Paris, 6 APR (EFE).-the condemnation pronounced against the multinational oil company Total France for his responsibility in the oil slick in 1999 resulting from the sinking of the oil tanker “Erika” may be annulled, as revealed today the gala press.
The trial to Total, who appealed the sentence to pay fine of 375,000 euros, the increased penalty provided in France for an ecological crime, could be annulled by the way, and not by the Fund, should so decide on 24 May the French Supreme Court.
“Ouest France” and “Libération” newspapers reported today that so it will happen if the Court follows the opinion of the Attorney general and the conclusions of a report exempting liability to prisoners on the grounds that the collapse of the “Erika” did not occur in French waters.
According to this opinion reported by the newspapers, the “Erika”, which was sailing under a Maltese flag, poured the oil transported in the exclusive economic zone (ZEE), i.e., outside the territorial waters of France.
Therefore, and given that the French State, according to international regulations, can only be applied its law outside territorial waters if the ship of which concerned has Gallic Pavilion, would be that in the case of the “Erika” the Gallic law would be inapplicable.
Would lead to the annulment of the sentence to Total since, according to the line proposed by the Prosecutor and the file of the case, what matters is where the wreck occurred no where noticed the effects of pollution resulting from the spill.
The French group, the largest company in the country in terms of market capitalisation, has always denied its responsibility in the sinking of the Erika, which sank on 12 December 1999 against Britain with 20,000 tons of crude oil, causing an oil slick in 400 miles of coastline and has polluted some 150,000 birds.
In the first instance the company, owner of the oil carrying vessel, was considered in January 2008 responsible for criminal, sentenced to a fine of 375,000 euros and pays 192.5 million euros in compensation to those affected along with the company of certification Rina, responsible for checking the status of the boat.
The oil was considered for the first time in France guilty of an environmental offence, a criminal figure new.
Total appealed that judgment and, in the second instance, the Paris Court of Appeal confirmed the fine, but exempted the oil of new compensation calling some of those affected.
In his appeal to the Supreme Court, Total argued that this was not its responsibility to know the State of the Erika, a task which corresponded to Rina.
This society of Italian certification was also sentenced in first and second instance to a fine of 375,000 euros.
In addition, the Court of Appeal confirmed the fines of 75,000 euros imposed on the owner, Giuseppe Savarese, and the Manager of the boat, Antonio Pollara.
Appeal also decided to raise 200,6 million the total amount of compensation, but exempted the oil of new payments to consider that because he had faced his share of them.
Total decided after the catastrophe to compensate those affected with 171.5 million euros regardless of the outcome of the process opened by the sinking of the Erika.
The Court ruled that the remaining payments correspond to the others convicted.
Addition, Total disbursed some EUR 200 million more to contribute to the costs arising from the work of cleaning the coast. EFE
