Regulation 10: Detection of
Violations and Enforcement
Regulation 10.1
1 Parties to this Annex shall
co-operate in the
detection of violations and the
enforcement of the
provisions of this Annex, using
all appropriate and
practicable measures of detection
and environmental
monitoring, adequate procedures
for reporting and
accumulation of evidence.
Regulation 10.2
2 A ship to which the present
Annex applies
may, in any port or offshore
terminal of a Party, be
subject to inspection by officers
appointed or
authorized by that Party for
the purpose of verifying
whether the ship has violated
any of the provisions
of this Annex. If an inspection
indicates a violation
of this Annex, a report shall
be forwarded to the
Administration for any appropriate
action.
Regulation 10.3
3 Any Party shall furnish
to the Administration
evidence, if any, that the ship
has violated any of
the provisions of this Annex.
If it is practicable to
do so, the competent authority
of the former Party
shall notify the master of the
ship of the alleged
violation.
Regulation 10.4
4 Upon receiving such evidence,
the
Administration so informed shall
investigate the
matter, and may request the other
Party to furnish
further or better evidence of
the alleged
contravention. 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 in accordance with Its
law as soon as possible.
The Administration shall promptly
inform the Party
which has reported the alleged
violation, as well as
the Organization, of the action
taken.
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Regulation 10.5
5 A Party may also inspect
a ship to which this
Annex applies 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
the ship has not fully
complied with this Annex. The
report of such
investigation shall be sent to
the Party requesting
it and to the Administration
so that the appropriate
action may be taken under the
present Convention.
Regulation 10.6
6 Nothing in this Annex shall
be interpreted to
limit the existing rights and
obligations of a Party
under international law concerning
the prevention,
reduction, and control of pollution
of the marine
environment from ships, including
that law relating
to enforcement and safeguards,
in force at the time
of application or interpretation
of this Annex.
