Protection & Preservation of the Marine Environment in the United States

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.