Issue of International Air Pollution Prevention Certiricate
(1)An International Air Pollution Prevention Certificate shall be issued, after survey in accordance with the provisions of regulation 5 of thin Annex, so any ship of 400 tons gross tonnage or of which the total installed power is more than 1500 kW engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Protocol of [1997].
(2)Ships constructed before the date of entry into force of this Annex shall he issued with an International Air Pollution Prevention certificate in accordance with paragraph (1) of this regulation no later than the first scheduled drydocking after entry into force of this Annex, no case later than 3 years after the entering into force of this Annex.
(3)Such certificate shall be issued either by the Administration or by any person or organization duly authorized by it. In every case the Administration assumes full responsibility for the certificate.
REGULATION 7
Issue of a Certificate by another Government
(1)The Government of a Party so the Protocol of[1997] may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, issue or authorize the issuance of an International Air Pollution Prevention Certificate to the ship in accordance with this Annex.
(2)A copy of the certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
(3)A certificate so issued shall contain a statement to the effect that is has been issued at the request of the Administration and it shall have the same force and receive the same recognition as a certificate issued under regulation 6 of this Annex.
(4)No International Air Pollution Prevention Certificate shall be issued so a ship which is entitled to fly the flag of a State which is not a Party so the Protocol of [1997].
REGULATION 8
Form of Certificate
The International Air Pollution Prevention Certificate shall be drawn up in an official language of the issuing country in the form corresponding to the model given in Appendix I to this Annex. If the language used is neither English nor French, the text shall include a translation into one of these languages.
MEPC 39/6
ANNEX I
Page 10
REGULATION 9
Duration and Validity of Certificate
(1)An International Air Pollution Prevention Certificate shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue.
(2)No extension of the five-year period of validity of the International Air Pollution Prevention Certificate shall be permitted, except in accordance with paragraph (3).
(3)If the ship, at the time when the International Air Pollution Prevention Certificate expires, is not in a port of the State whose flag it is entitled to fly or in which it is so be surveyed, the Administration may extend the certificate for a period of no more than 5 months. Such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the State whose flag it is entitled to fly or in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. After arrival in the State whose flag it is entitled to fly or in which it is to be surveyed, the ship shall not be entitled by virtue of such extension to leave the port or State without having obtained a new International Air Pollution Prevention Certificate.
(4) An International Air Pollution Prevention Certificate shall cease to be valid in any of the following circumstances:
(i)If the inspections and surveys are not carried out within the periods specified under regulation 5 of this Annex.
(ii)If significant alterations have taken place to the equipment, systems, fittings, arrangements or material to which this Annex applies without the express approval of the Administration, except the direct replacement of such equipment or fittings with equipment or fittings that conform with the requirements of this Annex. For the purpose of regulation 13, significant alteration shall include any change or adjustment to the system, fittings, or arrangement of a diesel engine which results in the nitrogen oxide limits applied to that engine no longer being complied with.
(iii) upon transfer of the ship so the flag of another State. A new certificate shall be issued only when the Government issuing the new certificate is fully satisfied that she ship is in full compliance with the requirements of regulation 5 of this Annex. In the case of a transfer between Parties, if requested within 3 months after she transfer has taken place, the Government of the Party whose flag the ship was formerly entitled so fly shall, as soon as possible, transmit so the Administration of the other Party a copy of the International Air Pollution Prevention Certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.
