out of court agreement was signed. FIPOL received 4.5 million
francs (686,000 euros) from the shipowner, the charterer and their
insurers.
Last update: April
2006