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International
Convention for the Prevention of Pollution from Ships, 1973
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| Article 5 |
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Certificates and special rules on inspection
of ships
| (1) |
Subject to the provisions of paragraph (2)
of the present article a certificate issued under the authority
of a Party to the Convention in accordance with the provisions
of the regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them. |
| (2) |
A ship required to hold a certificate in accordance
with the provisions of the regulations is subject, while in
the ports or offshore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that Party.
Any such inspection shall be limited to verifying that there
is on board a valid certificate, unless there are clear grounds
for believing that the condition of the ship or its equipment
does not correspond substantially with the particulars of that
certificate. In that case, or if the ship does not carry a valid
certificate, the Party carrying out the inspection shall take
such steps as will ensure that the ship shall not sail until
it can proceed to sea without presenting an unreasonable threat
of harm to the marine environment. That Party may, however,
grant such a ship permission to leave the port or offshore terminal
for the purpose of proceeding to the nearest appropriate repair
yard available. |
| (3) |
If a Party denies a foreign ship entry to the ports or offshore
terminals under its jurisdiction or takes any action against
such a ship for the reason that the ship does not comply with
the provisions of the present Convention, the Party shall
immediately inform 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.
Before denying entry or taking such action the Party may request
consultation with the Administration of the ship concerned.
Information shall also be given to the Administration when
a ship does not carry a valid certificate in accordance with
the provisions of the regulations.
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| (4) |
With respect to the ship of non-Parties to
the Convention, Parties shall apply the requirements of the
present Convention as may be necessary to ensure that no more
favourable treatment is given to such ships. |
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