'The directive conveys the false notion that “serious negligence” relates to acts or omissions involving culpability at an intermediate level  between ordinary negligence and recklessness. No such level of culpability is recognised by law and it would be difficult if not impossible to define. The term is legally defective.’

Although the Commission had asserted that the directive was aimed particularly at rogue operators, Embiricos went on to point out that pollution caused by rogue operators is already a criminal offence under the MARPOL Convention.

'The directive neither fulfils nor furthers its stated objectives,nor does it have any positive or beneficial contribution to offer, he said. ‘A serious mistake has been made and it is time to put it right. The directive must be reversed. Not to do so would border on recklessness.’

MJ Information No: 21221