Pollution Penalties

MARPOL 73/78 has designated the Red Sea and the Arabian Gulf as special areas. In these areas discharge from ship oils, oily mixture, chemicals and other environmentally hazardous materials is completely prohibited.

Signatory countries whose coast lines border on special areas must make suitable reception and treatment facilities available. Egypt is signatory to MARPOL.

Egypt has ratified the 1969 Civil Liability Convention and the 1971 Fund Convention.

Following a pollution incident, the Environmental Agency would prepare a calculation which would be passed to the District Attorney’s office. They have the power to detain vessels until the claim is paid. All competent authorities (eg the courts would be bound to follow the District Attorney. The following are criminal penalties. The Environment Agency would make the civil claim. They would multiply the area by the age of the coral reef by the estimated number of fish living on the food given by the coral reef plus the destruction of marine life which would affect the tourist income of the country. In fact, the EEAA (Egyptian Environmental Affairs Agency)in determining a claim, uses the following equation:

“Area damaged x Density of Coral Reef in such area% x Rate of growth of damaged reef x US$ 120.- per square meter of reef”

The Egyptian law on oil spills and environmental protection is no. 4/94 chapter 4 article 90 states that a minimum of EGP 150.000 up to a maximum of EGP 500.000 will be imposed as a penalty against the accused for the following:

1. Oil spills, toxic waste which has been thrown in territorial waters.
2. Not exercising due diligence in respect of disposal of toxic waste and polluted waste and/or not using safety measurements which were a direct cause in polluting or damaging marine life.
3. Throwing or spilling any kind of substance which could be a direct or indirect cause of environmental pollution.

Article 91 states that the penalty for disposing of any substance which might be a direct cause due to the vessels breakdown or its equipment would be imprisonment and a minimum penalty of EGP 150.000 and a maximum of EGP 500.000, further the party which has been proven to be the direct cause of such act is obliged to remove such waste.

Article 92 A minimum penalty of EGP 70.000 and a maximum of EGP 300.000 is imposed if the following acts have taken place:

1. If a foreign seagoing vessel uses Egyptian ports and/or sails through territorial waters without installing anti-pollution equipment.
2. Not taking the precautionary steps to prevent or minimise the pollution during or after the breakdown of the vessel or its equipment and/or promptly notifying officially the competent authorities of waste due to the breakdown of the vessel or its equipment.
3. Not notifying officially the competent authorities promptly in respect of oil pollution and giving signification details of the casualty and the specific substance which has been spilled and its degree and the measures taken so far to stop or minimise the pollution.

If one of these three acts has been repeated by the same accused party a penalty is imposed by way of imprisonment and a minimum penalty of EGP 300.000 rising to a maximum of EGP 500.000 and the accused is obliged to remove the traces of the waste within the time limits notified by the competent authority.