13.1 The Administration shall, in accordance with
its procedures, issue to each ship which completes the CAS to the
satisfaction of the Administration, the Statement of Compliance.
Such Statement shall be issued:
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.1 in the case of the CAS in accordance with regulation 20.6 or 21.6.1, not later than 5 months
after the completion of the CAS survey; or
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.2 in the case of the CAS in accordance with regulation 20.7, not later than
5 months after the completion of the CAS survey, or the anniversary
of the date of delivery of the ship in 2010, whichever occurs earlier,
for the first CAS survey, and not later than the expiry date of the
Statement of Compliance for any subsequent CAS survey.
13.2 The Statement of Compliance shall
be drawn up in the official language of the issuing Administration
in a form corresponding to the model given in Appendix 1. If the language used is
neither English, French or Spanish, the text shall include a translation
into one of these languages.
13.3 The original of the Statement of
Compliance shall be placed on board the ship as a supplement to the
ship’s International Oil Pollution Prevention Certificate.
13.4 In addition, a copy of the CAS
Final Report which was reviewed by the Administration for the issue
of the Statement of Compliance and a copy of the Review Record, specified
in paragraph 11.3, shall be placed
on board to accompany the Statement of Compliance.
13.5 A certified copy of the Statement
of Compliance and a copy of the Review Record, specified in paragraph 11.3, shall be forwarded by
the Administration to the RO and shall be kept together with the CAS
Final Report.
13.6 The validity of the Statement of
Compliance shall not exceed 5 years and 6 months from the date of
completion of the CAS survey.
13.7 The RO which has carried out the CAS survey
in accordance with regulation 20.6 or 21.6.1, upon satisfactory completion
of the survey, shall issue an Interim Statement of Compliance in a
form corresponding the model given in appendix 1, for a period not
exceeding 5 months. It shall remain valid until its expiry date or
the date of issue of a Statement of Compliance, whichever is the earlier
date, and shall be accepted by other Parties to MARPOL
73/78.
13.8 The flag Administration may consider and
declare that the Statement of Compliance of a ship entitled to fly
its flag remains valid and in full force and effect if:
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.1 a change in ownership of the ship should occur;
or
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.2 there is a change in the RO from the RO that
performed the CAS survey work and prepared the CAS final report, which
was reviewed and accepted by the Administration for the issuance of
the Statement of Compliance by the Administration, to a new RO acceptable
to the Administration, and that all information required to be submitted
under the requirements of this resolution has been provided to the
new RO; or
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.3 the safe operation and maintenance of the ship
is assumed by a Company, as defined in SOLAS
chapter IX, other than the one that was operating the ship
at the time of the completion of the CAS survey; or
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.4 any combination of 13.8.1,
13.8.2 and 13.8.3 should simultaneously occur;
provided that the Administration:
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.5 maintains the same period of validity; and
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.6 co-ordinates the transmittal of specific information,
requirements, and procedures concerning the maintenance of the validity
of the CAS Statement of Compliance in question to the new owner and/or
Company, which shall remain those adopted by the Administration at
the time of the issue of the original Statement of Compliance.
13.9 The Administration shall suspend and/or withdraw
the Statement of Compliance of a ship if it is no longer considered
to be compliant with the requirements of the CAS.
13.10 The Administration may reinstate a suspended
and/or withdrawn Statement of Compliance when it is satisfied that
the requirements of the CAS are again being met, but not beyond the
limits of the period and the terms and conditions of validity of the
Statement of Compliance previously established by the Administration.
13.11 The Administration shall withdraw
the Statement of Compliance of a ship if it is no longer entitled
to fly its flag.
13.12 If a ship to which a valid Statement
of Compliance has already been issued is transferred to the flag of
another Party, the new Administration may consider issuing a new Statement
of Compliance to that ship on the basis of the Statement of Compliance
issued by the previous Administration, provided that the new Administration
obtains from the previous Administration:
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.1 a certified copy of the Statement of Compliance
that the ship was issued with at the time of the transfer;
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.2 a statement certifying that the RO, which provided
the CAS Final Report to the previous Administration, is an RO authorized
to act on its behalf;
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.3 a status report from the RO that provided the
CAS Final Report to the previous Administration that, at the time
of transfer, all the terms and conditions justifying the issuance
of the Statement of Compliance to that ship are still valid and being
maintained; and
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.4 a copy of both the CAS Final Report and the
complete Review Record of all the CAS documentation relating to that
ship, which the previous Administration has compiled for the issue
or renewal and the maintenance of the validity of the Statement of
Compliance that the ship was issued with at the time of the transfer.
13.13 With a change of flag, for the
issuance of an Interim Statement of Compliance issued for a period
of not more than 90 days to allow the continued operation of the ship
while the new Administration performs a technical review and assessment
of the CAS Final Report and Review Record, the new Administration
shall need only to depend upon the certifications and status report
referred to in paragraph 13.12 and
provided by the previous Administration and the responsible RO.
13.14 On satisfactory completion of
the technical review and assessment of the CAS Final Report and Review
Record by the new Administration, under the circumstance of a change
of flag as described in paragraph 13.12,
a full term Statement of Compliance may be issued by the new Administration
limited to the period and no less than the terms and conditions of
validity of the Statement of Compliance issued by the previous Administration.
In the event the review is unsatisfactory, the new Administration
shall revert to the provisions of paragraphs
13.9 and 13.10.
13.15 Should a change of flag take place
during the course of a CAS survey, the new Administration shall determine
at what point in the CAS Schedule provided in annex 3 to MEPC/Circ.390
and under what conditions it will assume responsibility for and allow
the CAS survey to continue. Sufficient documentation should be provided
by the shipowner and the responsible RO to the new Administration
upon which to make its decision.