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Rouen court ruled in case of suspected marine pollution on the basis of satellite images
The "Guardians", now sailing as 'Stellar', had purged its tanks in 2021 off the coast of Normandy. Until now, no prosecution had been initiated without visual cross-checking. On the morning of Jan 13, 2021, the tanker, loaded with nearly 5,000 tons of rapeseed oil, left the port of Rouen en route to Rotterdam. CleanSeaNet, a satellite monitoring system for pollution at sea managed by the European Maritime Safety Agency, spotted an oily surface approximately 10 nautical mile off the Normandy coast, near Le Havre. According to initial findings, the chemical tanker had illegally discharged approximately 36 cubic meters of wastewater containing vegetable oil residues at a distance of 10.01 nautical miles (approximately 18 km) from the French coast, although regulations require a discharge at least 12 nautical miles. Satellite images, combined with the vessel's trajectory, strongly correlated the passage of the 'Guardians' with the presence of the slick. Based on this information, the prosecutor of Le Havre initiated proceedings against the captain and the ship's owner for illegal discharge of polluting substances. The authorities, however, were unable to fly over the area until the next day, when the ship and the polluting slick, approximately 15 kilometers long and 500 meters wide, were no longer visible. investigations conducted by the maritime police failed to gather any direct evidence on site: no water samples, partly due to highly unstable weather.The prosecutor, who initially immobilized the ship, nevertheless initiateds legal proceedings. In the first instance, in March 2022, the Le Havre District Court acquitted the captain and owner of the 'Guardians', finding that the evidence provided was insufficient. This decision was contested by environmental associations Surfrider Foundation and France Nature Environnement, civil parties, who have appealed. The case has since taken an unprecedented legal turn, with environmental groups hoping for a conviction based on satellite images. Three years after the events, the Rouen Court of Appeal delivered its decision on April 25, 2025. In a ruling, overturning the first instance decision, the Rouen Court of Appeal found the Cypriot company Valsa Holding Ltd, as owner and operator of the tanker,, guilty of the unlawful discharge of polluting substances, along with the ship's captain. A total fine of €80,000, of which €60,000 will be paid by the shipowner, was set. In addition, France Nature Environnement and Surfrider, as civil parties, will receive €10,000 in damages and €1,000 under Article 475-1 of the French Code of Criminal Procedure for costs incurred. In France, this was the first time that prosecutions have been initiated based on satellite images, without visual findings, and followed by a conviction. This could lead to more legal proceedings in the future.
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