Fight against coastal pollution

ORSEC / POLMAR-Terre system

The purpose of the POLMAR system is to deal with accidental or deliberate pollution. While the POLMAR system is particularly well-suited to oil pollution, its general approach also applies to chemical pollution.

In parallel with the local emergency response plan, the POLMAR-Terre (POLlution MARitime) plan is a measure put in place to fight against marine oil pollution along the French coastline when the event exceeds the limits or capacities of a local authority. It is triggered by the departmental prefect in the event of accidental marine pollution reaching the coast.

The objectives of the “POLMAR-Terre” Plan are as follows:

• Identify the nature of the pollution
• Define the extent of the impact and the environment affected (fragile ecosystems, ports, etc.)
• Implement clean-up operations (specialized resources, etc.).  

It is divided into 3 phases:

• Emergency phase: preparing for action
• Support and immediate follow-up phase
• Post-accident phase: managing the aftermath

This plan complements the general provisions of the ORSEC (Organisation de la Réponse de Sécurité Civile) emergency response program at a departmental or area level: in the event of a disaster, this “ORSEC” system enables the rapid and effective deployment of all necessary resources under the authority of the prefect.

Non-crisis management includes the regular updating of specific ORSEC POLMAR/Terre provisions every 5 years, and the training of resource persons, particularly coastal community staff, is provided by the Centre de documentation, de recherche et d’expérimentations sur les pollutions accidentelles des eaux (CEDRE).

On October 1 and 2, 2019, the Syndicat Mixte took part in a “POLMAR-Terre” simulation exercise on the Saint-Julien-en-Born and Messanges coasts, with the activation of a departmental operational centre in the Landes prefecture. The scenario was as follows: arrival of an oil slick on the beaches of Contis and Messanges at the end of the day.

This exercise enabled the following:

• Testing the command and information chain
• Testing 1^st response emergency measures (mobilisation of anti-pollution resources, communication plan for communes and the general public, etc.).

How is funding obtained?

According to the “polluter pays” principle, the first action will be to turn to the shipowner to assume the costs incurred by the pollution.

Emergency funding may also be requested, with the prefecture setting up a special financial unit in the event of the activation of the POLMAR/Terre Plan: to be eligible, exceptional expenses incurred by public bodies in pollution response actions must be the subject of the execution of specific legal acts (public contracts, requisitions, agreements, etc.).

Action against uncontrolled degassing on the high seas

The Syndicat Mixte is authorised to take legal action against the degassing carried out by ships on the high seas near the Aquitaine coastline, or off the Breton coast in the direction of the currents, i.e. south of the Penmarch peninsula.

The Syndicat Mixte has sued the shipowners on several occasions and won the case, receiving a total of almost 115,000 euros in damages and interests.

These convictions, along with increased surveillance by the Gendarmerie Maritime forces, have significantly reduced the number of cases of degassing on the high seas.

However, caution must be kept, and in the event of any suspicion of marine pollution reaching the Landes coastline, the Syndicat Mixte will have a bailiff take note of the state of the coastline prior to the arrival of the pollution. This approach ensures that any legal action taken against the owner of the polluting vessel will not jeopardize the chances of compensation for the communities affected.  

The case of the “PRESTIGE” shipwreck 

The Syndicat Mixte is supporting the Landes communities who have joined as civil parties in this legal action before the Spanish courts.

Some important dates

• 19 November 2002: Sinking of the “PRESTIGE” off Galicia in the Atlantic Ocean. Nearly 63,000 tonnes of fuel oil pollute the French, Spanish, and Portuguese coastlines.  
• 22 August 2003: Creation of the Syndicat Mixte de Protection du littoral landais (Landes coastal protection joint association).
• 18 March 2009: The examining magistrate of the Corcubion court refers three of the ship’s crew members back to court: the case against the former director of the Spanish merchant navy is dismissed.
• 19 October 2012: Opening of the trial before the Court of A Coruña, with the referral of 4 people to this court: the ship’s captain and chief officer, the chief engineer, and the director of the acting Spanish merchant navy at the time of the sinking.
• 13 November 2013: Judgement of the Court of A Coruña: the captain, the chief officer, and the representative of the Spanish State are declared innocent regarding the offences against the environment and damage to natural and protected areas. On the other hand, the ship’s captain was convicted of serious disobedience following his refusal to accept the tow before referring the matter to the shipowner.
• 26 January 2016: the Supreme Court of Madrid overturned the judgement of the Court of A Coruña: the captain of the “PRESTIGE” was no longer convicted of serious disobedience, but rather of reckless environmental damage. The shipowner’s insurance company is ordered to compensate the victims.
• 15 November 2017: Judgement of the Court of A Coruña: the amount of compensation awarded to the Landes local authorities (excluding the commune of Biscarrosse) is confirmed at €460,000, in addition to the compensation awarded to the commune of Biscarrosse, which has filed a separate claim, at €58,204.67.

To this date, the Landes communities have received 200,000 euros from the IOPC Fund. The insurance company LONDON INSURANCE has been ordered by the Court of A Coruña to pay the rem

What is the IOPC:

Definition:

The purpose of the International Oil Pollution Compensation Funds (IOPC Funds) is to provide compensation in case of persistent oil pollution resulting from spills from tankers in their Member States.

History:

The history of the IOPC Funds began with the oil spill from “Torrey Canyon”, which ran aground near the Sorling Islands in 1967, contamining the British and French coasts.

The regime was set up within the framework of the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil Liability Convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Convention for the establishment of the Fund). Over time, it became clear that the amount of compensation available for major incidents needed to be increased, and the scope of the regime broadened. Two further instruments were therefore put in place: the 1992 Civil Liability Convention and the 1992 Fund Convention. Following the Erika and Prestige, incidents, a third instrument was adopted in 2003: the Protocol to the 1992 Fund Convention (Protocol establishing the Supplementary Fund). It covers compensation in excess of the amounts provided for in the 1992 Fund Convention, in the event of pollution damage occurring in the Member States of the Protocol.

The IOPC Funds are financed by contributions paid by entities which receive certain types of oil by sea. These contributions are calculated on the basis of the quantity of oil received during the calendar year involved, and cover expected claims, as well as the costs of administering the Funds.

Since their creation, the 1992 Fund and the previous 1971 Fund have dealt with 150 incidents of varying scale worldwide. In the vast majority of cases, all compensation claims have been settled out of court.

Extracts from the website: https://www.iopcfunds.org/fr/a-propos-des-fipol/#