Pollution – Greece
In case of pollution, the master and the vessel’s representative have to report the incident to the competent
port authority or the ministry and they are further under the obligation to assume reparatory action. Should they not be able to carry out these tasks themselves, they have to immediately appoint recognised companies engaging in preventing and dealing with pollution, and are liable for any delay.
Further, the competent port authority, when it becomes aware of a pollution incident taking place, has to advise polluting fighting vessels and engage entities that are experienced in pollution removal. Costs burden the polluting vessel.
Companies appointed to effect the above are required to take all appropriate measures under the supervision of the port authority. If they do not, their license might be revoked. Liable parties are the party who caused the pollution, the ship’s master, the shipowner, exploiter, and manager of the vessel.
A claim for damages due to pollution can be filed by the port authority or the local municipality, however it remains a private, and not a public, law dispute.
Piraeus One-membered Court of Appeal Judgment no 499/2013, Court of Appeal Judge: Chr. Gian-errikos, Attorney at law: F. Digas, An. Routsis, Maritime Law Review vol. 41, p. 450. NOTE: Pollution in Greek waters and rectification involve more parties. The specialised anti-pollution companies are a major player in the field; their efficiency is crucial in achieving the desired result. Their costs and fees burden the interests of the polluting vessel.
The legal column was written by Manolis Eglezos, Attorney at law, Manolis Eglezos & Associates Law Firm, Attorneys at Law and Consultants