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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

Presented by

John C. Fawcett-Ellis

General Counsel & Regional Manager Asia-Pacific

Hong Kong (SAR – China), 25 February 2005


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Criminal Sanctions:

  • The EU reaches agreement on a draft Dircective

  • The Canadian Senate – considers draft bill


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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


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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.


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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


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EU Directive violates states obligations under MARPOL

  • What next – seek a declatory ruling from the ECJ?


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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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