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The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

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Issue or endorsement of IBWM Certificates in respect of non-United Kingdom ships

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34.—(1) The Secretary of State, when requested to do so by a Contracting State other than the United Kingdom, may cause a survey to be carried out in respect of a ship which flies the flag of that Contracting State.

(2) If a survey has been carried out as described in paragraph (1) and is an initial or renewal survey, the Secretary of State must issue, or authorise the issue of, an IBWM Certificate where—

(a)a surveyor has notified a Certifying Authority that, at the date of that survey, they are satisfied of the matters referred to in regulation 26(1)(b) (issue of IBWM Certificates by a Certifying Authority in respect of United Kingdom ships); and

(b)any fee due under the Merchant Shipping (Fees) Regulations 2018 has been paid.

(3) If a survey has been carried out as described in paragraph (1) and is an intermediate or annual survey, the Secretary of State must endorse, or authorise the endorsement of, an IBWM Certificate where—

(a)a surveyor has notified a Certifying Authority that, at the date of that survey, they are satisfied of the matters referred to in regulation 27(1)(a) or (b) (endorsement of IBWM Certificates by a Certifying Authority in respect of United Kingdom ships) as appropriate; and

(b)any fee due under the Merchant Shipping (Fees) Regulations 2018 has been paid.

(4) An IBWM Certificate issued or endorsed under paragraphs (2) or (3)—

(a)must contain a statement that it has been issued or endorsed at the request of the Contracting State which made the request referred to in paragraph (1); and

(b)has the same effect as if it had been issued or endorsed by the Contracting State which made the request referred to in paragraph (1).

(5) The Secretary of State must, as soon as possible after the completion of a survey carried out under paragraph (1), send to the Contracting State which made the request a copy of—

(a)the IBWM Certificate issued or endorsed pursuant to paragraphs (2) or (3); and

(b)the report of the survey.

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