(1) Parties to this Annex
shall co-operate in the detection of violations and the enforcement
of the provisions of this Annex, using all appropriate and practicable
measures of detection and environmental monitoring, adequate procedures
for reporting and accumulation of evidence.
(2) A ship to which the present
Annex applies may, in any port or offshore terminal of a Party,
be subject to inspection by officers appointed or authorized by
that Party for the purpose of verifying whether the ship has emitted
any of the substances covered by this Annex in violation of the
provision of this Annex. If an inspection indicates a violation
of this Annex, a report shall be forwarded to the Administration
for any appropriate action.
(3) Any Party shall furnish
to the Administration evidence, if any, that the ship has emitted
any of the substances covered by this Annex in violation of the
provisions of this Annex. If it is practicable to do so, the competent
authority of the former Party shall notify the master of the ship
of the alleged violation.
(4) Upon receiving such
evidence, the Administration so informed shall investigate the matter,
and may request the other Party to furnish further or better evidence
of the alleged contravention. 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 in accordance with its law as soon as possible.
The Administration shall promptly inform the Party which has reported
the alleged violation, as well as the Organization, of the action
taken.
(5) A Party may also inspect
a ship to which this Annex applies when it enters the ports or offshore
terminals under its jurisdiction, if a request for an investigation
is received from any Party together with sufficient evidence that
the ship has emitted any of the substances covered by the Annex
in any place in violation of this Annex. The report of such investigation
shall be sent to the Party requesting it and to the Administration
so that the appropriate action may be taken under the present Convention.
(6) The international law
concerning the prevention, reduction, and control of pollution of
the marine environment from ships, including that law relating to
enforcement and safeguards, in force at the time of application
or interpretation of this Annex, applies, mutatis
mutandis, to the rules and standards set forth in this Annex.
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