1 Parties shall cooperate 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, and adequate procedures for reporting and
accumulation of evidence.
2 A ship to which this 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 emitted any of the substances covered
by this Annex in violation of the provision of this Annex. If an inspection indicates a
violation of this Annex, a report shall be forwarded to the Administration for any
appropriate action.
3 Any Party shall furnish to the Administration evidence, if any, that the
ship has emitted any of the substances covered by this Annex in violation 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.
4 Upon receiving such evidence, the Administration 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 that has reported the alleged
violation, as well as the Organization, of the action taken.
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 emitted any of the substances covered by the Annex in any place in violation of 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.
6 The 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, applies, mutatis mutandis, to the rules and standards set forth in this
Annex.