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In accordance with the decision of the Parliament:
The purpose of this law is to prevent pollution from the normal operation of ships by prohibiting the release of harmful substances into water and air or by limiting emissions from such areas. The purpose of the law is also to organise the reception of waste from ships' usual activities in ports.
This law lays down provisions for the national implementation of the international obligations of Finland for the prevention of pollution of the environment arising from the normal operation of ships and of the provisions of the European Community. Provisions for the prevention of pollution of the environment arising from the normal operation of ships.
For the purposes of this law:
(1) MARPOL 73/78 Convention The Protocol of 1978 to the 1973 International Convention for the Prevention of Pollution from Ships (SopS 51/1983) and subsequent amendments thereto;
(2) The Helsinki Agreement The 1992 Convention on the Protection of the Marine Environment of the Baltic Sea Area (SopS 2/2000) and subsequent amendments thereto;
(3) The OLAS Convention The 1974 International Convention on the Safety of Life at Sea (SopS 11/1981) and subsequent amendments thereto;
(4) AFS Convention The International Convention on the limitation of anti-fouling systems for ships in London on 5 October 2001 and subsequent amendments thereto;
(5) Tbt Regulation Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships;
(6) In territorial waters, internal waters And the territorial sea On the territorial limits of Finnish territorial waters (243/1956) Defined areas;
(7) In inland waters Lakes, rivers and canals;
(8) In the Finnish waters Territorial waters and inland waters;
(9) The exclusive economic zone On the Finnish Economic Zone Act (1058/2004) A defined Marine Region;
(10) Baltic Sea Region The Baltic Sea, the North Sea and the Gulf of Finland, and the Baltic entry route, with the width of Skagen at 57 ° 44,8 ' P Skagerrak, including the territorial waters declared by the States;
(11) On the nearest land The external border of internal territorial waters or the areas defined in the MARPOL 73/78 Convention;
(12) International transport Traffic between ports in Finland and abroad or between ports abroad, as well as a sea voyage from the port of Finland outside the territorial waters of Finland, with the exception of traffic within the meaning of paragraph 13;
(13) Domestic services Traffic between Finnish ports; domestic services are treated as traffic through the Saimaa Canal and the directly related Russian waters to the Viipur, as well as transport between Greenwich and Viborg;
(14) On board For each watercraft, including canine vessels, airbag vessels, submersible vessels and floating vessels and fixed or floating platforms;
(15) On an oil tanker A vessel whose cargo spaces have been constructed or modified mainly for the transport of oil as bulk carriers, including composite vessels and chemical tankers where they carry oil as bulk carriers;
16) On a chemical tanker A vessel whose cargo spaces have been constructed or modified mainly for the transport of a liquid liquid substance, including bulk carriers, including oil tankers when carrying a harmful liquid substance in bulk;
(17) On a passenger ship From a ship that is allowed to carry more than 12 passengers, in which case the passenger shall mean any person other than the master of the vessel and the crew members or any other person employed in any capacity on board or on the ship's behalf; Persons and children under one year of age;
(18) On a pleasure boat A ship intended for sport or leisure, irrespective of its type or its power of use;
19) Fishing vessel A ship equipped or commercially used for catching fish or other living resources of the sea;
20) Inland waterway vessel Vessel intended specifically for use in inland waterways, as defined in Council Directive 82/714/EEC of Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels, Inland navigation certificate as defined in that Directive;
21) On board a military or border patrol vessel A vessel with clear nationality identifiers, which is in the relevant service list or in the command of a person duly appointed by the Defence Forces or the Border Guard;
22) Gross tonnage The tonnage determined in accordance with the formula set out in Annex I to the International Convention for the Measurement of Ships in 1969 (SopS 31/1982);
23) Ship-waste Any waste generated from the normal operation of the vessel, including oil-related waste from the engine room, toilet waste water and solid waste; however, cargo waste is not considered as a ship waste;
24) Harmful substance Oil, harmful liquid material, toilet waste water and solid waste; if a harmful substance is mixed with a non-harmful substance, the mixture of these substances shall also be considered as a harmful substance;
25) Cargo residues The cargo residue in the cargo compartment of the vessel which is required to be removed from the vessel at the end of the landing of the cargo;
26) Emission In accordance with Article 2 of the MARPOL 73/78 Convention, all discharges of harmful substances from the ship, whether or not they have been detected, by disposal, as a result of leakage, by pumping or emptying; emissions shall not: Sea waste from land falling within the meaning of the law ( Dumping ), substances resulting from the exploitation of minerals in the sea, and the release of noxious substances in the context of legal scientific research to reduce pollution or control;
27) Environmental pollution The state of the aquatic environment, damage to human health, the life of living resources and aquatic areas, obstacles to the use of fisheries or other legitimate waters, degradation of water use, comfort Reduction or other similar harm, or from the normal use of air quality or climate-related ships, such as engine exhaust nitrogen and sulphur, or ozone depleting The harm caused by substances;
28) With oil Mineral oil in all its forms, including crude oil, fuel oil, oil slick, oil waste and processed products;
29) With an oily mixture Of a mixture containing oil;
30) With a liquid substance A substance with a steam pressure at a temperature of 37.8 ° C not exceeding 0.28 megapascals ( Absolute pressure );
31) With a harmful liquid substance A substance classified as Category X, Y and Z of the list of chemicals in MARPOL 73/78;
32) Substance The elements and their chemical compounds, as they occur naturally or industrially produced;
33) Preparation Mixtures of two or more substances;
34) Fermented sewage treatment
(a) waste water and other waste from toilets, pisoids and toilet floor wells;
(b) effluents from washing tanks, baths and floor wells in medical facilities;
(c) nothingness from holdings with live animals; and
(d) other waste waters which have been mixed with the previous ones;
(35) Treated with treated toilet water Fermented sewage treatment that has been properly treated in an approved treatment plant;
36) With solid waste Any type of food and household waste and other similar waste, with the exception of fresh fish and parts thereof, which is produced during the normal operation of the vessel and which is continuously or periodically removed from the ship;
37) Air polluting substances Annex VI to MARPOL 73/78, for the prevention of pollution, regulated substances which have adverse effects on air, water and other environment;
38) Fuel, Fuel oils used in main engines and auxiliary engines;
39) Placing on the market The supply of marine fuels for distribution or to fuel users or for the use of such fuels for consideration or free of charge, for use on board vessels in the areas under the jurisdiction of Finland, , however, the supply or use of marine fuels for export in containers of ships;
40) With fuel used for maritime transport Liquid fuel derived from crude oil, intended for use or used on board, including fuels specified in ISO 8217;
41) In marine diesel oil, Marine fuel, which is in accordance with DMB quality as defined in Table I of ISO 8217, with the exception of the reference to the sulphur content; (28.11.2012)
L to 19/2014 The amended paragraph 41 shall enter into force at the time of the Regulation. The previous wording reads:
41) For maritime transport Diesel oil, Marine fuel with a viscosity or density in accordance with the viscosity or density of DMB and DMC in accordance with Table 1 of Table 1;
42) In the case of marine gas oil Marine fuel that is in accordance with DMX, DMA and DMZ, as defined in Table I of ISO 8217, with the exception of the reference to the sulphur content; (28.11.2012)
L to 19/2014 The amended paragraph 42 shall enter into force at the time of the Regulation. The previous wording reads:
42) In the case of marine gas oil Marine fuel with a viscosity or density in accordance with the viscosity or density of DMX and DMA according to standard ISO 8217, Table 1;
(43) On SOx Emission Control Area Marine areas defined by the IMO as surveillance zones in accordance with Annex VI to MARPOL 73/78;
44. On board the dock, A vessel, duly affixed or anchored in a Finnish port, when loading or unloading, or waiting at the port;
45) Emission abatement method Equipment, material, equipment or equipment, or any other procedure, alternative fuel or compliance method used as an alternative to Annex VI to MARPOL 73/78; Amending Council Directive 1999 /32/EC as regards the requirements of Directive 2012/33/EU of the European Parliament and of the Council on the sulphur content of marine fuels Fuel and which can be verified and quantified; And compliance with which can be monitored; (28.11.2012)
L to 19/2014 The amended paragraph 45 shall enter into force at the time of the Regulation. The previous wording reads:
45) With emission reduction technologies A exhaust gas cleaning system or any other technical method that is feasible and verifiable or verifiable;
46) Anti-fouling system Coating, paint, surface treatment, surface or device used on board to reduce or prevent the presence of undesirable organisms on the surface;
47 ) VTS authority In the shipping service (1920/2005) Within the meaning of the Transport Agency, which maintains the vessel traffic service;
48) Regular services, The frequent operation of the vessel between ports designated in accordance with the scheduled or pre-established route and at least once every two weeks in a Finnish port along the route to which it is sought; The derogation for the drop-off;
49) In the port A place or a geographical area with a bearing in such a way that it may principally receive vessels, including fishing vessels and recreational craft, without any place or territory whose structures and services are intended to: The quantities of users and waste are limited;
50) Port keeper In charge of the organisation of the various activities of the port, or charges for the use of a port charge or a general charge on the port.
This law shall apply to a vessel flying the waters of Finland or in the exclusive economic zone. Derogations from the application of the law in inland waters and domestic transport are set out below.
This law is also applicable to Finnish vessels outside the Finnish waters and the eez.
This law shall apply to the reception of waste from the normal operation of ships. After the ship from the normal operation of the ship has been transferred from the ship to shore, the waste law shall apply to these wastes (166/2011) . (17/06/2015)
This law shall not apply to the release of the harmful substance referred to in Article 2 (3) (b) (ii) of MARPOL 73/78, directly resulting from the exploration, exploitation and related From outside the coast.
This law shall apply to the vessels of the armed forces and the border guards, subject to the specific nature of their structure or operation.
However, this law, without exception, applies to the ships of the armed forces and border guards, which are regularly used in general transport to carry passengers or cargo.
Without prejudice to this law, the legal status of a vessel or warship under international agreements shall be governed by international agreements.
The release of harmful substances and pollutants from the ship to water or air shall be prohibited, as provided for in this law or pursuant to it or provided for in the acts of the European Community.
If harmful substances with different emission standards are mixed together, the strictest emission standards shall be observed.
The permanent link with the prevention of environmental pollution from floating platforms equipped with ashore is subject to environmental protection law. (177/2014) And the Waste Act. (27/06/2015)
A floating platform with permanent links to the shore shall mean a vessel intended for residential, catering, recreation or work, with a permanent character of a permanent nature. Connection to the shore, such as water management, sewerage, electric cable or fixed passageway, and a permanently anchored floating platform for recreation.
The discharge of oil or oily mixture into water is prohibited in Finnish waters and in the exclusive economic zone and from the Finnish vessel, including outside the territorial waters and the exclusive economic zone of Finland, as set out in Annex I to MARPOL 73/78; The Helsinki Agreement or other international obligations of Finland shall be laid down or laid down in the acts of the European Community.
In addition to the provisions of paragraph 1, the oil-rich mixture shall not be discharged from the engine room of the vessel through the bilge water filtration system in the inland waterway or in the territorial waters of Finland, extending from the nearest four nautical miles to the nearest Land.
The oil spill shall not be added to water, chemicals or other substances in order to circumvent emission limits.
Paragraph 1 shall not apply to the discharge of an oil or oily mixture in water if:
(1) access is necessary to ensure the safety of the ship or to save the life of a person;
(2) the supply of oil to the water is caused by damage to the ship or its equipment and all reasonable measures have been taken following damage; or
(3) the issue of release into the water of oil-rich substances which are used to reduce the damage caused by pollution and the authority concerned has decided on the use of the substance in each individual case.
Paragraph 1 (2) does not apply to cases where the ship-master or master of the ship has been intending to cause damage or has acted negligently in the knowledge that the damage is likely to follow.
The equipment, structures and arrangements necessary to ensure the prevention of oil pollution by a vessel with a gross tonnage of 400 gross tonnage shall comply with the requirements of Annex I to MARPOL 73/78. The Agency may, on written application, grant derogations from the requirements laid down in this paragraph, provided that the equipment, arrangement or structure complies with the requirements of Annex I to MARPOL 73/78.
A Finnish vessel with a length of at least 24 metres in length and less than 400 gross tonnage shall be either a container intended for the collection of bilge water or a model approved by the Transport Safety Agency, which shall ensure that: The oil content of the effluent without dilution does not exceed 15 parts per million.
Subject to the conditions set out in Annex I to MARPOL 73/78, the Finnish Transport Safety Agency may decide on the equivalence of another device, structure or arrangement with the equipment required under paragraphs 1 and 2, if it is as effective as in paragraphs 1 and 2 Required equipment, structure or arrangement.
The transport of oil in the forward canisters of a Finnish vessel collision bulkhead is prohibited.
The structure and equipment of the oil tanker shall meet the requirements set out in Annex I to MARPOL 73/78 and the double hull or equivalent design requirements for single-hull oil tankers Regulation (EC) No 417/2002 of the European Parliament and of the Council on accelerated phasing-in and repealing Council Regulation (EC) No 2978/94, with subsequent amendments.
The Transport Safety Agency may provide for equivalence and shall grant derogations from the written application for the requirements referred to in paragraph 1 as laid down in Annex I to MARPOL 73/78.
A Finnish oil tanker with a gross tonnage of 150 gross tonnage and another Finnish vessel with a gross tonnage of 400 gross tonnage shall be approved by the Transport Safety Agency in accordance with Annex I to MARPOL 73/78 A contingency plan for the oil spill.
In an oil tanker with a gross tonnage of 150 gross tonnage or more under his control or under his control, the oil logbook shall be kept.
In addition to the provisions of paragraph 1, an oil tanker with a gross tonnage of 150 gross tonnage or more on a ship with a gross tonnage of 400 or more under the master or under his control, shall: An oil logbook for machinery spaces.
The Transport Safety Agency shall confirm the oil journal formula in accordance with Annex I to MARPOL 73/78. In accordance with Annex I to MARPOL 73/78, the Transport Safety Agency shall draw up an oil logbook for oil tankers of less than 150 gross tonnage.
The Transport Safety Agency and, when the vessel is in a foreign port, the foreign authority concerned shall have the right to inspect the oil logbook and to obtain, on request, the extract certified by the master of the vessel. The measures taken by the Transport Safety Agency pursuant to this paragraph shall be carried out as quickly as possible without causing undue delay to the ship.
The oil journal shall be kept in a place where it is readily available for inspection and must be kept for three years from the date of the last entry.
An oil tanker with a gross tonnage of 150 gross tonnage and a gross tonnage of 150 gross tonnage and upwards of 400 gross tonnage shall meet Annex I of the MARPOL 73/78 Convention Structure and equipment regulations. An international certification certificate for the prevention of pollution by oil ( Iopp Certificate ).
The Finnish Transport Safety Agency shall, on written request, submit a Finnish vessel IOPP certificate in accordance with the formula set out in Annex I to MARPOL 73/78, provided that the vessel complies with the requirements of Annex I to MARPOL 73/78. The Transport Safety Agency may issue a foreign vessel IOPP certificate at the request of the flag State of the vessel. The certificate shall be issued for a fixed period and not more than five years at a time.
An oil tanker operating in an inland waterway area shall be prohibited to carry:
(1) heavy fuel oil in glass containers; and
2) any oil at the bottom of the ship or in the glass containers that are adjacent to the outer wall.
Solid and floating platforms, as referred to in Annex I to MARPOL 73/78, which operate in the exploration, exploitation and non-coastal handling of mineral resources in the seabed, and Other platforms shall apply:
1) Article 6 (2) of Chapter 1 on the mixing of noxious substances;
(2) Articles 1 to 4 of this Chapter on oil emissions and their prevention; and
(3) the provisions of Article 6 (2) to (4) of this Chapter on the oil logbook for machinery spaces.
The decree of the Council of State may lay down detailed provisions for the implementation of the MARPOL 73/78 Convention, the Helsinki Agreement and the other international obligations of Finland and of other European Community acts in Finland's territorial waters; and In the exclusive economic zone and, for Finnish vessels, also outside the territorial waters and the exclusive economic zone of Finland, for the treatment, characteristics and origin of an oily mixture, and any emission restrictions associated with the use of the vessel, drilling platform or other chassis.
For the purpose of implementing the provisions of Annex I to the MARPOL 73/78 Convention or of the Helsinki Agreement or of the European Community, the Transport Safety Agency may adopt technical regulations in Finland's territorial waters and the exclusive economic zone as well as for Finnish vessels. Also outside the territorial waters and exclusive economic zone of Finland:
(1) in Articles 3 and 4, derogations from the requirements for ships, platforms and other platforms, as well as for models for the treatment of oil content in the effluent of the effluent, and for fluid transfusion;
(2) the content and structure of the contingency plan referred to in Article 5;
3) the formula for the oil logbook referred to in Article 6; and
4. The formula of the iopp certificate referred to in Article 7.
The more detailed provisions referred to in paragraph 1 and the technical provisions referred to in paragraph 2 may also be extended to vessels flying the inland waterway and domestic road.
A penalty fee shall be imposed for an infringement of the prohibition on the emission of oil or oily mixtures in territorial waters or in the exclusive economic zone of Finland referred to in Chapter 2, Section 1 Oil emissions premium) , unless the emission is considered to be limited in quantity and effect. However, an infringement of an emissions ban from a foreign vessel in transit in the eez of Finland shall only be subject to an oil charge if the emission is caused to the Finnish coastline or to the benefits associated with it or to the territorial sea of Finland, or Significant damage or risk to natural resources in the eez.
The oil charge shall be imposed on a natural or legal person who, at the time of the infringement, is the owner or master of the vessel ( The payment obligation ). The oil charge shall not be imposed on the owner of the vessel if this proves to be a ship-owner who has used the ship instead of the owner.
In the shipbuilding company, the ship-masters are jointly and severally liable for the oil levy.
The provisions of this Chapter shall not apply to the vessels of the police, customs, armed forces and border guards. (28.11.2012)
L to 19/2014 The amended paragraph 4 shall enter into force at the time of the Regulation. The previous wording reads:
The provisions of this Chapter shall not apply to the vessels of the police, customs, armed forces and border guards.
The amount of the oil charge shall be determined on the basis of the amount of the emission and the gross tonnage of the vessel in accordance with the schedule of payments annexed to the law.
The charge may be waived or reduced if the payment is required to prove that the imposition of a charge would be an emergency or an accident which does not qualify for exemption from Article 2 (2) of Chapter 2, or any other Manifestly unreasonable.
The oil charge shall not be imposed on the person who has been legally convicted of the oil spill in question.
The Member State of destination of the oil levy shall, upon application, withdraw the payment if, at a later stage, the penalty for an oil discharge is punishable by the same oil spill.
The amount of the oil charge will be determined by the border guard. In the Border Guard, it will be decided by the Coast Guard Commander, Deputy Commander or Chief of Maritime Affairs.
The oil charge shall be charged to the State.
In order to determine the amount of the oil discharge, the necessary measures may be taken to establish the necessary measures as laid down in this Chapter and Articles 11 to 13 of Chapter 12. (26.11.2010/1005)
The Border Guard may also stop the ship under the conditions laid down in Sections 11 and 12 of Chapter 12, if it is justified in order to safeguard the payment claim. A decision to stop a decision may be taken on a reasoned basis before a decision is made. The extension of the ship's journey may be made conditional on a sufficient financial guarantee for the border guard to fulfil any obligation to pay. The security of the security shall be valid for the deposit of money, values, securities or documents in the form of payment or exemption from other obligations under the law on performance (19,1931) Provides. The security shall be returned to the provider when the conditions for its holding no longer exist. (26.11.2010/1005)
The decision to stop and the decision to lodge a security shall be complied with in spite of the appeal. If a security has been lodged for the payment of an oil discharge or if there are no further grounds for stopping the vessel, the detention order shall immediately be cancelled. The decision to stop the vessel shall be valid for a maximum period of 14 days from the date of the decision.
The conditions laid down for the continuation of the voyage of a foreign vessel shall be promptly notified to the flag State of the vessel.
Before a payment decision is made available to the owner of the vessel or to the ship's ship, it shall be provided with an adequate explanation of the quality of the case within a sufficient time limit.
If, by the way, the purpose of the decision referred to in Article 6 (2) may be jeopardised, the case may be settled without the party concerned.
The master of the vessel shall represent an obligation to pay an oil pollution charge.
The authority shall provide the border guards with the necessary administrative assistance for the purpose of carrying out an oil charge charge, to which it is competent.
If the disclosure of information does not interfere with the investigation of the matter, the investigating authority shall have (18/09/1999) Without prejudice to the confidentiality rules, the right to release to the border guards the information that has been raised in the preliminary investigation of an illegal oil spill which may be relevant for the determination of the oil emission charge for the same oil spill.
The person liable shall have the right to appeal against the decision on the oil pollution charge and the decision referred to in Article 6 (2) by appeal to the Law of the Law of the Helsinki District Court.
The law of the sea shall be quorum Article 21 of Chapter 21 (674/1994) In the composition referred to in paragraph 3.
The appeal shall be made in writing within 30 days of notification of the notice of appeal to the debtor. The statement of appeal shall be forwarded to the Border Guard.
The Border Guard shall immediately forward the appeal to the Office of the Helsinki District Court and include copies of the file and its own statement. Documents to be submitted to the District Court shall indicate when the appeal has arrived.
The appeal shall be initiated in the area of the Law of the Sea when the documents referred to in paragraph 2 arrive at the Office of the Court. The court shall promptly inform the appellant and the border guards of the time and place of the hearing and the consequences of the appellant's absence.
If the appellant has sent a letter of appeal directly to the competent court within the prescribed period, he shall not lose his power of speech.
On the basis of the complaint and the rest of the investigation, the sea law shall examine whether the conditions for the imposition of an oil discharge have been met. The proceedings in question shall apply mutatis mutandis to the proceedings in the criminal proceedings.
In the context of the case of the Law of the Sea, the corps of border guards must establish the necessary conditions justifying the imposition of a levy on oil. The law of the sea shall ensure that the matter is properly dealt with.
The decision maker or the official representing him shall be present in the area of the law on the law of the sea. The complainant has the right to be present in the law of the sea. The case may be investigated and resolved, despite the absence of the complainant, if:
(1) the Law of the Sea does not consider the individual consultation of the complainant to be necessary; and
(2) The complainant has been invited to the Law of the Sea, at the risk of investigating and resolving the complaint despite the absence of the complainant.
An amendment to the Law of the Sea shall be sought by the Court of Appeal, as provided for in the Court of Justice. The decision of the Court of Justice on the detention of the vessel and the lodging of a security shall not be subject to appeal.
The court of appeal and the appeal to the Supreme Court shall apply mutatis mutandis, as set out in Chapters 26 and 30 of the Court of Justice. In the context of the appeal, the Court of Appeal shall provide the border guards with an opportunity to be heard as a result of the appeal and, if necessary, to provide an explanation.
In order to maintain the integrity of the case-law, the Border Guard has the right to appeal against the decision of the Law of the Sea and the Court of Appeal under this law if the Law of the Sea or Court of Appeal has amended or repealed the decision of the Border Guard.
The oil charge shall not be imposed after three years of emissions.
The payment decision shall be implemented after it has become final.
The oil charge shall be paid within 30 days of notification of the decision.
In the case of an oil premium which has not been due for payment, which has not been executed no later than the maturity date, interest on late payment shall be charged to the interest (633/1982) According to the interest rate referred to in paragraph 1.
The implementation of the decision on the oil levy shall be carried out by the Court of Justice.
The Border Guard and the Court of Justice shall inform the Centre of Justice of their decision. The Justice Register Centre shall also be informed of the decision to reduce the charge for the oil discharge or the removal of the fee.
In accordance with Regulation 6 of Annex II to MARPOL 73/78, the transport of noxious liquid substances in Classes X, Y or Z shall be subject to the provisions of that Annex.
If the liquid substance does not belong to Class X, Y or Z, the substance is assessed in accordance with the Annex II to assess the procedures applicable to its transport.
In an individual case, the Transport Safety Agency may, on a written request, grant an exemption for the classification of a harmful liquid substance when the substance is transported in domestic transport, provided that: Would lead to undue hardship or excessive costs and would be unwarranted in relation to the risk of damage to the environment.
The release of a harmful liquid substance into the water is prohibited in Finnish waters and in the exclusive economic zone and from the Finnish vessel, including outside Finnish territorial waters and the economic zone, as set out in Annex II to MARPOL 73/78, The Helsinki Agreement or other international obligations of Finland shall be laid down or laid down in the acts of the European Community.
The discharge of a harmful liquid substance and a mixture containing it into the water from a Finnish vessel in Antarctica is prohibited.
Paragraph 2 shall not apply to the discharge of a harmful liquid substance in water if:
(1) access is necessary to ensure the safety of the ship or to save the life of a person;
(2) the damage to the water of the harmful liquid substance is caused by damage to the ship or its equipment and all reasonable measures have been taken after the damage has occurred; or
(3) the issue is the discharge of noxious liquid substances which are used in order to reduce the damage caused by pollution and the authority concerned has decided on the use of the substance in each individual case.
Paragraph 1 (2) does not apply to cases where the ship-master or master of the ship has been intending to cause damage or has acted negligently in the knowledge that the damage is likely to follow.
A chemical tanker carrying harmful liquid substances falling within the categories X, Y or Z referred to in Article 1 shall meet the requirements of Annex II to MARPOL 73/78 Annex II.
The performance tests for pumping and plumbing arrangements for chemical tankers shall be approved by the Transport Safety Agency as specified in Annex II to MARPOL 73/78.
The Transport Safety Agency may grant exemptions from the requirements referred to in paragraph 1 and shall provide for derogations from the requirements referred to in paragraph 1, as set out in Annex II to MARPOL 73/78.
A chemical tanker with a gross tonnage of 150 gross tonnage shall have a contingency plan for marine environmental damage caused by a harmful liquid, as specified in Annex II to MARPOL 73/78.
The plan referred to in paragraph 1 may be combined with the contingency plan for the oil spill referred to in Article 5 of Chapter 2 for the event of marine environmental damage caused by the ship.
The Agency shall adopt the contingency plans referred to in paragraphs 1 and 2.
Under the master of the chemical tanker or under his supervision, other officers shall keep a code of conduct for the discharge and washing of the ship as specified in Annex II to MARPOL 73/78.
The Finnish Transport Safety Agency shall, on written application, adopt the ship's Code of Conduct, provided that it meets the requirements of Annex II to MARPOL 73/78.
Under the master of the chemical tanker or under his supervision, any other officer shall keep a log record of the load measures and the damage in the discharge of the cargo, as defined in MARPOL 73/78, II The Annex provides.
The Transport Safety Agency and, where the vessel is in a foreign port, the foreign authority concerned shall have the right to inspect the cargo logbook and to obtain, at the request of the master, the hold certified by the master. The measures taken by the Transport Safety Agency pursuant to this paragraph shall be carried out as quickly as possible without causing undue delay to the ship.
The invoice log shall be kept in a place where it is readily available for inspection and shall be kept for three years from the date of the last entry.
The Transport Safety Agency confirms the formula for the manifest.
The chemical tanker shall have a certificate stating that the ship complies with the International Maritime Organisation's rules on the maritime transport of hazardous chemicals ( IBC Code ) Or the irrm transport code of chemicals ( BCH Code ) Requirements.
The chemical tanker shall have a certificate stating that the vessel meets all requirements of the International Maritime Organisation (International Maritime Organisation) Code 3, with the exception of the location of the glass container, with the exception of MARPOL Annex II to the 73/78 Convention provides.
The Finnish Transport Safety Agency shall, on written application, issue a certificate referred to in paragraphs 1 or 2, provided that the vessel meets the requirements of Annex II. The Finnish Transport Safety Agency may also issue a certificate to a foreign vessel at the request of its flag State. The certificate shall be issued for a fixed period and not more than five years at a time.
The master of the chemical tanker shall be responsible for the removal of the harmful liquid substance, the cleaning of the containers and the plumbing, the cleaning of the washing water, and the entry into the cargo logbook of MARPOL 73/78 Annex II and the Helsinki Agreement In accordance with the provisions.
In ports where liquid substances are loaded or landed, inspectors authorised by the Traffic Safety Agency shall verify that loading and unloading of different categories of cargo, washing of tanks and pipelines of vessels, The entries in the logbook and other similar measures shall be taken in accordance with this Act and the provisions adopted pursuant to it and Annex II to MARPOL 73/78 and the Helsinki Agreement. The vessel shall bear the costs of the inspection.
The ship's agent shall inform the Transport Safety Agency of the discharge of harmful liquid substances in category X or Y in the port. The notification shall be made in good time and, if possible, at least 48 hours before the intended dismantling.
The provisions of Annex II to MARPOL 73/78 shall apply to pre-wash and windscreen ventilation. The Agency may provide exemptions from the prospectus and provisions for the wind-up of the cargo residues in accordance with the Annex II.
The decree of the Council of State may lay down detailed provisions for the implementation of the MARPOL 73/78 Convention, the Helsinki Agreement and the other international obligations of Finland and of other European Community acts in Finland's territorial waters; and In the exclusive economic zone and also for Finnish vessels outside the territorial waters and the exclusive economic zone of Finland:
(1) the classification of noxious liquid substances as referred to in Article 1;
2) and the emission limits referred to in Articles 2 and 9 as regards the landing, pre-loading requirements, the effluent, the control of the tank, the winding-up of the cargo spaces and drainage conditions; and
3) the structural requirements for chemical tankers referred to in Article 4.
For the purposes of implementing the MARPOL 73/78 Convention, the Helsinki Agreement or the acts of the European Community, the Transport Safety Agency may adopt technical regulations in Finland's territorial waters and exclusive economic zone as well as for Finnish vessels. Also outside the territorial waters and exclusive economic zone of Finland:
(1) exemptions, exemptions and equivalents referred to in Article 4;
2) the contingency plan referred to in Article 5;
(3) the Code of Conduct referred to in Article 6;
(4) the logbook referred to in Article 7; and
5) of the certificates referred to in Article 8.
The provisions referred to in paragraph 1 and the technical provisions referred to in paragraph 2 may also be extended to vessels flying inland waterways and domestic voyage.
The discharge of untreated and treated fermented sewage into water is prohibited in Finnish waters and in the exclusive economic zone and in Finnish vessels outside the territorial waters and the exclusive economic zone of Finland, including MARPOL 73/78 -the provisions of Annex IV to the Convention, the Helsinki Agreement or other international obligations which are binding on Finland are laid down or laid down in European Community acts.
Paragraph 1 shall not apply to the discharge of waste water in water if:
(1) a discharge is necessary to ensure the safety of the ship or the safety of the ship, or to save a life; or
(2) the discharge of fermented sewage is caused by the damage to the ship or its equipment and to all reasonable precautions to prevent or reduce access to water before and after damage.
A vessel with a gross tonnage of 400 gross tonnage or more than 15 persons shall meet the requirements of Annex IV to MARPOL 73/78.
A Finnish vessel equipped with a passage which does not fulfil the conditions of paragraph 1 and is not a recreational craft shall comply with the requirements of Annex IV to MARPOL 73/78.
A recreational craft equipped with a fermented boat shall be equipped with fermentation systems for fermented sewage in accordance with the provisions of Annex 5 to Annex 5 to the Helsinki Agreement, in such a way that the ship must be operated by a fermentation tank or a fermentation waste water. Processing equipment which complies with the MARPOL 73/78 Convention. The watercourse of the recreational craft shall be connected to the collection tank of fermented sewage or to the sewage treatment plant.
A vessel in international transport with a gross tonnage of 400 gross tonnage or more than 15 gross tonnage shall meet the requirements of Annex IV to MARPOL 73/78. An international certificate for the prevention of pollution from fermented sewage is attested to the ship ( ISPP Certificate ).
The Finnish Transport Safety Agency shall, on written request, submit a Finnish vessel ISPP certificate in accordance with the formula set out in Annex IV to MARPOL 73/78, provided that the vessel meets the requirements of the Annex IV to the Convention. The Transport Safety Agency may issue an ISPP certificate of a foreign vessel at the request of the flag State of the vessel. The certificate shall be issued for a fixed period and not more than five years at a time.
Subject to the conditions set out in Annex IV to the Helsinki Agreement, the Finnish Transport Safety Agency may, under the conditions set out in the Annex to the Helsinki Agreement, grant an exemption from the prohibition or restriction of untreated fermented sewage into water and access to fermentation systems Declaration of conformity in the Finnish waters if the derogation is not contrary to Finland's international obligations or acts of the European Community and the importance of the derogation is limited to the protection of water.
In addition to the conditions referred to in paragraph 1, the granting of the derogation shall be conditional on:
1) a recreational craft or other vessel with a gross tonnage of less than 400 gross tonnage or less than 15 passengers;
2) the ship was constructed before 1 January 2000; and
(3) The installation of equipment for compliance with the emission ban is technically difficult or the installation costs are disproportionate to the value of the vessel.
The Transport Safety Agency shall send the information referred to in this section to the Baltic Sea Protection Commission.
The decree of the Council of State may lay down detailed provisions for the implementation of the MARPOL 73/78 Convention, the Helsinki Agreement and the other international obligations of Finland and of other European Community acts in Finland's territorial waters; and In the exclusive economic zone and also for Finnish vessels outside the territorial waters and the exclusive economic zone of Finland:
(1) the ban on the discharge of the waste water referred to in Article 1 and the emission limit;
(2) what type of toilet waste water is considered to be treated as referred to in Article 1;
3) the requirements for ships and recreational craft referred to in Articles 3 and 4; and
4) derogations from the prohibition on emissions referred to in Article 6.
The more specific provisions referred to in paragraph 1 may be extended to include vessels flying inland waterways and domestic voyants.
The removal of solid waste from the ship to water is prohibited in the Finnish waters and in the exclusive economic zone and from the Finnish vessel also outside the territorial waters and the exclusive economic zone of Finland, as set out in Annex V to MARPOL 73/78, Helsinki Or other international obligations which are binding on Finland shall be laid down or laid down in European Community acts.
Withdrawal of solid waste from a Finnish vessel or a fixed and floating platform used for the exploration, exploitation and associated coastal activities of mineral resources, shall: Shall be prohibited, as laid down in Annex V to MARPOL 73/78, in the Helsinki Agreement or in other international obligations which are binding on Finland or as laid down in European Community acts.
The Traffic Safety Agency may, in accordance with Annex V of MARPOL 73/78, be type-approved of fine solid waste equipment which may be used to comply with the less stringent requirements of Annex V to the MARPOL 73/78 Convention. Provisions on the disposal of solid waste water.
Paragraph 1 shall not apply to the disposal of solid waste in water if:
(1) removal is necessary to ensure the safety of the ship or the safety of the ship or to save the life of a person;
(2) the removal of solid waste in water is caused by the damage to the ship or its equipment, provided that all reasonable precautions have been taken to prevent or reduce access to water before and after the damage; or
(3) The removal of solid waste water is due to the accidental loss of synthetic fish nets, if all reasonable precautions have been taken to prevent the disappearance of fish nets.
A ship with a length of at least 12 metres in length shall be displayed in a prominent place within the meaning of Annex V of the MARPOL 73/78 Convention to ensure that the ship complies with the solid waste treatment required by Regulation V (3) and (5) Requirements. The sign shall be drawn up in the working language of the vessel and on international voyages, in English, French or Spanish.
A ship with a gross tonnage of 400 gross tonnage and a ship registered to carry at least 15 persons shall have a waste management plan in the working language of the vessel referred to in Annex V to MARPOL 73/78. Waste management. The crew must follow the ship's waste management plan.
On a foreign ship in an international carriage on a Finnish ship and in a port of Finland with a gross tonnage of 400 or more, or registered to carry at least 15 persons, whether or not fixed or floating The ship, under the master of the vessel or under his supervision, shall keep a waste logbook belonging to other officers.
The waste journal shall be kept in a place where it is readily available for inspection and must be kept for two years from the date of the last entry.
The Transport Safety Agency and, where the vessel is in a foreign port, the foreign authority concerned shall have the right to inspect the waste logbook and to obtain, at the request of the ship's master, the extract certified by the master. The measures taken by the Transport Safety Agency pursuant to this paragraph shall be carried out as quickly as possible without causing undue delay to the ship.
The Transport Safety Agency shall adopt a waste logbook formula in accordance with Annex V to MARPOL 73/78.
In accordance with Annex V to MARPOL 73/78, the Finnish Transport Safety Agency may, in an individual case, grant an exemption from the written application for keeping the ship's waste logbook.
The decree of the Council of State may, in order to implement the provisions of Annex V to MARPOL 73/78, the Helsinki Agreement and the other international obligations of Finland and the provisions of the European Community, be adopted in accordance with the provisions of Annex V to the MARPOL 73/78 Convention. In the exclusive economic zone and, in the case of Finnish vessels, also outside the territorial waters and the exclusive economic zone of Finland, and the removal restriction referred to in Article 1.
The Transport Safety Agency may, in order to implement the provisions of Annex V to MARPOL 73/78, the Helsinki Agreement, or the provisions of the European Community, provide technical regulations for Finnish territorial waters and the exclusive economic zone and for Finnish vessels. Also outside the territorial waters and exclusive economic zone of Finland:
(1) type-approval of fine equipment necessary to comply with the limit for the removal of solid waste as referred to in Article 1; and
2) the formula for the ship's waste logbook referred to in Article 5.
The more detailed provisions referred to in paragraph 1 and the technical provisions referred to in paragraph 2 may also be extended to vessels flying the inland waterway and domestic road.
The release of pollutants from ships shall be prohibited in the Finnish waters and in the exclusive economic zone and in Finnish vessels outside the territorial waters and the exclusive economic zone of Finland, as set out in Annex VI to MARPOL 73/78, Helsinki Or other international obligations which are binding on Finland shall be laid down or laid down in European Community acts.
In accordance with Article 15, the release of volatile organic compounds from oil and chemical tankers may be banned or restricted in the port of Finland in accordance with Annex VI of the MARPOL 73/78 Convention or Finland Other international obligations or acts of the European Community.
The restrictions and prohibitions on ozone-depleting substances used in the vessel shall be laid down in the Environmental Protection Act and the provisions and provisions adopted pursuant thereto, except as provided for in European Community acts.
The emission prohibitions and emission limits provided for in this Chapter shall not apply to:
(1) emissions necessary to ensure the safety of the ship or to save human life;
(2) emissions from damage to the ship or its equipment, if any reasonable measures to prevent or reduce the emission of the ship have been taken after the injury or emission has been detected, or the ship master or ship The chief has caused injury intentionally or negligently, knowing that the damage is likely to follow.
L to 19/2014 Article 4 shall enter into force at the time of the Regulation. The previous wording reads:
The emission prohibitions and emission limits provided for in this Chapter shall not apply to:
(1) measures necessary to ensure the safety of the ship or to save human life;
(2) emissions from damage to the ship or its equipment, if any reasonable measures to prevent or reduce emissions have been taken after the damage has been done, and the ship-master or the master of the ship has not caused any Intentionally or negligently, knowing that the damage would be likely to follow.
The diesel engine of the vessel and its exhaust purification equipment and purification methods shall comply with the requirements of European Community legislation. If the diesel engine power exceeds 130 kilowatts, purification devices and purification methods shall also comply with the requirements of Annex VI to MARPOL 73/78.
Subject to their compliance with MARPOL 73/78, the Finnish Transport Safety Agency or the approved classification society approved by it shall, on written application, approve the Finnish ship's diesel engine and exhaust purification equipment and purification methods. -the requirements of the Annex to the Convention.
The Finnish Transport Safety Agency may provide for equivalence based on the effectiveness of a particular device, substance, instrument or apparatus and, in an individual case, grant derogations in the form of MARPOL 73/78 VI The Annex provides for and provides for European Community acts.
An international transport vessel with a gross tonnage of 400 gross tonnage shall have a certificate of prevention of air pollution ( IAPP certificate ) that the vessel complies with the provisions of Annex VI to MARPOL 73/78.
The Finnish Transport Safety Agency shall, on written application, comply with the formula of the Annex VI of the Finnish vessel IAPP certificate MARPOL 73/78, provided that the vessel meets the requirements of the Annex to the Convention. The Transport Safety Agency may issue a foreign vessel IAPP certificate at the request of the flag State of the vessel. The certificate shall be issued for a fixed period and not more than five years at a time.
The fuels used on board must comply with the requirements laid down in Annex VI to the MARPOL 73/78 Convention and European Union regulations.
However, the requirements referred to in paragraph 1 shall not apply to fuels intended for research and testing purposes or to fuels used on board, using the means referred to in Article 9a The emission abatement method which meets the requirements of Annex VI to MARPOL 73/78 and European Union acts.
Where a ship has not been able to obtain marine fuel that meets the requirements under paragraph 1, the master of the vessel or the master of the vessel shall inform the competent authority of the flag State of the vessel, and The competent authority of the port of destination. For Finnish vessels and Finnish ports, the competent authority is the Transport Safety Agency.
The European Commission and the International Maritime Organisation shall inform the European Commission and the International Maritime Organisation of cases in which a vessel arriving in a Finnish port has provided evidence that maritime transport meeting the requirements under paragraph 1 The fuel used has not been available.
L to 19/2014 Article 7 shall enter into force at the time of the Regulation. The previous wording reads:
The fuels used on board must comply with the requirements laid down in Annex VI to the MARPOL 73/78 Convention and European Community legislation.
However, the requirements referred to in paragraph 1 shall not apply to fuels intended for research and testing purposes and to fuels used on board vessels using an approved purification system or other An approved technical method that meets the requirements of Annex VI to MARPOL 73/78.
Conformity of marine fuels shall be determined using methods which must comply with the provisions of Annex VI of the MARPOL 73/78 Convention, the Helsinki Agreement, the European Community acts and the other international obligations of Finland. Requirements set out in obligations.
An international transport vessel with a gross tonnage of 400 gross tonnage shall be accompanied by a fuel supplier certificate in accordance with Annex VI to the MARPOL 73/78 Convention, accompanied by a fuel sample. The certificate and sample shall be retained on board in accordance with Annex VI to MARPOL 73/78.
The fuel operations shall be entered in the ship's logbook and the oil logbook in accordance with Annex VI to the MARPOL 73/78 Convention and European Union acts.
L to 19/2014 Article 9 shall enter into force at the time of the regulation. The previous wording reads:
A vessel with a gross tonnage of 400 or more shall be accompanied by a fuel supplier certificate in accordance with Annex VI to the MARPOL 73/78 Convention, accompanied by a fuel sample. The certificate and sample shall be retained on board in accordance with Annex VI to MARPOL 73/78.
On the other hand, instead of fuel that meets the requirements of Article 7 (1), the vessel may use the emission abatement method which allows the total and continuous reduction of the sulphur dioxide emissions of the vessel to at least equivalent levels as: Would be if a fuel meeting the requirements of Article 7 (1) was used.
The emission reduction methods to be used on a Finnish vessel shall be adopted in accordance with the European Parliament and Council Directive amending Council Directive 1999 /32/EC as regards the sulphur content of marine fuels Directive 2012 /33/EU.
L to 19/2014 Article 9a shall enter into force at the date specified by the Regulation.
The experimental use of the new emission abatement method must meet the requirements of Annex VI to MARPOL 73/78 and European Union legislation.
Subject to the fulfilment of the requirements referred to in paragraph 1, the Finnish Transport Safety Agency shall grant a written application for a pilot application. The authorisation may be granted for up to 18 months.
The results of the trials shall be submitted to the Transport Safety Agency, which will place them in a general place within six months of the end of the trial period.
L to 19/2014 Article 10, as amended, shall enter into force at the time of the Regulation. The previous wording reads:
The experimental use of new emission abatement technology must meet the requirements of Annex VI to MARPOL 73/78 and European Community legislation.
Subject to the fulfilment of the requirements referred to in paragraph 1, the Finnish Transport Safety Agency shall grant a written application for a pilot application. The authorisation may be granted for up to 18 months.
The results of the trials shall be submitted to the Transport Safety Agency, which will place them in a general place within six months of the end of the trial period.
The incineration of waste generated from the normal operation of the vessel shall be prohibited in Finnish waters.
The incineration of waste from conventional vessels in the Finnish economic zone and Finnish vessels outside the Finnish economic zone is permitted only in the waste incinerators. The Annex VI of the MARPOL 73/78 Convention and European Community acts provide for substances whose combustion is prohibited in the Finnish exclusive economic zone and in Finnish vessels outside the Finnish economic zone.
The ship's incinerator shall meet the requirements of Annex VI to MARPOL 73/78.
In accordance with Annex VI of the MARPOL 73/78 Convention, and in accordance with European Union acts, the supplier of marine fuel to a ship in international transport shall issue a fuel transfer certificate, accompanied by a sealed container A fuel sample signed by the representative of the receiving vessel. The marine fuel supplier shall keep a copy of the fuel delivery certificate for at least three years from the date of issue of the certificate.
L to 19/2014 Article 11a shall enter into force at the time laid down by the Regulation.
Customs control compliance with the sulphur content of marine fuels to be supplied to the ship from Finland by taking representative quantities of samples from fuel storage and distribution stations, analysing samples and reporting results. Transport Safety Agency.
In accordance with Annex VI to the MARPOL 73/78 Convention and in accordance with European Union regulations, the Transport Safety Agency shall monitor compliance with the requirements for fuels used in ships.
L to 19/2014 Article 12 shall enter into force at the time of the Regulation. The previous wording reads:
The customs service shall monitor compliance with the sulphur content requirements of marine fuels to be delivered to the ship from Finland by taking representative quantities of samples from fuel storage and distribution stations, by analysing samples and reporting: Results for the Finnish Environment Agency.
The Transport Safety Agency shall monitor compliance with the requirements for fuels used in ships.
Manufacturers, vendors and importers of marine fuels have an obligation to provide information on the volume and quality of marine fuels placed on the market in Finland, such as MARPOL 73/78 -provided for in the Annex to the Convention and European Union acts.
The Transport Safety Agency maintains a publicly available register of local suppliers of marine fuels.
The Transport Safety Agency shall report to the European Commission and the International Maritime Organisation on marine fuels and shall be responsible for the exchange of information on marine fuels such as MARPOL The provisions of Annex VI of the 73/78 Convention and the acts of the European Union shall lay down.
L to 19/2014 Article 13 shall enter into force at the time of the Regulation. The previous wording reads:
Manufacturers, vendors and importers of marine fuels are obliged to inform the Transport Safety Agency and the Finnish Environment Agency of the quantities and quality of marine fuels placed on the market in Finland. As provided for in Annex VI to MARPOL 73/78 and European Community acts.
The Transport Safety Agency and the Finnish Environment Agency shall report to the Commission, as set out in Annex VI of MARPOL 73/78 and in the acts of the European Communities, for the use of marine fuels.
The Ministry of the Environment may, on a written request, grant a temporary derogation from the fuel quality requirement of this Chapter on the basis of the criteria laid down in the Annex VI to MARPOL 73/78 and those laid down in European Community acts. The derogation shall be valid for a maximum of six months.
The decree of the Council of State may provide for more detailed provisions for the implementation of MARPOL 73/78, Annex VI, the Helsinki Agreement and other international obligations of Finland and of European Union acts in the Finnish waters, and In the exclusive economic zone and also for Finnish vessels outside the territorial waters and the exclusive economic zone of Finland: (28.11.2012)
L to 19/2014 The amended introductory paragraph shall enter into force at the time of the Regulation. The previous wording reads: The Decree of the Council of State may provide for MARPOL 73/78 -the provisions of Annex VI to the Convention, the Helsinki Agreement and the other international obligations of Finland, and of the acts of the European Community, with regard to Finland's waters and the exclusive economic zone as well as for Finnish vessels, Outside Finland's territorial waters and exclusive economic zone:
1) the emission ban and the emission limit referred to in Article 1;
2) the emission ban and the emission limit referred to in Article 2;
(3) emissions from engines for use on board ships referred to in Article 5 and the exhaust purification equipment and purification methods for engines used in engines, and emissions from the use of exhaust gas cleaning devices;
(4) derogations from the conformity of ship engines and exhaust purification equipment and purification methods referred to in Article 5;
(5) the iapp certificate, as referred to in Article 6;
(6) the quality requirements for the fuel used on board ships referred to in Articles 7 to 9, the methods for determining the quality of the fuel, the fuel delivery certificate and its issuing, and the organisation of monitoring and control related thereto;
(6a) the methods of reduction referred to in Article 9a and their adoption; (28.11.2012)
L to 19/2014 Paragraph 6a shall enter into force at the time of the Regulation.
(7) the experimental use of new emission abatement technology as referred to in Article 10;
(8) for the substances referred to in Article 11, the incineration of which is prohibited in the Finnish Economic Zone and the Finnish vessel, even outside the territorial waters and the exclusive economic zone of Finland;
(9) the obligation for the operator, as referred to in Articles 10 and 13, to disclose information on the quantity and quality of the fuel, the sulphur content and the results of the pilot use of emission abatement technologies to the authority provided for in the Regulation, In order to fulfil their obligations; and
(10) More specific criteria for the derogation from the quality of the fuel referred to in Article 14.
In order to implement the MARPOL 73/78 Convention, the Helsinki Agreement or the European Union acts, the Transport Safety Agency may adopt technical regulations in Finland's territorial waters and the exclusive economic zone as well as for Finnish vessels. Also outside the territorial waters and exclusive economic zone of Finland:
(1) the equivalence between the engines referred to in Article 5 (3) and the conformity of the cleaning equipment and purification methods of a particular device, substance, instrument or apparatus;
2) on the indications referred to in Article 9 (2) on the ship's logbook and the logbook.
(28.11.2012)L to 19/2014 (2) shall enter into force at the time of the Regulation. The previous wording reads:
In order to implement the MARPOL 73/78 Convention, the Helsinki Agreement or the European Community acts, the Finnish Transport Safety Agency may adopt technical regulations in Finland's territorial waters and exclusive economic zone as well as for Finnish vessels. In addition to Finland's territorial waters and the exclusive economic zone, for the purposes of Article 5 (3), and of a specific device, substance, instrument or apparatus for the conformity of cleaning equipment and purification methods for exhaust gases Of equivalence based on efficiency.
The more detailed provisions referred to in paragraph 1 and the technical provisions referred to in paragraph 2 may also be extended to vessels flying the inland waterway and domestic road.
The value of the energy efficiency design index for the vessel shall be calculated in accordance with the requirements of the Annex VI to MARPOL 73/78.
The value of the ship's energy efficiency design index shall be in accordance with the requirements of Annex VI to MARPOL 73/78.
L to 19/2014 Article 1 shall enter into force at the time of the Regulation.
An energy efficiency management plan in accordance with Annex VI to MARPOL 73/78 is required for a vessel with a gross tonnage of 400 or more. Seemp Plan ). The plan may be part of the ship's safety management system.
L to 19/2014 Article 2 shall enter into force at the date specified by the Regulation.
An international instrument of energy performance certificates in accordance with Annex VI to MARPOL 73/78 shall be carried on board an international vessel with a gross tonnage of 400 gross tonnage: IEE Certificate ), according to which the vessel complies with the provisions of Annex VI.
On written application, the Finnish Transport Safety Agency shall issue a Finnish vessel IEE certificate provided that the vessel complies with the requirements of Annex VI to MARPOL 73/78. The Transport Safety Agency may issue a foreign vessel IEE certificate at the request of the flag State of the vessel. The certificate shall be issued for a fixed period and not more than five years at a time.
L to 19/2014 Article 3 shall enter into force at the time of the regulation.
The Transport Safety Agency shall decide on exemptions from the energy performance requirements of the ship under Regulation No 19 of Annex VI to MARPOL 73/78.
L to 19/2014 Article 4 shall enter into force at the time of the Regulation.
The decree of the Council of State may provide for more detailed provisions for the implementation of MARPOL 73/78, Annex VI, the Helsinki Agreement and other international obligations of Finland and of European Union acts in the Finnish waters, and In the exclusive economic zone and also for Finnish vessels outside the territorial waters and the exclusive economic zone of Finland:
1. On the organisation of the conformity control index of the ship referred to in Article 1;
2) Exceptions to the energy performance requirements of the ship referred to in Article 4.
In order to implement the MARPOL 73/78 Convention, the Helsinki Agreement or the European Union acts, the Transport Safety Agency may adopt technical regulations in Finland's territorial waters and the exclusive economic zone as well as for Finnish vessels. Also outside the territorial waters and exclusive economic zone of Finland:
(1) for the calculation of the ship's energy-efficiency planning index as referred to in Article 1;
2) the preparation of the seemp Plan;
3) from the IEE Certificate.
L to 19/2014 Article 5 shall enter into force at the time of the Regulation.
L to 19/2014 The addition of Chapter 7a shall enter into force at the time of the Regulation.
On the ban on the use of harmful anti-fouling systems for the protection of the ship in ports or offshore terminals of vessels flying the flag of a Member State of the European Community and of a Member State of the European Community The protection of incoming vessels flying the flag shall be governed by the tbt Regulation.
The use of harmful anti-fouling systems for the protection of the ship in the protection of vessels flying the flag of a party to the AFS Convention is prohibited in inland waters, in Finnish territorial waters and in the exclusive economic zone and in Finnish For ships, including those provided for in the AFS-Convention.
The Finnish Transport Safety Agency receives AFS notifications from the Finnish vessel.
The International Maritime Organisation is responsible for providing the International Maritime Organisation with the information required under the afs Convention. The Finnish Environment Agency shall provide information on anti-fouling systems approved, restricted or prohibited under national law to the Transport Safety Agency.
The port operator shall ensure that the port facilities, which are sufficient to accommodate port vessels, shall be submitted to the port operator for disposal:
1) oil-containing wastes;
2) wastes containing noxious liquid substances;
3) fermentation waste water;
(4) solid wastes;
(5) waste gas treatment waste which is prohibited by Annex VI to MARPOL 73/78; and
6) cargo residues.
In addition, the port of oil shall be equipped with equipment sufficient to accommodate the oil-related ballast and canisters from tankers using such a port.
The collection and use of the reception facilities of the noxious liquid substances referred to in paragraph 1 (2) and the transport and processing of waste and mixtures shall be the responsibility of the importer or other importer of the substance transported. Or exporter or other consignor.
Mainly the port of service for pleasure craft ( Recreational marina ) The obligation of the holder to take on waste from ships concerns a port with at least 50 boaters, or where there are at least 50 places of winter docking and where a charge is levied or any other compensation for the boat. The managing authority of the port facility may agree with another port operator to maintain a common port reception facility, in which case ports are considered to be one port in this respect.
The port operator shall ensure that the port where the ship repairs are carried out ( Repair port ) Is, in addition to the reception facilities provided for in Article 1, sufficient reception facilities to receive ozone depleting substances and equipment containing such substances when they are removed from the ship.
The port of repair shall, where appropriate, be equipped with equipment which is sufficient to accommodate the oily ballast and tank washings from tankers using such a port.
In addition, the managing body of the port of repair shall arrange for adequate reception facilities to be repaired for future chemical tankers.
The port operator shall draw up a port waste management plan for the management of waste from ships referred to in Article 1. The marina may make a joint waste management plan with another port of pleasure, which may cover one or more types of waste.
The measures proposed in the port waste management plan, such as the reception, collection, storage, handling and recovery of waste, shall take into account the size and nature of the port and the types of vessels using the port. In addition, the plan must require that the measures necessary for the implementation of waste management be monitored, the deficiencies identified must be remedied without delay and the waste management measures must be developed continuously.
The port shall follow the waste management plan once it has been approved.
The port waste management plan shall be submitted for approval to the Centre for Business, Transport and the Environment in whose territory the port is located. However, the waste management plan shall be submitted for approval to the environmental protection authority of the municipality in whose territory the marina is located.
The port waste management plan shall be reviewed in the event of a significant change in the quality, quantity or waste management of waste. If it has not been necessary to verify the waste management plan within three years of its adoption, the managing authority of the port shall send a notification to the relevant supervisory authority that the waste management plan is still in force. The Authority's request for a waste management plan shall be reviewed. The request shall indicate the extent to which the waste management plan must be revised.
The port waste management plan shall be approved if the reception and reception facilities of waste meet the requirements of this Chapter and Chapter 10 and the provisions adopted pursuant thereto.
Once the port waste management plan has been approved, the Environmental Protection Information System under the Environmental Protection Act is a major plan for the environmental protection authority of the municipality and the municipality. The port operator shall be sent an extract from the entry in the register.
Before submitting a waste management plan to the port, for approval by the environmental protection authority of the Agency or the municipality, the keeper of the port shall provide for the holders of ships using the port, their representatives and others. To those to whom the waste management plan may have an impact, the opportunity to comment on the port waste management plan or its review. The draft waste management plan shall be displayed at the site of the port operator and in any other appropriate manner for at least 14 days during the operation of the port. The port operator shall notify the users and other parties of the port of the port, using their notice board and on their website, by electronic means, by letter or by other relevant information, In an appropriate manner.
The port operator shall make available to the waste management and representatives of ships using the port the information on the waste management arrangements in the port and on waste management charges, so that all relevant user groups in the port will be informed. Where appropriate, the Centre for Food, Transport and the Environment, or the Environmental Protection Authority of the municipality, may, when approving the port waste management plan, specify the languages in which the information is to be provided to those responsible for the management of ships using the port and their Their representatives.
L to 19/2014 Article 5 shall enter into force at the time of the Regulation. The previous wording reads:
Before presenting a port waste management plan to the Centre for Enterprise, Transport and the Environment for approval, the port operator shall reserve to the holders of ships using the port, their representatives and other entities to which the waste management plan May have an impact, an opportunity to comment on the port waste management plan or its revision. The draft waste management plan shall be displayed at the site of the port operator and in any other appropriate manner for at least 14 days during the operation of the port. It is necessary to inform the users and other parties of the port at the notice board. In addition, the display shall be displayed on the website of the electronic communications sector, by electronic means, by letter or by any other appropriate means to provide information.
The port operator shall make available to representatives of vessels using the port information on the arrangements for the management of waste in the port and on waste management charges, so that all relevant user groups in the port are informed. Where appropriate, the Centre for Food, Transport and the Environment may, when approving the waste management plan for the port, prescribe in which languages the information must be provided to the representatives of the port users.
The reception of waste from ships referred to in Article 1 shall be arranged in such a way that there is no unnecessary delay for the vessels.
Directive 2000 /59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues shall be provided by means of transport, transport and environmental centres, the Transport Safety Agency and ports; Below Directive on ship waste , the Finnish Environment Agency, whose task is to gather the reports to be sent to the Commission of the European Communities.
The decree of the Council of State may lay down more detailed provisions for the implementation of MARPOL 73/78, the Helsinki Agreement and other international obligations of Finland and of European Community acts:
1) the reception facilities for waste referred to in Article 1 in port;
(2) the waste reception facilities referred to in Article 2 in the port of repair; and
3) the structure and content of the port waste management plan referred to in Article 3.
The more detailed provisions adopted pursuant to paragraph 1 may also be extended to vessels flying inland waterways and domestic voyants.
A Finnish vessel entering a port in the Baltic Sea or the European Community and a vessel other than a Finnish vessel entering a port situated in the territory of Finland shall, before leaving the port, leave the port All waste and cargo residues in the reception facilities.
Where there is no reception apparatus in the recreational marina area, waste from a recreational craft shall be left in an appropriate reception facility in other countries, unless such waste can be submitted to the vessel in accordance with this law.
However, the obligation referred to in paragraph 1 shall not apply to the waste:
(1) the small amounts of waste provided for by the Government Decree;
(2) in cases where the non-shipment of waste to a port for an independent reason causes unnecessary delay to the ship; in addition, it is required that the ship has sufficient separate storage facilities for all the voyage and intended journey to the ship; The accumulation of waste and cargo residues during the period; or
(3) fermentation of sewage sludge from vessels in fermented sewage tanks for the next voyage to the next port.
Notwithstanding the provisions laid down in paragraph 3, the Transport Safety Agency may require that the ship be shipped to a port before departure from the port where there are reasonable grounds to believe that the port where the waste is intended to be Provide, do not have appropriate reception facilities or are not known at which port waste is to be delivered, and therefore there is a risk of waste being discharged into the water. (28.11.2012)
L to 19/2014 The amended paragraph 4 shall enter into force at the time of the Regulation. The previous wording reads:
Notwithstanding the provisions laid down in paragraph 3, the Transport Safety Agency may, if necessary, require the ship to be delivered to a port before departure from the port if the following conditions exist:
(1) there is a risk that waste is discharged into the water; and
2) it is reasonable to assume that the port where the waste is to be delivered does not have adequate reception facilities and it is not known to which port waste is to be delivered.
The ship's master shall be responsible for compliance with the obligations laid down in this Chapter and on the basis thereof.
In order to cover the costs of the management of waste, the port operator shall charge a fee for each vessel entering the port, whether or not the ship leaves port waste. The fee shall cover the cost of the management of the following wastes:
1) oil-containing wastes;
(2) solid waste, except cargo waste; and
3) fermented sewage.
In order to cover the costs of the management of waste, the port operator shall also levy a charge on ships carrying cargo residues from port reception facilities in port.
The fees may be included in the port charge levied on vessels. The port shall indicate the amount of the fee and its criteria. The fees may be varied, for example, according to the type of vessel, type of vessel or size class, but the amount of the fees shall not depend on the quantity of waste deposited in the port. A reduction may be granted if equipment, methods or good quality fuel is used on board, enabling the quantity of waste to be disposed of in the countries of the vessel to be less than usual or recoverable.
However, the fee referred to in paragraph 1 shall not be levied on fishing vessels or on recreational craft which may carry up to 12 passengers. Furthermore, the fee shall not be charged to vessels which, pursuant to Article 4 of this Chapter, have been released by the Traffic Safety Agency from the disposal of waste and cargo residues.
The master of a vessel entering a port situated in the territory of Finland or the person authorised to carry out this task shall notify the printer of the ship of waste and of cargo residues. The notification shall be given at least 24 hours before or immediately upon departure from the last port if the journey time is less than 24 hours. If the final entry of the vessel survis less than 24 hours before arrival in this port, the notification shall be provided immediately after the final declaration of arrival is cleared. Data shall be kept on board at least until the following visit and shall be presented to the authorities of the EU Member State upon request.
Paragraph 1 shall not apply to fishing vessels or recreational craft which may carry up to 12 passengers.
The Transport Safety Agency shall monitor the implementation of the Shipwaste Directive by checking notifications and vessels as provided for in the Directive. The port shall ensure that reports on ship waste are made available for control to the Transport Safety Agency. Notifications may be transmitted from the ship to the port and from the port to the Transport Safety Agency using an electronic connection.
The Transport Safety Agency may, on a written request, grant an exemption for ship waste and cargo residues referred to in Article 1 and a derogation from the notification of waste and cargo residues referred to in Article 3, which shall be: Regular services in such a way that it operates repeatedly between ports designated in accordance with a scheduled or fixed route and takes at least once every two weeks in one designated area along the designated route Port. The derogation may also be granted to a ship which, from cruise traffic or other transport, enters the same Finnish port without departing from other ports. The grant of an exemption is conditional on the presence on board a waste management contract with a competent waste management company or a port. A report shall be submitted to the Traffic Safety Agency in a specific manner, in a specified manner, of the fact that the ship is mainly engaged in services under the Waste Management Agreement. The derogation shall be granted for a fixed period and for a maximum period of five years.
The Traffic Safety Agency shall notify the decision to the ports concerned by the decision.
The Agency shall regularly and at least annually inform the Commission of the exemptions granted to the Commission.
The decree of the Council of State may lay down detailed provisions for the implementation of the MARPOL 73/78 Convention, the Helsinki Agreement and the other international obligations of Finland and of European Community acts, in accordance with Article 1 (3) (2). , without leaving waste at the port.
For the purposes of implementing the MARPOL 73/78 Convention, the Helsinki Agreement or the European Community acts, the Finnish Transport Safety Agency may adopt technical provisions on the method of notification of waste referred to in Article 3.
The more specific provisions and technical provisions referred to in paragraphs 1 and 2 may also be extended to vessels flying inland waterways and domestic voyage.
Where oil has been discharged into water or the danger of an oil spill from a ship's run or a mechanical failure, a collision or any other damage to the sea is threatened, the master of the vessel shall inform the person concerned of the oil damage or the risk thereof. To the Marine salvage centre, the sea rescue centre, the emergency centre or the vts. The master of a Finnish vessel shall, outside the Finnish waters or the exclusive economic zone, inform the authority of the nearest coastal State of the damage or threat thereof. In addition, the master of the vessel shall take immediate preventive measures which may reasonably be required of him.
If the master of a Finnish vessel in the territorial waters of Finland or in the eez of Finland detects an amount of oil in the water so large that, in view of the weather and other circumstances, the danger of the oil damage is threatened, he shall declare the The Marine Rescue Centre, the Marine Rescue Centre, the Emergency Centre or the VTS authority, or outside the Finnish waters or the eez, to the authority of the nearest coastal State. If a ship's crew or an officer of the vessel makes an equivalent observation, he shall be obliged to inform the master of the vessel.
However, the master of a vessel does not need to make a notification under paragraph 2 if it is clear that the authorities referred to in paragraph 2 have already received the information.
If, in Finland's waters or in the Finnish exclusive economic zone, a ship is caused by an unlawful substance other than oil to the water, the master of the vessel shall, without delay, inform the relevant marine salvage centre, The Marine Rescue Centre, the Emergency Centre or the VTS authority on matters relating to the ship, its space, its location, its cargo and the quality of the event, and shall take immediate preventive measures which may reasonably be required of him.
The master of a vessel of not less than 15 m shall inform the relevant Marine Rescue Centre, the Marine Rescue Centre, the Emergency Centre or the VTS authority on the matters referred to in paragraph 1, including in situations where there is no emission That's what happened, but there's a chance there's a chance. This applies to cases in which the ship is damaged, the ship's cargo has moved or the machinery or equipment of the vessel has been damaged in a manner which reduces the safety of navigation.
Outside the Finnish waters and the eez of Finland, the master of a Finnish vessel shall notify the authority of the nearest coastal State referred to in paragraphs 1 and 2.
Where the master of the vessel is prevented from providing the notification referred to in this Article, the owner, charterer, operator or operator of the vessel or their agent shall assume responsibility for the reporting obligation of the master.
The decree of the Council of State may provide for more detailed provisions for the implementation of MARPOL 73/78, European Community acts, the Helsinki Agreement or other international obligations of Finland in the territorial waters and the exclusive economic zone. And also for Finnish vessels outside the territorial waters and the exclusive economic zone of Finland:
(1) for the oil spill referred to in Article 1 and the manner in which it is notified; and
2) the emission and risk reporting of any other harmful substance referred to in Article 2.
The more specific provisions referred to in paragraph 1 may be extended to include vessels flying inland waterways and domestic voyants.
The supervisory authorities referred to in this Act are the Finnish Transport Safety Agency, the Finnish Environment Agency, the Centre for Economic Affairs, Transport and the Environment, the Border Guard, Customs and Police. (28.11.2012)
L to 19/2014 (1) shall enter into force at the time of the Regulation. The previous wording reads:
The supervisory authorities referred to in this Act are the Finnish Transport Safety Agency, the Finnish Environment Agency, the Centre for Economic Affairs, Transport and the Environment, the Border Guard, Customs and Police.
The Ministry of Transport and Communications and the Ministry of the Environment are responsible for the general guidance, monitoring and development of activities under this law in its administrative field.
The Transport Safety Agency shall monitor compliance with this Act and the provisions adopted pursuant to it, in so far as the provisions or provisions relate to:
(1) the vessel and its structure and cargo;
(2) the ship's fuel and its quality;
(3) emissions into air and water;
(4) anti-fouling systems for the protection of the ship;
(5) equipment;
6) the use of the vessel;
(7) the certificate and other documents of the vessel;
(8) the obligation to notify the master or crew of the vessel;
(9) the obligation to leave ship waste to port.
In addition, the Traffic Safety Agency shall be subject to any other monitoring of compliance with this law and of the provisions and regulations adopted pursuant to it, unless otherwise provided for in this Act.
The Transport Safety Agency shall be the leading supervisory authority for the control of discharges into water from discharges into water in this law and compliance with the provisions and regulations adopted pursuant to it in inland waters.
The Finnish Environment Agency shall be the leading supervisory authority under the supervision of compliance with the rules and regulations adopted pursuant to this law and under this law in the territorial waters and the exclusive economic zone of Finland.
The Centre for Food, Transport and the Environment shall monitor compliance with this law and the provisions and regulations adopted pursuant to this Act, in so far as the provisions and provisions concern:
1) port waste management planning;
(2) port reception facilities for waste from the ship; and
3) fees for port waste management.
In particular, the control function applies to the ports of merchant shipping which must comply with environmental permits in accordance with the Environmental Protection Act.
In particular, the municipality's environmental protection authority monitors the reception of waste from recreational marina and recreational craft.
The Border Guard shall monitor compliance with this law and the provisions and regulations adopted pursuant to this law concerning discharges into water in Finland's territorial waters and within the exclusive economic zone.
The Border Guard shall be involved in the control of airborne and harmful anti-fouling systems in Finland's territorial waters and in the exclusive economic zone, as provided for in Articles 11 and 12. (28.11.2012)
L to 19/2014 Article 2 (2) shall enter into force at the time of the Regulation.
Customs control compliance with this law on the quality of fuels placed on the market in Finland and the provisions and regulations adopted thereunder.
L to 19/2014 Article 7 shall enter into force at the time of the Regulation. The previous wording reads:
The customs service shall monitor compliance with this law and the provisions adopted pursuant to this Act concerning the quality of fuels placed on the market in Finland.
The police are monitoring compliance with this law and the provisions and regulations adopted pursuant to this law on discharges into water in inland waters and in Finnish territorial waters.
The police are involved in the control of emissions and harmful anti-fouling systems in inland waters and in Finnish territorial waters, as provided for in Articles 11 and 12. (28.11.2012)
L to 19/2014 Article 2 (2) shall enter into force at the time of the Regulation.
The Authority, the Finnish Environment Agency, the Defence Forces and the Regional Administrative Agency shall provide the Authority with the necessary administrative assistance to carry out the task entrusted to it under this Act.
In the case of an oil pollution charge, provision is made in Section 8 of Chapter 3.
Monitoring and inspection of the ship's structures, equipment, equipment, functions and arrangements and other measures in the Finnish waters and, for Finnish vessel, also outside the Finnish waters Provides for a law on the control of ship safety (19/04/1995) .
The Finnish Transport Safety Agency, as well as the Border Guard and the police, have the right to carry out inspections on board and take samples in water to investigate the emission or anti-fouling systems that have occurred. The origin of the detected oil or any other harmful substance, as well as the quality of the fuel used on board and the source of other pollutants in the air. The same applies to a foreign ship when it is at port or anchorage in the Finnish waters or when it is sailing in Finnish waters. The measures against a foreign vessel flying the Finnish territorial sea are laid down in Article 12. (28.11.2012)
L to 19/2014 (1) shall enter into force at the time of the Regulation. The previous wording reads:
The Finnish Transport Safety Agency, as well as the Border Guard and the police, have the right to carry out inspections on board and take samples in water to investigate the emission or anti-fouling systems that have occurred. The origin of the detected oil or any other harmful substance. The same applies to a foreign ship when it is at port or anchorage in the Finnish waters or when it is sailing in Finnish waters. However, the measures against a foreign vessel flying the Finnish territorial sea are laid down in Article 12.
If it is necessary to identify the emissions or harmful anti-fouling systems it requires, or there are reasonable grounds for suspecting that the ship is travelling from any other than the ship's structures, equipment, equipment, functions and For reasons connected with the arrangements, there is a direct risk of environmental pollution, the Traffic Safety Agency and the Border Guard and the police can stop the vessel while it is at port or anchorage in the Finnish waters. The same shall apply to the Finnish vessel in the Finnish waters or outside the Finnish waters and the foreign vessel in the Finnish waters. The measures against a foreign vessel flying the Finnish territorial sea are laid down in Article 12. (28.11.2012)
L to 19/2014 (2) shall enter into force at the time of the Regulation. The previous wording reads:
If it is necessary to identify the emissions or harmful anti-fouling systems it requires, or there are reasonable grounds for suspecting that the ship is travelling from any other than the ship's structures, equipment, equipment, functions and There is an immediate risk of water pollution, the Traffic Safety Agency and the Border Guard and the police can stop the vessel while it is at port or anchorage in the Finnish waters. The same shall apply to the Finnish vessel in the Finnish waters or outside the Finnish waters and the foreign vessel in the Finnish waters. However, the measures against a foreign vessel flying the Finnish territorial sea are laid down in Article 12.
The measures referred to in paragraphs 1 and 2 shall, taking into account the provisions of Chapter 1, Article 4, only apply mutatis mutandis to the vessels of the armed forces and the border guards.
However, the right to inspect does not extend to premises used for a permanent residence.
Where there are reasonable grounds for suspecting that a foreign vessel travelling in the Finnish territorial sea is, in the territorial sea of Finland, emitted or used an anti-fouling system, the Transport Safety Agency and the Border Guard, and The police may take all the measures referred to in Article 11 (1) and (2).
Where there are reasonable grounds for suspecting that a foreign vessel travelling within the Finnish territorial sea or in the exclusive economic zone has been in breach of this law or the provisions adopted pursuant to it, the Finnish Transport Safety Agency and The border guards and the police have the right to obtain information from the ship on the ship, the port of registration of the vessel, the port in which it was last visited and the port to which it is headed, as well as any other information to establish whether the provisions have been infringed.
In the case referred to in paragraph 2, the Transport Safety Agency and the border guard service and the police may inspect the ship if an infringement of the provisions referred to in the article is accompanied by a significant emission, which is significant Pollution of the marine environment or its risk, and the ship has refused to provide information or the information provided by the vessel is clearly in conflict with the actual situation and circumstances otherwise give rise to an inspection.
The Finnish Transport Safety Agency and the border guards and the police may stop a foreign vessel travelling in the territorial sea or the exclusive economic zone of Finland, if it is obvious that the vessel has been breached in the Finnish exclusive economic zone or under this law. , in such a way that emissions are caused by significant damage to Finland's coastline or associated interests, or to natural resources in the territorial sea of Finland or the economic zone of Finland.
The measures referred to in paragraphs 2 to 4, subject to the conditions laid down in paragraphs 2 to 4, may also be applied to a foreign vessel travelling within the Finnish Economic Zone, suspected of having infringed this law or the provisions adopted pursuant to it In the territorial sea.
However, the right to inspect does not extend to premises used for a permanent residence.
The measures referred to in Articles 11 and 12 shall be taken in such a way that there is no undue delay on the ship.
Inspection of a foreign vessel shall be limited to the verification of certificates and other documents required by the ship under international agreements which are binding on Finland or to check the other equivalent documents of the vessel. Vessel may only be inspected more closely after the first inspection and even if there are reasonable grounds for suspecting that the condition of the vessel or its equipment is substantially different from that of the documents or the documentation of documents is insufficient. Confirm or verify a suspected infringement or do not have the required certificates or documents in force.
Although it is clear from the investigations carried out in accordance with Articles 11 and 12, that a foreign vessel has breached the law or the provisions adopted pursuant thereto, the ship must be allowed to continue its journey without delay.
In the event of an unacceptable risk to the marine environment that a vessel intercepted in the Finnish eez pursuant to Article 12 (4) is allowed to continue its journey, the Finnish Transport Safety Agency may prohibit the continuation of the journey or set a journey The extension of the vessel to the nearest appropriate repair yard. The decision to prohibit or make conditional extension shall be promptly notified to the flag State of the vessel.
Moreover, the verification of the transmission of a foreign vessel and the detention of the vessel and the restriction of its use is in force as laid down in the Act on the control of ship safety.
Where it is apparent that the vessel has been breached in Finland's territorial waters or in the exclusive economic zone, the provisions adopted pursuant to this law, such that Finland's coastline or associated interests, or the territorial sea of Finland or the exclusive economic zone Natural resources cause significant damage or risk, the extension of the ship's journey may be made conditional on a sufficient guarantee on the ship's behalf to meet any liability.
The setting up and the amount of the security will be decided by the Finnish Environment Agency. The decision is appealed against by the decision of the Helsinki Administrative Court, as in the case of administrative law (18/06/1996) Provides. The decision must be followed in spite of the appeal. The decision of the Administrative Court shall not be subject to appeal. The deposit of the guarantee shall be valid for the deposit of money, values, securities or documents in the form of payment or exemption from other obligations under the law on performance. The security shall be returned to the provider when the conditions for its holding no longer exist.
The conditions laid down for the continuation of the voyage of a foreign vessel shall be promptly notified to the flag State of the vessel.
The Transport Safety Agency and the Centre for Enterprise, Transport and the Environment may, in accordance with this Act, be able to:
(1) prohibit any violation of this law or of a regulation or provision adopted pursuant to it, to continue or to repeat a provision contrary to a provision or order;
(2) order the person in breach of this law or of any regulation or regulation adopted pursuant to it to fulfil its obligations;
(3) order the restoration of the environment, as referred to in paragraphs 1 or 2, or to eliminate the damage to the environment caused by the infringement.
The Traffic Safety Agency and the Centre for Enterprise, Transport and the Environment may impose a periodic penalty payment, threat or suspension of the prohibition or penalty imposed by this law in such a way as in the case of the (1113/1990) Provides.
If there is clear evidence that the vessel has breached its obligation to leave ship waste and cargo residues in the port, the Traffic Safety Agency shall stop the ship or, if the port where the vessel is next visited is in another State, indicate: The competent control authority as provided for in the Directive on ship waste.
If the vessel has been detected in the presence of oil or noxious liquid substances in the Finnish waters, the exclusive economic zone or the high seas, the Finnish Environment Agency, the Border Guard or the Transport Safety Agency shall notify the From the emissions to the port where the vessel is next, and to the flag State of the vessel and to request that action be taken on the emission of the ship as provided for in the case of ship-source pollution and the imposition of infringements; Of the European Parliament and of the Council 2005 /35/EC and its subsequent amendments.
More detailed provisions may be adopted by the Government Decree on the tasks of the Finnish Transport Safety Agency, the Finnish Environment Agency, the Economic, Transport and Environment Agency, the Border Guard, Customs and Police, and their The division of labour.
L to 19/2014 Article 18 shall enter into force at the time of the Regulation. The previous wording reads:
More detailed provisions may be adopted by the Finnish Government Decree on the role of the Finnish Transport Safety Agency, the Finnish Environment Agency, the Transport and Environment Agency, the Border Guard, the Customs Service and the Police Authority, and The division of labour between them.
For the purposes of this Law, the fees to be charged by the Authority and the control measures of the Authority shall be governed by the provisions of the State Payment Act (150/1992) Provides. More detailed provisions on charges for public authorities will be laid down by a regulation of the Ministry of Transport and Communications. A fee may be charged to the municipality pursuant to this Act, the criterion of which shall apply mutatis mutandis to the State payment law. The criteria for the fee to be charged to the municipality are specified in a fee approved by the municipality.
The vessel's on-board inspection shall pay a fee to the designated inspector on a measure based on or on the basis of any measure or regulation adopted pursuant to this Act or on the basis of it. The amount of the premium shall be determined by the provisions of the Law on the technical safety and safety of the ship (1686/2009) Provides for a premium to be paid to the designated surveyor and the alumnm. More detailed provisions on the amount of the premium will be laid down by a Council regulation.
The designated inspector shall be entitled to reimbursement of his travel expenses and daily allowances under the State Travel Regulation. If the ship is not in the port facility, the designated inspector shall be transported to the ship or shall be entitled to compensation for the costs of arranging the transport.
The fees, fees and reimbursements referred to in this Article shall be charged to the person liable for payment in accordance with the law on the execution of taxes and charges. (20/2007) Provides.
The competence of the inspector designated by the Traffic Safety Agency and the issuing and cancellation of an appointment book shall be subject to the provisions of the Ship Technical Security and Safe Use Act The surveyor. More detailed provisions on the qualification requirements of the designated inspector are laid down by a Council Regulation.
In the exercise of public administrative functions as referred to in this law, the appointed inspector shall comply with the administrative law (2003) , language law (2003) , by law in the field of electronic business (2003) And the law on public authorities' activities. However, the technical documentation of the vessels shall be provided on board in the language in which the technical documentation is drawn up.
The inspector designated for the mission of the Transport Safety Agency shall be subject to the provisions relating to criminal liability in the performance of the duties referred to in this Act. Liability for damages is governed by the law on damages (1999) .
The penalty, contrary to this law or the provisions adopted pursuant to it, or the provisions adopted pursuant to it, in the absence of negligence on the part of a foreign vessel, provides for the (39/1889) § 1 to 4.
In any other way than in the manner referred to in paragraph 1, intentionally or negligently acts contrary to:
1) an oil emission ban and an emission limit set out in Chapter 2,
2) requirements for oil tankers in accordance with Article 3 (1) and (2) and Article 4 of Chapter 2;
3) prohibitions on the transport of oil in accordance with Article 3 (4) and Article 8 of Chapter 2;
(4) the ban on emissions of noxious liquid substances in accordance with Chapter 4, Section 2, and the emission limit;
(5) the construction and equipment requirements for chemical tankers in accordance with Section 4 of Chapter 4;
(6) the ban on the discharge of waste water and the emission limit set out in Chapter 5, Article 1;
(7) the prohibition on the removal of solid waste in accordance with Article 1 of Chapter 6 and the removal restriction;
(8) In order to limit emissions to air in accordance with Articles 5 and 7 of Chapter 7 and Article 11 (3), requirements for equipment such as diesel engines and waste incinerators, or fuel requirements,
9) the ban on the incineration of waste and the emission limit for waste in accordance with Article 11 (1) and (2);
(10) prohibition of the use of harmful anti-fouling systems in Chapter 8,
(11) the obligation to organise port reception facilities in accordance with Articles 1 and 2 of Chapter 9;
(12) the obligation to dispose of waste in a port under Chapter 10;
(13) the obligation to notify waste in accordance with Chapter 10, Section 3;
(14) In accordance with Chapter 11, Section 1 of Chapter 11, the obligation to declare oil, or the obligation to declare,
(15) the obligation to declare in accordance with Article 2 (2) of Chapter 11 on the emission of harmful substances other than oil or its hazard;
Shall be condemned, unless the act is minor or, in the absence of a heavier penalty provided for by law elsewhere, On the protection of the marine environment Fine.
Any breach of the obligation or prohibition imposed by a penalty payment imposed by this law, or at the risk of suspension or suspension, shall not be punishable under paragraph 2 for the same offence.
The penalty provided for in paragraph 2 shall be punishable by the offence of an act of unlawful act or omission. This assessment shall take into account the status of the person concerned, the nature and extent of his duties and powers and, in any case, his contribution to the establishment and continuation of the unlawful holding.
The Transport Safety Agency shall immediately inform the flag State of the procedure under Articles 11 and 12 of Chapter 12 on a foreign vessel. In the case of a work carried out in Finnish waters, only the information relating to the trial shall be provided.
The examination referred to in Article 3 Chapter 48 of the Criminal Code Articles 1 to 4 shall be punishable by: Article 10 of Chapter 48 of the Penal Code , the penalty may be imposed only on the fine, the right to coercive measures shall be determined by: Chapter 48 of the Criminal Code On the basis of the penalties provided for in Articles 1 to 4.
Without prejudice to Chapter 1 of the criminal code The infringement of the provisions referred to in Article 3 (2) shall also apply to the law of Finland when the act is made from a foreign vessel in the Finnish exclusive economic zone.
If the act referred to in Article 3 is made from a foreign vessel when it is in the Finnish exclusive economic zone, the criminal case shall not be investigated in Finland without a warrant for the prosecution of the Prosecutor, unless it is a matter of Article 12 of Chapter 1 of the Criminal Code The case referred to in paragraph 2.
If a foreign vessel has not voluntarily entered a Finnish port or voluntarily anchored in Finnish waters, the offence referred to in paragraph 2 shall only be prosecuted if the emission has suffered material injury or injury. The risk to the coast of Finland or to the benefits associated with it or to the natural resources of the Finnish territorial sea or the eez.
The offence referred to in paragraph 2 shall not be prosecuted if the flag State of the vessel takes legal action to impose the sentence within a period of six months from the start of the preliminary investigation in Finland. Once the legal proceedings initiated by the flag State have been completed, the procedure in Finland will have to be terminated.
The offence referred to in paragraph 2 shall be raised without prejudice to paragraph 4, if the act has caused significant damage to Finland as a coastal State, or if the flag State of the vessel has repeatedly failed to comply with its obligation to implement effectively Obligations concerning acts contrary to international agreements on the prevention of pollution from ships by vessels flying its flag.
An interested party may apply for an adjustment from the Transport Safety Agency if the decision concerns:
(1) any other document issued by the Traffic Safety Agency on the inspection or ship inspection of a ship pursuant to this Act, or any decision of the inspector designated by the Safety Agency for the inspection of the vessel; or
(2) A fee imposed by an inspector appointed by the Traffic Safety Agency in accordance with this law, by a decision, decision or certificate.
The decision to apply for an adjustment shall not be claimed by any appeal. The decision shall be accompanied by instructions to make a complaint. The application must be lodged within 30 days of the date of notification of the decision or the imposition of the charge.
Within two months of the initiation of the complaint, the Transport Safety Agency shall resolve the objection referred to in this paragraph. However, in the event of a decision to prevent the normal operation of the vessel, the decision to lodge a complaint must be lodged within 14 days of the notice of initiation.
For the purposes of Article 5 of Chapter 3, Articles 14 and 16 of Chapter 12 and the decision referred to in Article 7 of this Chapter shall be appealed against in the manner laid down by the Law on Administrative Law.
If, as a result of the correction requirement, the Traffic Safety Agency has not adopted a decision within the period laid down in Article 7 (3) of this Chapter, the time limit for lodging the appeal shall be calculated on the expiry of the period referred to in Article 7 (3) of this Chapter. Termination.
If the decision prevents the ship's normal operation, the complaint must be dealt with as a matter of urgency.
The treatment of an adjustment request or an appeal shall not prevent the implementation of the decision, unless the authority or the complaint authority is otherwise determined by the investigating authority.
Article 15 of Chapter 3 provides for the implementation of the decision to pay the oil emissions premium.
In the case of a particular ship or the alleged pollution of the environment by which this law is applicable, the District Court referred to in Article 1 (1) of the Maritime Code ( Maritime law ), which has been caused by the incident caused by the tachograph. If the event occurred when the ship was on its way, it may also be initiated in the case of maritime law, the first port of which the vessel enters the port of jurisdiction.
When the action referred to in Article 3 of this Chapter has taken place in the Finnish exclusive economic zone, the criminal case shall be dealt with in the Law of the Sea. The law of the law of the law of the law of the jurisdiction of which the offence is committed may be regarded as being carried out by application of the law on criminal proceedings (689/1997) in Chapter 4, Article 1 (1) and (2). For the purposes of this Article, the boundaries of those laws of the law of the sea shall be deemed to remain at the external border of the territorial waters without any change to the external border of the eez.
Since the act referred to in Article 3 of this Chapter has taken place outside Finland's exclusive economic zone, the criminal case shall be dealt with by the Helsinki District Court.
This Act shall enter into force on 1 January 2010.
This law repeals the Law of 16 March 1979 on the prevention of pollution from ships (30/1979) With its subsequent modifications.
However, the following regulations remain in force:
1) Regulation of 3 December 1999 on ship surveys (123/1999) ;
Paragraph 2 is repealed by the L 29.12.2015 .
(3) Regulation of 26 March 1982 on chemical and gas carriers (244/1982) .
Before the law enters into force, action can be taken to enforce the law.
Periodic licences issued under the law applicable upon entry into force of this Act shall be valid for the remainder of the period covered by this Act.
THEY 248/2009 , LiVM 33/2009, EV 249/2009Annex
Oil emissions premium (€) on the basis of the gross tonnage of the vessel
| Oil emission in litre | Gross tonnage of vessel (GT) | |||
| 3 001 TO 15 000 GT | 15 001 TO 50 000 GT | > 50 000 GT | ||
| Less than 50 | EUR 4 278 | 6 417 | 8 556 | EUR 10 695 |
| 50-1 000 | 8 556 | EUR 12 834 | EUR 17 112 | EUR 21 389 |
| 1000 | 8 556 | EUR 12 834 | EUR 17 112 | EUR 21 389 |
| And from each starting point | EUR 684 | EUR 1 027 | 1 369 | EUR 1 711 |
| 1 000 litres exceeding | ||||
| 1000 litres | ||||
| 26.000 | EUR 25 667 | EUR 38 501 | EUR 51 335 | 64 168 € |
| And from each starting point | EUR 684 | EUR 1 027 | 1 369 | 2 053 € |
| 1 000 litres exceeding | ||||
| 26,000 litres | ||||
| 101.000 | EUR 77 002 | 115 503 | EUR 154 004 | EUR 218 172 |
| And from each starting point | EUR 171 | EUR 257 | EUR 342 | EUR 513 |
| 1 000 litres exceeding | ||||
| 101 000 litres | ||||
| > 501,000 | 145 448 | EUR 218 172 | EUR 290 896 | 423 510 |
| And from each starting point | € 86 | EUR 128 | EUR 171 | EUR 257 |
| 1 000 litres exceeding | ||||
| 501 000 litres |
This Act shall enter into force on 3 December 2010.
THEY 195/2010 , No 15/2010, EV 175/2010
This Act shall enter into force on 1 May 2012.
THEY 199/2010 , YmVM 23/2010, PeVL 58/2010, HVL 35/2010, TaVL 30/2010, EV 360/2010
This Act shall enter into force on 1 January 2012.
This law will repeal:
1) Regulation on marine equipment (1998 TO 1998) ;
(2) environmental protection (1672/2009) in Chapter 13, Paragraph 3 (2).
The Regulation on ship equipment (1998 TO 1998) Shall remain in force.
THEY 83/2011 , LiVM 10/2011, EV 60/2011, Council Directive 96 /98/EC (31996L00098); OJ L 46, 17.2.1997, p. 25
This Act shall enter into force on 1 September 2014.
THEY 214/2013 , YmVM 3/2014, EV 67/2014
The entry into force of this Act is laid down by a Council regulation.
THEY 86/2014 , LiVM 20/2014, EV 151/2014
