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Asian shipowners have criticized the EU for attempting to criminalize
accidental oil pollution and warned on the implications of a Canadian bill
which would have a similar effect.
The Asian Shipowners’ Forum Ship & Liability Committee also criticized EU
states for making allegations of pollution based solely on “flimsy” evidence
such as high altitude photography.
In a statement the ASF says: “The Committee deplores all instances of
deliberate oil pollution from ships, but expresses its deepest regret at the
decision of the European Parliament to criminalise accidental oil pollution
by adopting the draft Directive on criminal sanctions in case of ship-source
pollution. In particular, the Committee is extremely concerned with the use
of the term ‘serious negligence’, which has no common definition across the
legal systems of the Community states and may lead to varying
interpretations. The Committee notes that the provisions of the draft
Directive are not in accordance with MARPOL, and considers that such
regional regulation will only lead to confusion and difficulty in the
operation of globally trading ships.”
Meanwhile, IMO Secretary-General Efthimios Mitropoulos warned EU of the
dangers of unilateralism on environmental matters such as tanker
regulations, with the 2003 MARPOL amendments on single hull phase-out about
to come into force.
Mitropoulos stressed the importance of a universal approach to such
legislation, given the global nature of shipping, and that IMO was the only
place to bring proposals for, and seek global solutions in the context of,
any such amendments in future.
Mitropoulos was critical of the recent decision by the European Parliament
to adopt legislation introducing criminal penalties in cases of ship-source
pollution committed with intent, recklessly or by serious negligence.
Mitropoulos highlighted the role of IMO, particularly with respect to marine
pollution prevention and response through the adoption of a series of
relevant IMO instruments.
He drew attention, in particular, to the Organization’s pollution prevention
measures through the MARPOL Convention in the main and to response
requirements incorporated in the International Convention on Oil Pollution
Preparedness, Response and Co-operation and its HNS protocol. |
