Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Oil spill · Venezuela · 1997–2014

Plate Princess spill, Puerto Miranda, Lake Maracaibo, 1997, and the fishermen's judgment

Nature's voice · report
About 3.2 tonnes of crude cargo spilled into my waters at the Puerto Miranda terminal on 27 May 1997; the area affected is recorded as unknown, according to the IOPC Funds.
Did nature suffer? Yes. Harm is on record.
Recorded
  • Some 3.2 tonnes of oil entered my waters.
    Spilled during loading at Puerto Miranda; area affected unknown.
What the record lacks: 4 none on record · 4 disputed · 3 unclear See the gaps

The tanker Plate Princess spilled some 3.2 tonnes of crude at the Puerto Miranda terminal on Lake Maracaibo in 1997. Venezuelan courts ordered the 1971 Fund, which was not a defendant, to pay about £57.2 million to two fishermen's unions; the IOPC recorded that no compensation was paid and the Fund was dissolved on 31 December 2014.

£57.2 millionOrdered against the 1971 Fund by the Maritime Court of First Instance, March 2011
BsF 400,628,022 plus costs, although the Fund was not a defendant. The IOPC recorded 'No compensation paid'; the spill was 3.2 tonnes.

Status As of 31 December 2014: the Venezuelan court order of about £57.2 million against the 1971 Fund stood unpaid; the Fund was dissolved.

What?
The tanker Plate Princess spilled some 3.2 tonnes of crude at the Puerto Miranda terminal on Lake Maracaibo in 1997; Venezuelan courts ordered the 1971 Fund, not a defendant, to pay about £57.2 million to two fishermen's unions, and the IOPC Funds recorded no compensation paid. IOPC Funds
Where?
Puerto Miranda oil terminal, Lake Maracaibo (about 10.77 N, 71.55 W); Venezuelan Maritime courts. IOPC Funds
When?
Spill on 27 May 1997; judgments 2009–2011; Council decisions 2006 and 2013–2014; 1971 Fund dissolved 31 December 2014. IOPC Funds
Who?
Gained
None on record
Lost
  • FETRAPESCA and the Puerto Miranda Union — Claimed US$10 million and US$20 million; awarded by the court but no compensation paid IOPC Funds
Harmed
  • Lake Maracaibo at Puerto Miranda — Some 3.2 tonnes of crude cargo spilled; area affected unknown IOPC Funds
Why?
The vessel leaked crude cargo into ballast during loading. IOPC Funds
How?
The unions claimed in the Civil Court of Caracas; the Maritime courts ordered the shipowner and the 1971 Fund to pay; the Fund considered the claims time-barred and unproven, and the Council instructed the Director not to pay. IOPC Funds
6 of 6 questions answered from the record

What happened

The record, in order.

The Plate Princess (Malta flag, 30,423 GRT) leaked crude cargo into ballast during loading at the Puerto Miranda oil terminal on Lake Maracaibo on 27 May 1997, spilling some 3.2 tonnes. The IOPC Funds record: 'Area affected: Unknown.' The P&I insurer was The Standard Steamship Owners' P&I Association (Bermuda) (the Standard Club).

In June 1997 two fishermen's unions filed claims in the Civil Court of Caracas: FETRAPESCA for US$10 million and the Puerto Miranda Union for US$20 million. The Puerto Miranda Union's amended claim of BsF 53.5 million (£7.6 million) was accepted in April 2008. In May 2006 the 1971 Fund Administrative Council had decided that both claims were time-barred vis-à-vis the Fund. In November 2008 the Fund argued that 'the documentation provided by the claimants did not demonstrate the damage and was in many instances falsified'.

The Maritime Court of First Instance accepted the claims in February 2009 and the Maritime Court of Appeal dismissed the appeal in September 2009. The Supreme Tribunal dismissed the appeal on liability in October 2010, and its Constitutional Section dismissed the Fund's appeal on 8 June 2011. Court experts in January and March 2011 put losses at BsF 769,892,085 (£110 million), the total available under the Civil Liability Convention and the Fund Convention at BsF 403,473,005 (£57.6 million), the shipowner's limit at BsF 2,884,983 (£400,000) in the January 2011 paragraph (the March 2011 order gives BsF 2,844,983) and the Fund's share at BsF 400,628,022 (£57.2 million).

In March 2011 the Maritime Court of First Instance ordered the shipowner to pay BsF 2,844,983 (£400,000) and the 1971 Fund, 'although not a defendant', to pay BsF 400,628,022 (£57.2 million) plus costs. The Maritime Court of Appeal dismissed the appeal on quantum in July 2011. The IOPC Funds' September 2011 document records 'No compensation paid'.

In 2013–2014 the 1971 Fund Administrative Council instructed the Director not to pay, to oppose enforcement and to discontinue the defence, and found no loss proven for FETRAPESCA. The 1971 Fund was dissolved on 31 December 2014.

  1. 1997Spill at Puerto Miranda terminal (27 May); FETRAPESCA and the Puerto Miranda Union file claims in the Civil Court of Caracas (June)
  2. 20061971 Fund Administrative Council decides both claims are time-barred vis-à-vis the Fund (May)
  3. 2008Amended claim of BsF 53.5 million accepted (April); the Fund questions the claimants' documentation (November)
  4. 2009Maritime Court of First Instance accepts the claims (Feb); Maritime Court of Appeal dismisses the appeal (Sept)
  5. 2010Supreme Tribunal dismisses the appeal on liability (Oct)
  6. 2011Court order against the shipowner and the 1971 Fund (March); Constitutional Section dismisses the Fund's appeal (8 June); Maritime Court of Appeal dismisses the appeal on quantum (July)
  7. 2014Council instructs the Director not to pay and to discontinue the defence (2013–2014); 1971 Fund dissolved (31 Dec)

What was said

Claims, in the words of those who made them.

“the documentation provided by the claimants did not demonstrate the damage and was in many instances falsified”

1971 Fund (IOPC Funds), an allegation by the Fund · November 2008 · IOPC Funds

“although not a defendant”

IOPC Funds document, on the 1971 Fund and the Maritime Court of First Instance's March 2011 order · 2011 · IOPC Funds

“No compensation paid”

IOPC Funds, Plate Princess note · September 2011 · IOPC Funds

“Area affected: Unknown.”

IOPC Funds, Plate Princess note · 2011 · IOPC Funds

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Whether the 1971 Fund could be ordered to pay: time-bar, proof of loss and the Fund's status as a non-defendant
International bodies
1971 Fund Administrative Council

Both claims were time-barred vis-à-vis the Fund (May 2006); in 2013–2014 it instructed the Director not to pay, to oppose enforcement and to discontinue the defence, and found no loss proven for FETRAPESCA.

IOPC Funds
Courts
Venezuelan Maritime courts and Supreme Tribunal (2009–2011)

Accepted the claims, dismissed the appeals on liability and quantum, and ordered the Fund, although not a defendant, to pay BsF 400,628,022 (£57.2 million) plus costs.

IOPC Funds
Documentation of the claimed losses
International bodies
1971 Fund (November 2008)

The documentation provided by the claimants did not demonstrate the damage and was in many instances falsified.

IOPC Funds
Courts
Maritime Court of First Instance (February 2009)

Accepted the claims.

IOPC Funds
Shipowner's limit of liability in the 2011 order
International bodies
IOPC Funds, January 2011 paragraph

BsF 2,884,983 (£400,000).

IOPC Funds
International bodies
IOPC Funds, March 2011 order

BsF 2,844,983 (£400,000).

IOPC Funds

How it looked

What was shown, beside what was recorded.

Shown

  • Both claims were time-barred vis-à-vis the Fund
    1971 Fund Administrative Council, May 2006 · IOPC Funds
  • No loss was proven for FETRAPESCA
    1971 Fund Administrative Council, 2013–2014 · IOPC Funds

Recorded

  • Some 3.2 tonnes of crude cargo were spilled at the Puerto Miranda terminal on 27 May 1997; the area affected is recorded as unknown.
    IOPC Funds
  • In June 1997 FETRAPESCA claimed US$10 million and the Puerto Miranda Union US$20 million in the Civil Court of Caracas.
    IOPC Funds
  • Court experts in January and March 2011 put losses at BsF 769,892,085 (£110 million) and the total available under the Conventions at BsF 403,473,005 (£57.6 million); the Fund's share was BsF 400,628,022 (£57.2 million).
    IOPC Funds
  • The Maritime Court of First Instance ordered the shipowner to pay BsF 2,844,983 (£400,000) and the 1971 Fund, although not a defendant, to pay BsF 400,628,022 (£57.2 million) plus costs (March 2011).
    IOPC Funds
  • The IOPC Funds recorded 'No compensation paid' (September 2011); the 1971 Fund Administrative Council instructed the Director in 2013–2014 not to pay; the Fund was dissolved on 31 December 2014.
    IOPC Funds

Who gained

Money that reached nature, beside money that stayed elsewhere.

Reached nature or the ground

Not published
Valuation of environmental harm—
Area affected: Unknown (IOPC Funds).

Gained elsewhere

Not totalled
Losses put by court experts (January and March 2011) estimate£110m
BsF 769,892,085.
Total available under the Civil Liability Convention and the Fund Convention£58m
BsF 403,473,005.
Ordered against the 1971 Fund (not a defendant), plus costs£57m
BsF 400,628,022. No compensation paid.
Ordered against the shipowner£0.4m
BsF 2,844,983; the January 2011 paragraph gives BsF 2,884,983.
Puerto Miranda Union's amended claim (accepted April 2008)£7.6m
BsF 53.5 million. The unions' original claims of June 1997 were US$10 million (FETRAPESCA) and US$20 million (Puerto Miranda Union).
Currency: GBP · Window: 1997–2014. All figures cover the same period. * Estimate built from cited figures.

Responses on record

  • iopc-funds (2006–2014): The 1971 Fund argued that the documentation provided by the claimants did not demonstrate the damage and was in many instances falsified; its Administrative Council decided in 2006 that both claims were time-barred and in 2013–2014 instructed the Director not to pay. · IOPC Funds

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 1997–2011Claimant won£57.2m ordered against the 1971 Fund (BsF 400,628,022) plus costs; no compensation paid
    Fishermen's unions v. shipowner (1971 Fund ordered to pay)
    Maritime Court of First Instance; Maritime Court of Appeal; Supreme Tribunal (Constitutional Section) · Civil · FETRAPESCA and the Puerto Miranda Union → Shipowner (the 1971 Fund, not a defendant, ordered to pay)

    The Maritime Court of First Instance accepted the claims in February 2009; the Maritime Court of Appeal dismissed the appeal in September 2009; the Supreme Tribunal dismissed the appeal on liability in October 2010 and its Constitutional Section dismissed the Fund's appeal on 8 June 2011; the Maritime Court of Appeal dismissed the appeal on quantum in July 2011. In March 2011 the court ordered the shipowner to pay BsF 2,844,983 (£400,000) and the 1971 Fund BsF 400,628,022 (£57.2 million) plus costs. IOPC Funds

  2. 1997–2014Time-barred
    1971 Fund Administrative Council decisions on the unions' claims
    1971 Fund Administrative Council (IOPC Funds) · Administrative · FETRAPESCA and the Puerto Miranda Union → 1971 Fund (IOPC Funds)

    In May 2006 the Council decided that both claims were time-barred vis-à-vis the Fund. In 2013–2014 it instructed the Director not to pay, to oppose enforcement and to discontinue the defence, and found no loss proven for FETRAPESCA. The 1971 Fund was dissolved on 31 December 2014. IOPC Funds

Insurers

  1. 2011No policy found£0.4m Civil Liability Convention limit, 3.6 million SDR (BsF 2,844,983)
    The Standard Steamship Owners' P&I Association (Bermuda) → Owner of the Plate Princess

    P&I insurer of the Plate Princess. The court ordered the shipowner to pay BsF 2,844,983 (£400,000) in March 2011; the IOPC Funds recorded 'No compensation paid' in September 2011. IOPC Funds

  2. 2014Claim refused£57.2m ordered against the Fund by the Maritime Court of First Instance (BsF 400,628,022), not paid
    1971 Fund (IOPC Funds) → FETRAPESCA and the Puerto Miranda Union (claimants)
    Stated reason: Claims time-barred vis-à-vis the Fund (May 2006); no loss proven for FETRAPESCA (2013–2014).

    The Administrative Council instructed the Director in 2013–2014 not to pay, to oppose enforcement and to discontinue the defence. The Fund was dissolved on 31 December 2014. IOPC Funds

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Crude oil spilled
Some 3.2 tonnes
Puerto Miranda terminal, 27 May 1997; area affected unknown
Ordered against the 1971 Fund
£57.2 million
BsF 400,628,022 plus costs, March 2011
Compensation paid
None
IOPC Funds, September 2011; Fund dissolved 31 December 2014

What we don't know

Undisclosed, unproven, untried: recorded as data.
Court ruling existsNo independent ecological evaluation

Money

  • None on record Valuation of environmental harm — Area affected: Unknown (IOPC Funds).

Insurers

  • Unclear The Standard Steamship Owners' P&I Association (Bermuda): no decision on record.

Accounts

  • Disputed Whether the 1971 Fund could be ordered to pay: time-bar, proof of loss and the Fund's status as a non-defendant
  • Disputed Documentation of the claimed losses
  • Disputed Shipowner's limit of liability in the 2011 order

Record

  • None on record None on record: payment to the unions by the 1971 Fund; the IOPC Funds recorded 'No compensation paid' (September 2011), and the Fund was dissolved on 31 December 2014.
  • Unclear Unclear: whether the unions recovered anything from the shipowner or its insurer after 2014.
  • Unclear Not measured: the area affected; the IOPC Funds record 'Area affected: Unknown.'
  • None on record None on record: ecological data on the spill in the IOPC documents.
  • None on record None on record: a court finding on the 1971 Fund's statement that the claimants' documentation was falsified.
  • Disputed Figures differ: the shipowner's limit appears in the same 2011 IOPC document as BsF 2,884,983 and as BsF 2,844,983.

Did the harm stop?

A single spill during loading on 27 May 1997.

Who paid?

None on record. The IOPC Funds recorded 'No compensation paid' in September 2011; the 1971 Fund Administrative Council instructed the Director in 2013–2014 not to pay, and the Fund was dissolved on 31 December 2014.

Sources

Voices on record: — Company or project— Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers✓ International bodies

International bodies

  1. Plate Princess, IOPC/OCT11/3/4
    IOPC Funds · 2011-09-20
  2. Plate Princess, IOPC/OCT10/3/3
    IOPC Funds · 2010-09-22
  3. 1971 Fund matters, IOPC/MAY14/7/1
    IOPC Funds · 2014-04-22

Connected cases

Related matters, and cases linked to this one through the same organisations, with the role each played in both.
Terms used on this page

Insurance

IOPC Funds
The International Oil Pollution Compensation Funds: intergovernmental funds, financed by companies that receive oil by sea, that pay for tanker oil-spill damage above the shipowner's liability limit.
P&I club
A protection and indemnity club: a mutual association of shipowners that covers members' liabilities to third parties, including oil pollution.

Law and courts

Statute of limitations, time-barred
The legal time limit for bringing or completing a case. A time-barred case can no longer lead to a penalty, even if guilt was found.
Similar cases
Oil spill · Tanker / shipping · Insurance, liability and compensation funds · India · 2011–2016
MV Rak Carrier coal and oil spill (Mumbai)
Same type: Oil spill, Tanker / shipping, Insurance, liability and compensation fundsCourt: won by claimantInsurer refused to pay
Oil spill · Tanker / shipping · Fuel / diesel spill · Insurance, liability and compensation funds · Mauritius · 2020
MV Wakashio oil spill (Mauritius)
Same type: Oil spill, Tanker / shipping, Insurance, liability and compensation funds
Oil spill · Insurance, liability and compensation funds · United States · 2010–2031
BP Deepwater Horizon: the spill, the court cases and the recovery claims
Same type: Oil spill, Insurance, liability and compensation fundsCourt: won by claimantInsurer refused to pay
Oil spill · Tanker / shipping · Insurance declined or withdrawn · United States · 1989–2015
Exxon Valdez: the spill, insurance and court cases
Same type: Oil spill, Tanker / shippingCourt: won by claimantInsurer refused to pay