MARPOL Consolidated Edition 2017
Chapter 2 - Survey, certification and means of controlRegu lation 96 A certificate issued to a ship engaged on short voyages that has not been extended under the foregoingprovisions of this regu lation may be extended by the Administration for a period of grace of up to one monthfrom the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be validto a date not exceeding five years from the date of expiry of the existing certificate before the extension wasgranted.7 In specia l circumstances, as determined by the Administration, a new certificate need not be dated fromthe date of expiry of the existing certificate as required by paragraph 2.1, 5 or 6 of this regu lation. In thesespecial circumstances, the new certificate shall be va lid to a date not exceeding five years from the date ofcompletion of the renewal survey.8 If an annual or intermediate survey is completed before the period specified in regulation 5 of thisAnnex, then:.1 the anniversary date shown on the certificate shal l be amended by endorsement to a date that shallnot be more than three months later than the date on which the survey was completed;.2 the subsequent annual or intermediate survey required by regulation 5 of this Annex shall becompleted at the intervals prescribed by that regulation using the new anniversary date; and.3 the expiry date may remain unchanged, provided one or more annual or intermediate surveys,as appropriate, are carried out so that the maximum intervals between the surveys prescribed byregu lation 5 of this Annex are not exceeded.9 A certificate issued under regulation 6 or 7 of this Annex sha ll cease to be valid in any of the followingcases:.1 if the relevant surveys are not completed w ithin the periods specified under regulation 5.1 of thisAnnex;.2 if the certificate is not endorsed in accordance with regu lation 5.1.3 or 5.1.4 of this Annex; and.3 upon transfer of the ship to the flag of another State. A new certificate sha ll only be issued w henthe Government issu ing the new certificate is fully satisfied that the ship is in compliance with therequirements of regulation 5.4 of this Annex. In the case of a transfer between Parties, if requestedw ithin three months after the transfer has taken place, the Government of the Party whose flag theship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies ofthe certificate carried by the ship before the transfer and, if avai lable, copies of the relevant surveyreports.International Energy Efficiency Certificate10 The International Energy Efficiency Certificate shal l be valid throughout the life of the ship subject to theprovisions of paragraph 11 below.11 An International Energy Efficiency Certificate issued under this Annex shall cease to be valid in any ofthe following cases:.1 if the ship is withdrawn from service or if a new certificate is issued following major conversion ofthe ship; or.2 upon transfer of the ship to the flag of another State. A new certificate sha ll only be issued w henthe Government issu ing the new certificate is ful ly satisfied that the ship is in compliance with therequirements of chapter 4 of this Annex. In the case of a transfer between Parties, if requestedwithin three months after the transfer has taken place, the Government of the Party whose flag theship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies ofthe certificate carried by the sh ip before the transfer and, if available, copies of the relevant surveyreports.MARPOL CONSOLIDATED EDITION 2017 279
Annex VI: Regulations for the prevention of air pollution from shipsRegulations 10, 11Regulation 10Port State control on operational requirements1 A ship, when in a port or an offshore terminal under the jurisdiction of another Party, is subject toinspection by officers duly authorized by such Party concerning operational requirements under this Annex,•where there are clear grounds for believing that the master or crew are not famil iar with essential shipboardprocedures relating to the prevention of air pollution from ships.2 In the circumstances given in paragraph 1 of this regulation, the Party shall take such steps as to ensurethat the ship shall not sai l until the situation has been brought to order in accordance w ith the requ irementsof this Annex.3 Procedures relating to the port State control prescribed in article 5 of the present Convention shall applyto this regulation.4 othing in this regulation shall be construed to limit the rights and obligations of a Party carrying outcontrol over operational requirements specifically provided for in the present Convention.5 In relation to chapter 4 of th is Annex, any port State inspection shall be limited to verifying, whenappropriate, that there is a valid International Energy Efficiency Certificate on board, in accordance witharticle 5 of the Convention.Regulation 11Detection of violations and enforcement1 Parties sha ll cooperate in the detection of violations and the enforcement of the provisions of thisAnnex, using all appropriate and practicable measures of detection and environmental monitoring, adequateprocedures for reporting and accumulation of evidence.2 A ship to w hich this Annex applies may, in any port or offshore termina l of a Party, be subject toinspection by officers appointed or authorized by that Party for the purpose of verifying whether the sh ip hasemitted any of the substances covered by this Annex in violation of the provision of this Annex. If an inspectionindicates a violation of this Annex, a report shall be forwarded to the Administration for any appropriate action.3 Any Party shall furnish to the Administration evidence, if any, that the ship has emitted any of thesubstances covered by this Annex in violation of the provisions of this Annex. If it is practicable to do so, thecompetent authority of the former Party sha ll notify the master of the ship of the alleged violation.4 Upon receiving such evidence, the Administration so informed shall investigate the matter, and mayrequest the other Party to furnish further or better evidence of the alleged contravention. If the Administrationis satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the allegedviolation, it sha ll cause such proceedings to be taken in accordance with its law as soon as possible.The Administration shall promptly inform the Party that has reported the alleged violation, as well as theOrganization, of the action taken.5 A Party may also inspect a ship to which th is Annex applies when it enters the ports or offshore term inalsunder its jurisd iction, if a request for an investigation is received from any Party together w ith sufficientevidence that the ship has em itted any of the substances covered by the Annex in any place in violation ofthis Annex. The report of such investigation sha ll be sent to the Party requesting it and to the Administrationso that the appropriate action may be taken under the present Convention.6 The international law concerning the prevention, reduction and control of pollution of the marineenvironment from ships, including that law relating to enforcement and safeguards, in force at the time ofapplication or interpretation of th is Annex, applies, mutatis mutandis, to the rules and standards set forth inthis Annex.• Refer to Procedures for port State control (resolution A .1 052(27)). Refer also to 2009 Guidelines for port State control under therevised MARPOL Annex VI (resolution MEPC.181(59)).280 MARPOL CONSOLIDATED EDITION 2017
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Chapter 2 - Survey, certification and means of control
Regu lation 9
6 A certificate issued to a ship engaged on short voyages that has not been extended under the foregoing
provisions of this regu lation 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.
7 In specia l 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 2.1, 5 or 6 of this regu lation. In these
special circumstances, the new certificate shall be va lid to a date not exceeding five years from the date of
completion of the renewal survey.
8 If an annual or intermediate survey is completed before the period specified in regulation 5 of this
Annex, then:
.1 the anniversary date shown on the certificate shal l be amended by endorsement to a date that shall
not be more than three months later than the date on which the survey was completed;
.2 the subsequent annual or intermediate survey required by regulation 5 of this Annex shall be
completed at the intervals prescribed by that regulation using the new anniversary date; and
.3 the expiry date may remain unchanged, provided one or more annual or intermediate surveys,
as appropriate, are carried out so that the maximum intervals between the surveys prescribed by
regu lation 5 of this Annex are not exceeded.
9 A certificate issued under regulation 6 or 7 of this Annex sha ll cease to be valid in any of the following
cases:
.1 if the relevant surveys are not completed w ithin the periods specified under regulation 5.1 of this
Annex;
.2 if the certificate is not endorsed in accordance with regu lation 5.1.3 or 5.1.4 of this Annex; and
.3 upon transfer of the ship to the flag of another State. A new certificate sha ll only be issued w hen
the Government issu ing the new certificate is fully satisfied that the ship is in compliance with the
requirements of regulation 5.4 of this Annex. In the case of a transfer between Parties, if requested
w ithin three months after the transfer has taken place, the Government of the Party whose flag the
ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of
the certificate carried by the ship before the transfer and, if avai lable, copies of the relevant survey
reports.
International Energy Efficiency Certificate
10 The International Energy Efficiency Certificate shal l be valid throughout the life of the ship subject to the
provisions of paragraph 11 below.
11 An International Energy Efficiency Certificate issued under this Annex shall cease to be valid in any of
the following cases:
.1 if the ship is withdrawn from service or if a new certificate is issued following major conversion of
the ship; or
.2 upon transfer of the ship to the flag of another State. A new certificate sha ll only be issued w hen
the Government issu ing the new certificate is ful ly satisfied that the ship is in compliance with the
requirements of chapter 4 of this Annex. In the case of a transfer between Parties, if requested
within three months after the transfer has taken place, the Government of the Party whose flag the
ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of
the certificate carried by the sh ip before the transfer and, if available, copies of the relevant survey
reports.
MARPOL CONSOLIDATED EDITION 2017 279