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Addressing Illegal Discharges in the Marine Environment

Discharges at sea have been strictly regulated European Maritime Safety Agency (EMSA) has issued a document entitled as ''Addressing Illegal Discharges in the Marine Environment'' to support authorities involved in the enforcement chain addressingillegal pollution (e.g. surveillance operators, inspectors and investigators, Port State Control Officers,law enforcement officials). The document has been structured in two parts as follows:Part 1 provides background information for developing a general understanding of ship-source pollution in the marine environment. It is assumed that readers will not necessarily have extensive experience in the maritime sector, and information is presented accordingly.Part 2 givesa step-by-step overview from the initial indication of a possible pollution offence onwards, to support authorities in identifying the most effective actions depending on the particularities of the case and the national context.Since Directive 2005/35/EC onship-source pollution and on the introduction of penalties,includingcriminal penalties, for pollution offences was adopted, progress has been made by Member Statesin addressing illegal discharges in the marine environment.The Directive refers to MARPOL and it explains that its objective is to provide for the criminalisation of MARPOL violations relating to pollution discharges but it also acknowledges most of MARPOL exceptions providing for situations when a discharge is not to be prosecuted. In ...

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