yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제16915호                           관             보               2009. 1. 9. (금요일)
 further review is warranted, it shall require the proposing Party to submit to the
 Committee a comprehensive proposal containing the information required in Annex 3,
 except where the initial proposal also includes all the information required in Annex
 3. Where the Committee is of the view that there is a threat of serious or irreversible
 damage, lack of full scientific certainty shall not be used as a reason to prevent a
 decision to proceed with the evaluation of the proposal. The Committee shall establish
 a technical group in accordance with article 7.
(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:
 (a) The technical group’s review shall include:
   (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;
   (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;
   (iii) consideration of available information on the technical feasibility of control
     measures and the cost-effectiveness of the proposal;
   (iv) consideration of available information on other effects from the introduction of
     such control measures relating to:
     -the environment (including, but not limited to, the cost of inaction and the impact
       on air quality);
     -shipyard health and safety concerns(i.e. effects on shipyard workers);
     -the cost to international shipping and other relevant sectors; and
   (v) consideration of the availability of suitable alternatives, including a consideration
     of the potential risks of alternatives.
 (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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   (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
 (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.
 (6) Only Parties may participate in decisions taken by the Committee described in
   paragraphs (3) and (5).
                                       ARTICLE 7
                                    Technical Groups
(1) The Committee shall establish a technical group pursuant to article 6 when a
 comprehensive proposal is received. In circumstances where several proposals are
 received concurrently or sequentially, the Committee may establish one or more
 technical groups as needed.
(2) Any Party may participate in the deliberations of a technical group, and should draw
 on the relevant expertise available to that Party.
(3) The Committee shall decide on the terms of reference, organization and operation
 of the technical groups. Such terms shall provide for protection of any confidential
 information that may be submitted. Technical groups may hold such meetings as
 required, but shall endeavor to conduct their work through written or electronic
 correspondence or other media as appropriate.
(4) Only the representatives of Parties may participate in formulating any recommendation
 to the Committee pursuant to article 6. A technical group shall endeavor to achieve

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제16915호                          관             보                 2009. 1. 9. (금요일)
 unanimity among the representatives of the Parties. If unanimity is not possible, the
 technical group shall communicate any minority views of such representatives.
                                         ARTICLE 8
                     Scientific and Technical Research and Monitoring
(1) The Parties shall take appropriate measures to promote and facilitate scientific and
 technical research on the effects of anti-fouling systems as well as monitoring of such
 effects. In particular, such research should include observation, measurement, sampling,
 evaluation and analysis of the effects of anti-fouling systems
(2) Each Party shall, to further the objectives of this Convention, promote the availability
 of relevant information to other Parties who request it on:
 (a) scientific and technical activities undertaken in accordance with this Convention;
 (b) marine scientific and technological programmes and their objectives; and
 (c) the effects observed from any monitoring and assessment programmes relating to
   anti-fouling systems.
                                         ARTICLE 9
                       Communication and Exchange of Information
(1) Each Party undertakes to communicate to the Organization:
 (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
 (b) on an annual basis, information regarding any anti-fouling systems approved,
   restricted, or prohibited under its domestic law.
(2) The Organization shall make available, through any appropriate means, information
 communicated to it under paragraph (1).
(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.
                                       ARTICLE 10
                                 Survey and Certification

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  A Party shall ensure that ships entitled to fly its flag or operating under its authority
are surveyed and certified in accordance with the regulations in Annex 4.
                                          ARTICLE 11
                         Inspections of Ships and Detection of Violations
(1) A ship to which this Convention applies may, in any port, shipyard, or offshore
  terminal of a Party, be inspected by officers authorized by that Party for the purpose
  of determining whether the ship is in compliance with this Convention. Unless there
  are clear grounds for believing that a ship is in violation of this Convention, any such
  inspection shall be limited to:
  (a) verifying that, where required, there is onboard a valid International Anti-fouling
    System Certificate or a Declaration on Anti-fouling System; and/or
  (b) a brief sampling of the ship’s anti-fouling system that does not affect the integrity,
    structure, or operation of the anti-fouling system taking into account guidelines
    developed by the Organization.* However, the time required to process the results
    of such sampling shall not be used as a basis for preventing the movement and
    departure of the ship.
(2) If there are clear grounds to believe that the ship is in violation of this Convention, a
  thorough inspection may be carried out taking into account guidelines developed by the
  Organization.*2)
(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.
(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.
                                          ARTICLE 12
                                             Violations
(1) Any violation of this Convention shall be prohibited and sanctions shall be established
* Guidelines to be developed.

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 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.
(2) Any violation of this Convention within the jurisdiction of any Party shall be
 prohibited and sanctions shall be established therefor under the law of that Party.
 Whenever such a violation occurs, that Party shall either:
 (a) cause proceedings to be taken in accordance with its law; or
 (b) furnish to the Administration of the ship concerned such information and evidence
   as may be in its possession that a violation has occurred.
(3) The sanctions established under the laws of a Party pursuant to this article shall be
 adequate in severity to discourage violations of this Convention wherever they occur.
                                       ARTICLE 13
                            Undue Delay or Detention of Ships
(1) All possible efforts shall be made to avoid a ship being unduly detained or delayed
 under article 11 or 12.
(2) When a ship is unduly detained or delayed under article 11 or 12, it shall be entitled
 to compensation for any loss or damage suffered.
                                       ARTICLE 14
                                    Dispute Settlement
 Parties shall settle any dispute between them concerning the interpretation or
application of this Convention by negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or arrangements, or other peaceful means
of their own choice.
                                       ARTICLE 15
                       Relationship to International Law of the Sea
 Nothing in this Convention shall prejudice the rights and obligations of any State under
customary international law as reflected in the United Nations Convention on the Law of
the Sea.

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                                        ARTICLE 16
                                        Amendments
(1) This Convention may be amended by either of the procedures specified in the
 following paragraphs.
(2) Amendments after consideration within the Organization:
 (a) Any Party may propose an amendment to this Convention. A proposed amendment
   shall be submitted to the Secretary-General, who shall then circulate it to the Parties
   and Members of the Organization at least six months prior to its consideration. In the
   case of a proposal to amend Annex 1, it shall be processed in accordance with article
   6, prior to its consideration under this article.
 (b) An amendment proposed and circulated as above shall be referred to the Committee
   for consideration. Parties, whether or not Members of the Organization, shall be
   entitled to participate in the proceedings of the Committee for consideration and
   adoption of the amendment.
 (c) Amendments shall be adopted by a two-thirds majority of the Parties present and
   voting in the Committee, on condition that at least one-third of the Parties shall be
   present at the time of voting.
 (d) Amendments adopted in accordance with subparagraph (c) shall be communicated by
   the Secretary-General to the Parties for acceptance.
 (e) An amendment shall be deemed to have been accepted in the following
   circumstances:
 (i) An amendment to an article of this Convention shall be deemed to have been
   accepted on the date on which two-thirds of the Parties have notified the Secretary-
   General of their acceptance of it.
 (ii) An amendment to an Annex shall be deemed to have been accepted at the end of
   twelve months after the date of adoption or such other date as determined by the
   Committee. However, if by that date more than one-third of the Parties notify the
   Secretary-General that they object to the amendment, it shall be deemed not to have
   been accepted.
 (f) An amendment shall enter into force under the following conditions:
   (i) An amendment to an article of this Convention shall enter into force for those
     Parties that have declared that they have accepted it six months after the date on
     which it is deemed to have been accepted in accordance with subparagraph (e)(i)
   (ii) An amendment to Annex 1 shall enter into force with respect to all Parties six
     months after the date on which it is deemed to have been accepted, except for any

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제16915호                           관             보              2009. 1. 9. (금요일)
    Party that has:
    (1) notified its objection to the amendment in accordance with subparagraph (e)(ii)
      and that has not withdrawn such objection;
    (2) notified the Secretary-General, prior to the entry into force of such amendment,
      that the amendment shall enter into force for it only after a subsequent
      notification of its acceptance; or
    (3) made a declaration at the time it deposits its instrument of ratification,
      acceptance or approval of, or accession to, this Convention that amendments to
      Annex 1 shall enter into force for it only after the notification to the Secretary-
      General of its acceptance with respect to such amendments.
   (iii) An amendment to an Annex other than Annex 1 shall enter into force with
    respect to all Parties six months after the date on which it is deemed to have
    been accepted, except for those Parties that have notified their objection to the
    amendment in accordance with subparagraph (e)(ii) and that have not withdrawn
    such objection.
 (g) (i) A Party that has notified an objection under subparagraph (f)(ii)(1) or (iii) may
   subsequently notify the Secretary-General that it accepts the amendment. Such
   amendment shall enter into force for such Party six months after the date of its
   notification of acceptance, or the date on which the amendment enters into force,
   whichever is the later date.
   (ii) If a Party that has made a notification or declaration referred to in sub-
    paragraph (f)(ii)(2) or (3), respectively, notifies the Secretary-General of its
    acceptance with respect to an amendment, such amendment shall enter into force
    for such Party six months after the date of its notification of acceptance, or the
    date on which the amendment enters into force, whichever is the later date.
(3) Amendment by a Conference:
 (a) Upon the request of a Party concurred in by at least one-third of the Parties, the
   Organization shall convene a Conference of Parties to consider amendments to this
   Convention.
 (b) An amendment adopted by such a Conference by a two-thirds majority of the
   Parties present and voting shall be communicated by the Secretary-General to all
   Parties for acceptance.
 (c) Unless the Conference decides otherwise, the amendment shall be deemed to have
   been accepted and shall enter into force in accordance with the procedures specified
   in paragraphs (2)(e) and (f) respectively of this article.

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제16915호                            관             보               2009. 1. 9. (금요일)
(4) Any Party that has declined to accept an amendment to an Annex shall be treated as
 a non-Party only for the purpose of application of that amendment.
(5) An addition of a new Annex shall be proposed and adopted and shall enter into force
 in accordance with the procedure applicable to an amendment to an article of this
 Convention.
(6) Any notification or declaration under this article shall be made in writing to the
 Secretary-General.
(7) The Secretary-General shall inform the Parties and Members of the Organization of:
 (a) any amendment that enters into force and the date of its entry into force generally
   and for each Party; and
 (b) any notification or declaration made under this article.
                                        ARTICLE 17
                  Signature, Ratification, Acceptance, Approval and Accession
(1) This Convention shall be open for signature by any State at the Headquarters of the
 Organization from 1 February 2002 to 31 December 2002 and shall thereafter remain
 open for accession by any State.
(2) States may become Parties to this Convention by:
 (a) signature not subject to ratification, acceptance, or approval; or
 (b) signature subject to ratification, acceptance, or approval, followed by ratification,
   acceptance, or approval; or
 (c) accession.
(3) Ratification, acceptance, approval, or accession shall be effected by the deposit of an
 instrument to that effect with the Secretary-General.
(4) If a State comprises two or more territorial units in which different systems of law
 are applicable in relation to matters dealt with in this Convention, it may at the time of
 signature, ratification, acceptance, approval, or accession declare that this Convention
 shall extend to all its territorial units or only to one or more of them and may modify
 this declaration by submitting another declaration at any time.
(5) Any such declaration shall be notified to the Secretary-General and shall state
 expressly the territorial units to which this Convention applies.
                                        ARTICLE 18
                                       Entry into force
(1) This Convention shall enter into force twelve months after the date on which not less
 than twenty-five States, the combined merchant fleets of which constitute not less
 than twenty-five percent of the gross tonnage of the world’s merchant shipping, have

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제16915호                           관                보          2009. 1. 9. (금요일)
 either signed it without reservation as to ratification, acceptance or approval, or have
 deposited the requisite instrument of ratification, acceptance, approval or accession in
 accordance with article 17.
(2) For States which have deposited an instrument of ratification, acceptance, approval
 or accession in respect of this Convention after the requirements for entry into
 force thereof have been met, but prior to the date of entry in force, the ratification,
 acceptance, approval or accession shall take effect on the date of entry into force of
 this Convention or three months after the date of deposit of instrument, whichever is
 the later date.
(3) Any instrument of ratification, acceptance, approval or accession deposited after the
 date on which this Convention enters into force shall take effect three months after the
 date of deposit.
(4) After the date on which an amendment to this Convention is deemed to have been
 accepted under article 16, any instrument of ratification, acceptance, approval or
 accession deposited shall apply to the Convention as amended.
                                       ARTICLE 19
                                       Denunciation
(1) This Convention may be denounced by any Party at any time after the expiry of two
 years from the date on which this Convention enters into force for that Party.
(2) Denunciation shall be effected by the deposit of written notification with the
 Secretary-General, to take effect one year after receipt or such longer period as may
 be specified in that notification.
                                       ARTICLE 20
                                          Depositary
(1) This Convention shall be deposited with the Secretary-General, who shall transmit
 certified copies of this Convention to all States which have signed this Convention or
 acceded thereto.
(2) In addition to the functions specified elsewhere in this Convention, the Secretary-
 General shall:
 (a) inform all States which have signed this Convention or acceded thereto of:
   (i) each new signature or deposit of an instrument of ratification, acceptance,
     approval, or accession, together with the date thereof;
   (ii) the date of entry into force of this Convention; and
   (iii) the deposit of any instrument of denunciation of this Convention, together with
     the date on which it was received and the date on which the denunciation takes

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