The Court Of Appeal Confirms Risks Due To Illegal Scrapping Of Waste

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  • This case involved the attempt to illegally export and scrap a ship on the beaches of South Asia.
  • What is of great interest is that the Court of Appeal held that whether the sale to ship-recyclers is direct or indirect makes little difference as to the criminality of the act.
  • The decision was appealed, but in March 2022 the Court of Appeal upheld the first instance court decision that had imposed substantial fines both on the company and its executives.

This case involved the attempt to illegally export and scrap a ship on the beaches of South Asia. as stated in a recent article by standard club.

What the case involves?

This case involved the attempt to illegally export and scrap a ship on the beaches of South Asia.

As reported previously in the club’s Ship Recycling Bulletin, in 2020 the shipowner and the company were charged for having attempted to illegally export hazardous waste from Norway.

The decision was appealed, but in March 2022 the Court of Appeal upheld the first instance court decision that had imposed substantial fines both on the company and its executives, as well as ordered the imprisonment of the shipowner.

What is of great interest?

What is of great interest is that the Court of Appeal held that whether the sale to ship-recyclers is direct or indirect makes little difference as to the criminality of the act.

This case is a great reminder of

 (i) the fact that transboundary movements of waste is heavily regulated 

(ii) the importance of compliance with recycling regulations, whether direct or indirect sales are contemplated. 

Failing to comply may result in adverse consequences, including substantial fines and even the risk of imprisonment.

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Source:  Standard Club

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