The French General district attorney thus required a 1-million euros fine against the Greek charterer, Eastwind Transport Ellas company, and the captain taken to court for voluntary hydrocarbon rejection.

Unsurprisingly, none of them attend the hearing. The joint-venture owning the Greek company assumed to be in bankruptcy and the charterer never gave news to the lawyer appointed by the court. The charterer never paid the 300 000 euros guarantee decided by the prosecution after Matterhorn’s rerouting to Brest’s harbor last 25th of May and left the cargo and its crew by themselves.

Five months later, the ship’s seizure allowed to treat the unpaid salaries and to repatriate sailors to their country. The Matterhorn had been caught on May, the 25th in the morning by a customs plane polluting by hydrocarbons of 22 km of length and 200 meter of width in its wake, which is the equivalent of a 45-minutes rejection. The captain eventually obeyed the rerouting order 26 hours after first customs contact.

Court decision will be given next March, the 2nd.

Thus supported by an institutional support, the Collective sees in the collaboration of the town hall a ay to set a legal LUP in accordance with the urbanism norms.

The Collective « wishes the municipality will go back on its decisions and positions" and appreciates the unusual aspect of such a support coming from an official. It guarantees to act on behalf of every Olmetu inhabiant and every Corsican in general.

*LUP : former Town and Country Planning

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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Moreover, the Nantes- Saint Nazaire GPM decided to change completely. In that way, they elected Pierre Guénant as the President of the supervision committee thus replacing the former president of the administration committe, Michel Quimbert.

Althought this is an important step, the local associations and Surfrider stay vigilant while waiting the final adoption of the strategic plan.

*Protection Directive

«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!

Following Corinne Lepage’s advice, Mesquer's mayor decided to sue Total. At first, the court rejected the city’s complaint against the oil company; its objective was to force the oil company to pay the expenses resulting from the decontamination and clean-up of polluted beaches.

Fortunately the final court of appeal rejected the first judgment. That’s why they asked the court of justice of the European community for a preliminary ruling concerning waste classification in a 1975 European directive-  Knowing that classification could allow the court to determine who was responsible for the waste. Total’s defense arguments were based on the assumption that the haulage contractors for hydrocarbon oil  were responsible for the waste instead of the clients’ were. This argument would have made them innocent even tough they knew that large quantities of oil were carried by old and potentially dangerous ships. Nevertheless, that’s not the way the directive should be understood.

As a result, the European court of justice sentenced Total. So the French final court of appeal had to do the same. Arguments for the final decision were the following ones: oil can be considered as a waste when it ends up polluting beaches while haulage contractors and shippers share the waste responsibility. That’s why Total had to contribute to expenses due to environment clean-ups.

Surfrider is very glad  for the decision made by justice. Moreover, the decision has been made following the court of justice of the European communities’ ruling which has to be applied all over the European Union. That’s why it will be an applicable law concerning the contamination caused by the Prestige wreck in 2002.

We will follow the publication of these texts to evaluate the benefits of this much needed reform. One can note that these European texts are similar to the US Oil Pollution Act of 1990 even if they are not as demanding.

Other texts will follow at the European level to achieve a better shipping regulation. Surfrider Foundation wants to be an important actor on these projects and will follow the concrete application of theses policies.

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…