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According to the french law any pollution is considered as "voluntary" and only pollution
resulting from grounding or nautical accident could be considered as "unvoluntary" or
accidental. The amont of the fine rests upon the polluted surface, the thickness of the layer and the ecological risk . And from observation we can say that it also depends from the "quality" of the ship (quality of the crew and age of the ship and economic level of the flag). The amount of fines is growing more and more, reaching 500.000 € for the last jugments. This amount is often divided in two parts, 90% is charged to the owner and 10% remains for the captain's account. Although one may think the contrary these 10% are really requested by the french justice from the sentenced master, and are not at all taken in charge by P&I clubs as they do confirm in their monthly bulletins. The last informations about this subject is concerning an Italian master who received home order to pay 40.000 € following a court sentence, a Greek master has also received home an order to pay. |