Overview of

International Legislation
The Use of Surveillance Systems for Marine
Pollution Detection and Assessment

Overview of International Legislation

UNCLOS
MARPOL 73/78
OPRC 90
DIRECTIVE 35/2005
DIRECTIVE 123/2009

UNCLOS

United Nations Convention on the Law of the

Sea
Signed in Montego Bay 1982

Conscious that the problems of Ocean Space are

closely interrelated and need to be considered as a
whole

PART V. EXCLUSIVE ECONOMIC ZONE

Article 56 Rights, jurisdiction and duties of the coastal State
in the Exclusive Economic Zone (EEZ)

1. (B) In the EEZ, the coastal State has jurisdiction with regard
to:
(i) the establishment and use of artificial islands, installations and
structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
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PART VII. HIGH SEAS

Art.92 Status of ships
1. Ships shall sail under the flag of one State only and, save in
exceptional cases expressly provided for in international treaties or
in this Convention, shall be subject to its exclusive jurisdiction on
the high seas.

A ship may not change its flag

during a voyage or while in a port
of call, save in the case of a real
transfer of ownership or change
of registry.

PART VII. HIGH SEAS

Article 94.7 - Duties of the flag State
Each State shall cause an inquiry to be held by or before a suitably
qualified person or persons:
into every marine casualty or incident of navigation on the high seas
involving a ship flying its flag causing loss of life
or serious injury to nationals of another State
or serious damage to ships or installations of another State
or to the marine environment.

The flag State and the other State shall cooperate in the conduct of any
inquiry held by that other State into any such marine casualty or incident
of navigation.
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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT

Article 192 General Obligation

States have the obligation to protect and preserve the

marine environment

PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 197 Cooperation on a global or regional basis
States shall cooperate on a global basis and, as appropriate, on a
regional basis, directly or through competent international
organizations, in:
formulating and elaborating international rules
standards
recommended practices and
procedures

For the protection and preservation of the marine environment,

taking into account characteristic regional features.
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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 198 Notification of imminent or actual damage
When a State becomes aware of
cases in which the marine
environment is in imminent danger
of being damaged or has been
damaged by pollution,
it shall immediately notify other States
it deems likely to be affected by
such damage, as well as the competent
international organizations.

PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 199 Contingency plans against pollution
In the cases referred to in article 198, States in the area affected, in
accordance with their capabilities, and the competent international
organizations shall cooperate, to the extent possible:
in eliminating the effects of pollution
preventing or minimizing the damage
To this end, States shall jointly develop and promote contingency plans
for responding to pollution incidents in the marine environment.
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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 200 Studies, research programmes and exchange of
information and data

States shall:
cooperate for the purpose of promoting studies
undertake programmes of scientific research
encourage the exchange of information and data
participate actively in regional and global programmes to acquire:

knowledge for the assessment of the nature and extent of pollution,

exposure to it,
and its pathways,
risks and remedies.

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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 217 Enforcement by flag States
For vessels flying their flag or of their registry, State shall:
ensure compliance with applicable international rules and standards
with their laws and regulations adopted in accordance with the
Convention
ensure respect of design, construction, equipment and manning of
vessels
ensure that vessels carry on board certificates required by and issued
pursuant to international rules and standards
ensure that vessels flying their flag are periodically inspected

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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 217 Enforcement by flag States

If a vessel commits a violation of rules the flag State:

shall provide for immediate investigation
may request the assistance of any other State
institutes proceedings in respect of the alleged violation
Flag States shall promptly inform the requesting State and the
competent international organization of the action taken and its
outcome.
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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
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 ()

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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 220 Enforcement by Coastal States

When a vessel is voluntarily within a port or at an off-shore

terminal of a State, that State may:
undertake physical inspection of the vessel
require the vessel to give information
shall adopt laws and regulations
institute proceedings, including detention of the vessel, in accordance
with its laws.
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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 223 Measures to facilitate proceedings

In proceedings instituted pursuant to this Part, States shall take

measures to facilitate:

the hearing of witnesses

the admission of evidence submitted by authorities of another State,
or by the competent international organization
to facilitate the attendance at such proceedings of official
representatives of the competent international organization, the flag
State and any State affected by pollution arising out of any violation.

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PART XII. PROTECTION AND PRESERVATION THE MARINE

ENVIRONNEMENT
Article 231 Notification to the flag State and other States concerned

States shall:
promptly notify the flag State and any other State concerned of any
measures taken against foreign vessels
submit to the flag State all official reports concerning such measures

The diplomatic agents or consular officers and where possible the

maritime authority of the flag State, shall be immediately informed
of any such measures taken against foreign vessels.

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OPRC 90
The International Convention on Oil Pollution
Preparedness, Response and Co-operation 1990
(OPRC 90)
International instrument that provides
a framework designed to facilitate
international co-operation and mutual
assistance in preparing for and
responding to major oil pollution incidents
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OPRC 90
The Protocol on Preparedness, Response and Co-operation to
Pollution Incidents by Hazardous and Noxious Substances, 2000
(OPRC-HNS Protocol) extends this regulatory framework to address
pollution incidents involving hazardous and noxious substances, i.e.
chemicals.
OPRC 90 and OPRC-HNS Protocol
2000 provide the mechanism for
Parties to request assistance from
any other state Party, when faced
with a major pollution incident.

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OPRC 90
Art. 3 : Oil Pollution emergency Plans
Each Party shall require:
that ships entitled to fly its flag have on board a shipboard oil pollution
emergency plan
that operators of offshore units under
its jurisdiction have oil pollution
emergency plans
that authorities or operators in charge of such sea ports and oil handling
facilities under its jurisdiction as it deems appropriate have oil pollution
emergency plans or similar arrangements
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OPRC 90
Art. 6 : National and Regional systems for preparedness and
response
Each Party shall establish a national system for responding promptly
and effectively to oil pollution incidents. This system shall include as
a minimum of:
a competent national authority or authorities with responsibility for oil
pollution preparedness and response
a national operational contact point or points, which shall be
responsible for the receipt and transmission of oil pollution reports
an authority which is entitled to act on behalf of the State to request
assistance or to decide to render the assistance requested;
a national contingency plan for preparedness and response
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OPRC 90
Art. 6 : National and Regional systems for preparedness and
response
In addition, each Party, within its capabilities either individually or through
bilateral or multilateral co-operation shall establish:
a minimum level of pre-positioned oil spill combating equipment,
commensurate with the risk involved, and programms for its use
a programm of exercises for oil pollution response organizations and
training of relevant personnel
a detailed plans and communication capabilities for responding to an
oil pollution incident.
a mechanism or arrangement to co-ordinate the response to an oil
pollution incident with, if appropriate, the capabilities to mobilize the
necessary resources.
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OPRC 90
Art. 6 : National and Regional systems for preparedness and
response
Each Party shall ensure that current information is provided to the
Organization, directly or through the relevant regional organization or
arrangements, concerning:

the location, telecommunication data and, if applicable, areas of

responsibility of authorities and entities
information concerning pollution response equipment and
expertise in disciplines related to oil pollution response and
marine salvage which may be made available to other States,
upon request
its national contingency plan.
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OPRC 90
Art. 7 : International co-operation in pollution response
Each Party shall take necessary legal or administrative measures to facilitate:
(a) the arrival and utilization in and departure from its territory of:
ships
aircrafts
other modes of transport engaged in responding to an oil pollution incident or
transporting personnel,cargoes, materials and equipment

(b) the expeditious movement into, through, and out of its territory of:
personnel
cargoes
materials and equipment

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OPRC 90
Art. 8 : Research and Development
Parties agree to co-operate directly or, as appropriate, through the
Organization or relevant regional organizations in :
the promotion and exchange of results of research and
development programmes, including:

technologies and techniques for surveillance

containment
recovery
dispersion
clean-up and otherwise minimizing or
mitigating the effects of oil pollution, and
for restoration.
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OPRC 90
Art. 10 : Promotion of bilateral and multilateral cooperation in preparedness and response
Parties shall endeavour to conclude bilateral or multilateral
agreements for oil pollution preparedness and response.

Copies of such agreements shall be communicated to the

Organization which should make them available on request to
Parties.
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DIRECTIVE 35/2005
Directive of the European Parliament and the Council on shipsource pollution and on the introduction of penalties for
infringements

Amended by Directive 123/2009 in:

on ship-source pollution and on the introduction of penalties,
including criminal penalties, for pollution offences
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DIRECTIVE 35/2005
Article 1 : The purpose of this Directive is to incorporate international
standards for ship-source pollution into Community law and to ensure that
persons responsible for discharges of polluting substances are subject to
adequate penalties, including criminal penalties, in order to improve
maritime safety and to enhance protection of the marine environment
from pollution by ships.

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DIRECTIVE 35/2005
Article 3 :
This Directive shall apply, in accordance with international law, to discharges of
polluting substances in:
(a) the internal waters, including ports, of a Member State, in so far as the
Marpol regime is applicable;
(b) the territorial sea of a Member State;
(c) straits used for international navigation subject to the regime of transit
passage, as laid down in Part III, section 2, of the 1982 United Nations
Convention on the Law of the Sea, to the extent that a Member State exercises
jurisdiction over such straits;
(d) the exclusive economic zone or equivalent zone of a Member State,
established in accordance with international law; and
(e) the high seas.
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DIRECTIVE 35/2005
Article 4 as amended :
1. Member States shall ensure that ship-source discharges of polluting
substances, including minor cases of such discharges, into any of the areas
referred to in Article 3(1) are regarded as infringements if committed with:
intent,
recklessly
serious negligence.

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DIRECTIVE 35/2005
Article 5 as amended :
Exceptions

1. A discharge of polluting substances into any of the areas referred to in

Article 3(1) shall not be regarded as an infringement, if it satisfies the
conditions set out in Annex I, Regulations 15, 34, 4,1 or 4,3 or in Annex II,
Regulations 13, 3.1.1 or 3.1.3 of Marpol 73/78.
2. A discharge of polluting substances into the areas referred to in Article
3(1)(c), (d) and (e) shall not be regarded as an infringement for the owner,
the master or the crew, if it satisfies the conditions set out in Annex I,
Regulation 4,2 or in Annex II, Regulation 3.1.2 of Marpol 73/78.;
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DIRECTIVE 35/2005 as amended

Art. 5(a) Criminal offences
Member States shall ensure that infringements within the meaning of Articles
4 and 5 are regarded as criminal offences.
Art. 5(b) Inciting, aiding and abetting
Member States shall ensure that any act of inciting, or aiding and abetting an
offence committed with intent and referred to in Article 5a(1) and (3), is
punishable as a criminal offence.

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DIRECTIVE 35/2005
Article 8 as amended :

Penalties
Each Member State shall take the necessary
measures to ensure that infringements within
The meaning of Articles 4 and 5 are punishable
by effective,proportionate and dissuasive penalties.

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DIRECTIVE 35/2005 as amended

Article 8b Liability of legal persons
1.Each Member State shall take the necessary measures to ensure that legal
persons can be held liable for the criminal offences referred to in Article 5a(1)
and (3) and Article 5b, committed for their benefit by any natural person
acting either individually or as part of an organ of the legal person, and who
has a leading position within the structure of the legal person, based on:
(a) a power of representation of the legal person;
(b) authority to take decisions on behalf of the legal person; or
(c) authority to exercise control within the legal person.

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Overview of
International Legislation
The Use of Surveillance Systems for
Marine Pollution Detection and
Assessment

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