From chaos to calm in one injunction Nuclear Transports From chaos to calm in one injunction Khalil Bukhari Head of Legal International Nuclear Services UK Ltd

What INS does What INS does 25 January, 2018 25 January, 2018 2

Chaos Protest’s are often meticulously planned and can cause chaos

Atlantic Osprey boarded Shipment from Sweden to Sellafield, UK. Greenpeace activists boarded the Osprey twice, on 5 & 6 October 2007. Safety risk as Osprey travelling at full speed. On both occasions activists removed by Danish coastguard and released on land (but not before having tea and biscuits on board first!)

Atlantic Osprey boarded

Cherbourg Injunction March 2010 shipment from Sellafield to Cherbourg, France. Greenpeace planning to disrupt shipment. Activists chained themselves to a railway line disrupting another movement in France. Greenpeace carrying out practice drills in advance of shipment off the coast using their vessel Rainbow Warrior. Greenpeace activists injured during the practice drills. This information was used as part of joint injunction proceedings to protect the shipment. Injunction granted partly to prevent further risk of injury to Greenpeace activists.

September 2012 Shipment of MOX from Workington, England to Nordenham, Germany. Several anti-nuclear organisations declared intention to stop shipments, but not Greenpeace. Greenpeace activists in three rigid inflatable boats (RIBs) approached the vessel to board and spray paint, but failed. Eight police RIBs intervened to keep the activists away from the vessel. Two activists tied themselves to the quay and were removed and arrested.

Dangerous manoeuvres…

Greenpeace’s actions created national news

Protection of the next Shipment Next shipment due into port on 18 November 2012 from Workington to Nordenham. A decision was taken to apply for an injunction from the German courts to prevent Greenpeace activists from coming into contact with the vessel again. The injunction only valid once the vessel was within the 12 mile zone of Germany.

Legal action ∙Information Gathering ∙Creating Portfolio of evidence ∙Submission ∙Change of Court ∙Security Issues Ship departs Workington Injunction Granted ∙Injunction served ∙Risk of Appeal Ship arrives Nordenham 12 October 2012 12 November 2012 14 November 2012 15 November 2012 16 November 2012 18 November 2012

Injunction decision Greenpeace to keep 300m away from the bow of the vessel and 100m from other sides of the vessel. Exception for maximum of 30 minutes Prohibited Greenpeace from putting up banners or obstructions at the harbour and landing facilities. Prohibited Greenpeace from entering the vessel or making visual or other changes to the ship. Prohibited Greenpeace from interfering with communications between persons aboard the ship and third parties e.g. no loud sirens.

Exclusion zone creates calm

Greenpeace still able to protest without interfering with the vessel 25 January, 2018

Injunction Objectives Prevent Greenpeace from interfering with shipment. Clear message that INS and its affiliates will not tolerate unlawful interference with its lawful business. Safe passage & security of our vessels and the safety of any demonstrators, members of the public and crew.

Conclusion Not to stop Greenpeace/other organisations/individuals asserting their right to protest. Ensure protests are conducted safely without risks to personal safety of individuals. We support rights to legal & democratic protest, but we also have the right to carry out legal, authorized & safe transport operations without interference.