Polluter pays principle 

A vessel owner must pay the costs of pollution response after a spill of harmful substances. This duty is based on the nationally and internationally recognised principle that the polluter pays (polluter pays principle). The principle means that the polluter pays the costs that arise from a pollution response operation.

The vessel owner has strict liability for spills

The vessel owner's liability under the Swedish Maritime Code (sjölagen, 1994:1009) is what is known as strict liability. This means that the owner must pay compensation for oil damage even if the owner is not at fault for the damage. Oil damage means damage caused by pollution from oil from a vessel.

There are also other international rules and EU directives on strict liability for damage after spills of other harmful and hazardous substances from vessels.

What do we claim compensation for?

The Coast Guard's compensation claim covers the agency's response operations and certain preparedness with aircraft and vessels. It also covers the costs of other equipment and of personnel. The compensation levels are calculated under the Fees Ordinance (avgiftsförordningen, 1992:191). They are set in consultation with the Swedish National Financial Management Authority (Ekonomistyrningsverket) on the principle of full cost recovery. The calculation also follows the principles and practice applied internationally and within the EU. The Coast Guard's compensation claim corresponds to the actual costs to the state.

The Coast Guard has a duty to claim compensation for the state's costs (for the spending of public funds) from the party responsible for a spill or that party's insurer. This duty follows from the Coast Guard's regulatory letter and from the Ordinance on the management of state claims (förordningen om hantering av statliga fordringar, 1993:1138).