256 



Alternative II " 



, ARTICLE 4. \nOLATION 



(1) Any violation of tlie requirements of tlie present Convention sliall l)e pro- 

 hibited under the law of the Administration of the ship concerned wherever 

 the violation occurs. If the Administration is informed of such a violation and is 

 satisfied that sufficient evidence is available in the form required by its law to 

 enable proceedings to be brought in respect of tlie alleged violation, it shall 

 cause such proceedings " to be taken as soon as possible. 



(2) Any violation of the requirements of the present Convention within the 

 territorial seas " of any Contracting State shall be prohibited under the law of 

 that State. Whenever such a violation occurs, that State shall either : 



(a) Cause proceedings to be taken with respect to such violation, or 



(b) Furnish to tlie Administration of tlie ship such information and evidence 

 as may be in its possession that a violation has occurred. 



(3) Where information or evidence with respect to any violation of the Con- 

 vention by a ship is furnished to the Administration of that ship, the Admin- 

 istration shall promptly inform the State which has furnished the information 

 or evidence and the Organization, of the action taken. 



(4) The i>enalties provided for under the law of a Contracting State in respect 

 of any violation of the requirements of the present Convention shall be adequate 

 in severity to discourage any such violation. The penalties provided for in respect 

 to violation outside the territorial seas" of a Contracting State shall be no 

 less severe than the penalties provided for under the law in respect of the same 

 infringement within its territorial seas." 



ARTICLE 5. — CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 



(1) Subject to the provisions of paragraph (2) of this Article a Certificate 

 issued under the authority of a Contracting State in accordance with the pro- 

 visions of the Regulations shall be accepted by the other Contracting States and 

 regarded for all purpo.ses covered by the present Convention as having the same 

 validity as a Certificate issued by them. 



(2) A ship required to hold a certificate in accordance with the provisions of 

 the Regulations is subject while in the ports or off-shore tenninals under the 

 jurisdiction of another Contracting State to inspection by officers duly author- 

 izofl liy that State." Any inspection concerning the implementation of the pro- 

 visions covered by the certificate and carried out by a foreign State" within its 

 territory or in off-shore terminals under its jurisdiction shall be limited to 

 verifying that there is on l)oard a valid Certificate, unless there are clear 

 grounds " for believing that the condition of the ship or its equipment does not 

 correspond substantially with the particulars of that certificate. In that case, or 

 if the ship does not carry a valid certificate, the State" carrying out the insjiec- 

 tion shall take such steps as will ensure that the sliip shall not sail until it can 

 proceed to sea without presenting an unreasonable tlirent of harm to the marine 

 environment.^'^ That State may. however, grant such a ship permission to leave 

 the port or off-shore terminal for the purpose of proceeding to the nearest repair 

 vard available."" 



11 Some flplpcr.itioTif? woro of tho npinlon tlia*^ this provision is too strinspnt. sinpo It 

 olilieps Afiministr.itions to tnkp prooppdlnsrs wiiifii wonlfl 'invo prol>lrnis with rpsnrd to 

 tl'pi'' pationnl systpm of Inw apoorrlinff to whifli tlip proppprtins anthoritv is fppp to flpoidp 

 vlipthpr or not a proppprtinc is opportunp. A Ipss strictly formulated provision -vrould 

 thprpi'orp ipprpnsp thp acppnt-'hility o*" thp wholp Articlp. 



1= Sonip (iplpsrations wprp of thp opinion that thp initinl wordin? may jrivp thp imprpssion 

 tlint insppction will hp .nllowpd only to ships rpniiirpd to hold a pprt'fipntp. Tn ordpr to 

 avoirl lanoh an imprpssion. thpv sntrcrp?"tpd nnrn^raph (?.) to hpcrin as follow-^ : "As to ships 

 rponirpd to hold a pprtifipatp issiipd in accordanop with thp provisions of tlip Rpcrnlations. 

 anv insppption mndp hv an offippr dnlv anthori/pd and concprninff thP implpmpntntion pto."' 



" Somp dple.cations suppested to substitnte the words "a foreign State" and "the State" 

 by "offippfs" 



1* Sonip dplp^ations sncrcpstpd that thp phrasp "plpnr gronnds" in parajrraph (2), (41 

 and '5> should hp rPT>1nrp(l hv "rpasonnhlp cronnds". 



I-'"' Somp dplpcrntions wpm of thp opinion that thp phrase "without prespntine an nnrpason- 

 ablp thrp''t of hnrni to thp niarinp pnvironmpnf should hp rpplacpd by thp phrasp "until 

 siiph dpfipipppv is porrppfpd". 



M Somp dplpfations sntrs'pstpd that thp phrasp "nearest repair yard available" was unduly 

 restriptivp of thp nlaee in whiph thp sliin pould most suitably be rennirpd. 



■■" Some dplpcrations suftrpstPd that titprp Iip n provision oiilic'nir thp Administration, and 

 ownnr or mastpr of a shin, to po-ojiprntp with any Contracting States which dpslrp to 

 condupt in>-nPCtion pursuant to this .Vrticlp. 



Somp dplpffations sutrspstpd that Insppction be limited to Inspection of slop tanks or 

 ot^hpr tanks esnpclally provided for wastes and also to the Inspection of documents connected 

 with such tanks. 



