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Law No. 4037 on ship-source pollution, the introduction of penalties for infringements and other provisions, in compliance with Directive 2005/35/EC as amended by Directive 2009/123/EC.

Country/Territory
Greece
Document type
Legislation
Date
2012
Source
FAO, FAOLEX
Original source
Efimeris tis Kyverniseos No. 10, Part I, 30 January 2012, pp. 81-87.
Subject
Sea, Environment gen.
Keyword
Marine pollution Pollution control Offences/penalties Maritime zone EEZ-Exclusive Economic Zone High seas Territorial sea Oil pollution
Geographical area
Europe, Europe and Central Asia, European Union Countries, Mediterranean, Southern Europe
Entry into force notes
The provisions of the law shall enter into force as from the day of its publication on the Official Gazette.
Abstract

The law aims at harmonizing the Greek legislative framework with Directive 2005/35/EC as amended by Directive 2009/123/EC. In compliance with the aforementioned Directives, the law establishes the imposition of penalties for discharges of polluting substances from ships. The law is supplemented by detailed rules on criminal and administrative offences and penalties (as referred to in article 6 and 8 respectively) in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships. The Greek courts have jurisdiction over discharges of polluting substances which occurred in: (a) the internal waters, including ports, of a Member State, in so far as the Marpol regime is applicable; (b) the territorial sea of a Member State; (c) straits used for international navigation subject to the regime of transit passage, as laid down in Part III, section 2, of the 1982 United Nations Convention on the Law of the Sea, to the extent that a Member State exercises jurisdiction over such straits; (d) the exclusive economic zone or equivalent zone of a Member State, established in accordance with international law; and (e) the high seas. The courts of Piraeus will have jurisdiction over the aforementioned categories, in case no other Greek court is declared to have a specific geographical jurisdiction.

Full text
Greek
Website
www.et.gr

References - Legislation

Implements

Directive 2005/35/EC of the European Parliament and of the Council on ship-source pollution and on the introduction of penalties for infringements.

Legislation | European Union | 2005

Keyword: Marine pollution, Pollution control, Offences/penalties, Maritime zone, EEZ-Exclusive Economic Zone, High seas, Territorial sea, Oil pollution, Freshwater pollution, Navigation, Liability/compensation

Source: FAO, FAOLEX