Shipping bodies challenge EU pollution rule

A coalition of shipping industry bodies go to the European Court of Justice (ECJ) today to challenge a tough directive against polluting ships which they argue breaks international law.

The EU directive, that came into effect in April this year, allows penalties to be imposed on any party - ship owners, charterers and captains - guilty of causing illegal pollution deliberately or through gross negligence.

The rules were formulated in response to the Prestige disaster, which caused one of Europe's worst slicks off the Spanish coast in 2002, when thousands of tonnes of heavy fuel oil leaked into the sea.

However, the powers have been heavily criticised by a shipping industry coalition, which includes tanker owners' organisation Intertanko, bulk carrier owners' body Intercargo, and the International Salvage Union.

The coalition, whose case is supported by Mediterranean shipping partners Cyprus, Greece and Malta, argue the rules will criminalise those who cause accidental pollution. They further say the powers would contravene the existing international maritime Marpol convention which aims to prevent pollution and so would put European states in breach of international law.

The industry groups were granted permission to take their case to the ECJ after a successful application to London's High Court last year. Preliminary hearings will begin today. The European Commission, backed by Britain, France, Spain and Italy, says the measures are legal and in accordance with Marpol. It has vowed to leave "no stone unturned" to ensure the directive is implemented.

"Illegal discharges and serious negligence must be fought at all costs. The threat of criminal sanctions will help protect our coasts," European Transport Commissioner Jacques Barrot said in a statement.

Under the rules, EU states should fine offenders up to €1.5 million in the most serious cases. All, except "minor cases", should be regarded as criminal offences. Figures from the Commission show about 150,000 tonnes of oil ends up in the Mediterranean sea every year as a result of discharges from ships.