However, the decision on the WFD directive means that if the victim is not fully compensated by the funds available through the CLC and Fund Convention, then they may make separate claims under the WFD against charterers and/or the owner or seller of the oil cargo. [5], Coordinates: 47°9′N 4°15′W / 47.150°N 4.250°W / 47.150; -4.250, Learn how and when to remove this template message, http://www.english.rfi.fr/environment/20100330-total-loses-erika-oil-spill-appeal, Report of the Enquiry into the Sinking of the Erika off the coasts of Brittany on 12 December 1999, Bureau d'Enquêtes sur les Événements de Mer, Rapport d’enquête sur le naufrage de l’ERIKA, judgement Erika (in french) january 16, 2008, slides of Erika by her crew few hours before sinking, Erika trial appeal - Paris october 5th -november 18th 2009, appeal ruling (in french), march 30, 2010, Shipwrecks and maritime incidents in 1999, https://en.wikipedia.org/w/index.php?title=MV_Erika&oldid=979861716, Articles with French-language sources (fr), Articles needing additional references from February 2008, All articles needing additional references, Creative Commons Attribution-ShareAlike License, International Load Line Certificate - Dated December 16, 1998 valid until August 31, 2003, Safety Construction Certificate - Dated December 16, 1998 valid until August 31, 2003, International Pollution Certificate - Dated December 16, 1998 valid until August 31, 2003, Safety Equipment Certificate - Dated December 16, 1998 valid until August 14, 2000, Radio Certificate - Dated November 23, 1999 valid until March 31, 2000, This page was last edited on 23 September 2020, at 06:19. As the liability of the shipowner is linked to the ship’s gross tonnage, insurers are able to gauge the “worst-case scenario” which may result from a casualty and allows them to allocate risk with a degree of certainty. On 31st January 2006, the Marshall Islands-registered chemical tanker, ECE was on a laden voyage from Safi, Morocco to Ghent, Belgium with a cargo of 10,361 tonnes of Phosphoric Acid when she collided with the bulk carrier GENERAL GROT-ROWECKI off Alderney, Channel Islands, UK. The accident triggered new EU-legislation as regard to transport by sea. Pharmacia Lisbon, Categories: Oil, Europe, Oil Tanker, Dispersants, Spain. St Thomas Hospital Rheumatology, Categories: Africa, Oil, Bulk Carrier, Environmental effects, United Kingdom. As she entered the Bay of Biscay, the Erika ran into a heavy storm. In effect this exposes certain parties to unlimited liability for oil pollution and may be a step towards dismantling the international consensus (excluding the USA) that has existed since the aftermath of the Torrey Canyon spill in the 1960s. The ECJ also implied that even if the spillage had occurred in open sea as the oil had washed up on a member state’s shore the WFD would still apply. Categories: Asia, Response Techniques, Oil, Oil Tanker, Environmental effects, Economic effects, Disposal, Compensation, Dispersants, Korea. Without doubt, the vetting of tankers by charterers and owners of oil cargoes is now of paramount importance and this process will need to be exhaustive and rigorous if these parties are to any have chance of fighting charges of negligence and disproving contributory risk to the oil pollution damage in both the civil and criminal spheres. About 20,000 tonnes of oil were spilled.