International Oil Pollution Compensation Funds (IOPCF)

The International Oil Pollution Compensation Funds (IOPC Funds) are three intergovernmental organisations (the 1971 Fund, the 1992 Fund and the Supplementary Fund) which provide compensation for oil pollution damage resulting from spills of persistent oil from tankers.

Compensation is payable in accordance with two international conventions: the International Convention on Civil Liability for Oil Pollution Damage, 1992 (Liability Convention) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (Fund Convention).

The 1992 Liability Convention provides a first tier of compensation which is paid by the owner of a ship which causes the pollution damage. It lays down the principle of strict liability for ship owners and creates a system of compulsory liability insurance.

The 1992 Fund Convention provides a second tier of compensation which is financed by oil importers in Member States who have imported, by sea, more than 150,000 tonnes of oil in the previous calendar year. The size of annual contributions vary according to the amount of oil eligible for levy and the number and size of claims settled in any one year. Claims arising out of a costly incident can push up the contribution required in any given year.

The 1971 Fund is in the process of being wound up and does not cover incidences occurring after 24 may 2002.

Irelands main concern is that an equitable system should be in place to provide adequate compensation to victims in the event of an oil spill off our coast.

One of a number of measures undertaken at EU and international level in the wake of the Erika incident off the coast of France in December 1999, was the adoption by the International Maritime Organisation in May 2003 of a Protocol to the 1992 Fund establishing a Supplementary Fund. This provides an extra layer of compensation. Ireland became a Party to the Protocol in July 2004 and was one of eight states worldwide which enabled the Supplementary Fund to enter into force on 3 March 2005.

The Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 2003 give effect in the State to the 1992 conventions and the 2003 Protocol.

For more information, please see the IOPCF website.