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'Damning' EU Ruling Halts Forth Oil Plan Decision on Ship-to-Ship Oil Transfer on Hold As UK Found Guilty of Breaching Wildlife Law

Posted on: Monday, 31 October 2005, 12:00 CST

By Rob Edwards Environment Editor

CONTROVERSIAL plans to pump millions of tonnes of Russian crude oil between ships in the Firth of Forth could be scuppered by a tough new environmental ruling from the European Court of Justice.

The Department for Transport in London has delayed a decision on the plans while it investigates the court ruling, which condemns both the UK government and the Scottish Executive for failing to implement laws to protect wildlife.

Giving the go-ahead to massive ship-to-ship oil transfers near the Fife coast without a proper assessment of the environmental risks could breach European law, say critics, and would expose the government to a costly legal challenge.

Melbourne Marine Services, a Sunderland-based company, is seeking permission to transfer oil from small to large tankers four miles off the coast near Methil. More than 100 transfers are envisaged every year, involving up to eight million tonnes of Russian crude and other hydrocarbons.

The idea is to establish an anchorage where small tankers from Russian oil terminals in the Baltic and Barents seas can hook up with giant, oceangoing tankers. After being filled up, the huge tankers would then deliver oil around the world to America and the Far East.

But the proposal has been fiercely opposed by the local authorities around the Forth, who fear their beaches may be polluted by oil spills. The government's wildlife conservation agency, Scottish Natural Heritage, has also come out against it, as have many community and environmental groups.

The Firth of Forth is famous for its wildlife, and includes two designated Special Protection Areas for seabirds such as eider ducks, dunlins and terns.

It also contains a designated Special Area for Conservation on the Isle of May, which is home to a population of grey seals.

The European Court of Justice, based in Luxembourg, found the UK government guilty on 11 counts of failing to implement the Habitats Directive, the EU's 1992 legislation that aims to protect wildlife. Much of the judgment applies to the Scottish Executive, which is responsible for implementing the directive north of the Border.

The court ruling, which was made on October 20, also ordered the UK government to pay legal costs. If it doesn't comply with the ruling, the government could end up being fined millions of pounds.

"This judgment is a damning criticism of the UK government and Executive's half-hearted approach to the protection of our coastal environment, " said Mark Ruskell, Green MSP for Mid Scotland and Fife and environment spokesman for the party in Scotland.

"Their carelessness puts the livelihoods of hundreds of people and the future of local economies in the Firth area in serious jeopardy, " he said.

"Ship-to-ship oil transfers will heighten this risk considerably."

Ruskell claimed the ruling clearly put the legality of the ship- to-ship oil transfers in doubt. He called on the transport secretary and Edinburgh MP, Alistair Darling, to "kill off the proposal now, or face breaking the law and paying the penalty".

"There is, quite simply, far too much at stake and far too great a risk. Companies will simply have to accept the inconvenience of coming into port to transfer oil, " he added.

Both the Scottish Executive in Edinburgh and the Department for Transport in London confirmed that the European court ruling could affect the ship-to-ship oil transfers.

"The relevant authorities are considering whether an assessment is required under the habitats regulations. The judgment by the European Court of Justice will be relevant to that, " said a spokesman for the Executive. "The Maritime and Coastguard Agency and the harbour authority will be guided by the outcome of those considerations."

Ministers are also considering more generally how to respond to the court ruling.

"The Executive is fully committed to fulfilling its obligations under the Habitats Directive and will work towards addressing the issues raised in the court ruling, " added the spokesman.

The Department for Transport had been expected to make a decision on the oil transfer plan by now. But the department's spokesman told the Sunday Herald that the government was now "considering the implications of the court judgment".

The Royal Society for the Protection of Birds (RSPB) pointed out that the Firth of Forth is an internationally important site for wildlife, with huge numbers of wildfowl and waders dependant on the estuary for survival in winter.

"Before we even consider ship-to-ship transfers of oil in the Forth, we must be convinced beyond all reasonable doubt that this will not increase the risk of pollution, devastating one of Scotland's most important natural assets, " said RSPB Scotland's Lloyd Austin. "The stakes are simply too high."

The court ruling requires the UK to update its systems for land use planning, water resource management and marine conservation in order to bring them into line with European law.

"We hope that, in Scotland, the Executive acts quickly to do so, "added Austin.

rob. edwards@sundayherald. com

NEED TO KNOW

A plan to transfer Russian oil between ships in the Forth, currently being considered by transport minister Alistair Darling, faces opposition from environmentalists over fears of an oil spillage.

NEED TO KNOW MORE?

http: //curia. eu. int

www. melbournemarine. com

www. mcga. gov. uk

www. rspb. org. uk/scotland

www. forthports. co. uk

Source: Sunday Herald

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