Marseille puts American ship captain on trial over pollution as ports grapple with impact of huge cruise liners

The Azura - a liner of up to 3,000 berths and one of the largest in the fleet of P&O Cruises 
Mr Hoyt was prosecuted after a spot check on his ship Azura - a liner of up to 3,000 berths and one of the largest in the fleet of P&O Cruises 

The American captain of a giant cruise liner is standing trial in Marseille on charges of breaching pollution limits in the first such case in France amid rising concerns over the smog threat from such massive tourist ships.

The unprecedented trial opened as maritime authorities battled a vast oil slick off Corsica after a cargo ship rammed into another freight vessel near the French Mediterranean island early on Sunday.

Evans Hoyt, 58, has been charged with burning bunker fuel containing 1.68 per cent sulphur - above the European limit of 1.5 per cent.  Mr Hoyt was prosecuted after a spot check on his ship Azura - a liner of up to 3,000 berths and one of the largest in the fleet of P&O Cruises, whose parent company Carnival is also being charged.

He faces up to one year in prison and a €200,000 (£176,000) fine. 

Tracked down by investigators a few days after the testing during a stop east of Marseille, the captain - not present in court - has admitted using the fuel. 

In court, his lawyer, Bertrand Coste contended that European environment rules unfairly distinguished between cruise ship limits and those for cargo vessels, which is higher, saying this meant there was a lack of "equality before the law". He also sought to have the trial annulled due to alleged procedural errors.

"The defence is pulling out the stops so that the captain of the Azura escapes his responsibilities," responded prosecutor Franck Laugier, adding that the charges were justified.

Favoured by cruise liners due to its lower cost, high-sulphur fuel produces sulphur oxides that contribute to the acidification of rain and oceans.

The trial is politically sensitive for Marseille as the southern port city is on a drive to become the Mediterranean’s top cruise liner destination with two million visitors in 2020 - up from 1.55 million this year.

Authorities are battling an oil slick off Corsica after a cargo ship rammed into another freight vessel near the French Mediterranean island early on Sunday
Authorities are battling an oil slick off Corsica after a cargo ship rammed into another freight vessel near the French Mediterranean island early on Sunday Credit: STANISLAS GENTIEN/ AFP

At the same time, it has been tackling rising problems linked to smog with authorities saying that up to a fifth of the dangerous particulate matter in Marseille's air comes from such ships. These reach levels 100 times higher near the city's busy port than further inland.

Even when not on the move, a single ship emits as much pollution as 10,000 to 30,000 cars, according to AirPaca, the regional air pollution monitoring agency. At sea, it guzzles on average 2,000 litres of fuel per hour, making the combined consumption equivalent to around a million cars, environmental groups say.

According to Rostock university and the German environmental research centre Helmholz Zentrum Munich, maritime transport emissions are responsible for 60,000 premature deaths per year and account for €58 billion in health costs in Europe, notably respiratory and heart disease.

While the captain appeared to only narrowly surpass the limits, the trial comes as the UN's International Maritime Organization is due to impose the far stricter ceiling of 0.5 percent in 2020.

Environmental groups are pushing for an ever lower limit, citing the 0.1 percent sulphur ceiling in force in the Baltic Sea, the North Sea and along coastlines in North America and the Caribbean.

For the NGO France Nature Environment, the Azura case underlines “the sense of impunity liner captains and cruise companies feel due to the difficulties in controlling illicit activities and the low level of legal procedures around the world on this matter”.

Defence lawyers are expected to call for an acquittal, arguing that the 1.5 per cent limit does not apply to the Azura as it is not a “regular” visitor to European ports, in which case the limit is 3.5 per cent.

Civil plaintiffs say the European Court of Justice has already ruled in their favour on this point.

The trial opened as maritime authorities sought to prevent an oil slick stretched over 20km from reaching the shores of Corsica, the French island south of Marseille.

The slick occurred after the cargo ship Ulysse, operated by the Tunisian operator CTN, struck the Cyprus-based CLS Virgina while it was anchored about 30km (18.6 miles) off the northern tip of the island on Sunday morning.

Up to 200 square metres of fuel are thought to have leaked in the collision. Two French and two Italian vessels are seeking to protect the Corsican coastline with a floating barrier and suction system.

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