Article 7 Survey and certification

　

1 A Party shall ensure that ships flying its flag or operating under its authority and subject to survey and certification are so surveyed and certified in accordance with the regulations in the Annex.

　

[2 A Party implementing additional measures pursuant to Section C of the Annex shall not require additional survey and certification of a ship of another Party, nor shall the Administration of the ship be obligated to survey and certify additional measures imposed by another Party. Verification of such additional measures shall be the responsibility of the Party implementing such measures and shall not cause undue delay to the ship.]

　

Article 8 Violations

　

1 Any violation of the requirements of the Convention shall be prohibited and sanctions shall be established under the law of the Administration of the ship concerned wherever the violation occurs. If the Administration is informed of such a violation, it shall investigate the matter and may request the reporting Party to furnish additional evidence of the alleged violation. 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 as soon as possible, in accordance with its law. The Administration shall promptly inform the Party that reported the alleged violation, as well as the Organization, of any action taken. If the Administration has not taken any action within 1 year after receiving the information, it shall so inform the Party which reported the alleged violation.

　

2 Any violation of the requirements of the Convention within the jurisdiction of any Party shall be prohibited and sanctions shall be established therefore under the law of that Party. Whenever such a violation occurs, that Party shall either:

　

　

3 The penalties provided for by the laws of a Party pursuant to this Article shall be adequate in severity to discourage violations of the Convention wherever they occur.

　

Article 9 Inspection of Ships

　

1 A ship to which the Convention applies may, in any port or offshore terminal of another Party, be subject to inspection by officers duly authorized by that Party for the purpose of determining whether the ship is in compliance with the Convention. Except as provided in Article 10(2), any such inspection is limited to:

　

　

2 In the case that the ship does not carry a valid certificate or there are clear grounds for believing that:

　

　

a detailed inspection may be carried out[, which may include, but is not limited to, a sampling of the ships' Ballast Water carried out in accordance with the guidelines to be developed by the Organization. However, the time required to process the results of such sampling shall not be used as a basis for unduly delaying the [operation,] movement and departure of the ship.]

　

3 In the circumstances given in paragraph 2 of this Article, the Party carrying out the inspection shall take such steps as will ensure that the ship shall not discharge Ballast Water until it can do so without presenting an unreasonable threat of harm to the environment, human health, property or resources.

　

Article 10 Detection of Violations and Control of Ships

　

1 Parties shall co-operate in the detection of violations and the enforcement of the provisions of the Convention.

　

2 If a ship is detected to have violated the Convention, the Party whose flag the ship is entitled to fly, and/or the Party in whose port or offshore terminal the ship is operating, may, in addition to any sanctions described in Article 8 or any action described in Article 9, take steps to warn, detain, or exclude the ship. That Party, however, may grant such a ship permission to leave the port or offshore terminal for the purpose of discharging Ballast Water or proceeding to the nearest appropriate repair yard or reception facility available, provided doing so does not present an unreasonable threat of harm to the environment, human health, property or resources.

　

3 If the sampling described in Article 9(1)(c)/9(2) leads to a result, including results received from another port or offshore terminal, indicating that the ship poses an unreasonable threat to the environment, human health, property or resources, the Party in whose waters the ship is operating shall prohibit such ship from discharging Ballast Water until the threat is removed.⁴

　

4 A Party may also inspect a ship 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 a ship is operating or has operated in violation of a provision in the Convention. The report of such investigation shall be sent to the Party requesting it and to the competent authority of the Administration of the ship concerned so that appropriate action may be taken.

　

Article 11 Notification of Control Actions

　

1 If an inspection conducted pursuant to Article 9 or 10 indicates a violation of the Convention, when practicable, the master shall be notified. A report, including evidence of the violation, if any, shall be forwarded to the Administration.

　

2 In the event that any action is taken pursuant to Article 9(3) or Article 10(2) or (3), the officer carrying out such action shall forthwith inform, in writing, the consul or diplomatic representative of the Party whose flag the ship is entitled to fly, or if this is not possible, the Administration of the ship concerned, of all the circumstances in which the action was deemed necessary. In addition, the recognized organization responsible for the issue of certificates shall be notified.

　

3 The port State authority concerned shall, in addition to Parties mentioned in paragraph 2 of this Article, notify the next port of call of all relevant information about the violation, if it is unable to take action as specified in Articles 9(3) or 10(2) or (3) or if the ship has been allowed to proceed to the next port of call.

　

Article 12 Undue Delay to Ships

　

1 All possible efforts shall be made to avoid a ship being unduly detained or delayed under Articles [7(2)], 8, [9 and 10] of the Convention.

　

2 When a ship is unduly detained or delayed under Articles [7(2)], 8, [9 and 10] of the Convention, it shall be entitled to compensation for any loss or damage suffered.

　

Article 13 Regional Co-operation

　

In order to further the objectives of the Convention, Parties with common interests to protect the environment, human health, property and resources in a given geographical area shall endeavour, taking into account characteristic regional features, to enhance regional co-operation including the conclusion of regional agreements consistent with the Convention. Parties shall seek to co-operate with the Parties to regional agreements to develop harmonized procedures.

　

Article 14 Communication of information

　

1 Each Party shall report to the Organization and, where appropriate, make available to other Parties the following information:

　

　

2 The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under subparagraphs 1(b) and (c) of this Article.

　

Article 15 Dispute Settlement

　

Parties shall settle any dispute between them concerning the interpretation or application of the Convention by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their own choice.

　

Article 16 Relationship to International Law and Other Agreements

　

Nothing in the Convention shall prejudice the rights and obligations of any State under customary international law as reflected in the United Nations Convention on the Law of the Sea.

　

Article 17 Signature, Ratification, Acceptance, Approval and Accession

　

1 The Convention shall be open for signature by any State at the Headquarters of the Organization from [ ] to [ ] and shall thereafter remain open for accession by any State.

　

2 States may become Parties to the Convention by:

　

　

3 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

　

4 If a State comprises two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval, or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

　

5 Any such declaration shall be notified to the Depositary in writing and shall state expressly the territorial unit or units to which the Convention applies

　

Article 18 Entry into Force

　

1 The Convention shall enter into force [to be developed].

　

2 For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the Convention after the requirements for entry into force thereof have been met, but prior to the date of entry in force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or three months after the date of deposit of instrument, whichever is the later date.

　

3 Any instrument of ratification, acceptance, approval or accession deposited after the date on which the Convention enters into force shall take effect three months after the date of deposit.

　

4 After the date on which an amendment to the Convention is deemed to have been accepted under Article [19], any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.