1 Experience has shown that information furnished to the flag State as
envisaged in appendix 5 of these Procedures is often inadequate to enable the flag
State to cause proceedings to be brought in respect of the alleged violation of the
discharge requirements. This appendix is intended to identify information which is
often needed by a flag State for the prosecution of such possible violations.
2 It is recommended that, in preparing a port State report on
deficiencies, where contravention of the discharge requirements is involved, the
authorities of the coastal or port State be guided by the itemized list of possible
evidence as shown in part 3 of this appendix. It should be borne in mind in this
connection that:
-
.1 the report aims to provide the optimal collation of
obtainable data; however, even if all the information cannot be provided, as
much information as possible should be submitted; and
-
.2 it is important for all the information included in the
report to be supported by facts which, when considered as a whole, would
lead the port or coastal State to believe a contravention had occurred.
3 In addition to the port State report on deficiencies, a report should
be completed by a port or coastal State on the basis of the itemized list of
possible evidence. It is important that these reports are supplemented by documents
such as:
-
.1 a statement by the observer of the pollution; in addition to
the information required under section 1 of part 3 of this appendix, the
statement should include considerations which lead the observer to conclude
that none of any other possible pollution sources is in fact the source;
-
.2 statements concerning the sampling procedures both of the
slick and on board; these should include location where and time when
samples were taken, identity of person(s) taking the samples and receipts
identifying the persons having custody and receiving transfer of the
samples;
-
.3 reports of analyses of samples taken of the slick and on board; the
reports should include the results of the analyses, a description of the
method employed, reference to or copies of scientific documentation
attesting to the accuracy and validity of the method employed and names of
persons performing the analyses and their experience;
-
.4 a statement by the PSCO on board together with the PSCO's rank and
organization;
-
.5 statements by persons being questioned;
-
.6 statements by witnesses; all observations, photographs and
documentation should be supported by a signed verification of their
authenticity; all certifications, authentications or verifications shall be
executed in accordance with the laws of the State which prepares them; all
statements should be signed and dated by the person making the statement
and, if possible, by a witness to the signing; the names of the persons
signing statements should be printed in legible script above or below the
signature;
-
.7 photographs of the oil slick; and
-
.8 copies of relevant recordings, etc., pages of Oil Record Books, logbooks,
discharge.
4 The report referred to in paragraphs 2 and 3 should be sent to the
flag State. If the coastal State observing the pollution and the port State carrying
out the investigation on board are not the same, the State carrying out the latter
investigation should also send a copy of its findings to the State observing the
pollution and requesting the investigation.