Section 145p. 145

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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

seabed 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 seabed 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 1, 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

cooperation

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

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