Baltic and European news
European court says marine oil spills are waste
2570, 24/06/08
Heavy fuel oil accidentally spilled into the sea and washed up on shore following a maritime accident must be classed as waste under the 1975 waste framework directive, the European court of justice said on Tuesday.
EU judges backed recommendations made by a court adviser earlier this year in a case brought in France by a coastal town in Brittany against oil giant Total over the 1999 Erika disaster (EED 13/03/08 http://www.endseuropedaily.com/25043).
Judges confirmed that firms involved in such accidents can be liable for environmental damage under EU waste law if it is found that they failed to take measures to prevent an oil spill, such as chartering an inappropriate ship to carry the fuel.
Under the 1975 directive, financial responsibility for waste disposal falls on holders or former holders of the waste or even manufacturers of products from which the waste arise. EU governments and MEPs recently reached an agreement on a revision of the law.
As producer and carrier of the heavy fuel oil that leaked into the sea following the Erika accident, Total could be ordered to pay for clean-up, the European court said. But it is for French judges to decide, it stressed. Firms held liable can be supported through oil pollution compensation funds, the court added.
Total was recently found guilty of recklessness over the Erika oil spill by a court in France. In January, the oil firm and three other parties involved in the accident were ordered to pay a record fine of E192m for environmental damage (EED 17/01/08 http://www.endseuropedaily.com/24642).
The firm appealed to the ruling, arguing it was "unfair" (EED 29/01/08 http://www.endseuropedaily.com/24726). But it agreed to pay compensation "whatever the result of the appeal". It has already spent E200m on clean-up operations.
Follow-up: European court of justice http://curia.europa.eu/, tel: +352 43031, a press release
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080039en.pdf and ruling in case C-188/07
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