AFS/CONF/26
ANNEX
Page 8
I:\CONF\AFS\26.DOC
ARTICLE 11
Inspections of Ships and Detection of Violations
(1) A ship to which this Convention applies may, in any port, shipyard, or offshore terminal
of a Party, be inspected by officers authorized by that Party for the purpose of determining
whether the ship is in compliance with this Convention. Unless there are clear grounds for
believing that a ship is in violation of this Convention, any such inspection shall be limited to:
(a) verifying that, where required, there is onboard a valid International Anti-fouling
System Certificate or a Declaration on Anti-fouling System; and/or
(b) a brief sampling of the ship’s anti-fouling system that does not affect the integrity,
structure, or operation of the anti-fouling system taking into account guidelines
developed by the Organization.
*
However, the time required to process the results
of such sampling shall not be used as a basis for preventing the movement and
departure of the ship.
(2) If there are clear grounds to believe that the ship is in violation of this Convention, a
thorough inspection may be carried out taking into account guidelines developed by the
Organization.*
(3) If the ship is detected to be in violation of this Convention, the Party carrying out the
inspection may take steps to warn, detain, dismiss, or exclude the ship from its ports. A Party
taking such action against a ship for the reason that the ship does not comply with this
Convention shall immediately inform the Administration of the ship concerned.
(4) Parties shall co-operate in the detection of violations and the enforcement of this
Convention. A Party may also inspect a ship when it enters the ports, shipyards, or offshore
terminals under its jurisdiction, if a request for an investigation is received from any Party,
together with sufficient evidence that a ship is operating or has operated in violation of this
Convention. The report of such investigation shall be sent to the Party requesting it and to the
competent authority of the Administration of the ship concerned so that the appropriate action
may be taken under this Convention.
ARTICLE 12
Violations
(1) Any violation of this Convention shall be prohibited and sanctions shall be established
therefor under the law of the Administration of the ship concerned wherever the violation occurs.
If the Administration is informed of such a violation, it shall investigate the matter and may
request the reporting Party to furnish additional evidence of the alleged violation. If the
Administration is satisfied that sufficient evidence is available to enable proceedings to be
brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as
possible, in accordance with its laws. The Administration shall promptly inform the Party that
reported the alleged violation, as well as the Organization, of any action taken. If the
Administration has not taken any action within one year after receiving the information, it shall
so inform the Party which reported the alleged violation.
*
Guidelines to be developed.