1 Parties shall co-operate in the detection of
violations and the enforcement of the provisions of this Convention.
2 If a ship is detected to have violated this
Convention, the Party whose flag the ship is entitled to fly, and/or
the Party in whose port or offshore terminal the ship is operating,
may, in addition to any sanctions described in Article 8 or any action
described in Article 9, take steps to
warn, detain, or exclude the ship. The Party in whose port or offshore
terminal the ship is operating, however, may grant such a ship permission
to leave the port or offshore terminal for the purpose of discharging
Ballast Water or proceeding to the nearest appropriate repair yard
or reception facility available, provided doing so does not present
a threat of harm to the environment, human health, property or resources.
3 If the sampling described in Article
9.1(c) leads to a result, or supports information received
from another port or offshore terminal, indicating that the ship poses
a threat to the environment, human health, property or resources,
the Party in whose waters the ship is operating shall prohibit such
ship from discharging Ballast Water until the threat is removed.
4 A Party may also inspect a ship 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 a ship is operating or has operated in violation of
a provision in this Convention. The report of such investigation shall
be sent to the Party requesting it and to the competent authority
of the Administration of the ship concerned so that appropriate action
may be taken.