BoardMarine Accident Investigators Forum in Asia

SubjectJudicial Review Application Over EU Pollution Directive Hit1641
WriterLee Min Jung Date2006.06.19

Tuesday, 13 June 2006 <br /> <br /> High Court in London has heard an industry-led application for a judicial review of the controversial EU Ship Source<br>Pollution Directive. The application for judicial review was brought by Intertanko together with Intercargo, the Greek <br>ShippingCooperation Committee, Lloyd's Register and the International Salvage Union. <br /> <br />Intertanko said the case was extremely important for owners, seafarers, salvors, class, charterers and others in the<br> shipping industry whose vessels trade to member states of the EU. “Furthermore,” it added, “the case raises an<br> important issue as to the rights of EU member states to take unilateral legislative measures as opposed to following<br> existing multi-lateral established conventions.” <br /> <br />The applicants are seeking a preliminary reference to the European Court of Justice to examine the validity of the EU<br> Ship Source Pollution Directive. Intertanko said: “The Directive seeks to criminalise accidental pollution and to depart<br> from the subjective tests of liability laid down in the International Convention on the Prevention of Pollution from ships<br> 1973/78 (MARPOL).” Member states have until 1 March 2007 to implement the directive into their national laws. <br /> <br />The claimants say the directive conflicts with international law and if implemented would put EU member states in breach <br>of existing treaty law obligations under MARPOL and/or the United Convention on the Law of the Sea 1982 (UNCLOS). <br /> <br />A judgement is expected in the next few weeks.

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