(i)provided that all reasonable precautions save been taken after the occurrence of she damage or discovery of the emission for the purpose of preventing or minintizing the emission; and
(ii)except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result.
REGULATION 4
Equivalents
(1)The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex if such fining, material, appliance or apparatus is as least as effective at that required by this Annex.
(2) The Administration which allows a fitting, material, appliance or apparatus as an alternative to that required by this Annex shall communicate to the Organization for circulation to the Parties so the Convention particulars thereof, for their information and appropriate action, if any.
CHAPTER II-SURVEY, CERTIFICATION AND MEANS OF CONTROL
REGULATION 5
Surveys and Inspections
(1)Every ship of 400 tons gross tonnage or above or of which the total installed power is more than 1500kW shall be subject to the surveys specified below:
(a)An initial survey before the ship is put into service or before the certificate required under regulation 6 of this Annex is issued for she first time. This survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex.
(b)Periodical surveys at intervals specified by the Administration, bus not exceeding five years, which shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with she requirements of this Annex.
(c)A minimum of one intermediate survey during the period of validity of the certificate which shall be such as to ensure that the equipment and arrangements fully comply with the requirements of this Annex and are in good working order. In cases where only one such intermediate survey is carried out in a single certificate validity period, and where the period of the certificate exceeds 2 1/2 years. it shall be held within six months before or after the halfway date of the certificates period of validity. Such intermediate surveys shall be endorsed on she certificate issued under regulation 6 of this Annex.
(2)Surveys of ships as regards the enforcement of the provisions of this Annex shall be carried out
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ANNEX I
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by officers of the Administration, The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it Such organizations shall comply with the Guidelines adopted by the Organization*. ln every case she Administration concerned shall fully guarantee the completeness and efficiency of the survey.
(3)The survey of engines and equipment for compliance with regulation 13 of this Annex shall be conducted in accordance with the NOx Technical Code.
(4)The Administrations shall institute arrangements for unscheduled inspections to be carried out during the period of validity of the certificate. Such inspections shall ensure that the equipment remains in all respects satisfactory for she service fur which the equipment is intended. These inspections may be carried out by their own inspection service, nominated surveyors, recognized organizations, or by other Parties upon request of the Administration. Where the Administration, under the provisions of paragraph (1) of this regulation, establishes mandatory annual surveys, the above unscheduled inspections shall not be obligatory.
(5)When a nominated surveyor or recognized organization determines chat the condition of the equipment does not correspond substantially with the particulars of the certificate, they shall ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken, the certificate should be withdrawn by the Administration. If the ship is in a pore of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation.
(6) The equipment shall be maintained to conform with the provisions of this Annex and no change shall be made in the equipment, systems, fittings, arrangements, or material covered by the survey, without the express approval of the Administration. The direct replacement of such equipment and fittings with equipment and fittings that conform with the provisions of this Annex is permitted.
(7) Whenever an accident occurs to a ship or a defect is discovered, which substantially affects the efficiency or completeness of equipment covered by this Annex, the master or owner of the ship shall report as the earliest opportunity so the Administration, a nominated surveyor. or recognized organization responsible for issuing the relevant certificate.
Refer 1st the Guidelines for the Authorization of Organizations Acting on Behalf of time Administrations adapted by the Organization by Resolution A.739(t 8) and Specification for the Survey and Certification Function of Recognized Organization Acting on Behalf of the Administration adopted by the Organization by Resolution A.789(19).
