8. If a ship is found by a Member State not to be in compliance with the standards for marine fuels which comply with this Directive, the competent authority of the Member State is entitled to require the ship to:
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(a)
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present a record of the actions taken to attempt to achieve compliance; and
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(b)
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provide evidence that it attempted to purchase marine fuel which complies with this Directive in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such marine fuel and that, despite best efforts to obtain marine fuel which complies with this Directive, no such marine fuel was made available for purchase.
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The ship shall not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance.
If a ship provides the information referred to in the first subparagraph, the Member State concerned shall take into account all relevant circumstances and the evidence presented to determine the appropriate action to take, including not taking control measures.
A ship shall notify its flag State and the competent authority of the relevant port of destination when it cannot purchase marine fuel which complies with this Directive.
A port State shall notify the Commission when a ship has presented evidence of the non-availability of marine fuels which comply with this Directive.