Transcript Criminal Sanctions John C. Fawcett-Ellis Presented by General Counsel & Regional Manager Asia-Pacific

Criminal Sanctions
Presented by
John C. Fawcett-Ellis
General Counsel & Regional Manager Asia-Pacific
Hong Kong (SAR – China), 25 February 2005
Criminal Sanctions:
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The EU reaches agreement on a draft
Dircective
The Canadian Senate – considers draft
bill
Criminal Sanctions - EU
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EU Parliament on 23.2.05 has agreed
to a draft directive, following
discussions between EP/Com/Council
Transport Council expected to endorse
the draft
EU Directive - summary
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Accidental pollution occurring in the
territorial sea and internal waters will be
regarded as a criminal offence
Suspects of ship-source pollution should be
granted a fair and impartial hearing.
Sanctions must be proportional.
Ship-source pollution to be prosecuted if
committed with intent, recklessly or serious
negligence.
Cont.
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Sanctions (fines etc) to be dealt with
by member states
Directive targeted at anyone eg s/o,
crew, charterers, etc
Commission – to conduct a study as to
viability of a European Coast Guard
EU Directive violates states
obligations under MARPOL
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What next – seek a declatory ruling
from the ECJ?
Canadian Bill:
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Strict liability offence for pollution unless
accused proves they took all reasonable
steps to avoid the pollution
Includes pollution within EEZ
Includes crew, managers ashore
Contrary to MARPOL and UNCLOS
INTERTANKO has written to the Senate
Committee which is now debating this +
coordinating with local s/o associations