![]() |
|
Annex
| Standard format Pollution Observation Report on Polluters and Combatable Spills (Bonn Agreement) |
| Procedures 1 – 17 used in the Netherlands (cf. Section 5.3, Table 5 and Figure 1) |
POLLUTION OBSERVATION REPORT ON POLLUTERS AND COMBATABLE SPILLS
1. REPORTER:
| a. Reporting State : | |
| b. Observer (organisation/aircraft/ship/platform) | : ........................................, aircraft: Callsign ....... |
| c. Observe(s) (family name(s) | : 1......................................, 2...................................... |
2. DATE AND TIME:
| a. Date (yy,mm,dd) b. Time of observation | : Date........................................... Time.................................UTC |
3. LOCATION OF THE POLLUTION:
| a. Position of the pollution (lat./long) |
begin: .............................................N
...........................................E/W end : .............................................N ...........................................E/W |
| b. Inside/outside territorial waters | : • Inside • Outside |
4. DESCRIPTION OF THE POLLUTION:
| a. Type of substance discharged | : ...................................................................................................... |
| b. Estimated quantity | : ............................cub. metres |
| c. Length d. Width e. Total cover | : Length.........km Width............km Total cover.......................% |
| f. Percentage of covered area coloured (%) |
: 1..................% 4..................... %.
7.................................. % : 2..................% 5......................% 8.................................. % : 3..................% 6......................% i.e................................. |
5. METHOD OF DETECTION AND INVESTIGATION:
| a. Detection method (visual,SLAR,IR,UV,MWRM LFS, video cam., identification cam., other i.e.) | •
visual •
SLAR
• IR
•
UV • MWRM : • LFSl • video cam. • id. cam • Other....................... |
| b. Discharge observed c. Photographs taken | : Observed: yes/no photo’s: yes/no |
| d. Samples taken e. Need of combating | : Samples: yes/no Combat: yes/no |
| f. Other ships/platforms in vicinity (names) | : ...................................................................................................... |
6. WEATHER AND SEA CONDITIONS:
| a. Wind direction b. Windforce c. Visibility | : Direction.........degr Force..........bft Vis............ km |
| d. Cloud coverage e. Current direction | : Clouds............octa Current........degr |
OBSERVATION OF A DISCHARGE OF HARMFUL SUBSTANCE BY A SHIP UNDER ARTICLE 6(3) OF MARPOL 73/78
7 SHIP INVOLVED:
| a. Name | :.................................................................................................................. |
| b. Callsign c. Flag State | : Callsign............................ Flag State ................................ |
| d. Home Port | : ...................................................................................................... |
| e. Type of ship | : ...................................................................................................... |
| f. Position (lat/long) |
: ...........................N ..…....................E/W
at....................UTC : ...........................N ..........................E/W at......................UTC |
| g. Heading h. Speed | : Heading ........................degr Speed ..................................kts |
| i. Colour of the hull | : ................................................................................................................. |
| j. Colour of the funnel and funnel mark : | ...................................................................................................... |
8. INFORMATION BY RADIO CONTACT:
| a. Radio contact b. Means of communication | : Contact: yes/no Means: VHF/Telep, ...........Chn/Freq |
| c. Last port of call | : ...................................................................................................... |
| d. Next port of call, ETA (yy,mm,dd) | : ......................................................... ETA ............................... |
| e. Statements of captains/officer on duty | :
...................................................................................................... : ...................................................................................................... : ...................................................................................................... |
OBSERVATION OF A DISCHARGE OF HARMFUL SUBSTANCE BY AN OFFSHORE INSTALLATION
9. OFFSHORE INSTALLATION INVOLVED:
| a. Platform name | : ...................................................................................................... |
| b Position (lat./long) | : ...............................N ........................E/W at.................UTC |
| c. type of platform (production/drilling/rig etc | : .......................................................... |
| d. Company name | : ...................................................................................................... |
10. INFORMATION BY RADIO CONTACT:
| a. Radio contact b. Means of communication | : Contact: yes/no Means: VHF/Telep, ...........Chn/Freq |
| c. Contact with (position) | : ...................................................................................................... |
| d. Statements | :
...................................................................................................... : ...................................................................................................... : ...................................................................................................... |
11. REMARKS AND ADDITIONAL INFORMATION:
:
......................................................................................................
:
......................................................................................................
:
......................................................................................................
:
......................................................................................................
PROCEDURE 1
SHIP FOREIGN FLAG
(Dutch observer)
Discharge: a. OUTSIDE Netherlands territorial waters,
b. KNOWN Dutch port of destination.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
3. INSPECTION IN PORT OF DESTINATION:
Note: MSA and Police in port of destination are likely to combine efforts.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE SENT - WHEN CORRECT AND COMPLETE - THE ORIGINAL DOSSIER TO:
a. Department of Transport/MSA
or to:
b. Council of the Public Prosecutor entrusted with pollution cases, when a criminal investigation was also instituted;
and:
informs Department of Transport/MSA.
6a. DEPARTMENT OF TRANSPORT / MSA (case 5a):
6b. CENTRAL OFFICE (case 5 b):
Forward dossier to Public Prosecutor entrusted with marine pollution
cases who transfers the same through the Ministry of Justice and Ministry of
Foreign Affairs to the requesting Administration.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
9. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 2
SHIP FOREIGN FLAG
(Dutch observer)
Discharge: a. OUTSIDE Netherlands territorial waters,
b. KNOWN port of destination in other Port state with Focal Point.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
(if this focal point is not a 24-hours centre, one can contact the focal point of the Bonn Agreement/Helsinki Convention/Barcelona Convention, with the request to pass the message on to the MOU-PSC focal point)
3. CRIMINAL INVESTIGATION:
In case a request for legal assistance has been received from the Flag
state, the Police force in the area where the pollution occurred institutes
a criminal investigation. Preferably the Police force and the MSA co-operate
in this investigation.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE SENT - WHEN CORRECT AND COMPLETE - THE ORIGINAL DOSSIER TO:
a. Department of Transport/MSA
or to:
b. Council of the Public Prosecutor entrusted with pollution cases, when a criminal investigation was also instituted;
and:
informs Department of Transport/MSA.
6a. DEPARTMENT OF TRANSPORT / MSA (case 5a):
- Forwards dossier through Ministry of Foreign affairs to the Flag state.
- Informs Central Office
- Informs Central Office about results achieved by the Flag State.
6b. CENTRAL OFFICE (case 5 b):
Forward dossier to Public Prosecutor entrusted with marine pollution
cases who transfers the same through the Ministry of Justice and Ministry of
Foreign Affairs to the requesting Administration.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
9. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 3
SHIP FOREIGN FLAG
(Dutch observer)
Discharge: a. OUTSIDE Netherlands territorial waters,
b. UNKNOWN port of destination, or
c. KNOWN port of destination without FOCAL POINT.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
- Response authorities,
- Marine Surveyors Authorities. A message about the pollution is place in the "Mailbox" of PSC with a request to report arrival of the vessel in port and to hold a detailed technical inspection and forward the findings to the Central Office. (After three weeks the message is automatically removed from the mailbox). As soon as the port of destination is known the Central Office will inform the MSA.
- Ministry of Environment (if requested).
- Special assigned co-ordinator maritime pollution. He consults with the Public Prosecutor and may inform the Flag State in order to invite a request for legal assistance and setting up a criminal investigation.
3. CRIMINAL INVESTIGATION:
In case a request for legal assistance has been received from the Flag state,
the Police force in the area where the pollution occurred institutes a
criminal investigation. Preferably the Police force and the MSA co-operate in
this investigation.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE SENDS - WHEN CORRECT AND COMPLETE - THE ORIGINAL DOSSIER TO:
a. Department of Transport/MSA
or to:
b. Council of the Public Prosecutor entrusted with pollution cases, when a
criminal investigation was also instituted;
and:
informs Department of Transport/MSA.
6a. DEPARTMENT OF TRANSPORT / MSA (case 5a):
6b. CENTRAL OFFICE (case 5 b):
Forward dossier to Public Prosecutor entrusted with marine pollution cases who transfers the same through the Ministry of Justice and Ministry of Foreign Affairs to the requesting Administration.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an obliged annual report to IMO.
8. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
9. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 4
SHIP FOREIGN FLAG
Discharge: a. INSIDE Netherlands territorial waters,
b. KNOWN Dutch port of destination.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
3. INSPECTION IN PORT OF DESTINATION:
Note: MSA and Police in port of destination are likely to combine efforts. They consult with the Public Prosecutor with regard to summary execution and with response authorities to estimate the recovery costs and the seriousness of the pollution.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE SENDS:
-
when correct and complete - the original procès-verbal to the Public
Prosecutor entrusted with marine pollution cases.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 5
SHIP FOREIGN FLAG
Discharge: a. INSIDE Netherlands territorial waters,
b. KNOWN port of destination in other Port state with Focal Point.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
Coastal Police force in the area where the pollution occurred (in charge of investigation and takes or co-ordinates sample taking).
Response authorities.
(if this focal point is not a 24-hours centre, one can contact the focal point of the Bonn Agreement/Helsinki Convention/Barcelona Convention, with the request to pass the message on to the MOU-PSC focal point)
3. (CRIMINAL) INVESTIGATION:
Police force (2a) or the Central Office consults without
delay with the Public Prosecutor entrusted with marine pollution cases about
the desirability and possibility of instituting investigations on board the
suspected vessel at high sea (inspection at sea; seize the ship; request for
legal assistance; consult the owner). In all cases the Central Office will
involve MSA (inspection on board) and the response authority (assessing the
pollution and estimate the costs) in the consultation.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE SENDS:
- when correct and complete - the original process-verbal to the Public
Prosecutor entrusted with marine pollution cases.
6. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 6
SHIP FOREIGN FLAG
Discharge: a. INSIDE Netherlands territorial waters,1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
Police force in the area where the pollution occurred (in charge of investigation and takes or co-ordinates sample taking and will immediately be informed when port state or port of destination is known).
Response authorities,
Marine Surveyors Authorities. A message about the pollution is place in the "Mailbox" of PSC with a request to report arrival of the vessel in port and to hold a detailed technical inspection and forward the findings to the Central Office. (After three weeks the message is automatically removed from the mailbox). As soon as the port of destination is known the Central Office will inform the MSA.
Ministry of Environment (if requested).
Special assigned co-ordinator maritime pollution. He consults with the Public Prosecutor entrusted with marine pollution cases with regard to request for legal assistance to the Flag state and further Police actions).
3. (CRIMINAL) INVESTIGATION:
Police force (2a) or the Central Office consults without delay with the Public
Prosecutor entrusted with marine pollution cases about the desirability and
possibility of instituting investigations on board the suspected vessel at
high sea (inspection at sea; seize the ship; request for legal assistance;
consult the owner). In all cases the Central Office will involve MSA
(inspection on board) and the response authority (assessing the pollution and
estimate the costs) in the consultation.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE:
when correct and complete - the original process-verbal to the Public
Prosecutor entrusted with marine pollution cases.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 7
SHIP DUTCH FLAG
Discharge: a. REGARDLESS OF POSITION AT SEA;
b. DETECTED and/or OBSERVED by Dutch observer,
c. KNOWN Dutch port of destination.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
3. INSPECTION IN PORT OF DESTINATION:
Note: MSA and Police in port of destination are likely to combine efforts.
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE:
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 8
SHIP DUTCH FLAG
Discharge: a. REGARDLESS OF POSITION AT SEA;
b. DETECTED and/or OBSERVED by Dutch observer,
c. KNOWN port of destination in other Port state.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
Coast Guard-, Police- and Navy vessels/aircraft report information in compliance with 11 points in Standard Marine Pollution Report.
Coast Guard Centre takes reporters of the public through the 11 points of the Standard Marine Pollution Report.
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
5. CENTRAL OFFICE:
Sends - when correct and complete - the original process-verbal to the
Council of the Public Prosecutor entrusted with pollution cases.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 9
SHIP DUTCH FLAG
Discharge: a. REGARDLESS OF POSITION AT SEA;
b. DETECTED and/or OBSERVED by foreign observer,
c. KNOWN Dutch port of destination.
1a. REPORT IS RECEIVED AT THE OFFICE OF THE MSA, FROM PARTY TO THE MARPOL CONVENTION:
MSA forwards files for follow-up to the Central Office for the Public Prosecutors entrusted with marine affairs.
when the ship has not yet arrived, to the police force in the port of destination with a request to institute an investigation on arrival, orà
1b. REPORT IS DIRECTLY RECEIVED BY COAST GUARD CENTRE (e.g. from other Focal Point, observation crew of another country or by a person of the public):
à Police force in the port of destination (in charge of investigation)
à Response authorities,
à Marine Surveyors Authorities,
à Special assigned co-ordinator maritime pollution.
2a. (CRIMINAL) INVESTIGATION IN PORT OF DESTINATION:
Note: MSA and Police in port of destination are likely to combine efforts. Bear in mind to consult with Public Prosecutor entrusted with maritime affairs for possible request for legal assistance at foreign reporting authority.
2b. (CRIMINAL INVESTIGATION BY POLICE IN PORT OF REGISTRATION:
Central Office sends all files to the Police in the Port of registration if the ship has already left the port of destination. Police is in charge of the criminal investigation and consults with the Public Prosecutor (note: investigation at the office of the shipowner; interrogate discharged crew; request for legal assistance; criminal investigation on board on return of the vessel in Dutch port).
3. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR.
4. CENTRAL OFFICE:
Sends - when correct and complete - the original process-verbal to the
Council of the Public Prosecutor entrusted with pollution cases.
5. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
6. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
7. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 10
SHIP DUTCH FLAG
Discharge: a. REGARDLESS OF POSITION AT SEA;
b. DETECTED and/or OBSERVED by foreign observer,
c. Port of destination OUTSIDE the Netherlands.
1a. REPORT IS RECEIVED AT THE OFFICE OF THE MSA, FROM PARTY TO THE MARPOL CONVENTION:
1b. REPORT IS DIRECTLY RECEIVED BY COAST GUARD CENTRE (e.g. from other Focal Point, observation crew of another country or by a person of the public):
2. CENTRAL OFFICE CONSULTS:à Response authorities,
à Marine Surveyors Authorities,
à Special assigned co-ordinator maritime pollution.
3. IF IT IS DECIDED TO INSTITUTE A CRIMINAL INVESTIGATION:
Central Office sends all files to the Police in the
Port of registration if the ship has already left the port of
destination. Police is in charge of the criminal investigation and consults
with the Public Prosecutor (note: investigation at the office of the
shipowner; interrogate discharged crew; request for legal assistance;
criminal investigation on board on return of the vessel in Dutch port).
5. CENTRAL OFFICE:
Sends - when correct and complete - the original process-verbal to the
Council of the Public Prosecutor entrusted with maritime pollution cases.
6. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
7. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 11
UNIDENTIFIED POLLUTER
Discharge: a. INSIDE Netherlands territorial waters,
or
b. WITHIN the boundaries of the Netherlands part of the Continental
shelf.
c. IDENTITY of the polluter is not known.
1. COAST GUARD CENTRE COLLECTS INFORMATION IN STANDARD MARINE POLLUTION REPORT.
Coast Guard-, Police- and Navy vessels/aircraft report information in compliance with 11 points in Standard Marine Pollution Report.
Coast Guard Centre takes reporters of the public through the 11 points of the Standard Marine Pollution Report.
Takes required steps in compliance with special procedures for Legal Investigation Team North Sea Pollution (LITNP).
2. COAST GUARD CENTRE PASSES INFORMATION OF THE SMPR ON TO:
- Coastal Police force in the area where the pollution occurred (in charge of investigation and takes or co-ordinates sample taking).
- Official in charge of the LITNP
- Response authorities,
- Marine Surveyors Authorities.
- Special assigned co-ordinator maritime pollution. He consults with the Public Prosecutor and may inform the Flag State in order to invite a request for legal assistance and setting up a criminal investigation.
3. (CRIMINAL) INVESTIGATION:
It is important that the official in charge of the LITNP as soon as possible gathers information to identify possible polluters. Therefore the first action necessary is to collect samples at the position of the pollution, analyse the samples in order identify the details of the pollution. These details form the basis for a message that can be placed in the "mailbox" of MOU-PSC with a request to Parties to the MOU for extra attention to arriving vessels and report suspected vessels to the Coast Guard Centre. Similar information and request will be forwarded to Focal Points of Bonn Agreement Parties, Helsinki Convention Parties and Parties to the Barcelona Convention. Similar tracks can be followed through INTERPOL.
It is obvious that the effort stressed also depends on the seriousness of the pollution.
PROCEDURE 12
SHIP DUTCH FLAG
SITUATION: FLAG STATE CONTROL INSPECTION
Marine Surveyor Authorities determine during:
a. regular inspection on board, or
b. annual check on dispatched oil- and/or cargo records (administrative check)
that a discharge at sea might have taken place.
1a. REGULAR INSPECTION ON BOARD:
MSA executes an extensive technical inspection on board the suspected
vessel.
1b. ADMINISTRATIVE CHECK OF OIL AND/OR CARGO RECORDS:
2. FINDING AN OFFENCE:
a. as a result of inspection mentioned under 1a:
Police and MSA co-operate in an investigation.
b. as a result of check mentioned under 1b:
MSA informs the Central Office by forwarding al relevant documents.
3. CENTRAL OFFICE:
4. CRIMINAL INVESTIGATION
a. as a result of inspection mentioned under 1a:
- Police institutes a criminal investigation on board the suspected
vessel,
- MSA executes an extensive technical inspection on board
b. as a result of check mentioned under 1b:
- Starting-point is that the Police concentrates the criminal
investigation on the shipowner,
- Police involves MSA as experts in the investigation,
- If the Public Prosecutor so decides an investigation will be instituted
on board the suspected vessel, in which case Police and MSA will join
effort.
5. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE
6. CENTRAL OFFICE:
Sends - when correct and complete - the original
process-verbal to the Council of the Public Prosecutor entrusted with
maritime pollution cases
and:
informs Department of Transport, MSA and Police.
7. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 13
SHIP DUTCH FLAG
PORT STATE CONTROL INSPECTION
(foreign port)
SITUATION: Foreign MSA determines during port state control inspection that a ship sailing the Dutch Flag has discharged in contravention of the MARPOL-regulations.
1. FOREIGN AUTHORITY SENDS REPORT ON FINDINGS (STATEMENT) TO PORT STATE CONTROL AUTHORITIES IN THE NETHERLANDS (MSA).
2. MSA SENDS ORIGINAL STATEMENT TO THE CENTRAL OFFICE FOR THE PUBLIC PROSECUTOR.
3. CENTRAL OFFICE:
CRIMINAL INVESTIGATION:
5. MARINE SURVEYOR AUTHORITY:
6. POLICE SENDS PROCESS-VERBAL TO THE CENTRAL OFFICE:
7. CENTRAL OFFICE: Sends - when correct and complete - the original
process-verbal to the Council of the Public Prosecutor entrusted with
maritime pollution cases
and:
informs Department of Transport, MSA and Police.
8. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
9. DEPARTMENT OF TRANSPORT:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
10. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 14
SHIP FOREIGN FLAG
PORT STATE CONTROL INSPECTION
(Dutch port)
SITUATION: Dutch MSA determines during port state control inspection that a ship sailing a foreign Flag has discharged in contravention of the MARPOL-regulations.
1. INSPECTION IN PORT.
a. Dutch MSA performs an extensive technical inspection on board the
suspected vessel.
b. Dutch MSA reports findings to Central Office for the Public Prosecutor.
c. Police force in port of call institutes a criminal investigation.
2. CENTRAL OFFICE:
a. Checks the documents and opens/labels a file;
b. Consults with Public Prosecutor entrusted with maritime affairs
with regard to invite Flag State to request for legal assistance;
3. RESULT OF INVESTIGATION:
If it is evident that the vessel has discharged:
a. OUTSIDE Dutch territorial waters investigation follows
PROCEDURE 1, point 3;
b. INSIDE Dutch territorial waters investigation follows PROCEDURE 4,
point 3
PROCEDURE 15
SHIP FOREIGN FLAG
FOCAL POINT IN A COUNTRY REPORTS DISCHARGE TO FOCAL POINT IN THE NETHERLANDS
Discharge: a. Discharge within the zone of jurisdiction of the state of the
reporting Focal Point
b. KNOWN Dutch port of destination
2. COAST GUARD CENTRE (= Netherlands Focal Point) PASSES INFORMATION ON:
3. CENTRAL OFFICE FOR THE PUBLIC PROSECUTOR:
INVESTIGATION IN PORT OF CALL:
4. ALL OFFICIALS INVOLVED FORWARD THEIR REPORT ON FINDINGS (STATEMENTS OR PROCES-VERBAL) TO THE CENTRAL OFFICE OR THE PUBLIC PROSECUTOR:
5. CENTRAL OFFICE:
Sends - when correct and complete - the original dossier to:
a. Focal Point requesting the investigation;
or to:
Council of the Public Prosecutor entrusted with maritime affairs, when
it concerns a criminal investigation due to a request for legal
assistance that was invited at the Flag state. The Public Prosecutor
will transfer - through Ministry of Justice and Ministry of Foreign
Affairs - the dossier to the requesting Administration;
and
informs the Department of Transport/MSA on this.
6. DEPARTMENT OF TRANSPORT/MSA:
Reports alleged violations and follow-up in case of prosecution in an
obliged annual report to IMO.
7. CENTRAL OFFICE INFORM OFFICIALS INVOLVED ABOUT THE PROGRESS AND FINAL RESULT.
8. CENTRAL OFFICE CLOSES THE DOSSIER.
PROCEDURE 16
CALL ATTENTION TO SHIP
(Report by Dutch authority)
SITUATION: The authority tasked with investigation or inspection finds a vessel intending to leave a Dutch port while there are clear indications that goods ¬ on board are likely to be discharged or dumped at sea.
1. COMPETENT AUTHORITY:
Reports relevant information, preferably by using the 11 points in the Standard Marine Pollution Report without delay to the Coast Guard Centre.
At all events, one has to report:
a. Identity of the ship.
b. Port of destination.
c. Type of goods involved.
d. Brief description of the goods and the grounds for suspicion. (photographs or video)
2. COAST GUARD CENTRE:
a. Passes relevant information (using SMPR) on to:
- Focal Point at the Port of destination with a request for inspection to find out whether the goods identified are still on board and to report the results of the inspection.
- Central Office to the Public Prosecutor.
b. Informs Central Office about the results of the inspection in the port of call.
3. CENTRAL OFFICE TO THE PUBLIC PROSECUTOR:
a. Checks the documents and opens a dossier.
b. Informs the reporting authority and the MSA about the result of the inspection in the port of call.
c. Further action is taken, depending on result of inspection, in concert with MSA, Police in last port of call, reporting authority and (if required) the Public Prosecutor.
4. RESULT OF INVESTIGATION:
a. Ship has not discharged or dumped goods:
à no action
b. Ship has discharged or dumped the goods:
à investigations continues according point 5, given hereunder.
5. FOLLOW-UP ON (CRIMINAL) INVESTIGATION:
a. It concerns a ship sailing the Dutch Flag;
à investigation according PROCEDURE 13, point 3
b. It concerns a ship sailing a Foreign Flag,
discharged / dumped INSIDE Dutch territorial waters
à investigation according PROCEDURE 5, point 3
discharged / dumped OUTSIDE Dutch territorial waters
à investigation according PROCEDURE 2, point 3
¬ Goods comprise all - packed or not - substances which, based on any article of the law or regulation of a Convention, are not allowed to be discharged or dumped at sea.
PROCEDURE 17
CALL ATTENTION TO SHIP
(Report by Foreign authority)
SITUATION: The authority tasked with investigation or inspection finds a vessel intending to leave one of their ports, bound for a Dutch port, while there are clear indications that goods ¬ on board are likely to be discharged or dumped at sea.
1. COMPETENT AUTHORITY:
Reports relevant information, but in any event (as appears to be good practice) following details without delay to the Coast Guard Centre.
a. Identity of the ship.
b. Port of destination.
c. Type of goods involved.
d. Brief description of the goods and the grounds for suspicion.
2. COAST GUARD CENTRE:
Passes relevant information (using SMPR) on to:
a. Police force in port of call,
b. Marine Surveyors Authority,
c. Central Office to the Public Prosecutor.
3. INVESTIGATION IN PORT OF CALL:
Police in port of call (2a) and MSA jointly institute an investigation and by mutual arrangement. Taking into consideration the swift action required, a combined investigation is not always possible. However, in all event the starting point will be:
a. MSA to perform an extensive and detailed technical inspection on board and
b. The Police force in the port of call to institute a criminal investigation.
4. CENTRAL OFFICE TO THE PUBLIC PROSECUTOR:
a. Checks the documents and opens a dossier.
b. Consults with MSA, Police force in port of call, reporting (foreign) authority and (if necessary) the Public Prosecutor entrusted with maritime cases on the ways the investigation will be instituted.
5. RESULT OF INVESTIGATION:
a. Ship has goods still on board; no discharge or dumping of goods:
à no action
b. Goods are not on board; suspected of discharge or dumping the goods:
à investigations continue according point 6, given hereunder.
6. FOLLOW-UP ON (CRIMINAL) INVESTIGATION:
a. It concerns a ship sailing the Dutch Flag;
à investigation according PROCEDURE 12, point 1a
b. It concerns a ship sailing a Foreign Flag,
discharged / dumped INSIDE Dutch territorial waters
à investigation according PROCEDURE 4, point 3
discharged / dumped OUTSIDE Dutch territorial waters
à investigation according PROCEDURE 1, point 3
¬ Goods comprise all - packed or not - substances which, based on any article of the law or regulation of a Convention, are not allowed to be discharged or dumped at sea.
| Back to Manual Table of Contents |
|
© Copyright Bonn Agreement 2000 - All rights Reserved. |
|