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Art.6.4 |
(4) The technical group shall review the comprehensive proposal along with any additional data submitted by any interested entity and shall evaluate and report to the Committee whether the proposal has demonstrated a potential for unreasonable risk of adverse effects on non-target organisms or human health such that the amendment of Annex 1 is warranted. In this regard: |
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Art.6.4.a |
(a) The technical group's review shall include: |
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Art.6.4.a.i |
(i) an evaluation of the association between the anti-fouling system in question and the related adverse effects observed either in the environment or on human health, including, but not limited to, the consumption of affected seafood, or through controlled studies based on the data described in Annex 3 and any other relevant data which come to light; |
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Art.6.4.a.ii |
(ii) an evaluation of the potential risk reduction attributable to the proposed control measures and any other control measures that may be considered by the technical group; |
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Art.6.4.a.iii |
(iii) consideration of available information on the technical feasibility of control measures and the cost-effectiveness of the proposal; |
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Art.6.4.a.iv |
(iv) consideration of available information on other effects from the introduction of such control measures relating to: |
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Art.6.4.a.iv.1 |
- the environment (including, but not limited to, the cost of inaction and the impact on air quality); |
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Art.6.4.a.iv.2 |
- shipyard health and safety concerns (i.e. effects on shipyard workers); |
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Art.6.4.a.iv.3 |
- the cost to international shipping and other relevant sectors; and |
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Art.6.4.a.v |
(v) consideration of the availability of suitable alternatives, including a consideration of the potential risks of alternatives. |
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Art.6.4.b |
(b) The technical group's report shall be in writing and shall take into account each of the evaluations and considerations referred to in subparagraph (a), except that the technical group may decide not to proceed with the evaluations and considerations described in subparagraph (a)(ii) through (a)(v) if it determines after the evaluation in subparagraph (a)(i) that the proposal does not warrant further consideration. |
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Art.6.4.c |
(c) The technical group's report shall include, inter alia, a recommendation on whether international controls pursuant to this Convention are warranted on the anti-fouling system in question, on the suitability of the specific control measures suggested in the comprehensive proposal, or on other control measures which it believes to be more suitable. |
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Art.6.5 |
(5) The technical group's report shall be circulated to the Parties, Members of the Organization, the United Nations and its Specialized Agencies, intergovernmental organizations having agreements with the Organization and non-governmental organizations in consultative status with the Organization, prior to its consideration by the Committee. The Committee shall decide whether to approve any proposal to amend Annex 1, and any modifications thereto, if appropriate, taking into account the technical group's report. If the report finds a threat of serious or irreversible damage, lack of full scientific certainty shall not, itself, be used as a reason to prevent a decision from being taken to list an anti-fouling system in Annex 1. The proposed amendments to Annex 1, if approved by the Committee, shall be circulated in accordance with article 16(2)(a). A decision not to approve the proposal shall not preclude future submission of a new proposal with respect to a particular anti-fouling system if new information comes to light. |
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Art.8.2 |
(2) Each Party shall, to further the objectives of this Convention, promote the availability of relevant information to other Parties who request it on: |
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Art.8.2.a |
(a) scientific and technical activities undertaken in accordance with this Convention; |
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Art.8.2.b |
(b) marine scientific and technological programmes and their objectives; and |
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Art.8.2.c |
(c) the effects observed from any monitoring and assessment programmes relating to anti-fouling systems. |
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Art.9.1 |
(1) Each Party undertakes to communicate to the Organization: |
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Art.9.1.a |
(a) a list of the nominated surveyors or recognized organizations which are authorized to act on behalf of that Party in the administration of matters relating to the control of anti-fouling systems in accordance with this Convention for circulation to the Parties for the information of their officers. The Administration shall therefore notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognized organizations; and |
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Art.9.1.b |
(b) on an annual basis, information regarding any anti-fouling systems approved, restricted, or prohibited under its domestic law. |
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Art.9.2 |
(2) The Organization shall make available, through any appropriate means, information communicated to it under paragraph (1). |
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Art.9.3 |
(3) For those anti-fouling systems approved, registered or licensed by a Party, such Party shall either provide, or require the manufacturers of such anti-fouling systems to provide, to those Parties which request it, relevant information on which its decision was based, including information provided for in Annex 3, or other information suitable for making an appropriate evaluation of the anti-fouling system. No information shall be provided that is protected by law. |
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Art.11.3 |
(3) If the ship is detected to be in violation of this Convention, the Party carrying out the inspection may take steps to warn, detain, dismiss, or exclude the ship from its ports. A Party taking such action against a ship for the reason that the ship does not comply with this Convention shall immediately inform the Administration of the ship concerned. |
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Art.11.4 |
(4) Parties shall co-operate in the detection of violations and the enforcement of this Convention. A Party may also inspect a ship when it enters the ports, shipyards, 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 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 the appropriate action may be taken under this Convention. |
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Art.12.1 |
(1) Any violation of this Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the Administration is informed of such a violation, it shall investigate the matter and may request the reporting Party to furnish additional evidence of the alleged violation. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its laws. The Administration shall promptly inform the Party that reported the alleged violation, as well as the Organization, of any action taken. If the Administration has not taken any action within one year after receiving the information, it shall so inform the Party which reported the alleged violation. |
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Art.12.2.b |
(b) furnish to the Administration of the ship concerned such information and evidence as may be in its possession that a violation has occurred. |
