ENFORCEMENT OF REGULATIONS CONCERNING THE PROTECTION OF THE MARINE ENVIRONMENT AGAINST VESSEL-SOURCE POLLUTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300060008-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: October 31, 2001
• Sequence Number: 8
• Publication Date: August 1, 1974
• Content Type: REGULATION

ITAVINZ 001/12/05': CIA-RDP82SO0697R000300060008-3
Distr.
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T 9 CO14bE RICE,
C1 THE LA OF THE SEA
Draft articles
ENFORCEMENT OF REGULATIONS CONCERNING THE PROTECTION
OF THE MARINE ENVIRONMENT AGAINST VESSEL-SOURCE
POLLUTION
1. States shall ensure that ships flying their flag comply with regulations established
in accordance with this Convention and shall issue for these ships certificates required
or provided for in such regulations. They shall deny the right to fly their flag to
ships which do not comply with such regulations.
2. A certificate issued by a State fojr a ship flying its flag in accordance with this
Convention shall be accepted by other states and regarded for all purposes covered by
this Convention as having the same vah:dity as a certificate issued by them.
3. If a State has issued a certificate for a ship flying its flag which does not
comply with the requirements of the regulations and such ship causes pollution of the
marine environment, the issuing State shall be-internationally responsible for damage to
other States and their haticnals resulting from the pollution incident and shall pay
compensation accordingly, unless the pollution incident was not due to the failure to
comply with the requirements.
1. A ship required to carry a certificate is subject, while in the ports, off-shore
terminals or internal waters of a Contracting State, to inspection by the authorities
of that State. Any such inspection shall be limited to verifying that there is on board
a valid certificate, unless there are clear grounds for believing that the condition of
the ship or its equipment does not correspond substantially with the particulars of
that cert-ificate.
2. If there are reasonable grounds for believing that the ship has violated discharge
regulations established in accordance with this Convention, such State may also inspect
the ship in order to ascertain whether it has violated such regulations.
C-0870
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1 August 1974
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3. If the ship does nun (,i_.L y vw... .. ..- ' .
condition of the'ship or its equipment does not correspond substantially with the
a~ ^1 i "i..!.~r. G of that certificate, or the ship has violated discharge regulations on the
t.0,i6h shall take approprirtt.e
action, aid to tiie coiipetenil- incernat..onal organization. If the inspection indicates
that the ship has violated discharge regulations within the territorial sea or internal
Waters of the inspectin State, the authorities of that State may intitute judicial or
administrative proceedings according to its national law.
1. If a shin does not carry a valid certificate as required by the regulations
established in accordance with this Conventiori,,States may deny such ship entry to their
ports or off-shore terminals, or passage through their territorial sea. If there are
reasonable grounds for believing that a ship does not carry a valid. certificate and if,
while in the territorial sea of a coastal'State, it' does not furnish information at the
request of that State, as required under the regulations, the ship shall be deemed not
to carry a valid certificate.
2. If there are reasonable Grounds for believing that a ship in the territorial sea
or internal waters of a coastal State has violated discharge regulations established in
accordance, with this Convention, the coastal State may, if-necessary in order to
ascertain.yhether the ship has violated the regulations, order a foreign merchant ship
to stop and board it, and may take action, pursuant to article.Il,paragraph (3), against
such ship. .
1. If substantial pollution, which may reasonably be expected.to-result'. in major harmful
conseauenccs to the marine environment, has occurred on the high seas in the vicinity of
the territorial, seas of coastal States, and if there are reasonable grounds for.
believing that a foreign merchant ship encotitered near the 'site 'of.the pollution' incident
has violated discharge regulations established in ^^ordance with this Convention, such
States"may,, if necessary in order to ascertain whether the ship has violated the
regulations, order the ship to stop and board 'it.
2. If the inspection indicates that the ship has violated discharge regulations, a
report shall be forwarded to the flag State, which shall take appropriate action, and to
the competent international organization.
Article .V
1. All possible efforts shall be made to ensure that a ship is not unduly detained or
delayed. For this purpose States shit],: inter'alia., co-operate in the development and
implementation of regulations and procedures to render unnecessary the stoppage or
--boarding, as provided for in the above articles, of a ship proceeding en route.
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2. Measures- take. __puxsuant, to the above,, Articles must not endanger ships, interfere
with navigation or other legiti?'!7ate uses of the sea, or create hazards to the marine
environment. Ships inspected on the high seas or in innocent passage through the
territorial sea must not be diverted, taken into port or ca-rested. If a State is
entitled to institute judicial or administrative proceedings against a foreign ship,
such ship may avoid arrest by bondinG.
3. If a State, pursuant to article III, denies a foreign ship entry to its ports or
offwshore terminals or passage through its territorial sea, or takes nyaai
such ship on account of a violation of discharge regulations, the State shall immediately
inform 'i he consul or diplomatic representative ox" tne' flay, State. ?-??----
t. If a ship is unduly detained or delayed, it shall be entitledto compensation for
any loss or damage suffered.
5. Measures taken pursuant to the above articles may discriminate neither against nor
among foreign ships. Reardin, ships of States which are not Parties to this Convention,
Contracting; States shall apply the provisions of this Convention, in accordance with
international law, in such a manner as to ensure that such ships are not accorded more
favourable treatment.
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