(1) Ships of 400 gross tonnage and above referred
to in article 3(1)(a) engaged in international
voyages, excluding fixed or floating platforms, FSUs, and FPSOs, shall
be subject to surveys specified below:
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(a) an initial survey before the ship is put into
service or before the International Antifouling System Certificate
(Certificate) required under regulation
2 or 3 is issued for the first
time; and
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(b) a survey when the anti-fouling systems are
changed or replaced. Such surveys shall be endorsed on the Certificate
issued under regulation 2 or 3.
(2) The survey shall be such as to ensure that
the ship's anti-fouling system fully complies with this Convention.
(3) The Administration shall establish appropriate
measures for ships that are not subject to the provisions of paragraph
(1) of this regulation in order to ensure that this Convention is
complied with.
(4)
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(a) As regards the enforcement of this Convention,
surveys of ships shall be carried out by officers duly authorized
by the Administration or as provided in regulation
3(1), taking into account guidelines for surveys developed
by the Organizationfootnote. Alternatively, the Administration
may entrust surveys required by this Convention either to surveyors
nominated for that purpose or to organizations recognized by it.
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(b) An Administration nominating surveyors or
recognizing organizationsfootnote to conduct surveys
shall, as a minimum, empower any nominated surveyor or recognized
organization to:
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(c) When the Administration, a nominated surveyor,
or a recognized organization determines that the ship's anti-fouling
system does not conform either to the particulars of a Certificate
required under regulation 2 or 3, or to the requirements of this Convention,
such Administration, surveyor or organization shall immediately ensure
that corrective action is taken to bring the ship into compliance.
A surveyor or organization shall also in due course notify the Administration
of any such determination. If the required corrective action is not
taken, the Administration shall be notified forthwith and it shall
ensure that the Certificate is not issued or is withdrawn as appropriate.
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(d) In the situation described in subparagraph
(c), if the ship is in the port of another Party, the appropriate
authorities of the port State shall be notified forthwith. When the
Administration, a nominated surveyor, or a recognized organization
has notified the appropriate authorities of the port State, the Government
of the port State concerned shall give such Administration, surveyor,
or organization any necessary assistance to carry out their obligations
under this regulation, including any action described in article 11 or 12.