Article 3Scope

1.

This Directive shall apply, in accordance with international law, to discharges of polluting substances 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.

2.

This Directive shall apply to discharges of polluting substances from any ship, irrespective of its flag, with the exception of any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.