A European Union law that criminalizes maritime pollution is legal,
an adviser to the EU’s top court said in an opinion that rejects
shipping industry complaints that the new rules may cause “chaos.”
Groups
including Intertanko, which represents about 80 percent of the world’s
tanker fleet, and Lloyd’s Register had asked the European Court of
Justice in Luxembourg to review the 2005 EU legislation that
criminalizes intentional, reckless and “seriously negligent” discharges
of pollution. The shipping groups argued the law goes beyond existing
international rules.
“Examination of the questions referred has
disclosed no factor of such a kind as to bring into question the
validity of the EU law,” Juliane Kokott, an advocate general at the
court, said in a 37-page opinion. The court, which is scheduled to rule
early next year, follows its aides’ legal advice most of the time.
The
EU law was at least partly introduced in response to the 2002 sinking
of the Prestige tanker in 2002 off the coast of Spain and another
accident near France in 1999. Upholding the law would be a “recipe for
chaos,” the shipping groups argued, because it would expose them to
different national regimes.
Marpol conflict
It
would send a message that existing international rules aren’t strict
enough, the groups argued. Marpol, the International Convention for the
Prevention of Pollution from Ships, is the “only international agreed
standard,” Christopher Greenwood QC, a lawyer for the shipping
associations, told a 13- judge panel at a September 25 court hearing.
Kokott
said the EU has the right to create standards that depart from Marpol.
She said the EU “can in principle” ask its members to take measures
which go against their duties under international law.
“The
member states must nevertheless take all appropriate measures to put an
end to such conflicts,” she said. “This may even require the
denunciation of international agreements.”
The case is C-308/06
The Queen on the application of the International Association of
Independent Tanker Owners (Intertanko), the International Association
of Dry Cargo Shipowners (Intercargo), the Greek Shipping Cooperation
Committee, Lloyd’s Register, the International Salvage Union vs
Secretary of State for Transport.