622 - 2/09 - Unfair Penalties - Black Sea Ports

Date: 06/02/2009
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The Association is familiar with unfair penalties in Black Sea ports, namely Ukrainian ports. This bulletin reports on the situation now occurring in Georgian ports.

Georgian Law contains a provision that any pollution incident carries a minimum fine of US$4,000. This lower limit is applied even in cases where the evidence is unsubstantial and cases deemed unfair.

When the Georgian Environmental Organization alleges a pollution incident and imposes a fine, the fine is normally immediately acknowledged by the local courts. Owners must comply with the judgement otherwise the vessel will remain detained.

When a vessel is detained the master is brought before the local court, facing allegations of pollution. The defendant/owners and its P&I Club are not in a position to defend the claim or provide any evidence which may contest the allegation.


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