A comparative study of safety at sea regulation in Russia and Norway

1. A comparative study of safety at sea regulation in Russia and Norway Alla Pozdnakova Post. doc. Scandinavian Institute of Maritime Law

2. The need to protect marine environment in the North • Norway: between EU and Russia • Implements EU safety measures in sea transport • Participates in the regional arrangements (Paris MOU) • Established bilateral cooperation with Russia • Effective safety regulation at the regional and domestic level is essential for the protection of the marine environment • What is the Russian approach to safety at sea (environmental dimension)?

3. Ship-source pollution (overview of Russian legal acts) • MARPOL 73/78 contains general principles and leaves many issues open • Russian federal lawsrelevant for environmental safety (open list) • Merchant Shipping Code • Law on the Protection of Environment (2002) • Laws regulating maritime zones (internal waters, territorial sea, EEZ) • Law on Seaports • Administrative Code, Criminal Code • Other (sub-ordinate) legal acts (orders, instructions etc)

4. Unlawful discharges from ships • Law onInternal and Territorial Waters and Contiguous zone, Art 37: “any” discharge (a broad list of examples) for “any reasons” is prohibited • Deliberate and accidental • Whether by intent, recklessly or serious negligence • Law on Exclusive Economic Zone, Art 30: • The same as in territorial sea but taking regard to international treaties • Government adopts normatives in line with international agreements (Decrees on prohibited/allowed discharges) • High seas?

5. Who is liable for unlawful discharge? • Law on Internal and Territorial Waters, Art 40: • liability of officials of federal executive institutions • as well as natural and legal persons under Russian law • Law on EEZ, Art 40: • federal officials only for infringements relating to licensing • persons are liable for marine pollution under Russian law • Russia provides for sanctions for the pollution of marine environment: Criminal Code Art. 252 • Persons who have an obligation to ensure environmental safety (?)

6. MSC Art 61: Master of a ship has an obligation to protect marine environment • Harbour master (MSC Art 74 et seq) is responsible for safety in the port and that vessels calling/sailing are safe

7. Shipowner? • Order by MinTrans (1994) to implement ISM Code • Classification societies? • Law on the Protection of Environment • obligation to protect environment of a very broad scope • applies in territorial sea and EEZ including shipping activities

8. ”Law in action”: how are the rules enforced in practice? • MARPOL • Domestic rules • Complex institutional structure of federal executive institutions in the maritime field (many actors with different functions) • Accident investigation system: • Statute on Classification, Investigation and Registration of Incidents with Ships (1989, amended 1994) • Unsatisfactory accident investigation in practice – too lengthy etc

9. Role of Russian seaports in safety • FS Control of vessels in Russian ports • Blame for some serious accidents with Russian flagged vessels • In principle, no uniform regulation of FS of Russian ships in Russian ports • Merchant Shiping Code, Law on Seaports • PSC: Paris Memorandum of Understanding • Is it necessary to extend cooperation/information sharing between Norway and Russia on PSC?

10. Ports/places of refuge: a Russian approach • Law on Internal Waters, Territorial Sea and Contiguous Zone, Art 9 • In Russia, right to seek shelter for vessels in distress is not unlimited and may inter alia exclude pre-pollution situations • Harmonization between European and Russian approach is very important