The International Oil Pollution Compensation Funds (IOPC Funds) has issued new guidance for member states on investigating oil pollution incidents involving uninsured or unsafe ships.
The guidance emphasizes the use of photographic or visual evidence, satellite imagery, and forensic oil “fingerprinting” to establish a link between a ship and the polluting oil. When the suspect ship is in the vicinity of the spill, such as in cases where it has capsized or struck a reef, photographic evidence may provide an initial link. In more complex cases, sophisticated methods like satellite imagery and forensic techniques may be necessary.
This guidance was developed after discussions in April 2024, driven by incidents like the February 2024 oil spill in Trinidad and Tobago. It stresses the importance of proactive action from affected states to gather vital information about the spill and the responsible ship.
Delaying action can result in lost evidence, complicating efforts to assess claims and recover costs from liable parties. The guidance also highlights that states should seek information from multiple sources, such as flag states, port control organizations, classification societies, insurers, and private tracking companies, to aid in the investigation and decision-making process.
By providing comprehensive information to the IOPC Funds, affected states can help ensure that claims for pollution damage are processed efficiently and that compensation payments can be made in a timely manner.
As informed, the guidance is especially valuable when critical details about the spill, such as the cause or the ship’s insurance status, are unclear.
