258 



I)etter evidence of the alleged contravention. If the Administration so informed 

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

 to enable proceedings to be brought in respect of the alleged contravention, 

 it shall cause such proc-ee4ings to be taken as soon as possible."" The Adminis- 

 tration shall promptly inform the State which has reported the alleged contro- 

 vention, as well as the Organization, of the action taken."® 



(5) A Contracting State [may/shall] investigate a ship entitled to fly the 

 flag of another Contracting State when it enters the ix)rts or off-shore terminals 

 under its jurisdiction, if a report is received from any Contracting State that 

 the ship has discharged harmful substances or ettluent containing these sub- 

 stances or has otherwise contravened the Convention in any place, and shall 

 send the report of such investigation to the State first reporting the offence and 

 to the Administration so that the appropriate action may be taken under the 

 pi'esent Convention."" "^ "'* 



(6) All possil)le effort shall be made to avoid the ship being unduly delayed 

 through action under this Article. 



ARTICLE 7 -°. — REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 



(1) For the purposes of this Article an "incident" means an event involving 

 the actual or probable discharge of a harmful substance.™ 



(2) The master of a ship"*^ involved in an incident, shall report the particulars 

 of such incident without delay in accordance with the provisions of this article. 



(3) Reports shall be made by radio whenever possible but in any case by 

 the fastest channels available at the time. 



(4) Reports by radio shall be made by urgent broadcast. 



(5) When a Contracting State receives a report under the provisions of the 

 present Article, that State shall relay the report without delay to the Admin- 

 istration of the ship involved and to any other State that may be affected. 



(6) The report shall be made whenever an incident involves: 



(a) A discharge permitted under this present Convention by virtue of the 

 fact that : 



(i) It is for the purpose of securing the safety of the ship or saving life at 

 sea ; or 



(ii) It results from damage to the ship or its equipment : or 



(iii) It is for the purpose of combating a specific pollution incident: or 



(b) A discharge other than as permitted under the present Convention: or^ 



(c) The discharge into the sea of any package, cargo container or portable 

 tank containing harmful substances or the contents thereof.^'' 



(7) The report shall '^ contain the time, i)osition, wind and sea conditions at 

 the time of the incident, details of the state of the ship and likely state of the 



"• See footnote 11 under Article 4 in Alternative II. 



""■ If Alternative II of Article 4 is accepted, the last two sentences of this paragraph 

 would be unnecessary. 



^ If the proposals for a wider basis of enforcement and inspection of the Convention 

 are adopted, then the need for this parasrraph should be reconsidered. 



2^ Some delosrations sugjxested that if paragraph (.T) is not mandatory, it should be 

 worded as follows : "If a Contractinp: State investigates a foreisrn ship due to a report 

 from any State the State shall send a report of such investisration etc." 



^ Some delosrations Were of the opinion that a Contractinc: State may investijrate a 

 ship entitled to fly the flag of another Contracting State only with the consent of the 

 Administration. 



-" Some delegations considered it inappropriate to include in the Articles of the Con- 

 vention all the detailed provisions on reporting procedures, and felt that such detailed 

 provisions might more appropriately be included in a special mandatory Annex on 

 Kenorting. 



""Some delegations were of the opinion that the word "incident", for examnle should 

 be O'lalified «o ns to cover onlv "sii'iiificnnt dischnrges of I'Mrmful substances". 



'1 Some delegations sugsested further consideration should be given on the merits of 

 requiring Masters of all ships not directly involved in an incident to report. 



"-Some delcatians were of the oiiinion that since nil possible crises of discharge of 

 vliich reports should be made are covered by sub-paragraphs (G) (al and (c). sub-paragraph 

 (01 (b'l should relate only to discharges resulting from an error of a crew member. It was 

 proposed, therefore, that: 



In sub-paragraph (fil (a) to delete the words "permitted under the present Convention" ; 

 In sub-paragraph (nWa)Cii') to add "from an error of a crew member"'; and 



Pelete sub-paragranh (Ct) (h). 



33 One delegation suggested the addition of the following new sub-pa rn graph fdl : 

 "((}) cnsualties to shins which Involve a threat of a discharge referred to in suh- 

 par.ncranhs Ca1. (h) or (o\ of this parn-rraTth". 



"4 Some delegations were of the opinion that the words "as far as possible" should be 

 Inserted here. 



