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3. Regulations, responsibilities and measures

Regulations, policies and measures that address the problem of acute plastic pollution, or could be utilised as a framework to address this, are divided here into four levels. There is the global dimension, the EU dimension, the overarching regional Nordic/Scandinavian dimension that includes e.g. the regional seas conventions, and finally the national dimension of the different Nordic countries, including the roles and responsibilities of governmental as well as some non-governmental actors.

3.1 The global dimension: organisations, goals and treaties

3.1.1 United Nations Environment Programme (UNEP)

The importance of marine pollution was reaffirmed during the United Nations Environment Programme’s Ministerial Assembly in 2017, where it was stated that: “…it is our commitment to working towards a pollution-free planet for the health and well-being of our people and the environment.” It is acknowledged however, that it will be a long-term endeavour (United Nations, 2017c). During the same gathering special attention was paid to marine pollution, which led to resolution UNEP/EA.3/Res.7 on Marine Litter and Microplastics (United Nations, 2017a). In the resolution, the importance of SDG 14 on “Life Below Water” and its target 14.1 is reaffirmed, especially because the assembly: “noted with concern the high and rapidly increasing levels of marine plastic litter and the expected increase in negative effects on marine biodiversity, ecosystems, animal well-being, fisheries, maritime transport, recreation and tourism, local societies and economies, and the urgent need for strengthened knowledge of the levels and effects of microplastics and nano plastics on marine ecosystems, seafood and human health” (United Nations, 2017a).
To encourage member states to develop and implement appropriate actions to re­duce waste and manage waste better, a declaration was endorsed (United Nations, 2019a) and during the same meeting a resolution to decrease the environmental impact of single-use plastic products was adopted (United Nations, 2019b). The resolution encourages and invites stakeholders to take appropriate action, but it does not set binding rules to do so. Other umbrella organisations voiced their concern regarding marine litter and especially microlitter such as microbeads (for example,  the Secretariat of the Pacific Regional Environment Programme (2017). The G20 countries also developed policies, such as the “Implementation Framework for Actions on Marine Plastic Litter”, which is a voluntary scheme (G20, 2019).
One of the results of the increased awareness is the Global Partnership on Marine Litter (GPML)- a multi-stakeholder partnership which provides a unique mechanism to bring together all actors working on marine litter and plastic pollution prevention to share knowledge and experience and advance solutions with respect to this pressing global issue. The GPML was launched at the 2012 United Nations Conference on Sustainable Development (Rio+20) in response to a number of previous meetings. The GPML is led by a Steering Committee and the United Nations Environment Programme (UNEP) provides Secretariat services (United Nations Environment Programme, 2021). As well as the focus on pollution, and especially pollution of the environment by plastics, specific regulations apply to behaviour at sea and the transportation of goods.

3.1.2 The International Maritime Organization (IMO)

Due to a number of tragic events, the need for the establishment of an international organisation that deals with navigation issues arose. As a result the International Maritime Organization (IMO) was established in 1948. IMO is a United Nations agency with responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships (IMO, 2022a). The organisation is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that covers all aspects of international shipping, in order to ensure that the sector remains safe and environmentally sound (IMO, 2022a). One of the many examples of regulatory frameworks created by IMO is the MARPOL convention.
The organization consists of an Assembly, a Council and five main Committees: the Maritime Safety Committee; the Marine Environment Protection Committee; the Legal Committee; the Technical Cooperation Committee and the Facilitation Committee, plus a number of Sub-Committees that support the work of the main technical committees (IMO, 2022b). Apart from this there are the Legal Committee, the Technical Cooperation Committee, the Facilitation Committee that works on eliminating unnecessary formalities in international shipping by implementing all aspects of the Convention on Facilitation of International Maritime Traffic 1965 and any relevant issues concerning the facilitation of international maritime traffic. The linking pin is IMO’s Secretariat based at IMO’s headquarters in London. Apart from this global structure, IMO is also present in 5 regions to facilitate technical cooperation activities (IMO, 2022b).
IMO’s Assembly is the highest Governing Body of the Organization. It consists of all Member States and it meets once every two years in regular sessions, but may also meet in an extraordinary session if necessary. The Assembly is responsible for approving the work programme, voting the budget and determining the financial arrangements of the Organization. The Assembly also elects the Council. The Council is the Executive Organ of IMO and is responsible, under the Assembly, for supervising the work of the Organization (IMO, 2022b).


Maritime Safety Committee (MSC)

Within IMO the MSC is the highest (technical) organ, which comprises all Member States (IMO, 2022b). The Maritime Safety Committee (MSC) deals with all matters related to maritime safety and maritime security, part of the scope of IMO aiming at both passenger ships and cargo ships. The Maritime Safety Committee adopts amendments to conventions and includes all Member States as well as other countries when needed (IMO, 2022b). Conventions included are e.g. the SOLAS Convention and related codes which deal with safety and dangerous goods; amendments to the STCW Convention on training and certification of seafarers and updating of the Global Maritime Distress and Safety System (GMDSS) (IMO, 2022c).


The Marine Environment Protection Committee (MEPC)

Like the MSC, the MEPC consists of all contracting Member States. The Committee deals with topics related to prevention and control of pollution from ships. It works specifically on the adoption and amendment of regulations, conventions and measures ensuring their enforcement (IMO, 2022b).


Sub-Committees

For the implementation of their tasks, both the MSC and MEPC are assisted by a number of sub-committees. Those sub-committees are also open to IMO’s Member States, the following sub-committees are present:
  • Sub-Committee on Human Element, Training and Watchkeeping (HTW);
  • Sub-Committee on Implementation of IMO Instruments (III);
  • Sub-Committee on Navigation, Communications and Search and Rescue (NCSR);
  • Sub-Committee on Pollution Prevention and Response (PPR);
  • Sub-Committee on Ship Design and Construction (SDC);
  • Sub-Committee on Ship Systems and Equipment (SSE);
  • Sub-Committee on Carriage of Cargoes and Containers (CCC) (IMO, 2022b).
Of these sub-committees two are especially important regarding pollution, its prevention and response, and therefore further described below.


Sub-Committee on Pollution Prevention and Response (PPR)

IMO’s sub-committee on Pollution Prevention and Response (PPR) deals with all matters in relation to pollution prevention and response that fall within IMO’s remit. The scope ranges from the MARPOL Convention to the control and management of harmful aquatic organisms in ships' ballast water and sediments; biofouling; anti-fouling system; pollution preparedness, response and cooperation for oil and hazardous and noxious substances; and the safe and environmentally sound recycling of ships. The Working Group on the Evaluation of Safety and Pollution Hazards of Chemicals works under the auspices of the PPR Sub-Committee (IMO, 2022d). The 9th session of IMO´s Sub-Committee on Pollution Prevention and Response (PPR) on 4–8 April 2022 supported a proposal from Norway to develop the HNS response guidelines based in the inter-regional manual and to develop guidelines on best practice related to clean-up of plastic pellets. Norway is now leading an IMO PPR correspondence group, instructed to further consider the options for reducing the risk and advice the Sub-Committee on the way forward (IMO, 2022; Bonn Agreement, 2022b).


Sub-Committee on Carriage of Cargoes and Containers (CCC)

The Sub-Committee on Carriage of Cargoes and Containers (CCC) deals with the carriage of packaged dangerous goods, solid bulk cargoes, bulk gas cargoes, and containers. The Sub-Committee keeps the International Maritime Solid Bulk Cargoes Code (IMSBC Code) and the International Maritime Dangerous Goods (IMDG) Code updated. It also reviews other Codes including the International Code of Safety for Ships using Gases or other Low-flashpoint Fuels (IGF Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code). The Sub-Committee closely collaborates with other UN bodies dealing with the multimodal transport of goods (IMO, 2022f).


3.1.3 Sustainable Development Goal 14

According to a UN gathering of Heads of State and Governments and other high-level representatives, the oceans are valued as being of great importance to our planet, since those key stakeholders "…are mobilized by a strong conviction that our ocean is critical to our shared future and common humanity in all its diversity” (United Nations, 2017b). That is why the General Assembly of the United Nations included earlier in its 2015 resolution on sustainable development a specific goal, goal 14: “Conserve and sustainably use of the oceans, seas and marine resources for sustainable development”. This goal pays specific attention to marine pollution by introducing target 14.1, that states: “By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution” (United Nations, 2015a). A plan of action is attached to this resolution (United Nations, 2015b). To measure the magnitude of pollution by both nutrients and plastics and the effect of actions taken to address this, specific indicators were created: 14.1.1 (a) Index of coastal eutrophication; and (b) plastic debris density (United Nations, 2015c).


3.1.4 Global legally binding agreement on plastic pollution – under preparation

An important new development is that the United Nations are preparing an international instrument to address plastic pollution from 2024 onwards. “The United Nations Environmental Assembly decided that the intergovernmental negotiating committee is to develop an international legally binding instrument on plastic pollution, including in the marine environment, henceforth referred to as “the instrument”, which could include both binding and voluntary approaches, based on a comprehensive approach that addresses the full life cycle of plastic, taking into UNEP/EA.5/Res.14 3 account, among other things, the principles of the Rio Declaration on Environment and Development, as well as national circumstances and capabilities (...)” (UN, 2022b). As a result, in order to take addressing plastic pollution a step further, a UN Plastic Pollution Treaty is being prepared, that will also address microplastics. This will become an international legally binding instrument on plastic pollution, that includes the marine environment. The first meeting to discuss this action, to implement Resolution UNEP/EA.5/Res.14 that is entitled ”End plastic pollution: Towards an international legally binding instrument” (UN, 2022b) took place in Uruguay from 28 November to 2 December 2022.


3.1.5 Convention on the Law of the Non-navigational Uses of International Watercourses

The introductory text of the convention on its scope states that the convention applies to uses of international watercourses and of their waters for purposes other than navigation and to measures of protection, preservation and management related to the uses of those watercourses and their waters. Additionally, it says that the uses of international watercourses for navigation is not within the scope of the present Convention except insofar as other uses affect navigation or are affected by navigation (UN, 2014).
Article 20 Protection and preservation of ecosystems
Watercourse States shall, individually and, where appropriate, jointly, protect and preserve the ecosystems of international watercourses.  
Article 21 Prevention, reduction and control of pollution
  1. For the purpose of this article, “pollution of an international watercourse” means any detrimental alteration in the composition or quality of the waters of an international watercourse that results directly or indirectly from human conduct.
  2. Watercourse States shall, individually and, where appropriate, jointly, prevent, reduce and control the pollution of an international watercourse that may cause significant harm to other watercourse States or to their environment, including harm to human health or safety, to the use of the waters for any beneficial purpose or to the living resources of the watercourse. Watercourse States shall take steps to harmonize their policies in this connection.
  3. Watercourse States shall, at the request of any of them, consult with a view to arriving at mutually agreeable measures and methods to prevent, reduce and control pollution of an international watercourse, such as:
    1. Setting joint water quality objectives and criteria;
    2. Establishing techniques and practices to address pollution from point and non -point sources; 
    3. Establishing lists of substances the introduction of which into the waters of an international watercourse is to be prohibited, limited, investigated or monitored.

Article 23 Protection and preservation of the marine environment
Watercourse States shall, individually and, where appropriate, in cooperation with other States, take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards. (UN, 2014)


3.1.6 The United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea, UNCLOS for short, is a multilateral treaty agreed upon during the third United Nations Conference on the Law of the Sea (UNCLOS III) (which was organised between 1973 and 1982). The Convention defines and codifies the standards and principles of international maritime law, inherited from customary international law relating to maritime affairs and are expressed to a great extent in the United Nations Charter and current international maritime law norms, such as the Geneva Conventions of 1958. The Convention also created the International Court of the Law of the Sea, competent to hear disputes relating to the interpretation and application of the treaty (UNCLOS, 2022).
Amongst many topics, UNCLOS also addresses marine pollution. The most relevant articles are presented below (UNCLOS, 2022): 
Article 1.4 states: ""pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities”.
Article 195 on “Measures to prevent, reduce and control pollution of the marine environment” states:
  1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection.
  2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, andthat pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.
  3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent:
    1. the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping;
    2. pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels;
    3. pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices;
    4. pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices.
  4. In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of their duties in conformity with this Convention.
  5. The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life.

Article 195 on “duty not to transfer damage or hazards or transform one type of pollution into another” states: “In taking measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to transfer, directly or indirectly, damage or hazards from one area to another or transform one type of pollution into another.”
Article 198 on “Notification of imminent or actual damage” states: when a State becomes aware of cases in which the marine environment is in imminent danger of being damaged or has been damaged by pollution, it shall immediately notify other States it deems likely to be affected by such damage, as well as the competent international organizations.
Article 202 on “Scientific and technical assistance to developing States” states: States shall, directly or through competent international organizations:
  1. promote programmes of scientific, educational, technical and other assistance to developing States for the protection and preservation of the marine environment and the prevention, reduction and control of marine pollution. Such assistance shall include, inter alia:
    1. training of their scientific and technical personnel;
    2. facilitating their participation in relevant international programmes;
    3. supplying them with necessary equipment and facilities;
    4. enhancing their capacity to manufacture such equipment;
    5. advice on and developing facilities for research, monitoring, educational and other programmes;
  2. provide appropriate assistance, especially to developing States, for the minimization of the effects of major incidents which may cause serious pollution of the marine environment;
  3. provide appropriate assistance, especially to developing States, concerning the preparation of environmental assessments.

Article 203 on “Preferential treatment for developing States” states: Developing States shall, for the purposes of prevention, reduction and control of pollution of the marine environment or minimization of its effects, be granted preference by international organizations in:
  1. the allocation of appropriate funds and technical assistance; and
  2. the utilization of their specialized services.

Article 204 “Monitoring of the risks or effects of pollution” states:
  1. States shall, consistent with the rights of other States, endeavour, as far as practicable, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by recognized scientific methods, the risks or effects of pollution of the marine environment.
  2. In particular, States shall keep under surveillance the effects of any activities that they permit or in which they engage in order to determine whether these activities are likely to pollute the marine environment.

Articles 213–233 on “Enforcement” are also linked to pollution.
Article 235 on: “Responsibility and liability” states:
  1. States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law.
  2. States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction.
  3. With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds (UNCLOS, 2022).


3.1.7 The International Convention for the Prevention of Pollution from Ships (MARPOL)

The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. The convention was adopted on 2 November 1973 at IMO (IMO, 1973). MARPOL was updated by amendments over time. (IMO, 2022g).
In addition to the main text of the Convention are currently VI annexes addressing specific types of pollution:
  • Annex I Regulations for the Prevention of Pollution by Oil (entered into force 2 October 1983)
  • Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk  (entered into force 2 October 1983)
  • Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form (entered into force 1 July 1992)
  • Annex IV Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003)
  • Annex V Prevention of Pollution by Garbage from Ships (entered into force 31 December 1988)
  • Annex VI Prevention of  Air Pollution from Ships (entered into force 19 May 2005) (IMO, 2022g).

MARPOL’s Annex III contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications. With regard to this Annex, “harmful substances” are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria in the Appendix of Annex III (IMO, 2023). This Annex could offer an opportunity regarding addressing plastic items like pellets when included.
Annex V prohibits the discharge of all types of garbage into the sea unless explicitly permitted under the Annex (IMO, 1973). Guidelines (MARPOL, 2017) were developed to assist:
  1. Governments in developing and enacting domestic laws which implement MARPOL Annex V;
  2. Shipowners, ship operators, ships' crews, cargo owners and equipment manufacturers in complying with requirements set forth in MARPOL Annex V and relevant domestic laws; and
  3. Port and terminal operators in assessing the need for, and providing, adequate reception facilities for garbage generated on all types of ships. In the interest of uniformity, Governments are requested to refer to these Guidelines and related guidance developed by the Organization when developing and enforcing appropriate national regulations (IMO, 2017).

Annex V is amongst others about waste minimization, handling materials that could become wastes and discharging of waste, including plastic waste, by ships. It has a link to port reception. Regulation 3.2 of MARPOL.
Annex V prohibits the discharge of all plastics into the sea. Fishing gear is included as well (IMO, 2017).
Dumping of waste including plastics is addressed but acute plastic pollution as such is not addressed.


3.1.8 The International Maritime Dangerous Goods (IMDG) Code

The code urges Governments which have not hitherto implemented the IMDG Code to adopt it as the basis of their national regulations on this matter in order to ensure safe and unobstructed international transport of dangerous, hazardous and harmful cargoes, including environmentally hazardous substances (marine pollutants) and wastes, by sea (IMO, 2019). There are 9 types of dangerous substances listed (ICHCA, 2020), including: explosives, gases, flammable liquids, flammable solids, oxidizing substances and organic peroxides, toxic and infectious substances, radioactive material, corrosives. Most importantly to this project is chapter 9, which is on miscellaneous dangerous substances and articles (class 9) and environmentally hazardous substances (IMO, 1991). Plastics and plastic products are not included in the list for which class 9 would be most suitable.


3.1.9 International Maritime Solid Bulk Cargoes (IMSBC) Code

The International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention) deals with various aspects of maritime safety. It provides the mandatory provisions governing the carriage of solid bulk cargoes and the carriage of dangerous goods in solid form in bulk. These provisions are amplified in the International Maritime Solid Bulk Cargoes Code (IMSBC Code) (IMO, 2008). The IMCBC deals with: general loading, carriage and unloading precautions (section 2), safety of personnel and ship (section 3), materials possessing chemical hazards (section 9) and the carriage of solid wastes in bulk (section 10). Furthermore, for substances it refers to the cargo categorised as ‘dangerous goods in solid form in bulk’ by SOLAS regulation VII/7 (IMO, 2008).


3.1.10 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS)

The HNS Convention applies to:
  1. any damage caused in the territory, including the territorial sea, of a State Party;
  2. to damage by contamination of the environment caused in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
  3. to damage, other than damage by contamination of the environment, caused outside the territory, including the territorial sea, of any State, if this damage has been caused by a substance carried on board a ship registered in a State Party or, in the case of an unregistered ship, on board a ship entitled to fly the flag of a State Party; and
  4. to preventive measures, wherever taken, to prevent or minimize such damage as referred to in (a), (b) and (c) above (HNS Convention, 2010).


3.1.11 Other international treaties

Other international treaties that were reviewed but were not regarded sufficiently relevant, include:
  • The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (SBC, 2020)
  • Convention on Biological Diversity (CBD) (CBD, 2022b; CBD, 2013)
  • The International Convention for the Safety of Life at Sea (SOLAS) (IMO, 1998)
  • The Stockholm Convention on Persistent Organic Pollutants (POPs) (Stockholm Convention, 2022a)


3.1.12 Plastics Industry: Operation Clean Sweep

The plastics industry is well aware of the problem of pellet loss to the environment. It has developed a campaign including procedures to address the problem, entitled “Operation Clean Sweep”. It is a voluntary free programme on international level aimed at improving awareness, promoting best practices and providing guidance and tools to support companies from the plastics value chain to address the problem of plastic pellets loss (Operation Clean Sweep, 2022a). To this end there is the Operation Clean Sweep manual with clearly defined actions, comprising five basic steps for managing pellet loss:
  1. Commit to making "zero pellet loss" a priority
  2. Assess the company’s situation and needs
  3. Make needed upgrades in facilities and equipment as appropriate
  4. Raise employee awareness and create accountability
  5. Follow up and enforce procedures (Plastics Europe, n.d.).
Plastic producing or handling companies that want to join have to show commitment first by signing a pledge document. Next actions like an assessment of the site, upgrading of facilities and equipment, trainings of staff, attention to loading, packaging and handling of plastics, and providing tools for limiting pellet loss have to be implemented. Attention to plastic dust and powder is paid as well (Plastics Europe, n.d.). The manual is written for implementation level and provides concrete and tangible actions. It is however implemented on a voluntary basis. A number of plastic producing and handling companies and their associations in the Nordic region have signed Operation Clean Sweep’s pledge, thus implementing measures to limit pellet loss. Those include the Danish Plastics Federation (DK), Innovation and Chemical Industries (SE) and the European Plastic Pipes and Fittings Association (TEPPFA, NO) (PlasticsEurope, 2019).


3.1.13 Global level – summary and conclusions

As presented in this section the number of international agreements and policies at UN or international level on pollution is considerable. However, most of those do not address acute plastic pollution or are of a voluntary nature and not binding. Examples are the Global Partnership on Marine Litter (GPML) and at a smaller geographic level, G20’s “Implementation Framework for Actions on Marine Plastic Litter” which encourages relevant stakeholders to take action. More strict regulations are included in UNCLOS Article 198 which is on: “Notification of imminent or actual damage” from one state to another and Article 202.b on: “Scientific and technical assistance to developing States” states that States shall: provide appropriate assistance, especially to developing States, for the minimization of the effects of major incidents which may cause serious pollution of the marine environment. Consistent with the rights of other states, there are also obligations to monitor the risks or effects of pollution of the marine environment (Article 204). This provides a framework for cooperation, but does not address acute plastic pollution as such.
Of importance to imposing rules to prevent or cure pollution is the International Maritime Organization (IMO). The organization has a regulatory framework for the shipping industry, and its Marine Environment Protection Committee (MEPC) is of importance for environmental protection. The MARPOL convention is binding, but does not apply to plastics specifically but to other pollutants. However, in addition and rather recently, a number of developments have been initiated. During the 9th session of 28 January 2022 of IMO’s Sub-Committee on Pollution Prevention and Response on the Follow-Up Work Emanating From The Action Plan To Address Marine Plastic Litter from Ships, several proposals were discussed, including:
PPR/9/15/1:  
Proposed amendments to the criteria for the identification of harmful substances in package form – Classification of plastic pellets
PPR/9/15/2:
IMO guidelines on best practice related to clean-up of plastic pellets
PPR/0/15/4:
Safely managing the transport of plastic pellets at sea
PPR/9/INF.20:
Experience from the plastic pellets incident Trans Carrier, focusing on shoreline clean-up methods: included already at Trans Carrier

If pellets are labelled as dangerous goods in the various UN agreements and included (for example) in MARPOL, The International Maritime Dangerous Goods (IMDG) Code or International Maritime Solid Bulk Cargoes (IMSBC) Code or The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal; acute plastic pollution could be addressed more stringently. In conclusion, there is no organisational framework on the coordination of activities in the chain that currently applies at UN level. Preparations for such a framework are underway by implementation of Resolution UNEP/EA.5/Res.14 that is entitled ”End plastic pollution: Towards an international legally binding instrument”. This will take time and it is not known whether acute plastic pollution will be included in the final version.

3.2 The European dimension: organisations and EU Directives

3.2.1 European Maritime Safety Agency (EMSA)

In the European Union there is a regulatory agency originated in the late 1990s alongside a number of other major European maritime safety initiatives. This agency, the European Maritime Safety Agency (EMSA) was established by Regulation (EC) No 1406/2002 (EMSA, 2023a). It was established in the wake of two mayor oil spill events and it aims on the prevention of pollution of ships in European waters (EMSA, 2023b). It deals e.g. with oil pollution response, underwater noise, ballast water and anti-fouling (EMSA, 2023b). It is intended as a major source of support to the Commission and the Member States in the field of maritime safety and prevention of pollution from ships, and subsequent amendments have refined and enlarged its mandate (EMSA, 2023a). The organisation works amongst other categories on shipping safety and sustainability, prevention of pollution by ships and operational pollution response services (EMSA, 2023c) but prevention and clean-ups of acute plastic pollution events are not part of its tasks yet.


3.2.2 Water Framework Directive (WFD)

An important example of European legislation that addresses water quality is the Water Framework Directive. It is a complex Directive that links to a large number of other environmental policy documents like e.g. the Marine Strategy Framework Directive and the Birds and Habitats Directives. The purpose of the Directive is to establish a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. In terms of the definition of water bodies, there is overlap the Marine Strategy Framework Directive regarding “marine” transitional and coastal waters. Thus, this Directive applies to the marine environment as well. Stated in Article 1 of the Directive is that it:
  1. prevents further deterioration and protects and enhances the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on the aquatic ecosystems;
  2. promotes sustainable water use based on a long-term protection of available water resources;
  3. aims at enhanced protection and improvement of the aquatic environment, inter alia, through specific measures for the progressive reduction of discharges, emissions and losses of priority substances and the cessation or phasing-out of discharges, emissions and losses of the priority hazardous substances;
  4. ensures the progressive reduction of pollution of groundwater and prevents its further pollution,
  5. contributes to mitigating the effects of floods and droughts and thereby contributes to:
    "the provision of the sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use, a significant reduction in pollution of groundwater, the protection of territorial and marine waters, and achieving the objectives of relevant international agreements, including those which aim to prevent and eliminate pollution of the marine environment, by community action under Article 16(3) to cease or phase out discharges, emissions and losses of priority hazardous substances, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances." (EU, 2000)
Article 4 states that “For surface water, Member States shall implement the necessary measures to prevent deterioration of the status of all bodies of surface water (…)". Furthermore, Article 4.5.b states: “Member States ensure, for surface water, the highest ecological and chemical status possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution", (EU, 2000). River Basin Management Plans need to be established (that include transitional and coastal waters as well) and Plans of Measures need to be drafted. For the objectives it defines the characterisation of surface water body types, type-specific reference conditions for surface water body types, Quality elements of water types, Identification of Pressures, Assessment of Impact and the Ecological Status of Waters. This applies to both freshwater bodies (including groundwater) and transitional, coastal and marine waters. For the determination of the ecological and chemical quality status of waters, “other pollutants” are mentioned.
A Plan of Measures is obligatory of which an overview of requirements is provided in Annex VI of the Directive. There is a strong linkage to measures included under the following Directives: (i) The Bathing Water Directive (76/160/EEC); (ii) The Birds Directive (79/409/EEC) ( 1); (iii) The Drinking Water Directive (80/778/EEC) as amended by Directive (98/83/EC); (iv) The Major Accidents (Seveso) Directive (96/82/EC) ( 2); (v) The Environmental Impact Assessment Directive (85/337/EEC) ( 3); (vi) The Sewage Sludge Directive (86/278/EEC) ( 4); (vii) The Urban Waste-Water Treatment Directive (91/271/EEC); (viii) The Plant Protection Products Directive (91/414/EEC); (ix) The Nitrates Directive (91/676/EEC); (x) The Habitats Directive (92/43/EEC) ( 5); (xi) The Integrated Pollution Prevention Control Directive (96/61/EC (EU, 2000). However, more measures may be applied when needed, according to Annex VI.B (EU, 2000). There is overlap with the Marine Strategy Framework Directive regarding transitional and coastal waters and protected areas.


3.2.3 Marine Strategy Framework Directive (MSFD)

According to Article 1.1 of the Marine Strategy Framework Directive, it: “establishes a framework within which Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment by the year 2020 at the latest”. For this purpose the Environmental Status needs to be assessed and Marine Strategies with associated Plans of Measures and Monitoring Programmes shall be developed and implemented to protect the marine environment and prevent its deterioration or when possible restore marine ecosystems when adversely affected. Also, it needs to be ensured that inputs into the marine environment are prevented and reduced to ensure that no significant impacts on risk to marine biodiversity, marine ecosystems, human health or legitimate uses of the sea occur. In defined marine regions (e.g. like Baltic Sea, North-east Atlantic Ocean, Greater North Sea including the Kattegat) cooperation between countries is encouraged. There are 11 descriptors of the marine environment defined of which descriptor 10 is on Marine Litter. Marine Litter is also included in Annex III, table 2 on Indicative Lists of Characteristics, Pressures and Impacts, under pressures and impacts, labelled “other physical disturbance” (EU, 2000). There is overlap with the Water Framework Directive regarding transitional and coastal waters and protected areas. Measures on addressing marine litter can be applied when needed in the framework of this Directive.


3.2.4 Other EU Directives

Other EU Directives that were reviewed but not considered sufficiently relevant to this study were:
  • Packaging Directive 94/62/EC (EU, 1994).
  • Port Reception Facilities Directive (PRF) (EU, 2019a).
  • Single Use Plastics Directive (SUP) (EU, 2019b).
  • Waste Directive (WD) (EU, 2008b).


3.2.5 European level – summary and conclusions

Karlsson et al. (2018) focusses in a report from the University of Gothenburg on pollution caused by industrial pellets production, and it states that there are no existing international frameworks or European (EU) laws that specifically address plastic pollution due to industrial spills. It is also rare that pellet spills are directly regulated on national levels. However, the report suggests that there is other legislation on environmental protection on international, European and national level that could be applicable, and exemplifies inter alia the EU’s Packaging Directive and Marine Strategy Framework Directive and IMO’s MARPOL Convention. The European Union has a number of Directives and Framework Directives that define how plans and measures to protect the environment have to be drafted, implemented and monitored. Important examples are the Water Framework Directive and the Marine Strategy Framework Directive. The EU Water Framework Directive describes measures to be taken for the protection of inland surface waters, transitional waters, coastal waters and groundwater. The Directive stipulates River Basin Management Plans and associated Plans of Measures for EU Member States. Article 3 is specifically on coordination of administrative arrangements within river basin districts, including cooperation between countries in so called River Basin Districts. There are lists of “Pollutants”, “Priority Substances” and “Hazardous Priority Substances” that need to be addressed. Plastics are not part of any of those lists, and the way to address acute plastic pollution and the stakeholders that should be involved is not included either.
The Marine Strategy Framework Directive defines Marine Strategies, Plans of Measures and Monitoring Programmes, and includes a specific descriptor: “Marine Litter”. Regarding measures for the longer term, Article 13 MSFD states:
  1. Member States shall consider the implications of their programmes of measures on waters beyond their marine waters in order to minimise the risk of damage to, and if possible have a positive impact on, those waters.
  2. Member States shall notify the Commission and any other Member State concerned of their programmes of measures, within three months of their establishment.
Thus, cooperation with, or at least informing, other states is included, but this is not on addressing acute (plastic) pollution which has no official status.


3.3 The regional dimension: regional policies and conventions on (plastic) pollution

The Nordic region is covered by two regional sea conventions, HELCOM and OSPAR. Two organisations involving the Nordic countries, the Arctic Council and the Nordic Council of Ministers, have maritime pollution on their agendas. In addition, there are regional agreements on cooperation in combatting marine pollution, the Bonn Agreement and the Copenhagen Agreement. All these organisations and instruments are described in this section. An initiative of an NGO is described as well.


3.3.1 Helsinki Convention (HELCOM)

The Convention on the Protection of the Marine Environment of the Baltic Sea Area, also known as the Helsinki Convention, was signed in 1974 by all Baltic Sea coastal countries and entered into force on 3 May 1980. The Convention was updated in 1992 following the geopolitical changes and taking into account emerging environmental challenges in the region. The Convention was extended to ten Contracting Parties, namely Denmark, Estonia, the European Union, Finland, Germany, Latvia, Lithuania, Poland, Russia and Sweden. The updated Helsinki Convention entered into force on 17 January 2000. The Convention is amended whenever deemed necessary, the latest amendment is from 2014. The Convention aims at the protection of the Baltic Sea from all sources of pollution from land, air and sea. It also commits the signatories to take measures on conserving habitats and biological diversity and for the sustainable use of marine resources. It covers the whole of the Baltic Sea area, including inland waters as well as the water of the sea itself and the seabed. Measures are also taken in the whole catchment area of the Baltic Sea to reduce land-based pollution (HELCOM, 2022a).
Seven annexes are appended to the Helsinki Convention:
  1. Harmful substances
  2. Criteria for the use of Best Environmental Practice and Best Available Technology
  3. Criteria and measures concerning the prevention of pollution from land-based sources
  4. Prevention of pollution from ships.
  5. Exemptions from the general prohibition of dumping of waste and other matter in the Baltic Sea Area
  6. Prevention of pollution from offshore activities
  7. Response to pollution incidents (HELCOM, 2022b).

Annex IV on the prevention of pollution from ships stipulates that the Contracting Parties shall co-operate within the IMO and in the effective and harmonized implementation of IMO rules. It includes a regulation on the mutual assistance in investigating violations of anti-pollution legislation (HELCOM, 2022c). Annex VII contains provisions on the mutual information/notification, cooperation and assistance between the coastal sea states in response to significant pollution incidents in the Baltic Sea (HELCOM, 2022d).
Pursuant to the Convention, the Helsinki Commission, HELCOM, was established. It meets annually to adopt recommendations and other key decisions in relation to the convention. Ministerial meetings are normally held every three years. The chairmanship rotates between the parties on a two-year basis. A secretariat, based in Helsinki, coordinates the work. There are also five permanent and three temporary working groups. Two of the working groups are of particular relevance in the context of this report:
  • The Maritime WG works to prevent any pollution from ships – including deliberate operational discharges as well as accidental pollution. 
  • The Response WG works to ensure a swift national and international response to maritime pollution incidents and coordinates aerial surveillance of shipping in the Baltic Sea (HELCOM, 2022e).
A Baltic Sea Action Plan was adopted in 2007 and revised in 2021. It mentions several aspects of pollution from ships and of marine litter including plastics. The preamble “stresses the continued need to safeguard the safety of navigation with a view to preventing accidents and thereby also minimize the risk of accidental pollution from ship”. One objective of the sea-based activities goal is “safe maritime traffic without accidental pollution” and the sea-based activities section includes several actions on maritime safety in general and on the prevention of pollution from ships:
  • S10: Further develop regional preparedness and response-related services by e.g., investigating options for upgrading SeaTrack Web to include live data feed in order to improve oil spill trajectory prognoses no later than by 2027. Investigate options to prepare SeaTrack Web for integration with the Clean Sea Net satellite detection service
  • S11: Conduct a feasibility study by 2022 for, and as appropriate, undertake a risk analysis for oil and hazardous and noxious substances (HNS) pollution of the marine environment in the Baltic Sea area by 2025. (Finland, Sweden, Denmark, and the secretariat are coordinating this work)
  • S12: Develop a framework for holistic/integrated management of marine pollution incidents to enable coordinated response operations at sea and on shore by 2025 (HELCOM, 2021a).
The Ministerial Meeting in October 2021 also adopted a revised regional action plan on marine litter (RAP-ML), where plastic pollution from lost cargo is addressed in action RS4:
  • Investigate the problem with cargo losses causing plastic littering of the marine environment and based on the findings, together with national competent authorities, consider developing a common guidelines for accident management taking into account ongoing work within the IMO and EU” and where the specific issue of plastic pellets is addressed in action RS5:
  • Investigate the problem caused by spills of plastic pellets from ships and based on the findings, consider developing common guidelines for accident management in such events” (HELCOM, 2021b).
HELCOM has issued a manual to be used as guidance and help for bi- and multilateral co-operation and participation in joint actions. Focus is on spillages of oil and other harmful substances. The manual provides details on operational co-operation, as well as general arrangements in a joint operation, including national contact points, guidelines for co-operation, procedures for requesting and providing assistance and the administrative support a requesting party should be able to give, the pollution reporting system, information on aerial surveillance and oiled wildlife response, response exercises and exercise planning, evaluation and reporting, financial aspects, etc. (HELCOM, 2021c). Joint response exercises are taking place annually.


3.3.2 Oslo-Paris Convention (OSPAR)

OSPAR is the mechanism by which 15 governments and the EU cooperate to protect the marine environment of the North-East Atlantic. The fifteen governments are Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, The Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, and United Kingdom. OSPAR started in 1972 with the Oslo Convention against dumping and was broadened to cover land-based sources of marine pollution and the offshore industry by the Paris Convention of 1974. These two conventions were unified, updated and extended by the 1992 OSPAR Convention.  Organized in a way similar to HELCOM, there is an OSPAR Commission who adopts binding decisions and recommendations and issues publications. The Commission holds annual meetings, less frequent ministerial meetings, it has several committees and working groups and it is coordinated by a secretariat in London. One of OSPAR’s committees deals with the impact of human activities. Under this committee there is an intersessional correspondence group on marine litter (ICG-ML) (OSPAR, 2022a). Geographically overlapping with the Bonn Agreement, the OSPAR has a broader thematic scope. The two entities share the same secretariat in order to coordinate work and to avoid duplication.
On 1 October 2021, OSPAR’s Ministerial Meeting adopted a new North-East Atlantic Environment Strategy (NEAES) 2030. One of its twelve strategic objectives, number 4, addresses marine litter: “Prevent inputs of and significantly reduce marine litter, including microplastics, in the marine environment to reach levels that do not cause adverse effects to the marine and coastal environment with the ultimate aim of eliminating inputs of litter”.
This strategic objective is followed by operational objectives:
  • an updated regional action plan on marine litter by 2022
  • improved evidence base on the harm in relation to marine litter by 2023 with the aim of developing and agreeing actions and measures to reduce harm by 2025
  • a 50% reduction by 2025 and a 75% reduction by 2030 of the prevalence of the most commonly found single-use plastic items and of maritime-related plastic items on beaches
  • the development by 2023 of additional regionally coordinated quantitative reduction targets for all marine litter on beaches
  • the adoption by 2025 of programmes and measures to control and, where appropriate, phase out plastic from materials placed at sea for the purposes of marine infrastructure developments
  • the development by 2027 of measures to control, and where possible, phase out discharges of plastic substances, including microplastics, contained in chemicals from offshore sources
  • the development by 2025 of approaches to prevent and reduce riverine marine litter inputs
  • the development and implementation by 2025 of measures to substantially reduce marine litter from fishing and aquaculture gear (OSPAR, 2021).
In 2014 OSPAR adopted its first regional action plan on marine litter (RAP-ML). An updated plan was adopted and launched in June 2022 and is described as the main instrument to deliver strategic objective 4 of the NEAES and the related operational objectives. The action plan includes 25 actions subdivided into land-based sources, sea-based sources and cross-cutting issues. One action, C.1.1, addresses the acute plastic pollution issue: “Prevent microplastic pollution resulting from plastic pellet, powder and flake loss”. The Netherlands and United Kingdom have the lead on this action, supported by Denmark, France, Germany, KIMO and Seas at Risk (OSPAR, 2022b).
In 2018, OSPAR presented a background document that described and quantified the problem of pre-production plastic pellet loss. The document also discussed measures to prevent the problem and suggested that “it may be most effective to support the development and implementation of voluntary actions by industry, to be followed after a number of years by legislative action if voluntary action fails to effect change”.  As specific examples of areas where measures could be taken, the document suggested to adopt a supply chain approach, to introduce supply chain certification schemes, monitoring programmes, auditing schemes, training and awareness raising (OSPAR, 2018).
OSPAR is undertaking a project together with France (CEDRE) to improve knowledge on the impacts of spills of plastic pellets in the environment and on possible response techniques. The project is nationally funded by France. Plastic pellets are lost at every stage of the transport chain and authorities need information on their characterisation, behaviour, and recovery. Incidents such as MSC Zoe in 2019, Trans Carrier in 2020 and X-Press Pearl in 2021 has resulted in massive releases of plastic pellets into the marine environment. The project will address information exchange with manufacturers, a literature review, tests, adaptation of models and an inventory of plastic pellets incidents (Bonn Agreement, 2022b).


3.3.3 Arctic Council

The Arctic Council is the leading intergovernmental forum promoting cooperation, coordination and interaction among the Arctic States, Arctic Indigenous peoples and other Arctic inhabitants on common Arctic issues. This concerns in particular issues of sustainable development and environmental protection in the Arctic. The council was formally established in 1996 and was preceded by the Arctic Environmental Protection Strategy (June 1991). Its members are Canada, the Kingdom of Denmark (including Greenland and the Faroe Islands), Finland, Iceland, Norway, Russia, Sweden and the United States. Six organizations representing Arctic Indigenous Peoples have a status as Permanent Participants (Arctic Council, 2022a).
There are six working groups in the Arctic Council, one of them called “Emergency Prevention, Preparedness and Response” (EPPR). Extreme climate conditions and limited infrastructure in the
Arctic call for international cooperation and careful pre-planning of prevention, preparedness and response actions. The group’s main tasks are to:
  • Develop guidance and risk assessment methodologies;
  • Exchange information and best practices regarding prevention, preparedness and response to accidents and threats from unintentional releases of pollutants and radionuclides, and to natural disasters;
  • Coordinate response exercises and training;
  • Maintain the operational guidelines for two of the legally binding agreements negotiated under the auspices of the Arctic Council, agreements on Search and Rescue (SAR) and Cooperation on Marine Oil Pollution Preparedness and Response (MOSPA) (Arctic Council, 2022b).
Another working group, AMAP, the Arctic Monitoring and Assessment Programme, is now preparing the first monitoring plan on microplastics and litter in the entire Arctic ecosystem (Arctic Monitoring and Assessment Programme, 2022). The PAME working group (Protection of the Arctic Marine Environment) deals with shipping and marine pollution.
In May 2021, The Arctic Council’s Ministerial Meeting adopted a Regional Action Plan on Marine Litter in the Arctic. The eight themes of the action plan are:
  1. Reducing Marine Litter Inputs from Fisheries and Aquaculture
  2. Reducing Marine Litter Inputs from Ships and Offshore Structures
  3. Improving Onshore Waste and Wastewater Management
  4. Sustainable Materials Management in the Arctic Environment
  5. Cleaning Arctic Coasts
  6. Strengthening Monitoring and Research
  7. Outreach
  8. International Cooperation  

There are no actions in the plan specifically addressing acute plastic pollution, although the plan mentions that “accidents involving ships, which can include loss of containers, are also known sources of marine litter” (Arctic Council, 2021).


3.3.4 Nordic Council of Ministers

In 2017, The Nordic Council of Ministers adopted a programme to reduce the environmental impact of plastic. One of the six strategic areas is called “Co-operation on measures to stop plastic waste in the seas and find cost-effective clean-up solutions”. The objectives of this strategic area are mainly about enhancing knowledge. Knowledge about the sources of plastic waste in the seas in order to create a basis for targeted preventive measures. Knowledge about cost-effective and environmentally sound clean-up solutions and support to cleaning up Nordic coastal areas. Knowledge and exchange about the prevention of plastic littering by maritime industries in co-operation with these industries. The program­me also expresses joint support for decisions and action plans adopted by e.g., the UN, HELCOM, OSPAR, the Arctic Council and the EU (Nordisk Ministerråd, 2017).
In April 2019, the Nordic Ministers for the Environment and Climate adopted a declaration on the call for a global agreement to combat marine plastic litter and microplastics. The text refers to UNEA resolutions 3/7 and 4/7 and SDG 14, stresses that strengthened action is urgently needed to prevent further discharge and reduce levels of marine plastic litter and microplastic in the marine environment and calls for the development of a global agreement to deal more effectively and comprehensively with the issue of marine plastic litter and microplastics on a global level in an integrated manner (Nordisk Ministerråd, 2019).


3.3.5 Bonn Agreement

To limit acute oil or chemical pollution in the North Sea, all countries bordering the sea have concluded an agreement on mutual warning, assistance and environmental surveillance.  The official name is ‘Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances’. The agreement was signed in 1969 in Bonn by Belgium, Denmark, France, Germany, the Netherlands, Norway, Sweden, and the United Kingdom. In 1983 the EU joined a revised agreement, in 1987 air surveillance was included. Ireland (2010) and Spain (2019) have also joined the agreement. The agreement itself outlines the legal basis for the organisation and its work. It stipulates the areas that the cooperation will cover and how Contracting Parties should act within the agreement in the case of pollution. (Bonn Agreement 2019)
In 2019 the Bonn Agreement celebrated its 50 Anniversary with its second Ministerial Meeting. Ministers adopted the Bonn Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019–2025. The BASAP is regularly updated to meet new and anticipated challenges to the Marine Environment (Bonn Agreement, 2019).
To achieve its vision the Bonn Agreement has agreed the following Strategic Aims that are translated into concrete operational objectives:
  • Prevention of illegal and accidental pollution by collaboration and collective enforcement of international maritime pollution rules and standards, including the compliance of MARPOL Annexes
  • Promotion and establishment of efficient emergency preparedness
  • Organisation of optimum response capacities
Operational objectives include adequate surveillance of shipping, common approaches in the compliance monitoring of MARPOL Annexes, efficient gathering of evidence in case of pollution incidents and ensuring awareness of national contingency systems and strategies. Furthermore, maintaining the adequate level of training of response staff and cooperation between combating units of the Contracting Parties and the preparedness for efficient multinational combating operations. In the Technical Addendum strategic actions are described, which e.g., includes maintaining contacts with HELCOM and OSPAR, enhancing readiness to receive/offer/transit international assistance making use of the EU Host Nation Support Guidelines and plan and undertake regional and sub-regional operational exercises and training and joint operational combat exercises in relation to regional strategic training needs (Bonn Agreement 2019).
Over the years, the Bonn Agreement has adopted several decisions to facilitate joint operations to combat pollution or to put the Bonn Agreement into practice. These decisions and other practical information are contained in the Bonn Agreement Counter Pollution Manual. The Bonn Agreement technical working group OTSOPA keeps the Manual under review to ensure that best available technologies are being used. (Bonn Agreement 2022a) The Agreement does not aim at acute plastic pollution, but according to the summary from the technical OTSOPA working group meeting in Gent, 22–25 May 2022, “discussions were held on emerging issues such as plastic pellets spills” (Bonn Agreement, 2022b).


3.3.6 Copenhagen Agreement

The Nordic agreement about Cooperation concerning Pollution Control of the Sea after Contamination by Oil or other Harmful Substances, in short the Copenhagen Agreement, was signed in 1971 and in a revised form in 1993 by the governments of Denmark, Finland, Iceland, Norway and Sweden. Greenland and the Faroe Islands joined in 1998 as part of the Danish delegation. The agreement concerns cooperation in the areas of monitoring, investigation, reporting, production of evidence, pollution control, assistance, unhindered frontier crossing for rescue vehicles and equipment, reimbursement, compensation and exchange of information related to cases of pollution with oil or other hazardous substances “which constitutes a serious and imminent threat to the essential interests of one or more Parties” (Copenhagen Agreement, 1993). The Parties meet in annual plenary meetings and in a working group (Copenhagen Agreement, 2002a). The chairmanship and secretariat circulate between the countries. Norway will chair the cooperation for two years from October 2022. Finland is host of the secretariat in 2022 and 2023. The agreement is accompanied by a detailed manual, the plan for cooperation, which is a living document with guidelines for cooperation between two or more countries in operations to combat marine pollution as defined in the agreement (Copenhagen Agreement, 2022a).
The focus of the Copenhagen Agreement is “oil and harmful substances” (the latter sometimes called “chemical discharges” in the manual). However, at the working group meeting in 2021 Norway informed about the recent pellets and paraffin incidents, mentioned that legislation regarding harmful substances differs between the Nordic countries. This could lead to different approaches to reporting and compensation. Norway asked for the Copenhagen Agreement to take a closer look at definitions and implementation in national legislation regarding harmful substances other than oil (Copenhagen Agreement 2022b, agenda point 10.6).


3.3.7 Sub-regional response plans

Within some of the agreements mentioned above, there are also joint zones of responsibility where joint exercises between two or more countries are held under bilateral or trilateral agreements. Examples of such agreements are DENGERNETH between Denmark, Germany and the Netherlands in the North Sea and SWEDENGER between Sweden, Denmark and Germany in the Baltic Sea.


3.3.8 Cleanup cooperation on regional level

Nordic Coastal Cleanup is a collaborative project between eight Nordic partners who together aim to contribute to the work against marine litter in the Nordic region: CSR Greenland, Keep Denmark Tidy (Hold Danmark Rent), Keep Norway Beautiful, Keep Sweden Tidy, World Wide Friends (Iceland), Keep the Archipelago Tidy (Finland), Rudda Føroyar (Faroe Island) and Städa Åland. The main aim of the Nordic Coastal Cleanup is to mobilize volunteers and pick litter from beaches along the coast and inland along rivers and lakes throughout the Nordic countries. One annual event is the Nordic Coastal Clean-up Day on the first Saturday in May. The organisation also seeks to fill the knowledge gap of the sources of marine litter in the Nordic countries by conducting beach monitoring and data collection (Nordic Coastal Cleanup, 2022).


3.3.9 Regional level – summary and conclusions

At regional seas level several concrete actions have been taken to address acute pollution, for example the Helsinki Convention’s Annex VII is on the Response to pollution incidents (HELCOM, 2022b). However, this is not specific on acute plastic pollution. The same applies to the Baltic Sea Action plan. The problem is mentioned but actions focus on investigation of the problem of plastic spillage and the development of common guidelines for accident management. OSPAR included acute plastic pollution in its Regional Action Plan on Marine Litter. Again, the focus is on voluntary measures like in the 2018 background document on pre-production pellet loss.
Bonn Agreement, Copenhagen Agreement and the Arctic Council, in addition to the Helsinki Agreement, have very concrete plans for preparedness, international coordination and joint action in case of acute pollution. Although the focus of these plans is not on acute plastic pollution, they can help to inform the development of specific plans to address acute plastic pollution events and pellet spills.

3.4 National level: legislation and responsibilities

All countries in the Nordic region have regulations on oil pollution and pollution with hazardous substances, but the legislation is normally based on IMO/MARPOL definitions and therefore do not cover plastics. Subsequently, apart from Norway, the situation seems rather vague when it comes to responsibilities, preparedness and budget among national agencies to act swiftly in a case of acute plastic pollution. Individual municipalities will be in the frontline of clean-up operations, but their preparedness differs a lot and it is not very clear how and to what extent they can receive practical, financial or legal assistance from the national level in such cases. If a massive pellets pollution will take place, there is an obvious risk that the cleanup process will be delayed due to this lack of clarity.
The table below indicates, in a simplified manner, which legislation and which agencies that could be most relevant to focus on in the further discussions on responsibilities. For a more elaborate description of the situation in each country/autonomous region, please see annexes III.a-e.
Table 1. Presence at national level of experience of acute plastic pollution, most relevant legislation on marine pollution (oil/ hazardous substances), the agencies with responsibilities in oil prevention/ preparedness and agencies/actors with responsibilities in beach cleaning.
Country or autonomous region
Experience of acute plastic pollution
Most relevant legislation on marine pollution (oil/ hazardous substances)
Agencies with responsibilities in oil prevention/ preparedness
Agencies/ actors with responsibilities in beach cleaning
Denmark
N
Havmiljøloven (Maritime Environment Act)
Søloven (Maritime Transport Act)
Strandrensnings-
bekendtgørelsen (Beach-cleaning Regulation)
Forsvarskommandoen (Armed Forces Command)
Miljøstyrelsen (Danish Environmental Protection Agency)
Beredskabsstyrelsen (Danish Emergency Management Agency)
Kommuner (Municipalities)
Naturstyrelsen (Nature Agency)
Miljøstyrelsen (Danish Environmental Protection Agency)
Forsvarsministern (Minister of Defence)
Faroe Islands
N
Søloven (Maritime Transport Act) (DK)
Løgtingslóg um verju av havumhvørvinum (Maritime Environment Act)
Landsverk
Marine Rescue Coordination Center (MRCC)
Umhvørvisstovan (Faroese Environment Agency)
Arktisk kommando (Arctic Command)
Kommuner (Municipalities)
Greenland
N
Act on Maritime Environment Protection
Arktisk kommando (Arctic Command)
Kommuner (Municipalities)
Finland
N
Ympäristönsuojelulaki/ Miljöskyddslagen (Environmental Protection Act)
Merenkulun ympäristönsuojelulaki/ Miljöskyddslag för sjöfarten (Act on Environmental Protection in Maritime Transport)
Ympäristöministeriö/ Miljöministeriet (Ministry of the Environment)
Rajavartiolaitos/
Gränsbevaknings-väsendet (Border Guard)
 
Kunnat/Kommuner (Municipalities)
Alueellista pelastuslaitosta/
Regionala räddningsverk (Regional rescue departments)
Åland
N
(see Finland)
Landskapsregeringen (Government of Åland)
Landskapsregeringen (Government of Åland)
Iceland
N
Lög um varnir gegn mengun hafs og stranda (Act on protection against pollution at sea and on the coast)
Umhverfisstofnun (Environment Agency of Iceland)
Umhverfisstofnun (Environment Agency of Iceland)
Norway
Y
Forurensingsloven (Pollution Act)
Kystverket (Norwegian Coastal Administration)
Miljødirektoratet (Norwegian Environment Agency)
Direktoratet for samfunnssikkerhet og beredskap (Norwegian Directorate for Civil Protection)
Kommuner (Municipalities)
Interkommunale utvalg mot akutt forurensing (Inter-municipal committees against acute pollution)
Statsforvalteren (County Governor)
Sweden
Y
Miljöbalken (Environmental Code)
Lag om åtgärder mot förorening från fartyg (Act on measures against pollution from vessels)
 
Kustbevakningen (Swedish Coast Guard)
Myndigheten för samhällsskydd och beredskap (Civil Contingencies Agency)
Havs- och vattenmyndigheten (Swedish Agency for Marine and Water Management)
Kommuner (Municipalities)
Länsstyrelser (County Administrative Boards)