Why is “serious negligence ” not defined by the Ship-Source Pollution Directive Regulations?

Because, in the MCA’s consultation exercise, the MCA received mixed views as to whether it would or would not benefit stakeholders to have an explicit definition. The term therefore falls to judicial interpretation in the light of relevant caselaw (which would include a definition given in the judgment of the European Court of Justice in a case brought by Intertanko).

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