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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 Sanctions:. The EU reaches agreement on a draft Dircective The Canadian Senate – considers draft bill . Criminal Sanctions - EU.

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Criminal Sanctions

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  1. Criminal Sanctions Presented by John C. Fawcett-Ellis General Counsel & Regional Manager Asia-Pacific Hong Kong (SAR – China), 25 February 2005

  2. Criminal Sanctions: • The EU reaches agreement on a draft Dircective • The Canadian Senate – considers draft bill

  3. 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

  4. 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.

  5. 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

  6. EU Directive violates states obligations under MARPOL • What next – seek a declatory ruling from the ECJ?

  7. 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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