north sea network of investigators and prosecutors (nsn)

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A word from the current chair, Ms Ann Jakobsen (2013-) “I was privileged to be appointed Chair of the NSN in 2013. When the NSN was established in 2002, its chief concern was to improve enforcement of internaonal rules and standards against oil polluon from ships. More than a decade later, NSN has steadily expanded its original remit to deal with polluon by chemicals and garbage from ships. Currently the challenge in these key two areas is on trying to improve common understanding of pracces and procedures around the North Sea with the aim of facilitang, in a harmonised way, the rendering of assistance and the admissibility of evidence and cooperaon between the North Sea States”. North Sea Network of Investigators and Prosecutors (NSN) The North Sea Network of Invesgators and Prosecutors (NSN) is a body associated with the OSPAR Commission and closely cooperang with the Bonn Agreement which was set up in 2002 to help enforce internaonal regulaons prevenng polluon from ships in the North Sea. NSN14/FS01 A word from the first chair, Captain Jeremy Smart (2002-2013) “I was honoured to be appointed the first Chair of the NSN. From the outset it became apparent that different countries had very different systems of invesgang, prosecung and publicising offences. Polluon transcends boundaries and in order to ensure effecve internaonal cooperaon an understanding of the different legal systems is essenal. The NSN by its nature has changing personnel, the exchange of informaon is an ongoing process, but we have moved forward a great deal from where we were in 2002. Communicaon and informaon flow is sll a challenge for NSN, but it works far more efficiently than it once did and this is a major achievement”. Members of NSN: © Norwegian Marime Authority Brief history of NSN In 2002, at the Fiſth North Sea Conference, the North Sea Ministers took the iniave to establish the NSN, fulfilling their commitment to “greater cooperaon between North Sea States and at the European Union level to enforce internaonally agreed rules and standards for the prevenon, control and reducon of polluon from ships … to increase detecon of illegal discharges and … improve the invesgaon and prosecuon of offenders”. The NSN inially met in 2002, since then, it has been providing its members with a strong regional plaorm whereby invesgators and prosecutors in all North Sea States work together with a view to idenfying features which lead to effecve enforcement and ways of handling polluon offences from ships in a transboundary context.

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Page 1: North Sea Network of Investigators and Prosecutors (NSN)

A word from the current chair, Ms Ann Jakobsen (2013-)

“I was privileged to be appointed Chair of the NSN in 2013. When the NSN was established in 2002, its chief concern was to improve enforcement of international rules and standards against oilpollution from ships. More than a decade later, NSN has steadily expanded its original remit to deal with pollution by chemicals and garbage from ships. Currently the challenge in these key two areas is on trying to improve common understanding of practices and procedures around the North Sea with the aim of facilitating, in a harmonised way, the rendering of assistance and the admissibility of evidence and cooperationbetween the North Sea States”.

North Sea Network of Investigators and Prosecutors (NSN)The North Sea Network of Investigators and Prosecutors (NSN) is a body associated with the OSPAR Commission and closely cooperating with the Bonn Agreement which was set up in 2002 to help enforce international regulations preventing pollution from ships in the North Sea.

NSN14/FS01

A word from the first chair, Captain Jeremy Smart (2002-2013)

“I was honoured to be appointed the first Chair of the NSN. From the outset it became apparent that different countries had very different systems of investigating, prosecuting and publicising offences. Pollution transcends boundaries and in order to ensure effective international cooperation an understanding of the different legal systems is essential. The NSN by its nature has changing personnel, the exchange of information is an ongoing process,but we have moved forward a

great deal from where we were in 2002. Communication and information flow is still a challenge for NSN, but it works far more efficiently than it once did and this is a major achievement”.

Members of NSN:

© Norwegian Maritime Authority

Brief history of NSN

In 2002, at the Fifth North Sea Conference, the North Sea Ministers took the initiative to establish the NSN, fulfilling their commitment to “greater cooperation between North Sea States and at the European Union level to enforce internationally agreed rules and standards for the prevention, control and reduction of pollution from ships … to increase detection of illegal discharges and … improve the investigation and prosecution of offenders”. The NSN initially met in 2002, since then, it has been providing its members with a strong regional platform whereby investigators and prosecutors in all North Sea States work together with a view to identifying features which lead to effective enforcement and ways of handling pollution offences from ships in a transboundary context.

Page 2: North Sea Network of Investigators and Prosecutors (NSN)

North Sea Network of Investigators and Prosecutors (NSN)

NSN14/FS01

Sources of data and information:North Sea Manual on Oil Pollution Offences:

http://www.ospar.org/content/content.asp?menu=01430623870000_000000_000000 EMSA: http://www.emsa.europa.eu/ EUROJUST: http://www.eurojust.europa.eu/ INTERPOL: http://www.interpol.int/

NSN meetings: a strong network of experts

NSN has built a robust network of experts to facilitate the flow of information vital for pursuing offenders. NSN annual meetings provide an active and flexible platform for investigators and prosecutors from North Sea States to discuss pollution cases, share knowledge and experience and learn from each other.

North Sea Manual on Oil Pollution Offences: a key reference to national enforcement authorities

Given the comparatively small size of the North Sea, the transient nature of shipping, the number of coastal States and the density of the shipping traffic, it is likely that some of the evidence needed to prove a case will be gathered in a jurisdiction other than that in which the prosecution, offence or harm takes place. The differences in approach between judicial systems makes it highly desirable that there should be an improved understanding of the requirements in other jurisdictions, so that evidence can be effectively collected and deployed for the successful prosecution of marine pollution offences.

The North Sea Manual on Oil Pollution Offences provides specific guidance on details required to help countries undertake or assist in investigations, including the form information should take to support a prosecution where evidence collected by one North Sea State (for example, from aerial surveillance) might be used in a prosecution in a different jurisdiction.

International cooperation: sharing expertise with others

NSN has intensified efforts to contribute to the enforcement of regulations preventing pollution from ships. NSN members have been actively involved in the development of the European Marine Safety Agency (EMSA) Manual on Combatting Illegal Discharges in the Marine Environment. This initial collaboration has led to a fruitful relationship between EMSA and NSN, in the form of regular information exchange, reciprocal representation and participation in training courses, seminars and workshops. NSN also has a long-standing cooperation with the Bonn Agreement, was involved in the development of the Bonn Agreement Manual; and is fully committed to the delivery of the Bonn Agreement Action Plan.

NSN is also actively seeking opportunities for closer cooperation with peers in other regional seas with the aim of facilitating assistance between regions. With the Network of Prosecutors on Environmental Crime in the Baltic Sea Region (ENPRO), NSN has strengthened communication through mutual updates, participation in meetings and consultations. With the Mediterranean Network of Investigators and Prosecutors, NSN has reinforced the sharing of information, reciprocal briefings and involvement in meetings through their national delegates. NSN is also increasing its outreach by actively liaising with organisations such as EUROJUST and INTERPOL. Representatives of these organisations regularly attend NSN meetings.

NSN database on pollution offences: a systematic set of information

In an effort to improve the quality of information available for prosecutions, NSN has created a purpose built database to log sea pollution offences cases. The restricted access database covers cases submitted to NSN since its establishment and includes details such as the type of pollution, sanctions imposed and the penalty finally awarded.

By detailing information which has proved useful in cases successfully prosecuted across NSN countries, the database facilitates a more uniform approach to prosecutions and penalties.