PART 2

CONTRAVENTION OF DISCHARGE PROVISIONS

1. With illegal discharges, past experience has shown that information furnished to the flag State is often inadequate to enable the flag State to cause proceedings to be brought in respect of the alleged violation of the discharge requirements. This appendix is intended to identify information which will be needed by a flag State for the prosecution of violations of the discharge provisions under Annex II of MARPOL.

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1. It is recommended that in preparing a port State report on deficiencies, where contravention of the discharge requirements is involved, the authorities of a coastal or port State should be guided by the itemized list of possible evidence as shown in part 3 of this appendix. It should be borne in mind in this connection that:

.1 the report aims to provide the optimal collation of obtainable data; however, even if all the information cannot be provided, as much information as possible should be submitted;

.2 it is important for all the information included in the report to be supported by facts which, when considered as a whole, would lead the port or coastal State to believe a contravention has occurred; and

.3 the discharge may have been oil, in which case part 2 to appendix 3 of this resolution applies (Guidelines for Investigation and Inspections carried out under Annex I of MARPOL).

1. In addition to the port State report on deficiencies, a report should be completed by a port or coastal State, on the basis of the itemized list of possible evidence. It is important that these reports are supplemented by documents such as:

.1 a statement by the observer of the pollution. In addition to the information required under section 1 of part 3 of this appendix, the statement should include considerations which have led the observer to conclude that none of any other possible pollution sources is in fact the source;

.2 statements concerning the sampling procedures both of the slick and on board. These include location of and time when samples were taken, identity of person(s) taking the samples and receipts identifying the persons having custody and receiving transfer of the samples;

.3 reports of analyses of samples taken of the slick and on board; the reports should include the results of the analyses, a description of the method employed, reference to or copies of scientific documentation attesting to the accuracy and validity of the method employed and names of persons performing the analyses and their experience;

.4 a statement by the PSCO on board together with the PSCOs rank and organization;

.5 statements by persons being questioned;

.6 statements by witnesses;

.7 photographs of the slick; and

.8 copies of relevant pages of the Cargo Record Book, logbooks, discharge recordings, etc.

1. All observations, photographs and documentation should be supported by a signed verification of their authenticity. All certifications, authentications or verifications shall be executed in accordance with the laws of the State which prepares them. All statements should be signed and dated by the person making the statement and, if possible, by a witness

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to the signing. The names of the persons signing statements should be printed in legible script above or below the signature.

1. The report referred to in paragraphs 2 and 3 should be sent to the flag State. If the coastal State observing the pollution and the port State carrying out the investigation on board are not the same, the State carrying out the latter investigation should also send a copy of its findings to the State observing the pollution and requesting the investigation.

PART 3

ITEMIZED LIST OF POSSIBLE EVIDENCE ON ALLEGED CONTRAVENTION

OF THE MARPOL ANNEX II DISCHARGE PROVISIONS

1 Action on sighting pollution

1.1 Particulars of ship or ships suspected of contravention

.1 Name of ship and IMO Number

.2 Reasons for suspecting the ship

.3 Date and time (UTC) of observation or identification

.4 Position of ship

.5 Flag and port of registry

.6 Type, size (estimated tonnage) and other descriptive data (e.g. superstructure, colour and funnel mark)

.7 Draught condition (loaded or in ballast)

.8 Approximate course and speed

.9 Position of slick in relation to ship (e.g. astern, port, starboard)

.10 Part of the ship from which discharge was seen emanating

.11 Whether discharge ceased when ship was observed or contacted by radio

1.2 Particulars of slick

.1 Date and time (UTC) of observation if different from item 1.1.3

.2 Position of slick in longitude and latitude if different from item 1.1.4

.3 Approximate distance in nautical miles from the nearest land

.4 Depth of water according to sea chart

.5 Approximate overall dimension of slick (length, width and percentage thereof covered)

.6 Physical description of slick (direction and form, e.g. continuous, in patches or in windrows)

.7 Colour of slick

.8 Sky conditions (bright sunshine, overcast, etc.), lightfall and visibility (kms) at the time of observation

.9 Sea state

.10 Direction and speed of surface wind

.11 Direction and speed of current

1.3 Identification of the observer(s)

.1 Name of the observer

.2 Organization with which observer is affiliated (if any)

.3 Observers status within the organization

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.4 Observation made from aircraft (ship) (shore) or otherwise

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PART 2

CONTRAVENTION OF DISCHARGE PROVISIONS

1 With illegal discharges, past experience has shown that information furnished to the flag State is often inadequate to enable the flag State to cause proceedings to be brought in respect of the alleged violation of the discharge requirements. This appendix is intended to identify information which will be needed by a flag State for the prosecution of violations of the discharge provisions under Annex II of MARPOL.

2 It is recommended that in preparing a port State report on deficiencies, where contravention of the discharge requirements is involved, the authorities of a coastal or port State should be guided by the itemized list of possible evidence as shown in part 3 of this appendix. It should be borne in mind in this connection that:

.1 the report aims to provide the optimal collation of obtainable data; however, even if all the information cannot be provided, as much information as possible should be submitted;

.2 it is important for all the information included in the report to be supported by facts which, when considered as a whole, would lead the port or coastal State to believe a contravention has occurred; and

.3 the discharge may have been oil, in which case part 2 to appendix 3 of this resolution applies (Guidelines for Investigation and Inspections carried out under Annex I of MARPOL).

第二部分

违反排放条文

1 对于非法卸货，过去的经验表明，提供给船旗国的信息通常不足导致船旗国就涉嫌违反卸货要求提起诉讼。 本附录旨在确定船旗国起诉违反MARPOL附则II的排放规定所需要的信息。

2 在编写关于涉及违反排要求的缺陷的港口国报告时，建议沿岸国或者港口国当局以本附录第3 部份中所示的可用证据详细清单为准绳。在这一点上，应谨记：

.1报告旨在提供对可收集数据做优化整理； 但是，即使不能提供所有信息，也应提交尽可能多的信息；

.2重要的是，报告中所载的所有信息都应有事实依据，从整体上考虑时，该报告将使港口国或沿海国相信已经方发生违章行为

.3排放物可能是油，在这种情况下，适用本决议附录3的第2部分（《防污公约》附件I进行的调查和检查指南）

3 In addition to the port State report on deficiencies, a report should be completed by a port or coastal State, on the basis of the itemized list of possible evidence. It is important that these reports are supplemented by documents such as:

.1 a statement by the observer of the pollution. In addition to the information required under section 1 of part 3 of this appendix, the statement should include considerations which have led the observer to conclude that none of any other possible pollution sources is in fact the source;

.2 statements concerning the sampling procedures both of the slick and on board. These include location of and time when samples were taken, identity of person(s) taking the samples and receipts identifying the persons having custody and receiving transfer of the samples;

.3 reports of analyses of samples taken of the slick and on board; the reports should include the results of the analyses, a description of the method employed, reference to or copies of scientific documentation attesting to the accuracy and validity of the method employed and names of persons performing the analyses and their experience;

.4 a statement by the PSCO on board together with the PSCOs rank and organization;

.5 statements by persons being questioned;

.6 statements by witnesses;

.7 photographs of the slick; and

.8 copies of relevant pages of the Cargo Record Book, logbooks, discharge recordings, etc.

3 除了港口国关于缺陷的报告外，港口国或沿海国应根据证据的分项清单填写报告。 这些报告必须有以下列文件做补充

.1污染观察员的陈述。除了本附录第3部分第1节所要求的信息外，该声明还应包括使观察员断定事实上没有任何其他可能的污染源的考虑

.2关于油膜和船上取样程序的说明。 包括抽取样本的地点和时间、抽取样本人士的身分，以及确认收取和接收样本的人士的收据;

.3对油膜和船上取样的分析报告；报告应包括分析结果，所用方法的说明，，以证明所用方法的准确性和有效性的科学文件的出处或复印件，以及进行分析的人员的姓名和经历；

.4港口国监督官员在船上的声明以及港口国监督官员的职务和组织；

.5被问到的人的陈述；

.6证人的陈述；

.7油膜的照片；

.8货物记录簿、航行日志、卸货记录等有关页的副本。

4 All observations, photographs and documentation should be supported by a signed verification of their authenticity. All certifications, authentications or verifications shall be executed in accordance with the laws of the State which prepares them. All statements should be signed and dated by the person making the statement and, if possible, by a witness to the signing. The names of the persons signing statements should be printed in legible script above or below the signature.

5 The report referred to in paragraphs 2 and 3 should be sent to the flag State. If the coastal State observing the pollution and the port State carrying out the investigation on board are not the same, the State carrying out the latter investigation should also send a copy of its findings to the State observing the pollution and requesting the investigation.

4所有观察结果，照片和文件应附有真实性的签名证明。 所有证明，认证或验证均应根据国家的法律执行。 所有的陈述都应该由陈述人签字并注明日期，如果可能的话，还应该由签字的证人签字。 签署声明人的姓名须以清晰可读的文字印在签署上方或下方

5第2及第3段所述的报告应送交船旗国。 观察污染的沿海国和在船上进行调查的港口国不相同的，进行调查的国家还应当将调查结果副本送到观察污染的国家和要求进行调查的国家

PART 3

ITEMIZED LIST OF POSSIBLE EVIDENCE ON ALLEGED CONTRAVENTION

OF THE MARPOL ANNEX II DISCHARGE PROVISIONS

1 Action on sighting pollution

1.1 Particulars of ship or ships suspected of contravention

.1 Name of ship and IMO Number

.2 Reasons for suspecting the ship

.3 Date and time (UTC) of observation or identification

.4 Position of ship

.5 Flag and port of registry

.6 Type, size (estimated tonnage) and other descriptive data (e.g. superstructure, colour and funnel mark)

.7 Draught condition (loaded or in ballast)

.8 Approximate course and speed

.9 Position of slick in relation to ship (e.g. astern, port, starboard)

.10 Part of the ship from which discharge was seen emanating

.11 Whether discharge ceased when ship was observed or contacted by radio

第三部分

可能涉嫌违反《 MARPOL附则II排放规定》的简化清单

1 针对目标污染的行动

1.1 涉嫌违反《公约》的船舶详情 剩余内容已隐藏，支付完成后下载完整资料

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