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EU Ship Source Pollution Directive 2005/35/EC

EU Ship Source Pollution Directive 2005/35/EC. It’s status today by John Fawcett-Ellis. The FFSA, Paris, 12 February 2008. EU Ship Source Pollution Directive. Directive dated 7 September 2005 Framework Decision on penalties published Entered into force: 1 October 2005

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EU Ship Source Pollution Directive 2005/35/EC

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  1. EU Ship Source Pollution Directive2005/35/EC It’s status today by John Fawcett-Ellis The FFSA, Paris, 12 February 2008

  2. EU Ship Source Pollution Directive • Directive dated 7 September 2005 • Framework Decision on penalties published • Entered into force: 1 October 2005 • Deadline for Member States’ implementation: 1 April 07 Key provisions: • Seeks to criminalise accidental pollution by the introduction of the test of ”serious negligence” • Applies irrespective of flag • Applies within territorial seas, EEZ, high seas • Applies to owner, master, charterer, class, charterers, etc

  3. Industry resorts to a legal review • Coalition formed: INTERTANKO, INTERCARGO, Greek Shipping Cooperation Committee, Int. Salvage Union, Lloyd’s Register • Industry’s legal challenged filed: 23 Dec 05 • Judgment of the UK’s High Court: 30 June 06 • Case referred to the ECJ for preliminary ruling on the Directive’s validity • Oral hearing of INTERTANKO & Others v. Sec of State for Transport (C-308/06)before the Grand Chamber of ECJ: 25 Sept 07 • Opinion of Advocate General Kokott delivered: 20 November 07 • ECJ Judgment awaited

  4. The Directive’s uncertain future • 2007 decision of the ECJ on the Framework Decision (C-440/05 - Commission v Council) The ECJ ruled: a) EU no competency to legislate as to the type or level of criminal sanctions b) Framework Decision not the appropriate legislative tool to use • Decision of the ECJ awaited in INTERTANKO & Others v. Sec of State for Transport (Case C-308/06)

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