EC- Polluter Pays Principle and Channeling of Liability

Friday, March 14, 2008

The European Commission (EC) summarized the opinion of the Advocate General in litigation involving the damages arising from the discharge of heavy fuel oil from the tanker ERIKA.  A complaint seeking damages was filed by a French commune against the Total Group on the basis that it was involved in producing, selling, or carrying the heavy fuel oil without actually carrying it.  The advocate general, in an advisory opinion to the European Court of Justice, stated that, in accordance with the Waste Framework Directive, the financial burden of the disposal operations should be on the persons who cause the waste, whether they are holders or producers of the waste.  The opinion then points out that, under the Civil Liability Convention (CLC), a claim for compensation in against anyone other than the ship owner is precluded unless the damage was caused intentionally or recklessly.

Source: HK Law

Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Environmental

BMT ARGOSS Awarded OHSAS 18001

BMT ARGOSS, an operating company of BMT Group Ltd. has been awarded the universally recognized standard for occupational health and safety, BS OHSAS 18001. BMT ARGOSS,

Quality hat-trick for GAC Marine Logistics

Global ship spares logistics provider GAC Marine Logistics Inc. (GML) has secured ISO certifications in recognition of its Quality Management, Environmental

BMT Oceanica Wins Major Water Corporation Bid

Marine and coastal environment specialist, BMT Oceanica (BMT), a subsidiary of BMT Group Ltd, is delighted to announce that it has won the bid to provide Ocean

News

Port Of Los Angeles & MBDA at USC Team Up to Promote Trade

The Port of Los Angeles and the U.S. Department of Commerce Minority Business Development Agency (MDBA) Center at the University of Southern California will

NSRP Risk Management Panel and SCA Joint Meeting

The National Shipbuilding Research Program (NSRP) Risk Management Panel will be meeting jointly with the Shipbuilders Council of America (SCA) November 5-6, 2014 in Virginia Beach, Va.

US DOE Approves Oregon LNG Export Project

The U.S. Energy Department said on Thursday it has approved Oregon LNG to export liquefied natural gas, as the Obama administration works through applications to

 
 
Maritime Careers / Shipboard Positions Maritime Standards Navigation Pipelines Pod Propulsion Ship Electronics Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0876 sec (11 req/sec)