Expanding the ambit of liability for oil pollution from tankers: The charterer's position under EU Law

Comments on the European Court of Justice decision in Commune de Mesquer v Total France SA (C-188/07) on whether: (1) heavy fuel oil accidentally spilled at sea following the shipwreck of the Erika constituted waste within Directive 75/442 (Waste Framework Directive) art.1(a); and (2) the shipowner or the seller-charterer was liable for the cost of disposing of the waste under art.15 of the Directive. Considers the significance of the judgment in exposing the complexity of EU waste legislation and its application of the "polluter pays" principle, as well as exerting financial pressure on operators and charterers not to use substandard vessel