257 



(3) In the event of the inspection provided for in this Article giving rise to 

 action of any liind, the State carrying out the inspection shall immediately 

 inform in writing the consul or diplomatic representative of the State whose 

 flag the ship is entitled to fly of this action and of the circumstances thereof. 



[ (4) If a Contracting State has clear grounds " for believing that a ship wish- 

 ing to enter its ports or use off-shore terminals under its jurisdiction is not 

 constructed in accordance with ^* the provisions of the Regulations applicable 

 to that ship, such St«te may request consultation with the government of that 

 State whose flag the ship is entitled to fly. If after such consultation, or other- 

 wise, the Contracting State [establishes] [is satisfied] that the s-hip does not 

 comply with the Regulations in question such State [may/shall] for this reason 

 deny the ship access to such ports and off-shore terminals until such time as 

 that State is satisfied that the ship does comply with the Regulations.] 



[(5) Notwithstanding the provisions of Article 3(1) of the present Con- 

 vention [five years] after the entry into force of the present Convention a 

 Contracting State [may/shall] deny access to or permission to leave ports or 

 off-shore terminals under its jurisdiction to any ship entitled to fly the flag 

 of a non-Contracting State if the Contracting State has clear grounds " for 

 believing that the ship does not comply with the provisions of the Regulations. 

 That State may, however, grant such a ship ]iermission to leave the port or 

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

 available." if it is satisfied and that such voyage will not present an unreasonable 

 threat of harm to the marine environment.]^* " 



ARTICLE 6 "". — DETECTION OF OFFENCES AGAINST AND ENFORCEMENT OF 



THE CONVENTION 



(1) Contracting States shall co-operate in the detection of offences and the 

 enforcement of the provisions of the present Convention using all appropriate 

 and practicable measures of detection and environmental monitoring, adequate • 

 reporting procedures and accumulation of evidence. 



(2) A ship to which the present Convention apjilies may be subject in loading 

 ports, to in.spection by officers appointed or authorized by Contracting States 

 for the purpose of determining whether any harmful substances have been 

 discharged in contravention of the provisions of the Re.gidations. The report 

 of such in.spection shall be forwarded to the Administration for any appj-opriate 

 action."^ ~ 



(3) Any Contracting State shall furnish to the Administration evidence, if 

 any, that the ship has discharged harmful .substances or eflluent containing 

 such substances in contravention of the provisions of the Regulations."^ If it is 

 practicable to do so. the competent authority of the former State shall notify 

 the master of the ship of the alleged contravention. 



(4) I'pon receiving such evidence, the AdminL-^tration so informed shall 

 investigate the matter, and may request the other State to furnish further or 



1" Soirip dplpsrations supppstod that flip phrnsp "is not constructed in accordance with" 

 shniiVi he rPTilacpd bv the phr.ii-p "dnos not complv with''. 



wSomp dplpfrations supRestPd that parajrraphs (?,), (4) and (5) should be replaced by 

 thp foUowin"- : 



(?>) If n Cnntractins State denips a foreiffn ship accpss to ports in its tprritory or to 

 off-shorp tprminnls undpr its iiirisdiction or tal^ps anv action against snch a shin for the 

 ronsnn thnt thp ship does not comply with tlip provisions in thp prpspnt Convention, the 

 Stntp shall immediatply inform thp consul or diplomatic rppresenlative of thp State whose 

 fl-^sr the shin is pntitlpd to flv. The State may bpforp tahinjr such action rpqupst consultation 

 with thp Administration, Information shall also hp civen to the Administration whpn a 

 shin dops not carry a valid ccrtiflcatp in accordance with thp provisions of thp Rp-'ulations 



2" Some delp-rations wpre of the oninion that if Alternative II of Article 4 is accepted' 

 when It would bp appropriate to revise the provisions of Article 6 to cover detection of all 

 violations of thp Convpntion. 



^i^V V ^'^^ sucgestPd that the restriction of the rieht of Inspection to shins in "loadins; 

 ports miirht not he appropriate, and that this might usefully he extended, for example to 

 cover shins in norts and offshore terminals of anv Contracting State 



(li) See footnote 17 of Article n. It was also' pointed out'that this paragraph might 

 have some connexion with Rpsrnlation 21('fi'» of Annpx I f fe i' f. 



..rf-?"'"^ '^''1^'^ations favoured the following wording of paragraph (2) of this Article- 

 It it anpenrs m connexion with loading or unloading or otherwise that harmful substances 

 have been discharged in contravention of the present Convention, or that there is dansrer 

 nlJhnXl %hV'<^; I '^fT'"^'"J I'^r'' ^'^'''" '■^""'■^ *^i« observations to the appropriate 

 A im^n IfrntTl^ <- *^*'" which undertakes the inspection shall forward the report to the 

 Administration for anpronriatp action. 



oi,'^?^'"*'/''''*'^'''^^""'' ^'^^^ '^^ ^^^ oninion that the obligation stated in this paragraph 

 of Article 4 ^° ^ ^^*® ^'''^^'^ ^^'^ "'^^'^^ commenced proceedings under the provisions 



