Section 146p. 146

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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 off-shore 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, 6and 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.

© Compiled by RGL

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