PROTECTION AND PRESERVATION OF THE
MARINE ENVIRONMENT
SECTION 1. GENERAL PROVISIONS
Article 192
General obligation
States have the obligation to protect and preserve the marine environment.
Article 193
Sovereign right of States to exploit their natural resources
States have the sovereign right to exploit their natural resources pursuant
to their environmental policies and in accordance with their duty to
protect and preserve the marine environment.
Article 194
Measures to prevent, reduce and control pollution of the
marine environment
1. States shall take, individually or jointly as appropriate, all measures
consistent with this Convention that are necessary to prevent, reduce and
control pollution of the marine environment from any source, using for this
purpose the best practicable means at their disposal and in accordance with
their capabilities, and they shall endeavour to harmonize their policies in
this connection.
2. States shall take all measures necessary to ensure that activities under
their jurisdiction or control are so conducted as not to cause damage by
pollution to other States and their environment, and that pollution arising
from incidents or activities under their jurisdiction or control does not
spread beyond the areas where they exercise sovereign rights in accordance
with this Convention.
3. The measures taken pursuant to this Part shall deal with all sources of
pollution of the marine environment. These measures shall include, inter
alia, those designed to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially those
which are persistent, from land-based sources, from or through the
atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of
operations at sea, preventing intentional and unintentional
discharges, and regulating the design, construction, equipment,
operation and manning of vessels;
(c) pollution from installations and devices used in exploration or
exploitation of the natural resources of the sea-bed and subsoil, in
particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and regulating
the design, construction, equipment, operation and manning of such
installations or devices;
(d) pollution from other installations and devices operating in the
marine environment, in particular measures for preventing accidents
and dealing with emergencies, ensuring the safety of operations at
sea, and regulating the design, construction, equipment, operation
and manning of such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the marine
environment, States shall refrain from unjustifiable interference with
activities carried out by other States in the exercise of their rights and
in pursuance of their duties in conformity with this Convention.
5. The measures taken in accordance with this Part shall include those
necessary to protect and preserve rare or fragile ecosystems as well as the
habitat of depleted, threatened or endangered species and other forms of
marine life.
Article 195
Duty not to transfer damage or hazards or transform one type
of pollution into another
In taking measures to prevent, reduce and control pollution of the marine
environment, States shall act so as not to transfer, directly or
indirectly, damage or hazards from one area to another or transform one
type of pollution into another.
Article 196
Use of technologies or introduction of alien or new species
1. States shall take all measures necessary to prevent, reduce and control
pollution of the marine environment resulting from the use of technologies
under their jurisdiction or control, or the intentional or accidental
introduction of species, alien or new, to a particular part of the marine
environment, which may cause significant and harmful changes thereto.
2. This article does not affect the application of this Convention
regarding the prevention, reduction and control of pollution of the marine
environment.
SECTION 2. GLOBAL AND REGIONAL CO-OPERATION
Article 197
Co-operation on a global or regional basis
States shall co-operate on a global basis and, as appropriate, on a
regional basis, directly or through competent international organizations,
in formulating and elaborating international rules, standards and
recommended practices and procedures consistent with this Convention, for
the protection and preservation of the marine environment, taking into
account characteristic regional features.
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.
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 co-operate, to the extent possible, in eliminating the
effects of pollution and 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.
Article 200
Studies, research programmes and exchange of
information and data
States shall co-operate, directly or through competent international
organizations, for the purpose of promoting studies, undertaking programmes
of scientific research and encouraging the exchange of information and data
acquired about pollution of the marine environment. They shall endeavour to
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.
Article 201
Scientific criteria for regulations
In the light of the information and data acquired pursuant to article 200,
States shall co-operate, directly or through competent international
organizations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices
and procedures for the prevention, reduction and control of pollution of
the marine environment.
SECTION 3. TECHNICAL ASSISTANCE
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international organizations:
(a) promote programmes of scientific, educational, technical and other
assistance to developing States for the protection and preservation
of the marine environment and the prevention, reduction and control
of marine pollution. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant international
programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research, monitoring,
educational and other programmes;
(b) provide appropriate assistance, especially to developing States, for
the minimization of the effects of major incidents which may cause
serious pollution of the marine environment;
(c) provide appropriate assistance, especially to developing States,
concerning the preparation of environmental assessments.
Article 203
Preferential treatment for developing States
Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimization of its
effects, be granted preference by international organizations in:
(a) the allocation of appropriate funds and technical assistance; and
(b) the utilization of their specialized services.
SECTION 4. MONITORING AND ENVIRONMENTAL
ASSESSMENT
Article 204
Monitoring of the risks or effects of pollution
1. States shall, consistent with the rights of other States, endeavour, as
far as practicable, directly or through the competent international
organizations, to observe, measure, evaluate and analyse, by recognized
scientific methods, the risks or effects of pollution of the marine
environment.
2. In particular, States shall keep under surveillance the effects of any
activities which they permit or in which they engage in order to determine
whether these activities are likely to pollute the marine environment.
Article 205
Publication of reports
States shall publish reports of the results obtained pursuant to article
204 or provide such reports at appropriate intervals to the competent
international organizations, which should make them available to all
States.
Article 206
Assessment of potential effects of activities
When States have reasonable grounds for believing that planned activities
under their jurisdiction or control may cause substantial pollution of or
significant and harmful changes to the marine environment, they shall, as
far as practicable, assess the potential effects of such activities on the
marine environment and shall communicate reports of the results of such
assessments in the manner provided in article 205.
SECTION 5. INTERNATIONAL RULES AND
NATIONAL LEGISLATION TO PREVENT,
REDUCE AND CONTROL POLLUTION OF THE
MARINE ENVIRONMENT
Article 207
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from land-based sources, including
rivers, estuaries, pipelines and outfall structures, taking into account
internationally agreed rules, standards and recommended practices and
procedures.
2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.
3. States shall endeavour to harmonize their policies in this connection at
the appropriate regional level.
4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the marine environment from land-based
sources, taking into account characteristic regional features, the economic
capacity of developing States and their need for economic development. Such
rules, standards and recommended practices and procedures shall be
reexamined from time to time as necessary.
5. Laws, regulations, measures, rules, standards and recommended practices
and procedures referred to in paragraphs 1, 2 and 4 shall include those
designed to minimize, to the fullest extent possible, the release of toxic,
harmful or noxious substances, especially those which are persistent, into
the marine environment.
Article 208
Pollution from sea-bed activities subject to
national jurisdiction
1. Coastal States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment arising from or in connection
with seabed activities subject to their jurisdiction and from artificial
islands, installations and structures under their jurisdiction, pursuant to
articles 60 and 80.
2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.
3. Such laws, regulations and measures shall be no less effective than
international rules, standards and recommended practices and procedures.
4. States shall endeavour to harmonize their policies in this connection at
the appropriate regional level.
5. States, acting especially through competent international organizations
or diplomatic conference, shall establish global and regional rules,
standards and recommended practices and procedures to prevent, reduce and
control pollution of the marine environment referred to in paragraph 1.
Such rules, standards and recommended practices and procedures shall be
re-examined from time to time as necessary.
Article 209
Pollution from activities in the Area
1. International rules, regulations and procedures shall be established in
accordance with Part XI to prevent, reduce and control pollution of the
marine environment from activities in the Area. Such rules, regulations and
procedures shall be re-examined from time to time as necessary.
2. Subject to the relevant provisions of this section, States shall adopt
laws and regulations to prevent, reduce and control pollution of the marine
environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. The
requirements of such laws and regulations shall be no less effective than
the international rules, regulations and procedures referred to in
paragraph 1.
Article 210
Pollution by dumping
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment by dumping.
2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.
3. Such laws, regulations and measures shall ensure that dumping is not
carried out without the permission of the competent authorities of States.
4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control such pollution. Such rules, standards and recommended
practices and procedures shall be re-examined from time to time as
necessary.
5. Dumping within the territorial sea and the exclusive economic zone or
onto the continental shelf shall not be carried out without the express
prior approval of the coastal State, which has the right to permit,
regulate and control such dumping after due consideration of the matter
with other States which by reason of their geographical situation may be
adversely affected thereby.
6. National laws, regulations and measures shall be no less effective in
preventing, reducing and controlling such pollution than the global rules
and standards.
Article 211
Pollution from vessels
1. States, acting through the competent international organization or
general diplomatic conference, shall establish international rules and
standards to prevent, reduce and control pollution of the marine
environment from vessels and promote the adoption, in the same manner,
wherever appropriate, of routeing systems designed to minimize the threat
of accidents which might cause pollution of the marine environment,
including the coastline, and pollution damage to the related interests of
coastal States. Such rules and standards shall, in the same manner, be
re-examined from time to time as necessary.
2. States shall adopt laws and regulations for the prevention, reduction
and control of pollution of the marine environment from vessels flying
their flag or of their registry. Such laws and regulations shall at least
have the same effect as that of generally accepted international rules and
standards established through the competent international organization or
general diplomatic conference.
3. States which establish particular requirements for the prevention,
reduction and control of pollution of the marine environment as a condition
for the entry of foreign vessels into their ports or internal waters or for
a call at their off-shore terminals shall give due publicity to such
requirements and shall communicate them to the competent international
organization. Whenever such requirements are established in identical form
by two or more coastal States in an endeavour to harmonize policy, the
communication shall indicate which States are participating in such
co-operative arrangements. Every State shall require the master of a vessel
flying its flag or of its registry, when navigating within the territorial
sea of a State participating in such co-operative arrangements, to furnish,
upon the request of that State, information as to whether it is proceeding
to a State of the same region participating in such co-operative
arrangements and, if so, to indicate whether it complies with the port
entry requirements of that State. This article is without prejudice to the
continued exercise by a vessel of its right of innocent passage or to the
application of article 25, paragraph 2.
4. Coastal States may, in the exercise of their sovereignty within their
territorial sea, adopt laws and regulations for the prevention, reduction
and control of marine pollution from foreign vessels, including vessels
exercising the right of innocent passage. Such laws and regulations shall,
in accordance with Part 11, section 3, not hamper innocent passage of
foreign vessels.
5. Coastal States, for the purpose of enforcement as provided for in
section 6, may in respect of their exclusive economic zones adopt laws and
regulations for the prevention, reduction and control of pollution from
vessels conforming to and giving effect to generally accepted international
rules and standards established through the competent international
organization or general diplomatic conference.
6. (a) Where the international rules and standards referred to in
paragraph 1 are inadequate to meet special circumstances and coastal
States have reasonable grounds for believing that a particular,
clearly defined area of their respective exclusive economic zones is
an area where the adoption of special mandatory measures for the
prevention of pollution from vessels is required for recognized
technical reasons in relation to its oceanographical and ecological
conditions, as well as its utilization or the protection of its
resources and the particular character of its traffic, the coastal
States, after appropriate consultations through the competent
international organization with any other States concerned, may, for
that area, direct a communication to that organization, submitting
scientific and technical evidence in support and information on
necessary reception facilities. Within 12 months after receiving such
a communication, the organization shall determine whether the
conditions in that area correspond to the requirements set out above.
If the organization so determines, the coastal States may, for that
area, adopt laws and regulations for the prevention, reduction and
control of pollution from vessels implementing such international
rules and standards or navigational practices as are made applicable,
through the organization, for special areas. These laws and
regulations shall not become applicable to foreign vessels until 15
months after the submission of the communication to the organization.
(b) The coastal States shall publish the limits of any such particular,
clearly defined area.
(c) If the coastal States intend to adopt additional laws and regulations
for the same area for the prevention, reduction and control of
pollution from vessels, they shall, when submitting the aforesaid
communication, at the same time notify the organization thereof. Such
additional laws and regulations may relate to discharges or
navigational practices but shall not require foreign vessels to
observe design, construction, manning or equipment standards other
than generally accepted international rules and standards; they shall
become applicable to foreign vessels 15 months after the submission
of the communication to the organization, provided that the
organization agrees within 12 months after the submission of the
communication.
7. The international rules and standards referred to in this article should
include inter alia those relating to prompt notification to coastal States,
whose coastline or related interests may be affected by incidents,
including maritime casualties, which involve discharges or probability of
discharges.
Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from or through the atmosphere,
applicable to the air space under their sovereignty and to vessels flying
their flag or vessels or aircraft of their registry, taking into account
internationally agreed rules standards and recommended practices and
procedures and the safety of air navigation.
2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.
3. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control such pollution.
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:
(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.
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.
SECTION 7. SAFEGUARDS
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take measures
to facilitate the hearing of witnesses and the admission of evidence
submitted by authorities of another State, or by the competent
international organization, and shall 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. The official representatives attending such
proceedings shall have such rights and duties as may be provided under
national laws and regulations or international law.
Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this Part may only
be exercised by officials or by warships, military aircraft, or other ships
or aircraft clearly marked and identifiable as being on government service
and authorized to that effect.
Article 225
Duty to avoid adverse consequences in the exercise of the
powers of enforcement
In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of navigation
or otherwise create any hazard to a vessel, or bring it to an unsafe port
or anchorage, or expose the marine environment to an unreasonable risk.
Article 226
Investigation of foreign vessels
1. (a) States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216, 218
and 220. Any physical inspection of a foreign vessel shall be limited
to an examination of such certificates, records or other documents as
the vessel is required to carry by generally accepted international
rules and standards or of any similar documents which it is carrying;
further physical inspection of the vessel may be undertaken only
after such an examination and only when:
(i) there are clear grounds for believing that the condition of the
vessel or its equipment does not correspond substantially with the
particulars of those documents;
(ii) the contents of such documents are not sufficient to confirm or
verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and records.
(b) If the investigation indicates a violation of applicable laws and
regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made
promptly subject to reasonable procedures such as bonding or other
appropriate financial security.
(c) Without prejudice to applicable international rules and standards
relating to the seaworthiness of vessels, the release of a vessel
may, whenever it would present an unreasonable threat of damage to
the marine environment, be refused or made conditional upon
proceeding to the nearest appropriate repair yard. Where release has
been refused or made conditional, the flag State of the vessel must
be promptly notified, and may seek release of the vessel in
accordance with Part XV.
2. States shall co-operate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.
Article 227
Non-discrimination with respect to foreign vessels
In exercising their rights and performing their duties under this Part,
States shall not discriminate in form or in fact against vessels of any
other State.
Article 228
Suspension and restrictions on institution of proceedings
1. Proceedings to impose penalties in respect of any violation of
applicable laws and regulations or international rules and standards
relating to the prevention, reduction and control of pollution from vessels
committed by a foreign vessel beyond the territorial sea of the State
instituting proceedings shall be suspended upon the taking of proceedings
to impose penalties in respect of corresponding charges by the flag State
within six months of the date on which proceedings were first instituted,
unless those proceedings relate to a case of major damage to the coastal
State or the flag State in question has repeatedly disregarded its
obligation to enforce effectively the applicable international rules and
standards in respect of violations committed by its vessels. The flag State
shall in due course make available to the State previously instituting
proceedings a full dossier of the case and the records of the proceedings,
whenever the flag State has requested the suspension of proceedings in
accordance with this article. When proceedings instituted by the flag State
have been brought to a conclusion, the suspended proceedings shall be
terminated. Upon payment of costs incurred in respect of such proceedings,
any bond posted or other financial security provided in connection with the
suspended proceedings shall be released by the coastal State.
2. Proceedings to impose penalties on foreign vessels shall not be
instituted after the expiry of three years from the date on which the
violation was committed, and shall not be taken by any State in the event
of proceedings having been instituted by another State subject to the
provisions set out in paragraph 1.
3. The provisions of this article are without prejudice to the right of the
flag State to take any measures, including proceedings to impose penalties,
according to its laws irrespective of prior proceedings by another State.
Article 229
Institution of civil proceedings
Nothing in this Convention affects the institution of civil proceedings in
respect of any claim for loss or damage resulting from pollution of the
marine environment.
Article 230
Monetary penalties and the observance of recognized rights
of the accused
1. Monetary penalties only may be imposed with respect to violations of
national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels beyond the territorial
sea.
2. Monetary penalties only may be imposed with respect to violations of
national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels in the territorial sea,
except in the case of a wilful and serious act of pollution in the
territorial sea.
3. In the conduct of proceedings in respect of such violations committed by
a foreign vessel which may result in the imposition of penalties,
recognized rights of the accused shall be observed.
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 pursuant to section 6 against foreign vessels, and
shall submit to the flag State all official reports concerning such
measures. However, with respect to violations committed in the territorial
sea, the foregoing obligations of the coastal State apply only to such
measures as are taken in proceedings. 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 pursuant to section 6
against foreign vessels.
Article 232
Liability of States arising from enforcement measures
States shall be liable for damage or loss attributable to them arising from
measures taken pursuant to section 6 when such measures are unlawful or
exceed those reasonably required in the light of available information.
States shall provide for recourse in their courts for actions in respect of
such damage or loss.
Article 233
Safeguards with respect to straits used for international
navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits used for
international navigation. However, if a foreign ship other than those
referred to in section 10 has committed a violation of the laws and
regulations referred to in article 42, paragraph 1 (a) and (b), causing or
threatening major damage to the marine environment of the straits, the
States bordering the straits may take appropriate enforcement measures and
if so shall respect mutatis mutandis the provisions of this section.
SECTION 8. ICE-COVERED AREAS
Article 234
Ice-covered areas
Coastal States have the right to adopt and enforce non-discriminatory laws
and regulations for the prevention, reduction and control of marine
pollution from vessels in ice-covered areas within the limits of the
exclusive economic zone, where particularly severe climatic conditions and
the presence of ice covering such areas for most of the year create
obstructions or exceptional hazards to navigation, and pollution of the
marine environment could cause major harm to or irreversible disturbance of
the ecological balance. Such laws and regulations shall have due regard to
navigation and the protection and preservation of the marine environment
based on the best available scientific evidence.
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. They shall be liable in accordance with international law.
2. States shall ensure that recourse is available in accordance with their
legal systems for prompt and adequate compensation or other relief in
respect of damage caused by pollution of the marine environment by natural
or juridical persons under their jurisdiction.
3. With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment, States
shall co-operate in the implementation of existing international law and
the further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the
settlement of related disputes, as well as, where appropriate, development
of criteria and procedures for payment of adequate compensation, such as
compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and preservation
of the marine environment do not apply to any warship, naval auxiliary,
other vessels or aircraft owned or operated by a State and used, for the
time being only on government non-commercial service. However, each State
shall ensure, by the adoption of appropriate measures not impairing
operations or operational capabilities of such vessels or aircraft owned or
operated by it, that such vessels or aircraft act in a manner consistent,
so far as is reasonable and practicable, with this Convention.
SECTION 11. OBLIGATIONS UNDER OTHER
CONVENTIONS ON THE PROTECTION AND
PRESERVATION OF THE MARINE ENVIRONMENT
Article 237
Obligations under other conventions on the protection and
preservation of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of the
marine environment and to agreements which may be concluded in furtherance
of the general principles set forth in this Convention.
2. Specific obligations assumed by States under special conventions, with
respect to the protection and preservation of the marine environment,
should be carried out in a manner consistent with the general principles
and objectives of this Convention.
