その他令和7年5月21日
船舶リサイクルに関する条約(MARPOL附属書VI関連条文)
号外p.51 - p.52
号外p.51-p.52
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船舶リサイクルに関する条約(MARPOL附属書VI関連条文)
令和7年5月21日|p.51-52
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4 With respect to ships entitled to fly the flag of non-Parties to this Convention, Parties shall
apply the requirements of this Convention as may be necessary to ensure that no more favourable
treatment ships.
ARTICLE 4
Each Party shall require that ships entitled to fly of1,00flag or operating under its authority
comply with the requirements set forth in this Convention and shall take effective measures to
ensure such compliance.
2 Each Party shall require that Ship Recycling Facilities under its jurisdiction comply with
the requirements set forth in this Convention and shall take effective measures to ensure such
compliance.
Each Party shall ensure that ships flying its flag or operating under its authority and subject to
survey and certification are surveyed and certified in accordance with the regulations in the Annex
Authorization of Ship Recvcling Facilities
Each Party shall ensure that Ship Recycling Facilities that operate under its jurisdiction and that
recycle ships to which this Convention applies, or ships treated similarly pursuant to Article 3.4 o
this Convention, accordance with the regulations in the regulations in the Annex.
ARTICLE 7
Exchange of information
For the Ship Recycling Facilities authorized by a Party, such Party shall provide to the
Organization, if requested, and to those Parties which request it, relevant information, in regard t
this Convention, on which its decision for authorization was based. The information shall be
exchanged in a swift and timely manner
ARTICLE 8
Inspection of ships
1 A ship to which this Convention applies may, in any port or offshore terminal of another
Party, be subject to inspection by officers duly authorized by that Party for the purpose of
determining whether the ship is in compliance with this Convention. Except as provided in
paragraph 2, any such inspection0.0limited to verifying that there0.0on board either an International
Certificate on Inventory of Hazardous Materials or an International Ready for Recycling
Certificate, which, if valid, shall be accepted.
2 Where a ship does not carry a valid certificate or there are clear grounds for believing
that:
1 the condition of the ship or its equipment does not correspond substantially with the
particulars of the certificate, and/or Part I of the Inventory of Hazardous Materials:
or
.2 there is no procedure implemented on board the ship for the maintenance of Part ]
of the Inventory of Hazardous Materials;
a detailed inspection may be carried out taking into account guidelines developed by the
Organization.
ARTICLE9
Detection of violations
Parties shall co-operate in the detection of violatiolations and the enforcement of the provisions
of this Convention.
2 When there is sufficient evidence that a ship is operating, has operated or is about to operate
in violation of any provision in this Convention, a Party holding the evidence may request an
investigation of this ship when it enters the ports or offshore terminals under the jurisdiction of
another Party. The report of such an investigation shall be sent to the Party requesting it, to the
Administration of the ship concerned and to the Organization, so that action may be taken as
appropriate.
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 taki
such action shall immediately inform the Administration of the ship concerned and the
Organization
4 Iffa request for an investigation is received from any Party, together with sufficient evidence
that a Ship Recycling Facility is operating, has operated or is about to operate in violation of any
provision of this Convention, a Party should investigate this Ship Recycling Facility operating
under its jurisdiction and make a report. The report of any such investigation shall be sent to the
Party requesting it, including information on action taken or to be taken, if any, and to the
Organization for appropriate action.
ARTICLE 10
Violations
1. Any violation of the requirements of this Convention shall be prohibited by national laws
and:
1 in the case of a ship, sanctions shall be established under the law of the
Administration, wherever the violation occurs. If the Administration is informed of
such a violation by a Party, 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 law. 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 inform the Party
which reported the alleged violation, and the Organization, of the reasons why no
action has been taken;
2 in the case of a Ship Recycling Facility, sanctions shall be established under the law
of the Party having jurisdiction over the Ship Recycling Facility. If the
Party is informed of such a violation by another Party, it shall investigate the matter
and may request the reporting Party to furnish additional evidence of the alleged
violation. If the Party is satisfied that sufficient evidence is available to enable
proceedings to be taken as soon as possible, in accordance with its law. The Party
shall promptly inform the Party that reported the alleged violation, as well as the
Organization, of any action taken. If the Party has not taken any action within one
year after receiving the information, it shall inform the Party which reported the
alleged violation, and the Organization, of the reasons why no action has been taken.
2 Any violation of the requirements of this Convention within the jurisdiction of any Party
shall be prohibited and sanctions shall be established under the law of that Party. Whenever such
a violation occurs, that Party shall either:
1 cause proceedings to be taken in accordance with its law; or
2 furnish to the Administration of the ship such information and evidence as may be
in its possession that a violation has occurred.
3 The sanctions provided for by the laws offa Party pursuant to this Article shall be adequate
in severity to discourage violations of this Convention wherever they occur.
p.51 / 2
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