Settlement of Erika Incident
The Erika sank on 12th December 1999 in the Bay of Biscay, some 60 nautical miles off the coast of Brittany, France. Some 400 kilometres of shoreline were polluted by the oil, causing a considerable impact in particular on businesses in the fisheries and tourism sector.
The total amount available to pay compensation for this incident under the 1992 Civil Liability and Fund Conventions is some EUR184.7 million. Payments of compensation have been made for a total of EUR129.7 million. Therefore, there now remains some EUR55 million available for compensation.
The main objective of the global settlement is to ensure that civil parties who, by the judgement of the Criminal Court of Appeal in Paris in March 2010, had been awarded compensation for damage caused as a result of the incident, received such compensation as soon as possible.
Under the general four party agreement, the 1992 Fund, Steamship Mutual, RINA and Total have undertaken to withdraw all proceedings against the other parties to the agreement and, in addition, have waived any rights to bring any claim or action which they might have in relation to the Erika incident against any of the other parties to the agreement. Under the agreement the 1992 Fund will continue to handle the 13 pending legal actions brought against it, totalling some EUR19.9 million, and will pay in accordance with judgements.
The 1992 Fund Executive Committee has expressed its satisfaction about the conclusion of such a settlement as it will facilitate prompt payment of compensation to victims, which is the primary mission of the IOPC Funds.
