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The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

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This is the original version (as it was originally made).

Issue and endorsement of IOPP Certificates

This section has no associated Explanatory Memorandum

12.—(1) This regulation applies to—

(a)an oil tanker of 150 GT and above; and

(b)a ship of 400 GT and above which is not an oil tanker,

which is engaged in international voyages.

(2) Subject to the payment of any fee due under the Merchant Shipping (Fees) Regulations 2018(1), following completion of an initial or renewal survey a Certifying Authority must issue an IOPP Certificate in respect of any ship described in paragraph (1) if that Certifying Authority is satisfied that the requirements of Annex I are being complied with in respect of that ship.

(3) Where a Certifying Authority is satisfied, following completion of an intermediate or annual survey, that the requirements of Annex I are being complied with, that Certifying Authority must endorse the IOPP Certificate in respect of that ship to that effect.

(4) The Secretary of State may request a Contracting State—

(a)to survey a ship to which this regulation applies; and

(b)to—

(i)issue, or authorise the issue of; or

(ii)endorse, or authorise the endorsement of,

an IOPP Certificate in respect of that ship, in accordance with the requirements of Annex I, if the Contracting State is satisfied that the ship complies with the relevant requirements of Annex I.

(5) Where an IOPP Certificate is issued under paragraph (4)—

(a)the Secretary of State is to be treated as the Certifying Authority in relation to it; and

(b)any reference in these Regulations to the Certifying Authority that issued the certificate is to be treated as a reference to the Secretary of State.

(6) The Secretary of State may, at the request of the Administration of a Convention Country, carry out a survey of a ship registered in that Country and if satisfied that the requirements of Annex I are complied with—

(a)issue an IOPP Certificate in respect of that ship; or

(b)endorse such a certificate in accordance with the requirements of Annex I.

(7) The Secretary of State must, as soon as possible after issuing or endorsing a certificate under paragraph (6), send to the requesting Administration—

(a)a copy of a certificate issued or endorsed in accordance with paragraph (6); and

(b)a copy of the corresponding survey report.

(8) A certificate issued or endorsed in accordance with paragraph (6)—

(a)must include a statement to the effect that it has been issued or endorsed at the request of the Administration of a Convention Country; and

(b)has the same force and must receive the same recognition as a certificate issued by the requesting Administration.

(9) An IOPP certificate issued or endorsed in accordance with this regulation must be in the form prescribed in Appendix II to Annex I, including the Supplements.

(10) An IOPP Certificate must not be issued in respect of a ship entitled to fly the flag of a State which is not a Convention Country.

(11) In this regulation “Contracting State” means a State which has consented to be bound by the Convention.

(1)

S.I. 2018/1104. There are amending instruments but none is relevant.

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