What are the penalties for non-compliance in the UK?
The EU Regulation is already in force and binding but the precise enforcement process is left to Member States. The UK Government has published the draft Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) Regulations 2017 (the “draft UK Regulations”). The key point to note is that under the proposed UK Regulations a Company could be made criminally liable.
The potential fines should a Relevant Ship:
Importantly, under the draft UK Regulations there are wide powers of enforcement including the power:
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The potential fines should a Relevant Ship:
- enter or leave a port in the United Kingdom without a valid DoC; and/or
- fail to keep on board a valid DoC or to present a valid DoC upon inspection,
Importantly, under the draft UK Regulations there are wide powers of enforcement including the power:
- To detain a Relevant Ship by serving it with a ‘detention notice’ if anyone attempts to navigate it out of a port without a valid DoC; and
- Where a Member State has informed the Secretary of State that it has issued an expulsion order, refuse entry for the particular Relevant Ship to any port in the UK.
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