5 March 2019 – Aqualis Offshore AS, a Norwegian subsidiary, has received a
penalty charge notice of NOK 1.6 million from Økokrim public prosecutors’ office
regarding an alleged violation in 2017 of the Norwegian pollution control act
concerning transportation of waste for recycling across national borders,
specifically related to the vessel Tide Carrier. Aqualis Offshore contests the
charges. Økokrim has also advised that it will raise the fine to NOK 2.0 million
if Aqualis Offshore rejects the fine and the case is brought to court. 

The penalty charge relates to a marine warranty survey conducted by Aqualis
Offshore in 2017 on the vessel Tide Carrier in Kvinnherad, Norway. Prior to its
departure, whilst crew were reportedly undertaking some anciliary equipment
overhauls, the vessel dragged its anchor during the onset of a storm and was
subsequently towed to Gismarvik quay where it was placed under arrest. After
investigation, Økokrim charged and fined the vessel’s commercial manager for
attempting to illegally export hazardous waste to Pakistan. In issuing the
penalty charge notice to Aqualis Offshore, Økokrim claims that Aqualis Offshore
aided this attempt. 

Aqualis Offshore strongly opposes Økokrim’s assessment of its role in the case.
As an independent technical surveyor, Aqualis Offshore is not involved with
decisions about where shipowners trade their vessels nor is responsible for
ensuring shipowners comply with their legal obligations. With this penalty
charge notice, Økokrim attempts to hold Aqualis Offshore legally accountable for
destination decisions and processes that are outside the company’s influence and
control. 

“Økokrim’s charge against Aqualis Offshore can be compared with trying to hold a
licensed automotive workshop responsible for where a car owner decides to drive
their car following the completion of a periodic motor vehicle inspection (EU
control/MOT test),” says CEO David Wells.

Aqualis Offshore believes that a full court hearing will prove that the company
acted diligently in connection with the company’s marine warranty assignment,
and that Økokrim is trying to hold Aqualis Offshore legally accountable for
matters the company has no influence over. As the case will now go to court,
further comments on this matter will currently not be provided.