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Criminal Sanctions. Presented by John C. Fawcett-Ellis General Counsel & Regional Manager Asia-Pacific Hong Kong (SAR – China), 25 February 2005. Criminal Sanctions:. The EU reaches agreement on a draft Dircective The Canadian Senate – considers draft bill . Criminal Sanctions - EU.

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criminal sanctions
Criminal Sanctions

Presented by

John C. Fawcett-Ellis

General Counsel & Regional Manager Asia-Pacific

Hong Kong (SAR – China), 25 February 2005

criminal sanctions2
Criminal Sanctions:
  • The EU reaches agreement on a draft Dircective
  • The Canadian Senate – considers draft bill
criminal sanctions eu
Criminal Sanctions - EU
  • 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
EU Directive - summary
  • 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.
slide5
Cont.
  • 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
EU Directive violates states obligations under MARPOL
  • What next – seek a declatory ruling from the ECJ?
canadian bill
Canadian Bill:
  • 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
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