On Wednesday the 2^nd of September 2009, the deliberation convicted the ship-owner and the captain to pay a fine of 300000 Euros. Surfrider Foundation rejoices with this condemnation which shows the will of courts to stop the illegal practices.

However the amount of the fine is weak if we take into consideration the decisions of the Brest judges; on the 1^st of July 2009, the ships Al Esraa and Valentia were convicted to pay fines of 1 and 2 millions Euros!  This difference is linked to the evaluation of the oil slick which was smaller in Marseille but the thickness seems to be more important…especially near a protected area.

Moreover, this sanction is a drop in the ocean of illegal maritime practices.  The Mediterranean coastal side is vulnerable in comparison with the Atlantic side where the Court of Brest fined ships seven times for similar facts. It is a new step for the Court of Marseille which gave its first condemnation for emptying fuel tanks. Surfrider stays vigilant and hopes that this repressive will against the sea delinquents will endure.

The French courts can rely on Surfrider actions to make the legal national and European rules respected to stop the oil slick.

Be it reminded:  The ship Valentia which flies the Liberian flag were rerouted to Brest on November 2008 after that a hydrocarbon slick of 18 km was observed in its wake off the Gironde estuary.  Concerning the ship Al Esraa, it was surprised in the shipping lane of Ouessant on 29^th September 2008 with a hydrocarbon slick of 14km in its  wake.

In the two cases, Surfrider Foundation immediately sued the ships for damages in order to see the people responsible for the pollution punished.  Concerning the ship Valentia, the public prosecutor insisted on the intentional character of this wild cleaning out by requiring a fine of 300.000 Euros. The court complied with the request of the non governmental organizations as Surfrider Foundation by fining the ships to 2 M€. 95% of the amount is assigned to the ship-owner. This is the highest fine ever given!

 Concerning the Egyptian ship Al Esraa, the prosecutor required  700.000 Euros during the hearing of the 3thd of June. In its judgment, the court considered that the pollution caused by this ship was not an “isolated action of a crew’s member” but “an obvious and non occasional practice”. Thus, the captain of the ship was sentenced to pay a fine of 1M€.

The strictness of these two sanctions expresses the will of the French Justice to punish the “delinquent of the seas » who don’t hesitate to reject hydrocarbon in the sea. These exemplary sanctions are going to play a crucial role in the Sea transport by discouraging the polluting agents. The action of non governmental organizations like Surfrider Foundation Europe is fundamental to fight pollution and, eventually, to eradicate this problem.

After having seen the pictures showing the pollution, the French General district attorney ordained the rerouting of the suspected cargo ship towards Brest (Northwest of France) in order to determine the amount of the guarantee to be paid by the ship owner before authorizing him to get back at sea.

A customs plane took off to inform the ship captain of this decision, however he chose to turn a deaf ear and continue its route heading to the Canary Islands. Facing the situation, the Atlantic maritime prefecture appealed to the Motte-Picquet frigate which was then operating in the Bay of Biscay in an attempt to stop him.

The polluting cargo ship was joined by the frigate which repeated the order to reroute. After several equivocations, the ship finally headed to Brest.

As it is suspected of voluntary pollution, the ship is now immobilized in Brest. If it wants to head back at sea, the prosecution has decided it will have to pay a guarantee of 300 000 Euros.

Hearings of the captain and his crew are in hand. If the voluntary pollution is confirmed, the captain will be called in before the magistrate’s court of Brest. Be sure that Surfrider Foundation will file a law suit in a criminal proceeding to assert your rights and to continue the fight against pollution!

On Monday July 28^th of 2008, a plane from Le Havre’s customs noticed an illegal rejection at sea, in the slipstream of the Skulptor ship, about 65km north from the town of Saint Valéry en Caux. The layer was spreading over 25 kilometers of length and 50 meters of width. The trial took place on February 9^th, 2009. We are very happy about this verdict and we hope it will have a dissuasive impact.

Besides, the maritime news is packed at the present time. The directives and regulations of the legislative maritime package (called Ericka III) have been passed last week. Finally some preventive action against oil slicks: the designation of refuge harbors, ship monitoring by satellite, the supervision of organizations in charge of certification…

So many overhangs which will enter into force for the most part, by 2011.

From that time on, Surfrider will look after the rearrangement of its European laws by the state members and keeps enforcing “the pollutant pays” rule for the thug ships.

Thus, this measure of punishment has been applied as soon as it was decided on the last weekend. Indeed, a hunter has lost his hunting licence since he has been seen throwing cartdriges on the ground without being aware that those cartdriges would reach the beaches because of him.

In order to solve this growing matter, actions are suggested. Authorities tend to install specific bins on the zones dedicated to hunting.

Thus, the prosecutor asked for a few thousands amount-bill against those sea-polluters. Surfrider is waiting for the final verdict to be given, a verdict which should be unveiled during the next months. The Foundation is keeping on working on new trials against polluters and receives everyday an echo in the press. Thanks to the unique dynamism from the whole Surfrider Europe team and the members of the Seine Maritime local chapter (France), a report has been broadcasted on tv, precisely on the France 3-channel, Baie de Seine.

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«The different actions undertaken since two years have ended up by adopting an approved plan by every port installations. » Jean-louis Borloo claims. Thus, apparently, France might have answered community demands in adopting a responsible behaviour. Indeed, according to the Minister, after failing in creating liable reception and recycling plans for waste, the French commercial and fishing ports would have finally chosen to follow the legal rules.

However, Surfrider does not forget this scary number: illegal discharging represents 90% of the marine pollutions by hydrocarbon. We keep on fighting thanks to our legal actions.

And why is it such a serious matter to find wheat into the sea ?

We can remind us the story about the shipwreck of the Fenes boat in 1996*. This ship had caused serious damages in the seabeds because wheat is a dangerous product for the marine environment. When wheat ferments, three products spread out from the wheat that the sea finds quite difficult to ‘digest’: sulphurated hydrogen, methyl alcohol, and ethanol. These three damaging chemical products make the access impossible for divers.

Results ?

Surfrider is worried about the situation and wished the marine transport was done thanks to recent and safe freighters.

In case of dramatic consequences for the seabeds, Surfrider Foundation will act carefully. For the moment, we are following the current events of the information.

*In 1996, the boat called Funes was carrying 2,500 tons of wheat. It wrecked causing serious damages over the marine environment. Indeed, 8 acres had been burnt because of the fermentation of the wheat.

Photos: National Navy 

These wild rejections are due to shipping companies owners without a qualm. These ship-owners and their crew made their economic interests come first before their respect for environment. According to them, emptying their tank in the sea is considered to be less expansive than doing it in dedicated harbours infrastructures.

As a consequence to this offence, Surfrider decided to act and punish those sea polluters. Indeed, it did it in justice court. The verdict has been given. Both guilty owners and staff have been sentenced and must now pay the bill: 350 000 and 700 000 euros respectively must be given to the Government for this serious offence. Surfrider congratulates itself for this decision taken by the court and above all for the dissuasive impact it brings. Moreover, this penalty will be published in specialized newspapers, thus affecting reputation of such ship-owners.

The unlucky ship-owners will maybe set a day in court of appeal… Thus, trial to be continued.

Punishment is not the final and only solution; we also act by other means, particularly in order to prevent such unconscious actions. We organise actions of lobbying and research programmes.

These victories over evil motivate us for 2009 to struggle always more. Statistically 2009 is said to endure the next oil spill so we definitely must keep on fighting, more than ever.

Thanks to all of our members and partners for your support. Every single action is made possible by everyone’s determination!

Il aurait été en effet été pris en flagrant délit par un avion de la brigade de surveillance aéromaritime des douanes Bordeaux-Mérignac, en mission dans le cadre du Vendée Globe. La patrouille remarque alors une trace de pollution dans le sillage du cargo le Valentia, de 18 kilomètres de long sur 50 mètres de large, à environ 280 kilomètres au large des côtes bordelaises, ce qui est relativement nouveau puisqu’en général, les dégazages se produisent souvent au large des côtes bretonnes ou dans la Manche dans le rail d’Ouessant.

Surfrider a d’ores et déjà porté plainte contre ce nouveau dégazage. Il n’y a pas d’armistice pour les pollueurs et Surfrider mettra les auteurs devant leurs responsabilités…