Chapter 1. Introductory provisions
section 1 of this Act contains provisions on the prohibition of the pollution
from ships, receiving of harmful substances from ships, ship
construction, supervision and other measures to prevent
or limit pollution from ships and on investigation
for breach of the provisions of this Act or to the regulations
delivered with the support of the law.
Rules on shipping and ship safety management;
which are also designed to protect the environment, see
Ship Safety Act (2003:364). Lag (2003:366).
section 2 of the Act uses terms that have the following significance.
Indication Significance
The Baltic Sea region All water area in the Southwest
The Baltic Sea with the Gulf of Bothnia, Finnish
Bay and inlet to the Baltic Sea up
to latitudparallellen by Skagen in
The Skagerrak at 57 ° 44.8 ' North
Ships Boats, air-cushion vehicles, submersibles,
fixed or floating platforms as well as
other floating devices used
at sea
Substance of oil and other substances, whether they will
out in the sea, in any other body of water
or in the air, can be dangerous to the
human health, be harmful to the
marine fauna or flora, damage
beauty-or or
interfere with other legitimate use of
sea or other water areas
Discharge Any discharge into the sea, in other
water or in the air, such as
escaping, disposal, spilling,
leakage, pumping out, spreading out or
depletion
Law (2006:1318).
section 3 of the Government or the authority that the Government appoints Announces
rules about what is in the application of the law, of course, with oil,
other noxious liquid chemicals transported in bulk than oil;
harmful substances in General, and oil tankers.
section 4 of the Act shall not apply to any other foreign Government vessels
than those used in business operations.
The Swedish Government vessels not used in business operations is the law
applicable only to the extent that Government regulations.
Law (2001:1294).
section 5 of the Regulations issued under this Act shall not
contrary to such rules in the international
agreements that are binding for Sweden. The same applies to
exceptions in individual cases notified from the provisions of this
law or from the regulations issued under this
team.
For the purposes of the Act, such restrictions
follows from the generally recognized principles of international law must be taken into account.
Law (2001:1294).
section 6 of this Act if the owner shall also apply to the
in the shipowner's place exerts a decisive influence on
the operation of the ship. Law (2001:1294).
Chapter 2. Prohibition of pollution from ships
Article 1 the provisions of this chapter apply to discharges of harmful
substances from ships originating from or otherwise in connection with the
vessel operation. The provisions do not apply, however, in the case of such
emissions of harmful substances is an immediate consequence of the exploration,
extraction and thus associated, not land-based handling of seabed
mineral resources.
2 § Within Sweden's territorial waters and economic zone as well as
The Baltic Sea region outside these waters, oil does not
be discharged from the ship.
In the case of other water areas, the Government or the
authority that the Government appoints provide for prohibition
against discharges of oil.
The Government or the authority that the Government appoints may
prescribe or in individual cases, grant derogations from the first
paragraph. When the exception is announced, specific conditions
provision should be made for. Law (2001:1294).
section 3 of the Government or the authority that the Government appoints Announces
rules prohibiting discharges from ships of other harmful substances
than oil.
section 4 If, as a result of the accident, the vessel discharged harmful
substances, for which the ban applies, the emission
be limited as far as possible.
Chapter 3. Reception of wastes from ships
section 1 of the facilities for the reception and treatment of oil-containing
ballast-water shall be prohibited except when or where
oil tankers are loaded or repaired. The one who carries out
oil or driver repair business responds to the
are the necessary reception and treatment facilities.
The Government or the authority that the Government appoints may
provide for the reception and treatment facilities for the
oily ballast water or shall be prohibited except when even on
other sites. The Government or the authority that the Government
appoints may also provide who shall be responsible for
the appliances.
The Government or the authority that the Government appoints may
prescribe or in individual cases, grant derogations from the first
paragraph. When the exception is announced, specific conditions
provision should be made for. Law (2001:1294).
section 2 of the Devices for the reception of ballast water or
tank washings which contain residues of other harmful
liquid chemicals than oil shall be provided on the sites
the Government or the authority that the Government appoints
prescribes. The Government or the authority that the Government
appoints may also provide who shall be responsible for
the appliances. Act (2000:847).
paragraph 3 of the facilities for the reception of wastes containing
harmful substances than those referred to in paragraphs 1 and 2 shall be provided on
the places that the Government or the authority that the Government
appoints prescribes. Government or authority
Government appoints may also provide who shall be responsible for
the appliances. Act (2000:847).
4 section a fee must not be charged on device, referred to in paragraph 1 of the
the first subparagraph, for the reception or treatment of oily
ballast water from ships or prohibited except when loaded in the
who is responsible for the device.
As regards the fee for receiving and processing referred to in paragraph 1 of the
second paragraph, and the reception as referred to in paragraph 2 of the reports
Government regulations.
The Government or the authority that the Government appoints may
prescribe or in individual cases, grant derogations from the first
paragraph. When the exception is announced, specific conditions
provision should be made for. Law (2001:1294).
§ 5 no fee for reception or other handling of waste
referred to in paragraph 3 may not be taken out of the vessel owner or
owners. Whatever has been said does not preclude that the costs
for the activities covered by port charges or equivalent
General fees.
The Government or the authority that the Government appoints may
prescribe or in individual cases, grant derogations from the first
paragraph. When the exception is announced, specific conditions
provision should be made for. Law (2001:1294).
section 6 of The intending to deliver oily ballast water or tank pol
to a reception facility referred to in paragraph 1 shall communicate
solvents or other substances in the water which is important for
the treatment.
A ship may not be unloaded or repaired with the respondent to
There are sufficient reception and treatment device referred to in paragraph 1 of the
the first subparagraph, if he fails to dispose of oily ballast-
or tank pol water from the ship. For the cases referred to in article 1, other
the paragraph will notify the Government or the authority that the Government appoints
the corresponding provisions on the prohibition of the loading, repair or other
activity.
In case of reception of ballast water or tank washings which
containing residues of other noxious liquid chemicals than oil
notify the Government or the authority that the Government appoints
regulations in the case referred to in the first and second subparagraphs.
section 7 of the respondent for such reception facilities referred to
in paragraphs 1 to 3 shall ensure that these are placed and designed so
that the vessels using devices not caused undue
delay. Government or authority Government appoints
may provide details relating to the design and operation of
such devices referred to in sections 1-3. Law (2001:1294).
7 a § the master shall take measures on board the ship
required for the waste to be left without unnecessary
delay. To the extent that such measures include the ship's
machinery and associated equipment is the responsibility of this obligation
the Chief Engineer. Law (2002:874).
7 b of The who, either intentionally or negligently, in violation of 7
or 7 a § causing an unnecessary delay in connection with the delivery
or reception of ship-generated wastes shall compensate for the damage
as the delay causes the receiving or leave waste.
Compensation may be reduced by what is reasonable with regard
to the nature of the error or omission
caused the injury, the nature of the size and circumstances of others.
In the case of a shipowner's liability for damage as a commander or
crew member cause by errors or omissions in
the service and if the ship owner's right to recovery, there are provisions in the
Chapter 7. section 1 of the maritime Act (1994:1009). If the damage has been caused by a
workers in the service applies to Chapter 4. section 1 of the tort liability Act
(1972:207). Law (2002:874).
section 8 of the Government or the authority that the Government appoints may
provide for an obligation to
1. from the ships leave waste containing oil or other
harmful substances to a reception facility;
2. notify in advance delivery of ship-generated wastes to a
reception facility, except in those respects as set out in section 6,
3. take action in connection with the receipt and handling of
waste containing harmful substances from ships and
4. draw up waste management plans. Act (2000:847).
§ 9 the authority referred to in Chapter 6. 5 a § may notify the
injunctive relief is needed in a particular case, to
1. a receiving or processing device shall be
According to § § 1-3 or in accordance with regulations that have been issued with
support of any of these provisions,
2. a receiving or processing device shall be designed
and operated according to the instructions given with the support of
section 7,
3. the obligations laid down under section 8 (3) shall
fulfilled,
4. the waste management plan shall be established in accordance with regulations
given under section 8, 4. Law (2001:1294).
section 10 a decision notice under section 9 shall be preceded by the
consultation with the municipality, or the authority empowered by
Environment Act or regulations issued pursuant
the environmental code have the operational supervisory responsibility over the
activities that injunction. Law (2001:1294).
section 11 A notice under section 9 may be subject to a penalty.
Law (2001:1294).
Chapter 4. Ship construction, etc.
section 1 of the Government or the authority that the Government appoints Announces
regulations concerning ship construction, equipment and operation of that
prevent or limit pollution and about the certificate which shows that
such provisions are met. Law (1996:527).
section 2 of the Government or the authority that the Government appoints may provide
that vessels must not be used for navigation or, in the case of foreign
vessels,
to shipping within Sweden's territorial waters or exclusive economic zone, if they
not
1. have the certificate, referred to in paragraph 1 thereof, or equivalent documents
issued by the competent foreign authorities,
2. is so entertained that in terms of construction and equipment
comply with the regulations issued pursuant to section 1,
3. is operated in accordance with regulations issued under section 1.
Act (1992:1143).
section 3 of the Government or the authority that the Government appoints Announces
regulations on how harmful substances carried by sea in
packaged form or in freight containers or in a similar manner shall
handled to pollution should be prevented or restricted.
Law (1996:527).
Chapter 5. Diaries, etc.
section 1 of the Government or the authority that the Government appoints Announces
regulations on the diaries and other documents relating to the management of
harmful substances on board a ship.
section 2 of the documents referred to in paragraph 1 shall, in the case of Swedish ships
upon request be made available to law enforcement,
The coast guard, the supervisory authority referred to in Chapter 6. paragraph 5 of the
or other authority the Government appoints. The same applies in
the case of the corresponding documents on foreign vessels, which
within Sweden's territorial waters, in so far as
the Government provides for this.
Within the territorial waters of a foreign State are masters of
Swedish vessels required to allow authorized foreign
authorities take note of the documents referred to in paragraph 1.
Law (2014:722).
Chapter 6. Supervision
Inspection
section 1 of the Swedish vessel covered by regulations pursuant to Chapter 4. 1 § about
construction, equipment or operation, must be inspected before they are put in
traffic and subsequently undergo regular inspections.
In the surveys shall be adopted if the vessels meet the
regulations issued pursuant to Chapter 4. § 1 in case of
construction, equipment and operation.
Inspection
section 2 of the Ships shall be inspected as the supervisory authority
referred to in paragraph 5 of the opinion that it is necessary.
A foreign ship during the passage of the Swedish
territorial sea may be inspected only if there are justified
reason to believe that a prohibited discharges have occurred from
ship within the territorial waters of Sweden.
If the discharge has occurred from a foreign vessel in Swedish
economic zone, concerning the right to inspect what
prescribed in 2(a) and (b) sections. Law (2001:1294).
2 a of a foreign ship, which are situated in Swedish
territorial sea or exclusive economic zone, on the occasion of a
emissions in the economic zone be inspected only
1. If it is established that there has been a prohibited discharges
from the ship, and
2. This release has caused or could cause significant damage
on the Swedish coastline or related interests
or on assets within Swedish territorial waters, or in
Sweden's economic zone.
Notwithstanding the first subparagraph, a foreign ship
in Sweden's territorial sea or exclusive economic zone
inspected, if there is reasonable cause to believe that the
has been a prohibited discharges from the ship in the economic
zone and
1. the spill has caused or may cause significant pollution
of the marine environment, and
2. the master of the vessel has refused to provide information on
the ship's identity and port of registry, last and next
ports of call or any other relevant information which has
requested, or have provided information that is obviously not
consistent with real-world conditions, and
3. the inspection is warranted by the circumstances.
Law (2001:1294).
2 b of a foreign ship outside of Sweden
territorial waters shall, except as provided in paragraphs 2 and 2A,
be inspected if the conditions set out in section 2 or 2
and immediately the ship has been the subject of
pursuit. The right to immediate pursuit ends when
the ship will enter the territorial sea of another State.
Law (2001:1294).
3 § during an inspection, it shall be checked that the ship
and its equipment is in the State and to
the operating conditions are those needed to prevent
pollution. During an inspection may also be checked if
There has been a suspected breach of provisions in the
This law or regulations issued pursuant
of the law. The inspection may also apply to the control of
compliance with such provisions as have been notified with
support of Chapter 3. 8 § 1.
In the case of foreign vessels who have certificates referred to in
Chapter 4. § 1 or equivalent document issued
by the competent foreign authorities, inspection
be limited to the review of these documents and of
documents referred to in Chapter 5. section 1 and to the control of
the system used to prevent fouling on ship
Hull, unless
1. There is no reasonable cause to believe that the ship
or its equipment or operational conditions in material
respects deviates from the information contained in the certificates or
the documents, or
2. the content of the certificates or documents are not
enough to confirm a suspected violation of the
provisions of this Act or the regulations that have
issued pursuant to this Act or in the international
agreements that are binding for Sweden.
The Government or the authority, as the Government determines
may provide for exceptions to the limitation
referred to in the second subparagraph, provided that the
follow by European Parliament and Council directive
2009/16/EC of 23 april 2009 on port State control, or
of the Memorandum of Understanding on Port State
Control. Law (2010:1359).
paragraph 4 of the rules of the regulatory Ordinances referred to in sections 1-3
communicated by the Government or the authority that the Government appoints.
Supervisory authority
section 5 supervision of compliance with the provisions on ship
construction, equipment and operation carried out by the authority that the Government
appoints. The authority may instruct experts to except the Empire effect
enforcement Ordinances.
5 a of the supervision of compliance with the provisions of Chapter 3. If
reception of wastes from ships are exercised by the authority
Government appoints.
The Government or the authority that the Government appoints Announces
regulations on supervision. Law (2001:1294).
Validity of certain certificates, etc.
section 6 Has such an organisation as mentioned in Chapter 1. paragraph 5 of the
Ship Safety Act (2003:364) carried out the examination of
vessels and equipment or certificate issued after such
survey, survey or certificate the same
validity as a survey executed by or
certificate issued by a Swedish authority. Lag (2003:366).
Regulatory Ordinances
section 7 of The Ordinance that enforces a monitoring that applies to a
vessels or assists in such Ordinance shall receive
access to the ship to conduct the necessary investigations
and take note of the documents regarding the ship that is
on board. Law (2001:1294).
7 a of the police authority shall provide the assistance needed
for supervision according to this law. Law (2001:1294).
section 8 Government or authority the Government determines
may provide for fees to the State for
1. supervision,
2. testing and review of materials and equipment to
vessels, and
3. case management under this law and pursuant to the provisions
delivered with the support of the law. Law (2010:1558).
§ 9 the ship's owner and the owner is responsible for ensuring that the vessel is undergoing such
supervision referred to in paragraph 1.
10 § whoever has taken the position of supervision pursuant to this
teams may not improperly disclose or make use of what he or she
in his post has been told about an individual's business or
operating conditions or conditions relevant to Empire
Security.
In the public activities apply instead the provisions
in publicity and secrecy (2009:400).
Law (2009:426).
Notification of crime etc.
section 11 Of the supervisory authority referred to in paragraph 5 or 5 has
reason to suppose that it has committed an offence referred to in
This Act, the authority shall promptly notify the
The police or prosecutors. A case of suspicion
prohibited discharge shall also be notified the coast guard.
If it has begun a preliminary investigation of offences referred to in
This Act, the supervisory authority shall, upon request, assist
Police, Coast Guard and Prosecutor at
the survey. Law (2014:722).
Chapter 7. Specific measures against pollution
Prohibition of traffic, etc.
section 1 of the Government or the authority that the Government appoints may
impose such restrictions or bans on traffic in
waters within Sweden's territorial waters and economic zone as needed
to prevent the pollution. Law (1996:527).
section 2 of the Government or the authority that the Government appoints Announces
such regulations on lightering of harmful substances in Swedish
territorial waters and economic zone needed to prevent
pollution. Regulations may relate to the prohibition of lighterage in certain
areas. Law (1996:527).
Reporting
section 3 of the Government or the authority that the Government appoints Announces
provisions on the obligation
1. to report emissions of harmful substances and events
risk of contamination,
2. to provide such information about vessels and cargo needed
to prevent or combat the emission of harmful substances.
Law (1996:527).
Prohibitions and injunctions relating to ships
section 4 If a ship has significant deficiencies in
construction, equipment or operation in the respects referred to
in Chapter 4. paragraph 1, or if regulations issued pursuant
of section 1 of this chapter are being contravened, the Transport Board or
other authority Government appoints announce
1. Prohibition of the departure of the vessel, or onward travel,
2. the prohibition of the use of certain equipment,
3. order that the vessel must follow a certain route,
4. order that the vessel shall enter or depart from a
specific port or another place of residence,
5. procedure in the case of ship's performance or operation.
If no decision on such a measure is not notified, the authority may,
in the case of shortcomings in terms of construction, equipment
or operation, instead notify the injunction that shortcomings must
be remedied. Law (2008:1364).
paragraph 5 of the Released oil or some other harmful substance out of a
vessels or can reasonably be expected that that will be done and
There is reasonable cause to believe that the Swedish territory,
Swedish airspace or Swedish interests otherwise due
This may be damaged to a considerable extent, the Transport Board or
other authority the Government appoints to the prohibition and
injunctive relief necessary to prevent or
limiting pollution. Such prohibitions and injunctions can be
1. Prohibition of the departure of the vessel, or onward travel,
2. prohibition to begin or continue loading, unloading,
lighterage or bunkering,
3. prohibition on the use of certain equipment,
4. order that the vessel must follow a certain route,
5. order that the vessel shall enter or depart from a
specific port or another place of residence,
6. procedure in the case of ship's performance or operation,
7. order to läktra oil or other harmful substances.
A prohibition or injunction referred to in the first subparagraph may also
be notified if there is a serious threat of pollution by other
States ' maritime or coastal areas. Law (2008:1364).
5 a of a foreign vessel outside the Swedish
internal water may be banned to continue its journey under 4 or
section 5 only if
1. the release or threat of release exists as a result of a
marine casualty or actions in connection with such an accident, or
2. the ship has been inspected pursuant to Chapter 6. section 2 of the other
subparagraph 2 (a) or 2 (b) and the ship's continuing journey leads
or may entail significant risk of harm to the marine
environment. Law (2001:1294).
section 6, If the insurance obligation or the obligation to provide
safety according to 10 or 10 a Cape. maritime law (1994:1009) do not
completed regarding a particular ship,
Transportation Board or the authority that the Government
determine, decide on
1. Prohibition of the vessel to enter or depart from a Swedish
port or from a supplementary place located in Swedish
territory,
2. Prohibition of the ship's forward drive, if it is an
Swedish ships. Team (2013:327).
6 a of the Government may notify such provisions on Prohibitions
for vessels calling at the Swedish port of a
a directive or a regulation adopted within the European
Union or of any international agreement or
equivalent as Sweden has concluded.
If a ship has been banned from entering American ports under
regulations issued pursuant to the first subparagraph,
Swedish Transport Agency may also prohibit the ports to take
against the ship. The same applies if the vessel has
banned from entering the port, with the support of the European Parliament
and Council Regulation (EC) No 417/2002 of 18 February
2002 on the accelerated phasing-in of double hull requirements
or equivalent design oil tankers
single hull oil tankers and repealing Council Regulation (EC) no
2978/94. Law (2010:1359).
6 b of a particular ship Has not been completed as regards what
provided pursuant to Chapter 3. 8 § 1 if obligation to provide
wastes containing oil or other harmful substances
reception facility, the Transport Board or other
authority that the Government appoints ban the ship to depart from
a Swedish port.
If the authority that the Government has appointed pursuant to Chapter 6.
5 a of the first subparagraph have been informed that a ship has
leaving the previous port without the obligation to
leave waste in force have been completed and the port is
in the European economic area (EEA),
authority to prohibit the ship to depart from a Swedish port.
The vessel shall not be permitted to leave the port until it has
checked if the vessel has complied with the provisions
implementing European Parliament and Council Directive 2000/59/EC of the
27 november 2000 on port reception facilities for
ship-generated waste and cargo residues. Law (2008:1364).
paragraph 7 of the decision referred to in 4, 5, 6 (a) or (b) paragraph 6 of
prohibition shall indicate the measures to be taken
for rectification. Decision notice under section 4 or 5 shall
indicate the period within which the measures should be
taken. Law (2002:874).
7 a § a ban against a ship's departure handed down under
4-6 sections shall apply to its correction has occurred and payment
have been paid or security is provided for the costs of
Enforcement Ordinance or detention program under this Act
or regulations issued under the Act shall
be paid by the shipowner or the shipowner. Lag (2003:366).
section 8 of the decision referred to in 4, 5, 6 (a) or 6 (b) §, a penalty should be discontinued.
An injunction or prohibition which is combined with a penalty, all
as the case may be directed to the master of the vessel, shipowner
or owner. Lag (2003:366).
§ 9 Fails any time within the prescribed take action
It is incumbent on him pursuant to decision given pursuant to section 4 or 5,
or he may not be informed of the decision but such delay as
endangers the purpose of the decision, the authority may allow the execution of the measure
at the expense of the ship's owner or owners. The same also applies in
other cases when a decision has been issued under section 4 or 5, if the
immediate action is required but cannot be expected to be taken by the referred to
with the decision.
section 10 of the authority with the support of 4, 5, 6, 6a or 6 (b) §
has banned a ship's departure or onward travel or
banned any ship from entering the Swedish port, where the ship
within Sweden's territorial waters or, in the case of
decision pursuant to paragraph 4 or 5, Sweden's economic zone, immediately
report it to the Police, the Customs and Excise Department,
The Swedish Maritime Administration and Coast Guard as well as affected ports.
Police and coast guard shall, if necessary,
take measures to prevent a breach of the ban.
Customs Service and the maritime administration shall, so long as the prohibition applies,
set the Ordinances for the trip that is for
them.
The ban applies to a Swedish vessel within a
foreign State's territorial waters, the master is obliged to
at the request of a Swedish foreign mission leave the ship's
nationality documents to the authority. Law (2014:722).
The labelling of oil and the taking of oil sample
section 11 of the Government or the authority, as the Government determines
may provide for such labelling of oil on board
ships needed to determine where
polluting oil has come.
To investigate the origin of polluting oil has come,
The police authority or the authority empowered to
issue a decision according to § 5, take oil sample on board a vessel
and for such purpose to cancel the ship's drive, if it is not
lead to any significant inconvenience. Law (2014:722).
section 12 of the Government or the authority, as the Government determines
may provide for the obligation of the owner of the ship
or owner to reimburse for costs associated with
such detention of the vessel has been made with the support of this
law or regulations issued under the law.
Lag (2003:366).
Chapter 8. Water hazard fee
§ 1 a special fee (water hazard fee) shall be charged, if any
the prohibition of discharges of oil from ships described in Chapter 2. section 2 has
been violated, and the emission is not insignificant. The same applies if a
such a discharge of oil as described in Chapter 2. paragraph 4 has not been limited to
to the extent possible.
Water hazard fee to the State. Law (1983:463).
section 2 of the water hazard fee is applied to the physical or
legal person in case of infringement was the owner of the ship
or owner. If the owner proves that he or she has been missing
influence over the operation of the ship, however, may not be subject to fee
him or her.
For water hazard fee as members of a party shipping company
shall pay in accordance with the first paragraph, the joint and several.
Law (2001:1294).
paragraph 3 of the water hazard rates shall be determined taking into account the
effluent scope as well as the ship's size (gross tonnage)
as shown in the following table.
With gross tonnage means the gross tonnage as specified in
It is the ship regarding tonnage certificate. With price base amounts referred to
the price base amounts according to Chapter 2. 6 and 7 § §
social security code that was in effect when the spill occurred.
/Tabellen is not included here./
Law (2010:1228).
section 4 If a water hazard fee pursuant to section 3 with respect to
the facts appear to be manifestly unreasonable, it may be reduced or
remitted. Law (1983:463).
section 5 questions about water hazard fee assessed by the coast guard. Team
(1988:437).
section 6, it can reasonably be assumed that water hazard charge to be levied,
The coast guard or other authority the Government appoints the
prohibition or injunctive relief as regards the ship as are necessary for
to secure evidence, such as the ban on departure or onward travel
or that the ship will enter given port.
An action under the first paragraph which is directed against a foreign vessel
is in Sweden's territorial sea or exclusive economic zone, with
reason of a prohibited discharges in the exclusive economic zone are taken only
If
1. it is common ground that there has been a discharge from the vessel and
2. This release has caused or could cause significant damage to the
beaches in Sweden or related interests or on
assets in Sweden's territorial sea or exclusive economic zone.
There are no longer grounds for an action referred to in the first subparagraph,
the measure immediately lifted. Act (1992:1143).
section 7 of the accrual of someone who is the owner of the ship or the cargo
water hazard fee, the coast guard at the same time as to
the property, decide such prohibition or injunction referred to in section 6,
the first subparagraph, if needed to ensure the State's claim
the fee. The decision concerns the far its enforcement takes place.
Decisions referred to in the first subparagraph may be announced even before the charging case
Determines if there is probable cause to charge will be subject to any
who is the owner of the ship or the cargo.
Set security for the fulfilment of the obligation of the fee or are there in
no longer entitled to take a decision pursuant to the first or second subparagraph,
the decision shall immediately be lifted. Lag (1988:437).
§ 8 prohibition decision or notice under section 6 or 7 shall not apply in
no case longer than 14 days after such decision with
reason of the emission was first announced on the ship or its
cargo. Law (1983:463).
section 9 in relation to the prohibition or injunction under section 6 or 7
concerning Chapter 7. 7-10 paragraphs mutatis mutandis. Law (2001:1294).
section 10 of the fee matters in the Coast Guard's vessel
jurisdiction on behalf of the party receiving the information referred to in section 17
administrative law (1986:223) and give an opinion referred to in the same section of the law.
He is similarly qualified to receive notification of
the Coast Guard's decision under section 21 of the law and to appeal the decision.
Lag (1988:437).
Chapter 9. Appeal, etc.
§ 1 If a decision under Chapter 7. paragraph 4, 5, 6
or 6 b has been issued by any authority other than
The Swedish Transport Agency, it shall immediately be submitted to the Board.
If a decision in accordance with Chapter 8. section 6 has been issued by another
authority than the coast guard, it shall immediately be subject to the
This works. Law (2008:1364).
paragraph 2 of the Decision given by the Transport Agency in matters
referred to in Chapter 3. section 9 or Chapter 7. paragraph 4, 5, 6, 6a
or (b) in paragraph 6 may be brought before the General förvalningsdomstol.
Leave to appeal is required for an appeal to the administrative court.
Decisions on other matters referred to in 1-Chapter 7. may be appealed to the
1. The Transport Agency, whether the decision has been issued by another
authority is not central administrative authority and not
Likewise, the municipal authority, or
2. the Government, on the decision given by the Transport Agency
or by another authority which is central
administrative authority. Law (2008:1364).
paragraph 3 of the Coast Guard's decision on water hazard fee and if
prohibition or injunction in accordance with Chapter 8. 6 or 7 of may
be appealed to the District Court which is Lake of the place ought to be Chair
where the device at the Coast Guard has notified the
decision under appeal has its headquarters. Law (2001:1294).
paragraph 4 of the decision is to be made subject to anyone under this law may
not subject to appeal. The same applies to decisions given in
Transportation Board or the coast guard, which, according to what
Government appoints, shall be subject to any of the Board of Directors
as well as the Coast Guard's decision to refuse to accept the offered
safety for water hazard fee. Law (2008:1364).
section 5 in respect of legal proceedings relating to the decision on the imposition of
water hazard fee applies, mutatis mutandis, the provisions of
the code of judicial procedure concerning the prosecution of offences in which cannot follow more difficult
penalty than fines.
The first subparagraph shall apply also in respect of legal proceedings relating to
prohibition or injunction in accordance with Chapter 8. 6 or 7 §. In the case of
the proceedings before the District Court, however, the provisions of chapter 52. 2, 3
and 5-12 of the code of judicial procedure, mutatis mutandis. The provisions
in doing so, the Court refers to case rather than the District Court.
The provisions of the code of judicial procedure on seizure in criminal matters applies in
the relevant parts of the objectives referred to in the first subparagraph.
Public prosecutor represents the State in the case before the Court regarding decisions of
the Coast Guard has been appealed under section 3. Lag (1988:437).
section 6 of the Coast Guard's decision and court judgment of
water hazard fee charged must be enforced immediately, unless otherwise
appointment or security for the fulfilment of the obligation. If
enforcement applies in all other respects the provisions of the enforcement code
If the general objective. Foreclosure property may not be sold without the debtor's
consent, until the decision or judgment has become final.
Other decisions on matters referred to in 1--8 Cape. effective immediately, if not
otherwise provided for in the decision. In the case of decisions shall be subject to
Transportation Board or the coast guard, the Transport Board or
the coast guard order that the decision not to stand.
Law (2008:1364).
section 7 A of electro-water hazard fee lapses in so far as
enforcement has not occurred within ten years from the decision won
the force of law.
10 Cape. Liability, etc.
section 1 to the fine or imprisonment of up to two years is convicted the
intentionally or negligently violate the prohibitions that apply
According to Chapter 2. paragraph 2 of the first paragraph or to Chapter 2. paragraph 4, or to
a regulation has been issued pursuant to Chapter 2. section 2 of the other
paragraph or Chapter 2. section 3, unless the Act is punishable by
harsher penalties in the criminal code or the Swedish environmental code.
Law (2001:1294).
2 § to fine or imprisonment of up to two years is convicted the master,
If he or she intentionally or negligently breach in
the oversight needed to discharge shall not be in breach
with this law or regulations issued pursuant
the law. If the master has delegated responsibility for supervision
of the Management Board of harmful substances to another command
or if a particular officer has such liability as a result of
the nature of the service, to what now has been said in the
correspondingly the command. Law (2001:1294).
section 3 to a fine or imprisonment not exceeding one year are judged on that
intentionally or negligently violates
1. a regulation on the limitation or prohibition of traffic
or lightering of harmful substances given pursuant
Chapter 7. § 1 or 2,
2. the prohibition or injunction in the case of a ship which has
issued under Chapter 7. 4 or 5 sections,
3. a prohibition in the case of a ship which has been communicated pursuant to
of Chapter 7. section 6, or regulations issued pursuant
Chapter 7. section 6 (a), or
4. a decision on the ban for ships that call at American ports
has been issued pursuant to Regulation (EC) No 417/2002 on the
accelerated phasing-in of double-hull or equivalent requirements
construction of single-hull oil tankers.
Lag (2003:366).
4 § To fines or imprisonment of up to six months is sentenced
1. a person who in contravention of a regulation which has been communicated pursuant to
of Chapter 3. 8 § 1 wrongfully fails to
leave waste containing oil or other harmful substances
to a reception facility;
2. a commander who intentionally or negligently uses
a ship in violation of a ban has been issued on the basis of
Chapter 4. section 2,
3. a person who willfully or negligently violates a
Regulation
(a)) on the management of harmful substances given pursuant
Chapter 4. section 3,
(b)) on the diaries and other documents delivered with the support
of Chapter 5. paragraph 1, or
(c)) on the obligation to report emissions and other events
or to provide information which has been communicated pursuant to Chapter 7.
section 3,
4. a person who willfully violates the provision in Chapter 5. section 2 of the
the first paragraph on the obligation to keep a diary and other
documents available,
5. a vessel or owner who willfully or
negligence, fails to ensure that the vessel undergoes such
inspection as specified in Chapter 6. § 1. Law (2001:1294).
5 § to fine convicted
1. any person who willfully violates this prohibition to charge fee for
the reception, processing or other handling of waste under 3
Cape. paragraph 4(1) or section 5 or against a regulation which
has been issued pursuant to Chapter 3. paragraph 4, second subparagraph,
2. a person who willfully or negligently fails to provide
data referred to in Chapter 3. section 6, or violates a
prohibition on loading, repair or other activity according to 3
Cape. section 6 or in breach of a regulation which has been issued with
under that paragraph,
3. a person who knowingly makes a misrepresentation to a
supervisory authority in order to obtain a certificate that is issued with
virtue of this Act or for the duration of a
such a certificate is extended,
4. a commander who willfully or negligently violates
for a regulation on the labelling of oil which has been issued with
under Chapter 7. section 11 of the first subparagraph,
5. a person who willfully or negligently fails to in
advance of any drop off of the waste according to regulations that have
issued pursuant to Chapter 3. 8 § 2. Law (2001:1294).
6 § 1. Release a harmful substance out in contravention of a prohibition
under Chapter 2. paragraph 2 of the first paragraph or to Chapter 2. 4 §
or contrary to a regulation which has been issued with the support of 2
Cape. 2 paragraph or Chapter 2. section 3,
2. overrides a rule given by virtue of 4
Cape. 2 or 3 section or Chapter 7. § 1 or 2,
3. violated a prohibition or an injunction is overridden as
has been issued pursuant to Chapter 7. 4 or 5 sections,
4. violated a ban that has been issued pursuant to Chapter 7.
section 6, or regulations issued pursuant to Chapter 7.
6 a of,
5. the overriding of a rule that has been granted on the basis of 7
Cape. section 11 of the first subparagraph, or
6. uses a vessel in contravention of a decision which has been notified to the
pursuant to Regulation (EC) No 417/2002 on the accelerated
introduction of double-hull or equivalent design
for single hull oil tankers,
or owner of the ship shall be liable as if he himself had committed
the deed, if he failed to do what it could reasonably
required of him to prevent the incident.
Lag (2003:366).
7 § Breaks someone against a prohibition or injunction under 7
Cape. 4, 5 or 6 (b) section, which has United with a penalty, he shall not
be responsible. Law (2001:1294).
§ 8 matters of responsibility for offences referred to in this law, or if
compensation for measures carried out in accordance with Chapter 7. § 9
are handled by the District Court is the competent court in accordance with the
the code of judicial procedure or under Chapter 21. 1, 2 and 8 of the maritime law
(1994:1009).
If an offence referred to in this Act was committed on a Swedish
ship off the Swedish territorial waters, the criminal prosecution
be brought even when the Court whose judicial district closest to the
place where the crime was perpetrated.
If an offence referred to in this Act was committed in a foreign
ship off the Swedish Harbour, criminal prosecution be instituted even at
the Court, whose jurisdiction includes or is closest to the
place where the crime was perpetrated. Law (2001:1294).
section 9 of the offences under this Act which has been committed outside Swedish single
water on a ship registered in a foreign State is
Special provisions in the Act (1996:517) on the restriction of the
the application of Swedish law with regard to certain offences committed in
foreign ships. Law (1996:527).
section 10 If an offence under 1, 2, 3 or 4 sections have been committed on a
foreign ships in Sweden's economic zone, is sentenced in Swedish
Court even if Chapter 2. 2 or 3 of the Penal Code is not
applicable.
If an offence under section 1 or 2 has been committed in a foreign
ships in internal waters of another State, territorial seas or
economic zone is convicted by a Swedish court even if Chapter 2. 2 or
paragraph 3 of the criminal code is not applicable if
1. the offence has brought about or is likely to cause
pollution within the internal waters, territorial sea or in Swedish
the Swedish economic zone, and
2. the ship has voluntarily entered the Swedish port.
If an offence under section 1 or 2 has been committed in a foreign
ships on the high seas is convicted by a Swedish court even if Chapter 2.
2 or 3 of the criminal code is not applicable if the ship
have voluntarily entered the Swedish port.
The first-third paragraphs also applies if
the Act could give rise to liability under the criminal code or
the environmental code. Law (2006:1318).
section 11 of the prosecution of an offence referred to in section 10 may be brought only
1. If the offence relates to a prohibited discharges and this has resulted in
significant damage to the Swedish coast or
contiguous interests or assets in Swedish
territorial waters or exclusive economic zone, or
2. If the State in which the vessel is registered, within six
months of the date on which the State has been informed of the offence has opened
legal procedures to impose penalties for
the Act, or
3. If the State in which the vessel is registered on repeated
occasions have failed to comply with their obligations to
take action in respect of breaches committed in its
ships.
The prosecution of offences referred to in the first paragraph, in some case,
be instituted only after the appointment of the Government or the
authority authorised by the Government to the provisions of Chapter 2. paragraph 5 of the
the Penal Code. Law (2001:1294).
section 12 as set out in Chapter 23. section 4 of the Penal Code concerning incitement and
aiding and abetting crimes shall apply in respect of an offence that is
as a criminal offence under this Act even if the prison can not be judged
out of the Act by virtue of the provisions of the Act (1996:517)
on the limitation of the application of Swedish law with regard to certain
offences committed on foreign ships. Law (2006:1318).
11 kap. The preliminary investigation
General provisions
section 1 of this chapter provides for investigation of
violation of the provisions of this law or regulations
has been notified pursuant to this Act.
The provisions of this chapter apply even if the acts
referred to in the first subparagraph may give rise to liability under the criminal code
or the Swedish environmental code.
Unless otherwise specifically provided for applies to procedural code
rules and other provisions for the investigation in General
and if coercive measures. Law (2001:1294).
section 2 of an official at the Coast Guard has the same powers as
a police officer has under Chapter 23. section 3, third subparagraph
the code of judicial procedure to hold hearings and take other
investigative measures in respect of the offences referred to in paragraph 1 before
the preliminary investigation has been initiated.
The provisions of Chapter 23. section 8 of the code of judicial procedure if the power
for a police officer to bring someone to the hearing also applies to a
an official at the coast guard in response to the crimes referred to
in section 1.
Measures referred to in the first and second subparagraphs shall promptly
be notified to the person who has the right to lead the investigation.
Law (2001:1294).
section 3 of the terms of the public prosecutor and Police the right to
enlist the assistance of the coast guard and to instruct a
an official at the coast guard to take specific action
in the investigation of offences referred to in paragraph 1 of the
stated in section 7 of the Act (1982:395) if the Coast Guard's participation in
police surveillance. Law (2014:722).
Preliminary investigation on the occasion of the release
section 4 of the coast guard may decide to initiate preliminary investigation
If violation of bans imposed by Chapter 2. section 2, first paragraph
or to Chapter 2. 4 § or against a regulation which has been notified to the
pursuant to Chapter 2. 2 paragraph or Chapter 2. section 3. The
powers and duties-patient basis has
According to the code of judicial procedure applicable in such a case
The coast guard.
The coast guard shall appoint special officers for
performance of the tasks referred to in the first subparagraph.
The Prosecutor shall take over the management of the investigation as soon as
any reasonably suspected of the crime. The Prosecutor shall
in other cases, take over the management of the investigation when
appropriate for specific reasons. Law (2001:1294).
Arrest
§ 5, an official at the Coast Guard has the same power
as a police officer under Chapter 24. section 7 of the code of judicial procedure that
seize the suspected of offences referred to in paragraph 1. Operation
shall promptly be reported to the public prosecutor. It provided for in
the rest of the code of judicial procedure concerning the powers and duties of the
relation to the arrested applies to the officer in
the same extent as that of a police officer, as well as, if
The coast guard is leading the investigation, for the coast guard
to the same extent as for police. Law (2014:722).
The seizure
section 6, an official at the Coast Guard has the same powers as
a police officer has, pursuant to Chapter 27. section 4 of the code of judicial procedure to take
items seized following the offences referred to in paragraph 1.
If a seizure is executed without the-patient basis
or the Prosecutor has decided about the seizure, a notification
promptly be made to-patient basis or the Prosecutor who
shall immediately ascertain whether the seizure shall be continued. Law (2001:1294).
The search warrant, etc.
7 § Searches may be undertaken even if the penalty for the offence
only be determined by a fine as a result of the provisions of
Act (1996:517) on the limitation of the application of Swedish law
in the case of certain offences committed on foreign ships.
An official at the Coast Guard has the same power as a
police officer under Chapter 28. paragraph 5 of the code of judicial procedure to undertake
search warrant in respect of the offences referred to in paragraph 1. Operation
shall be notified promptly to the person who has the right to manage
the preliminary investigation. Law (2001:1294).
section 8, an official at the Coast Guard has the same powers as
a police officer has under Chapter 28. section 10 of the code of judicial procedure to do
a study on the occasion of the offences referred to in paragraph 1.
The measure shall be notified promptly to the person who has the right to manage
the preliminary investigation. Law (2001:1294).
Action against foreign vessels
§ 9 decision to hold hearing pursuant to Chapter 23. or if that
use of coercive measures in accordance with Chapter 24-28. the code of judicial procedure on board
on a foreign vessel that is outside of the Swedish internal
water shall be communicated by the Prosecutor or the Court.
In case of danger in delay, an official at the coast guard or
a police officer is empowered to take action pursuant to the first subparagraph,
If the action is such that a coast guard officer or
police officer otherwise may decide about it under this chapter or
According to the code of judicial procedure. The action shall be promptly notified to the
the Prosecutor, who shall immediately rule on actions
in respect of the ship. Law (2001:1294).
section 10 on board a foreign vessel in Swedish
territorial sea, measures referred to in section 9 shall be taken only if
There is reasonable cause to believe that a prohibited discharges
has occurred from the ship within the territorial waters of Sweden or to
the ship in Swedish waters has committed a crime that
referred to in Chapter 10. 3 or 4 of the.
If the discharge has occurred from a foreign vessel in Swedish
economic zone, regarding the right to take measures
provided for in paragraphs 11 and 12. Law (2001:1294).
section 11 on board a foreign vessel in Swedish
territorial sea or exclusive economic zone, measures referred to in
§ 9 taken by reason of a discharge in the exclusive economic zone
only
1. If it is established that there has been a prohibited discharges
from the ship, and
2. This release has caused or could cause significant damage
on the Swedish coastline or related interests
or on assets within Swedish territorial waters, or in
Sweden's economic zone.
Notwithstanding the first subparagraph, interrogation under 23
Chapter, the seizure pursuant to Chapter 27. in the form of oil sample or
search according to Chapter 28. section 1 of the code of judicial procedure to be conducted if:
There is reasonable cause to believe that there has been a
prohibited discharges from the ship in the exclusive economic zone and
1. the spill has caused or may cause significant pollution
of the marine environment, and
2. the master of the vessel has refused to provide information on
the ship's identity and port of registry, last and next
ports of call or any other relevant information which has
requested, or have provided information that is obviously not
consistent with real-world conditions, and
3. an intervention against the ship is called for by the circumstances
in all other respects. Law (2001:1294).
section 12 of the measures referred to in section 9 shall, in addition to 10
and 11 sections, taken against a foreign vessel
outside Sweden's territorial waters if the conditions set out
in 10 or 11 of the existence and the ship has been the subject of
immediate pursuit. The right to immediate pursuit
ends when the vessel enters the territorial sea of another State.
Law (2001:1294).
section 13 in respect of a foreign vessel in such a certificate
referred to in Chapter 4. § 1 or equivalent document issued
by the competent foreign authorities and carrying documents
referred to in Chapter 5. section 1 will those documents be reviewed before other
investigative measures are taken. When the documents have been reviewed,
an action referred to in section 9 shall be taken only if the examination of the
the documents are not sufficient to confirm a suspicion
If the vessel has committed such an offence referred to in
§ 1. Law (2001:1294).
Detention of ships, etc.
section 14 of an official of the coast guard or a police officer may
stop a ship and holding it during the time needed
to keep hearing pursuant to Chapter 23. the code of judicial procedure or
use a coercive measures under Chapter 24-28. the code of judicial procedure.
If the manifest is needed for the measure to be taken,
the ship also brought into the harbour.
A ship left for reasons set out in section 11, second subparagraph
the vessel may be introduced to port unless it clearly needed
in order for a search warrant. The ship shall
then immediately be allowed to resign, if not after
search conditions according to section 11, first subparagraph
to take any further action.
There are no longer grounds for action shall immediately
be lifted. Law (2001:1294).
Reporting to the flag State
section 15 If an action in respect of a foreign vessel has been taken
by virtue of this chapter, the Consul or the nearest
diplomatic representative of the State in which the vessel is
registered (the flag State) is informed immediately about the operation and
the circumstances surrounding this. Such notification shall, when so
is possible, also be submitted to the maritime authority in the same State.
Instituted prosecutions for offences referred to in paragraph 1 and have the crime committed on
a foreign vessel in Swedish territorial waters or economic
zone, the flag State is informed of the indictment on the way
specified in the first subparagraph. Law (2001:1294).
section 16 Has an investigation been launched about the violation of a provision
prohibiting the discharge of oil or other harmful substances and
It can reasonably be expected that the crime was committed on a ship
registered in a foreign State, Government or the
authority that the Government consider whether the State should
be informed of the violation and shall be submitted to the investigation in order
to the prosecution, instead, shall be made where the (flag State).
The Government or the authority that the Government appoints Announces
regulations related to flag State report on illegal discharges of
harmful substances and related to flag State report in respect of the other crimes
referred to in paragraph 1. Law (2001:1294).
Miscellaneous
section 17 of 6 and 8 of the Act (1982:395) if
The Coast Guard's participation in police monitoring also applies to
for the purposes of this chapter. Law (2001:1294).
Transitional provisions
1983:57
This law shall enter into force on 1 January 1983. In the case of fee for
reception or treatment of oily ballast water or tank pol
which was delivered before the entry into force, however, Chapter 3. 4 section in their older
version.
1983:463
This law shall enter into force on 1 January 1984.
The provisions of Chapter 8. applied only in the case of infringements
have taken place after the entry into force.
1985:217
This law shall enter into force on 1 July 1985. In the case of a penalty that has
However, before the older provisions prior to the entry into force
still.
1986:1185
This law shall enter into force on 1 January 1987. In the case of decisions
granted prior to the entry into force, however, older regulations.
1994:1796
This law shall enter into force on 1 January 1995. In terms of emissions
occurred prior to the entry into force applies to Chapter 8. section 3 of its older version.
1995:52
This law shall enter into force on 1 april 1995. Order issued before
entry into force, subject to appeal under the old rules.
1995:1085
1. this law shall enter into force on the day the Government determines.
2. When the Act (1973:1198) on civil liability for oil damage at sea
applied, Chapter 7. paragraph 6 shall apply in their older version.
2001:1294
1. this law shall enter into force on 1 February 2002.
2. for discharges that occurred prior to the entry into force applies to Chapter 8. 2
and 3 of its older version.
2008:1364
This law shall enter into force on 1 January 2009. For the purposes of
7 a of the administrative judicial procedure Act (1971:291) shall
The Swedish Transport Agency instead of the maritime administration shall be the
individual counterparty, if the Board of directors after the entry into force is
jurisdiction to deal with the kind of question that is the subject of
trial.