United Nations Convention on the Law of the Sea 20

United Nations Convention on the Law of the Sea

 

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:

(a) by the coastal State with regard to dumping within its territorial
sea or its Exclusive Economic Zone or onto its Continental Shelf ;
(b) by the flag State with regard to vessels flying its flag or vessels
or aircraft of its registry;
(c) 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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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