“The EU directive uses phrases like ‘serious negligence’, which is open to wide interpretation by member states. It
has to be remembered that seriousness of pollution and seriousness of negligence do not always go hand in hand,” Mr
Martis said.

Securing agreement on a common approach from the P&I clubs would also be critical. Clubs had been very supportive in
individual cases, he said.

“In the Prestige case, they advanced funds to bail the captain. This is not yet standard practice.”

He said that agreement from the clubs was necessary before Intermanager approached the IMO with this initiative, but he
was hopeful they would participate.

“The clubs are also mindful of unfavourable precedents being set. This is in everyone’s interest.”

As for the Hebei Two, who are now awaiting an appearance before South Korea’s supreme court, Mr Giorgi said the court
made “the right move” in allowing them out on bail.

“We believe the court will come out with a judgement that is fair and right,” he said.

However, he warned that if the two seafarers were not released, “the show of muscle will be unprecedented.”