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Law (1980:424) Concerning Action To Combat Pollution From Ships

Original Language Title: Lag (1980:424) om åtgärder mot förorening från fartyg

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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.