2.3.1 In exercising his/her functions, the PSCO
should use professional judgment to determine whether to detain the
ship until any noted deficiencies are corrected or to allow it to
sail with certain deficiencies which do not pose an unreasonable threat
of harm to the marine environment. In doing this, the PSCO should
be guided by the principle that the requirements contained in the
Annex, with respect to the construction, equipment and operation of
the ship, are essential for the protection of the marine environment
and that departure from these requirements could constitute an unreasonable
threat of harm to the marine environment.
2.3.2 In order to assist the PSCO in the use of
these guidelines, there follows a list of deficiencies, which are
considered to be of such a serious nature that they may warrant the
detention of the ship involved:
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.1 absence of valid IAPP Certificate, EIAPP Certificates
or Technical Filesfootnote;
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.2 a diesel engine, with a power output of more
than 130 kW, which is installed on board a ship constructed on or
after 1 January 2000, or a diesel engine having undergone a major
conversion on or after 1 January 2000, which does not comply with
the NOx Technical Code;
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.3 the sulphur content of any fuel oil being used
on board exceeds 4.5% m/m.
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.4 non-compliance with the relevant requirements
while operating within an SOx emission control area;
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.5 an incinerator installed on board the ship
on or after 1 January 2000 does not comply with requirements contained
in appendix IV to the Annex, or the standard specifications for shipboard
incinerators developed by the Organization (resolutions
MEPC.76(40) and MEPC.93(45));
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.6 the master or crew are not familiar with essential
procedures regarding the operation of air pollution prevention equipment
as defined in paragraph 2.2.7 above.