|
|
SECTION 6. ENFORCEMENT
Article 213
Enforcement with respect to pollution from land-based sources
States shall enforce their laws and regulations adopted in accordance with
article 207 and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards
established through competent international organizations or diplomatic
conference to prevent, reduce and control pollution of the marine
environment from land-based sources.
Article 214
Enforcement with respect to pollution from
sea-bed activities
States shall enforce their laws and regulations adopted in accordance with
article 208 and shall adopt laws and regulations and take other measures
necessary to implement applicable international rules and standards
established through competent international organizations or diplomatic
conference to prevent, reduce and control pollution of the marine
environment arising from or in connection with sea-bed activities subject
to their jurisdiction and from artificial islands, installations and
structures under their jurisdiction, pursuant to articles 60 and 80.
Article 215
Enforcement with respect to pollution from activities in the Area
Enforcement of international rules, regulations and procedures established
in accordance with Part XI to prevent, reduce and control pollution of the
marine environment from activities in the Area shall be governed by that
Part.
Article 216
Enforcement with respect to pollution by dumping
1. Laws and regulations adopted in accordance with this Convention and
applicable international rules and standards established through competent
international organizations or diplomatic conference for the prevention,
reduction and control of pollution of the marine environment by dumping
shall be enforced:
- by the coastal State with regard to dumping within its territorial
sea or its exclusive economic zone or onto its continental shelf;
- by the flag State with regard to vessels flying its flag or vessels
or aircraft of its registry;
- by any State with regard to acts of loading of wastes or other matter
occurring within its territory or at its off-shore terminals.
2. No State shall be obliged by virtue of this article to institute
proceedings when another State has already instituted proceedings in
accordance with this article.
Article 217
Enforcement by flag States
1. States shall ensure compliance by vessels flying their flag or of their
registry with applicable international rules and standards, established
through the competent international organization or general diplomatic
conference, and with their laws and regulations adopted in accordance with
this Convention for the prevention, reduction and control of pollution of
the marine environment from vessels and shall accordingly adopt laws and
regulations and take other measures necessary for their implementation.
Flag States shall provide for the effective enforcement of such rules,
standards, laws and regulations, irrespective of where a violation occurs.
2. States shall, in particular, take appropriate measures in order to
ensure that vessels flying their flag or of their registry are prohibited
from sailing, until they can proceed to sea in compliance with the
requirements of the international rules and standards referred to in
paragraph I, including requirements in respect of design, construction,
equipment and manning of vessels.
3. States shall ensure that vessels flying their flag or of their registry
carry on board certificates required by and issued pursuant to
international rules and standards referred to in paragraph 1. States shall
ensure that vessels flying their flag are periodically inspected in order
to verify that such certificates are in conformity with the actual
condition of the vessels. These certificates shall be accepted by other
States as evidence of the condition of the vessels and shall be regarded as
having the same force as certificates issued by them, unless there are
clear grounds for believing that the condition of the vessel does not
correspond substantially with the particulars of the certificates.
4. If a vessel commits a violation of rules and standards established
through the competent international organization or general diplomatic
conference, the flag State, without prejudice to articles 218, 220 and 228,
shall provide for immediate investigation and where appropriate institute
proceedings in respect of the alleged violation irrespective of where the
violation occurred or where the pollution caused by such violation has
occurred or has been spotted.
5. Flag States conducting an investigation of the violation may request the
assistance of any other State whose co-operation could be useful in
clarifying the circumstances of the case. States shall endeavour to meet
appropriate requests of flag States.
6. States shall, at the written request of any State, investigate any
violation alleged to have been committed by vessels flying their flag. If
satisfied that sufficient evidence is available to enable proceedings to be
brought in respect of the alleged violation, flag States shall without
delay institute such proceedings in accordance with their laws.
7. Flag States shall promptly inform the requesting State and the competent
international organization of the action taken and its outcome. Such
information shall be available to all States.
8. Penalties provided for by the laws and regulations of States for vessels
flying their flag shall be adequate in severity to discourage violations
wherever they occur.
Article 218
Enforcement by port States
1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may undertake investigations and, where the evidence
so warrants, institute proceedings in respect of any discharge from that
vessel outside the internal waters, territorial sea or exclusive economic
zone of that State in violation of applicable international rules and
standards established through the competent international organization or
general diplomatic conference.
2. No proceedings pursuant to paragraph 1 shall be instituted in respect of
a discharge violation in the internal waters, territorial sea or exclusive
economic zone of another State unless requested by that State, the flag
State, or a State damaged or threatened by the discharge violation, or
unless the violation has caused or is likely to cause pollution in the
internal waters, territorial sea or exclusive economic zone of the State
instituting the proceedings.
3. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State shall, as far as practicable, comply with requests
from any State for investigation of a discharge violation referred to in
paragraph 1, believed to have occurred in, caused, or threatened damage to
the internal waters, territorial sea or exclusive economic zone of the
requesting State. It shall likewise, as far as practicable, comply with
requests from the flag State for investigation of such a violation,
irrespective of where the violation occurred.
4. The records of the investigation carried out by a port State pursuant to
this article shall be transmitted upon request to the flag State or to the
coastal State. Any proceedings instituted by the port State on the basis of
such an investigation may, subject to section 7, be suspended at the
request of the coastal State when the violation has occurred within its
internal waters, territorial sea or exclusive economic zone. The evidence
and records of the case, together with any bond or other financial security
posted with the authorities of the port State, shall in that event be
transmitted to the coastal State. Such transmittal shall preclude the
continuation of proceedings in the port State.
Article 219
Measures relating to seaworthiness of vessels to avoid
pollution
Subject to section 7, States which, upon request or on their own
initiative, have ascertained that a vessel within one of their ports or at
one of their offshore terminals is in violation of applicable international
rules and standards relating to seaworthiness of vessels and thereby
threatens damage to the marine environment shall, as far as practicable,
take administrative measures to prevent the vessel from sailing. Such
States may permit the vessel to proceed only to the nearest appropriate
repair yard and, upon removal of the causes of the violation, shall permit
the vessel to continue immediately.
Article 220
Enforcement by coastal States
1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may, subject to section 7, institute proceedings in
respect of any violation of its laws and regulations adopted in accordance
with this Convention or applicable international rules and standards for
the prevention, reduction and control of pollution from vessels when the
violation has occurred within the territorial sea or the exclusive economic
zone of that State.
2. Where there are clear grounds for believing that a vessel navigating in
the territorial sea of a State has, during its passage therein, violated
laws and regulations of that State adopted in accordance with this
Convention or applicable international rules and standards for the
prevention, reduction and control of pollution from vessels, that State,
without prejudice to the application of the relevant provisions of Part II,
section 3, may undertake physical inspection of the vessel relating to the
violation and may, where the evidence so warrants institute proceedings,
including detention of the vessel, in accordance with its laws, subject to
the provisions of section 7.
3. Where there are clear grounds for believing that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation of applicable international
rules and standards for the prevention, reduction and control of pollution
from vessels or laws and regulations of that State conforming and giving
effect to such rules and standards, that State may require the vessel to
give information regarding its identity and port of registry, its last and
its next port of call and other relevant information required to establish
whether a violation has occurred.
4. States shall adopt laws and regulations and take other measures so that
vessels flying their flag comply with requests for information pursuant to
paragraph 3.
5. Where there are clear grounds for believing that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a substantial discharge causing or threatening significant
pollution of the marine environment, that State may undertake physical
inspection of the vessel for matters relating to the violation if the
vessel has refused to give information or if the information supplied by
the vessel is manifestly at variance with the evident factual situation and
if the circumstances of the case justify such inspection.
6. Where there is clear objective evidence that a vessel navigating in the
exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a discharge causing major damage or threat of major damage to
the coastline or related interests of the coastal State, or to any
resources of its territorial sea or exclusive economic zone, that State
may, subject to section 7, provided that the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws.
7. Notwithstanding the provisions of paragraph 6, whenever appropriate
procedures have been established, either through the competent
international organization or as otherwise agreed, whereby compliance with
requirements for bonding or other appropriate financial security has been
assured, the coastal State if bound by such procedures shall allow the
vessel to proceed.
8. The provisions of paragraphs 3, 4, 5, 6 and 7 also apply in respect of
national laws and regulations adopted pursuant to article 211, paragraph 6.
Article 221
Measures to avoid pollution arising from maritime casualties
1. Nothing in this Part shall prejudice the right of States, pursuant to
international law, both customary and conventional, to take and enforce
measures beyond the territorial sea proportionate to the actual or
threatened damage to protect their coastline or related interests,
including fishing, from pollution or threat of pollution following upon a
maritime casualty or acts relating to such a casualty, which may reasonably
be expected to result in major harmful consequences.
2. For the purposes of this article, "maritime casualty" means a collision
of vessels, stranding or other incident of navigation, or other occurrence
on board a vessel or external to it resulting in material damage or
imminent threat of material damage to a vessel or cargo.
Article 222
Enforcement with respect to pollution from or
through the atmosphere
States shall enforce, within the air space under their sovereignty or with
regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with article
212, paragraph 1, and with other provisions of this Convention and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
international organizations or diplomatic conference to prevent, reduce and
control pollution of the marine environment from or through the atmosphere,
in conformity with all relevant international rules and standards
concerning the safety of air navigation.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
|