Marine Pollution from Ships

Protecting the marine environment from ship pollution is a fundamental part of the Kingdom of Saudi Arabia’s efforts to preserve marine resources and achieve sustainable development. The Kingdom recognizes the importance of protecting these marine resources and the necessity of preserving them within the framework of Vision 2030, which aims to improve quality of life and enhance environmental sustainability. To this end, the Kingdom acceded to the International Convention for the Prevention of Pollution from Ships (MARPOL) of 1973, by Royal Decree No. M/33 dated 1/6/1425 AH, and issued an executive regulation for this convention. (1)

Definition of Marine Pollution from Ships

Marine pollution is defined as the direct or indirect introduction by humans of substances or energy into the marine environment that causes harmful effects. Examples of such harmful effects include damage to living resources, risks to human health, disruption of marine activities (including fishing), deterioration of seawater quality, and reduction in its usability and services (2).

Key Penalties Imposed on Ships in Cases of Marine Pollution

The implementing regulations of the International Convention for the Prevention of Pollution from Ships (MARPOL) of 1973 outline several penalties for violating ships, including:

1. Preventive Seizure of the Ship:

Ships causing marine pollution are required to bear the costs of the damages resulting from this pollution, which constitutes a maritime lien on the ship. To enforce this maritime lien, the ship may be subjected to preventive seizure through a judicial order issued by the competent court (3)(4).

1. Financial Fines:

Substantial fines are imposed on ships that violate the regulations for preventing marine pollution or fail to comply with the implementing regulations of MARPOL. For example: A fine of SAR 50,000 is imposed on a ship failing to control oil discharges into the sea (5). A fine of SAR 40,000 is imposed on a ship lacking a sewage disposal system, improperly disposing of garbage outside designated areas, or failing to meet specific requirements for garbage disposal (6).

1. Deregistration of the Ship and Revocation of the Navigation License:

The implementing regulations of MARPOL authorize the Public Transport Authority—represented by its maritime sector or its branches, representatives, or authorized entities—to deregister any ship that violates the requirements of the regulations or MARPOL. The authority may also revoke the navigation license of the offending ship (7).

The Role of the National Center for Environmental Compliance (NCEC)

The National Center for Environmental Compliance was established in 2020 to monitor the compliance of all developmental activities with approved environmental regulations, standards, and requirements. The Center develops environmental regulations and requirements, ensures the enforcement of environmental laws and regulations, and plays a key role in protecting marine and coastal environments, preserving biodiversity, and implementing the Environmental Law and its implementing regulations (8).

Sources:

1. Implementing Regulations of the International Convention for the Prevention of Pollution from Ships (MARPOL), issued under Decision No. 185/43/1 by the President of the Public Transport Authority, dated 24/5/1443 AH.
2. Definition of marine pollution, FAO of the United Nations, The State of World Fisheries and Aquaculture 2020: Sustainability in Action.
3. Paragraph 1 of Article (75) of the Commercial Maritime Law of 1440 AH, issued under Royal Decree No. M/33 dated 5/4/1440 AH.
4. Article (74) of the Commercial Maritime Law.
5. Paragraph (10) of the Violation and Penalty Schedule of the Implementing Regulations of MARPOL.
6. Paragraphs (24) and (25) of the Violation and Penalty Schedule of the Implementing Regulations of MARPOL.
7. Violation and Penalty Schedule of the Implementing Regulations of MARPOL.
8. Official website of the National Center for Environmental Compliance, “About the Center,” <gov.sa>.