Part C - Surveys and certification
Regulation 10 - Surveys
1 Ships to which this Convention applies shall
be subject to the surveys specified below:
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.1 an initial survey before the ship is put in
service, or before the International Certificate on Inventory of Hazardous
Materials is issued. This survey shall verify that Part I of the Inventory
required by regulation 5 is in accordance
with the requirements of this Convention;
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.2 a renewal survey at intervals specified by
the Administration, but not exceeding five years. This survey shall
verify that Part I of the Inventory of Hazardous Materials required
by regulation 5 complies with the
requirements of this Convention;
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.3 an additional survey, either general or partial,
according to the circumstances, may be made at the request of the
shipowner after a change, replacement, or significant repair of the
structure, equipment, systems, fittings, arrangements and material.
The survey shall be such as to ensure that any such change, replacement,
or significant repair has been made in the way that the ship continues
to comply with the requirements of this Convention, and that Part
I of the Inventory is amended as necessary; and
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.4 a final survey prior to the ship being taken
out of service and before the recycling of the ship has started. This
survey shall verify:
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.1 that the Inventory of Hazardous Materials as
required by regulation 5.4 is in
accordance with the requirements of this Convention taking into account
the guidelines developed by the Organization;
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.2 that the Ship Recycling Plan, as required by regulation 9, properly reflects the information
contained in the Inventory of Hazardous Materials as required by regulation 5.4 and contains information
concerning the establishment, maintenance and monitoring of Safe-for-entry
and Safe-for-hot work conditions; and
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.3 that the Ship Recycling Facility(ies) where
the ship is to be recycled holds a valid authorization in accordance
with this Convention.
2 Surveys of ships for the purpose of enforcement
of the provisions of this Convention shall be carried out by officers
of the Administration, taking into account the guidelines developed
by the Organization. The Administration may, however, entrust the
surveys either to surveyors nominated for the purpose or to organizations
recognized by it.
3 An Administration nominating surveyors or recognizing
organizations to conduct surveys, as described in paragraph 2 shall,
as a minimum, empower such nominated surveyors or recognized organizations
to:
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.1 require a ship that they survey to comply with
the provisions of this Convention; and
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.2 carry out surveys and inspections if requested
by the appropriate authorities of a port State that is a Party.
4 In every case, the Administration concerned
shall be responsible to ensure the completeness and efficiency of
the survey and shall undertake to ensure the necessary arrangements
to satisfy this obligation.
5 The initial and renewal surveys should be harmonized
with the surveys required by other applicable statutory instruments
of the Organization.
Regulation 11 - Issuance
and endorsement of certificates
1 An International Certificate on Inventory of
Hazardous Materials shall be issued either by the Administration or
by any person or organization authorized by it after successful completion
of an initial or renewal survey conducted in accordance with regulation 10, to any ships to which regulation 10 applies, except for existing
ships for which both an initial survey and a final survey are conducted
at the same time, taking into account the guidelines developed by
the Organization.
2 The International Certificate on Inventory of
Hazardous Materials issued under paragraph 1, at the request of the
shipowner, shall be endorsed either by the Administration or by any
person or organization authorized by it after successful completion
of an additional survey conducted in accordance with regulation 10.
3 Notwithstanding regulation
14.2 and the requirements of regulation
10.1.2, when the renewal survey is completed within three months
before the expiry date of the existing certificate, the new certificate
shall be valid from the date of completion of the renewal survey to
a date not exceeding five years from the date of expiry of the existing
certificate.
4 When the renewal survey is completed after the
expiry date of the existing certificate, the new certificate shall
be valid from the date of completion of the renewal survey to a date
not exceeding five years from the date of expiry of the existing certificate.
5 When the renewal survey is completed more than
three months before the expiry date of the existing certificate, the
new certificate shall be valid from the date of completion of the
renewal survey to a date not exceeding five years from the date of
completion of the renewal survey.
6 If a certificate is issued for a period of less
than five years, the Administration may extend the validity of the
certificate beyond the expiry date to the maximum period specified
in regulation 10.1.2.
7 If a renewal survey has been completed and a
new certificate cannot be issued or placed on board the ship before
the expiry date of the existing certificate, the person or organization
authorized by the Administration may endorse the existing certificate
and such a certificate shall be accepted as valid for a further period
which shall not exceed five months from the expiry date.
8 If a ship at the time when a certificate expires
is not in a port in which it is to be surveyed, the Administration
may extend the period of validity of the certificate but this extension
shall be granted only for the purpose of allowing the ship to complete
its voyage to the port in which it is to be surveyed and then only
in cases where it appears proper and reasonable to do so. No certificate
shall be extended for a period longer than three months, and a ship
to which an extension is granted shall not, on its arrival in the
port in which it is to be surveyed, be entitled by virtue of such
extension to leave that port without having a new certificate. When
the renewal survey is completed, the new certificate shall be valid
to a date not exceeding five years from the date of expiry of the
existing certificate before the extension was granted.
9 A certificate issued to a ship engaged on short
voyages which has not been extended under the foregoing provisions
of this regulation may be extended by the Administration for a period
of grace of up to one month from the date of expiry stated on it.
When the renewal survey is completed, the new certificate shall be
valid to a date not exceeding five years from the date of expiry of
the existing certificate before the extension was granted.
10 In special circumstances, as determined by
the Administration, a new certificate need not be dated from the date
of expiry of the existing certificate as required by paragraph 4,
8 or 9 of this regulation. In these special circumstances, the new
certificate shall be valid to a date not exceeding five years from
the date of completion of the renewal survey.
11 An International Ready for Recycling Certificate
shall be issued either by the Administration or by any person or organization
authorized by it, after successful completion of a final survey in
accordance with the provisions of regulation
10, to any ships to which regulation
10 applies, taking into account the authorization of the Ship
Recycling Facility and the guidelines developed by the Organization.
12 A certificate issued under the authority of
a Party shall be accepted by the other Parties and regarded for all
purposes covered by this Convention as having the same validity as
a certificate issued by them. Certificates shall be issued or endorsed
either by the Administration or by any person or organization duly
authorized by it. In every case, the Administration assumes full responsibility
for the certificate.
Regulation 12 - Issuance or endorsement
of a certificate by another Party
1 At the request of the Administration, another
Party may cause a ship to be surveyed and, if satisfied that the provisions
of this Convention are complied with, shall issue or authorize the
issuance of a certificate to the ship, and where appropriate, endorse
or authorize the endorsement of that certificate on the ship, in accordance
with this Annex.
2 A copy of the certificate and a copy of the
survey report shall be transmitted as soon as possible to the requesting
Administration.
3 A certificate so issued shall contain a statement
to the effect that it has been issued at the request of the Administration
and it shall have the same force and receive the same recognition
as a certificate issued by the Administration.
4 No certificate shall be issued to a ship entitled
to fly the flag of a State which is not a Party.
Regulation 13 - Form of the certificates
The certificates shall be drawn up in an official language
of the issuing Party, in the form set forth in Appendices
3 and 4. If the language used
is not English, French or Spanish, the text shall include a translation
into one of these languages. The Administration may, however, issue
the International Certificate on Inventory of Hazardous Materials
drawn up only in an official language of the issuing Party to ships
not engaged in voyages to ports or offshore terminals under the jurisdiction
of other Parties to this Convention and the International Ready for
Recycling Certificate drawn up only in an official language of the
issuing Party to ships recycled in Ship Recycling Facilities under
the jurisdiction of the issuing Party.
Regulation 14 - Duration
and validity of the certificates
1 An International Certificate on Inventory of
Hazardous Materials issued under regulation
11 or 12 shall cease to be
valid in any of the following cases:
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.1 if the condition of the ship does not correspond
substantially with the particulars of the certificate, including where
Part I of the Inventory of Hazardous Materials is not properly maintained
and updated, reflecting changes in ship structure and equipment, in
accordance with the guidelines developed by the Organization;
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.2 upon transfer of the ship to the flag of another
State. A new certificate shall only be issued when the Party issuing
the new certificate is fully satisfied that the ship is in compliance
with the requirements of regulation 10.
In the case of a transfer between Parties, if requested within three
months after the transfer has taken place, the Party whose flag the
ship was formerly entitled to fly shall, as soon as possible, transmit
to the Administration copies of the certificates carried by the ship
before the transfer and, if available, copies of the relevant survey
reports;
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.3 if the renewal survey is not completed within
the periods specified under regulations
10.1 and 11; or
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.4 if the certificate is not endorsed in accordance
with regulation 11 or 12.
2 An International Certificate on Inventory of
Hazardous Materials shall be issued for a period specified by the
Administration, which shall not exceed five years.
3 An International Ready for Recycling Certificate
shall be issued for a period specified by the Administration that
shall not exceed three months.
4 An International Ready for Recycling Certificate
issued under regulation 11 or 12 shall cease to be valid if the condition
of the ship does not correspond substantially with the particulars
of the certificate.
5 The International Ready for Recycling Certificate
may be extended by the Administration or by any person or organization
authorized by it for a single point to point voyage to the Ship Recycling
Facility.
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