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(4) “Ship” means a vessel of any type whatsoever operating in the marine 
environment and includes hydrofoil boats, air-cushion vehicles, submersibles, 
floating craft and fixed or floating platforms. 
(5) “Administration” means the Government of the State under whose author- 
ity the ship is operating. With respect to a ship entitled to fiy a flag of any 
State, the Administration is the Government of that State. With respect to fixed 
or floating platforms engaged in exploration and exploitation of the sea-bed and 
subsoil thereof adjacent to the coast over which the coastal State exercises 
sovereign rights for the purposes of exploration and exploitation of their natural 
resources, the Administration is the Government of the coastal State concerned. 
(6) “Incident” means an event involving the actual or probable discharge 
into the sea of a harmful substance, or effluents containing such a substance. 
(7) “Organization” mean the Inter-Governmental Maritime Consultative 
Organization. 
Article 8 
APPLICATION 
(1) The present Convention shall apply to: 
(a) ships entitled to fly the flag of a Party to the Convention; and 
(b) ships not entitled to fly the flag of a Party but which operate under 
the authority of a Party. 
(2) Nothing in the present Article shall be construed as derogating from or 
extending the sovereign rights of the Parties under international law over the 
sea-bed and subsoil thereof adjacent to their coasts for the purposes of explora- 
tion and exploitation of their natural resources. 
(3) The present Convention shall not apply to 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. However, each Party shall ensure by the 
adoption of appropriate measures not impairing the operations or operational 
capabilities of such ships owned or operated by it, that such ships act in a 
manner consistent, so far as is reasonable and practicable, with the present 
Convention. 
Article 4 
VIOLATION 
(1) Any violation of the requirements of the present Convention shall be pro- 
hibited and sanctions shall be established therefor under the law of the Admin- 
istration of the ship concerned wherever the violation occurs. If the Administra- 
tion is informed of such a violation and 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 law. 
(2) Any violation of the requirements of the present Convention within the 
jurisdiction of any Party to the Convention shall be prohibited and sanctions 
shall be established therefor under the law of that Party. Whenever such a 
Violation occurs, that Party shall either: 
(a) cause proceedings to be taken in accordance with its law; or 
(b) furnish to the Administration of the ship such information and evi- 
dence as may be in its possession that a violation has occurred. 
(3) Where information or evidence with respect to any violation of the present 
Convention by a ship is furnished to the Administration of that ship, the Admin- 
istration shall promptly inform the Party which has furnished the information 
or evidence, and the Organization, of the action taken. 
(4+) The penalties specified under the law of a Party pursuant to the present 
Article shall be adequate in severity to discourage violations of the present 
Conveifion and shall be equally severe irrespective of where the violations occur. 
Article 5 
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 
(1) Subject to the provisions of paragraph (2) of the present Article a cer- 
tificate issued under the authority of a Party to the Convention in accordance 
with the provisions of the Regulations shall be accepted by the other Parties 
and regarded for all purposes covered by the present Convention as having the 
same validity as a certificate issued by them. 
