Summary of INSROP Working Paper No. 20-1995, IV.3.2: The Northern Sea Route. Conditions for Sailing according to European Community Legislation - with special emphasis on port State jurisdiction.
By Peter Ørebech, Norwegian College of Fisheries Science, University of Tromsø, Norway.
The report deals with the safety requirements applicable to ships flying the flag of non-member states when docking in an EU or EEA Member State harbour. The main issue is to analyze whether Community shipping law addresses member States so as to unify domestic legislation versus third state ships, including substandard ships, those arriving from the Asian Far East along the International Northern Sea Route (NSR) as well - when docking in an EU or EEA harbour. In which way does Community Law, by unifying port State legislation, contribute to the elimination of "ports of convenience"? Is Community Law the "light in the tunnel", the only possible instrument capable of preventing substandard ships from taking charter parties to and from any of the EU or EEA harbours, including ships sailing along the NSR?
The report depicts the Community port State legal situation, (including legislation as well as enforcement) with special emphasis on the classes of legal persons affected (see Chapter 1 & 2). Other legislation - domestic and international law - is relevant as well, but not dealt with in the present work.
As the International Law of the Sea (See UNCLOS Article 218) does not prevent port States from making investigations and instituting proceedings in respect of any violation of applicable international rules and standards related to discharge from a vessel which is voluntarily within the port of the enforcing state, irrespective of the area outside that port State, be it internal sea, territorial sea or Exclusive Economic Zone (EEZ), incidents taking place during the NSR transportation are subject to Community port State enforcement. The Community is free to direct member States in any aspect within these framework, legislation as well as surveillance and enforcement. For this reason, I also discuss member States' enforcement power (Chapter 3).