In daylight and favourable weather conditions, the authorities often receive reports from various sources, such as commercial aircraft, helicopters, yachtsmen or other vessels, concerning possible discharges by ships. Most of the reports lack information, despite the effort from the receiving operator who would normally ask to obtain additional information. Special aircraft equipped with remote sensing instruments operated by professionals provide expert evidence on suspected polluters.

The information in the first report of a possible discharge, including details of the suspected polluter, should be confirmed by officials. Observers on board the remote sensing aircraft should preferably have the authority to draft an Official Report (procès-verbal) or Statement on their findings.

The contents of the official report and/or (witness) Statement has to be in compliance with national legislation. Evidence in writing may be corroborated by supporting imagery by sensors, photographs or video camera. Data annotation integrated in the images provides clear information on date, time and location.

Further evidence to be considered could be constituted by samples taken from the sea surface and from the tanks of the suspected polluter. The Bonn Agreement countries have strict procedures for collecting, handling and analysing samples.

Additional evidence can be obtained based on the results of the investigation on board the suspected vessel. The authority responsible for gathering/assessing evidence should decide if a legal investigation is appropriate, and if so, when to involve the police. Police or other competent personnel may need to interview suspects, take statements and liaise with the prosecutors. As regards international cooperation between a coastal state (with a ship found polluting in its maritime area) and a port state (state with the next port of call of suspect ship), several quick and efficient procedures for cooperation can be followed. A general administrative and technical inspection on board of the suspect ship can be requested via the network of the Memorandum of Understanding on Port State Control. However, the coastal state can also rapidly put a request for legal aid to the Port State police authorities (via Interpol) resulting in a more extended, judicial investigation, including e.g. a directed and detailed ship inspection and a cross-hearing.

An example of procedures used at a national level is given in section 5.3.

The authority responsible for gathering and distributing evidence in order to initiate prosecution should be well aware of the requirements of the national prosecution procedures. In cases where the evidence is to be forwarded to another country the requirements of this country should be considered, including the necessity to identify the suspect in person.

A reporting authority should endeavour to submit all documents and annexes in the same language and it is preferable to present the statement in the language of the receiving administration. A description of the sensors used and an interpretation of the imagery is recommended. Additionally, an analysis report of any samples taken should be clearly explained. Information on sensors is available in the Manual: Oil Pollution at Sea, securing evidence on discharges from ships.

The possible content of a dossier is given hereafter.

Pollution of the marine environment attracts not only the attention of professional enforcers. The public regularly observes pollution by oil and sometimes even witnesses discharges. Captains of ships and contractors on offshore installations are obliged to report any accident whereby harmful substances are leaking or discharged into the sea. Such a report will be forwarded to the nearest coastal station.

In the Netherlands procedures have been developed and are used to deal with these reports and to streamline the follow-up (Standard Format Marine Pollution Report).

The basis for the report of a pollution or polluter is the Bonn Agreement format "Pollution Observation report on Polluters and Combatable Spills". Professionals are familiar with the items in this format. The receiving station (coastguard) will, by asking the questions, collect as much information as possible from the reporting person.

Reports may concern various types of pollution such as oil, drums, garbage, large numbers of dead fish, birds and others.

The receiving station, in the Netherlands this is the Coast Guard Coordination Center, informs relevant authorities to follow-up. All information is forwarded to the Central Office acting as the secretariat to the Public Prosecutor. This Central Office is located at the Coast Guard Center. The officials in this Office are responsible for the completion of the case file , and are considered to be important links in the chain of detection towards prosecution.

Table 5 and Figure 1 give an overview of the procedures which are detailed in the Annex.

* the flag of the vessel, the coastal state and the observer are of the same nationality.

The advantages of establishing one central office – as applied in some countries – are numerous. They include continuity and streamlining of the legal process, safeguarding quality of evidence e.g. the correct legal base, building experience. In addition it enhances national and international co-operation through communication and feedback.

Countries aiming to achieve more efficient and effective prosecution of offenders could adopt some of the following measures where national legislation allows:

• to establish a small corps of public prosecutors specialised in dealing with marine pollution;
• to establish an investigation office which registers, administrates, collects and distributes all relevant documents;
• to adopt standard procedures by all relevant authorities;
• to train professional observers making observations and writing official statements;
• to appoint a central co-ordinator to ensure co-operation between national authorities involved in the investigation of marine pollution incidents. The co-ordinator could also liaise with other observers such as military aircrew, platform operators.

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