SR &G SHIPPING REGULATIONS & GUIDANCE Port State Control Update including current and future campaigns April 2017 Contents Introduction ...................................................................................................................................... 1 Regional PSC Agreements ............................................................................................................... 2 Recent and Future Concentrated Inspection Campaigns ................................................................. 5 Deficiencies and Observations ........................................................................................................ 6 Paris MoU 6 Tokyo MoU 8 United States 9 Checklist for a PSC Inspection ....................................................................................................... 11 Witherby Publishing Group - Shipping Regulations & Guidance Introduction Definition A port State administration is the government within whose territorial waters a port, anchorage or berth is located. In the United Kingdom for example, the Maritime and Coastguard Agency (MCA) is the port State control authority. Port State Control (PSC) is the inspection of foreign ships that do not fly the flag of the coastal State of the port that the ship is visiting. It is carried out by Port State Control Officers (PSCOs), who are usually surveyors or inspectors of the port State control authority. Purpose The purpose of a PSC inspection is to verify that the condition of the ship, its equipment, manning and operations comply with the requirements of international regulations. The International Maritime Organization (IMO) has stated that PSC is important in ensuring global maritime standards are implemented consistently on ships of different nationalities. This consistency of approach allows more ships to be inspected to the correct standards and improves sharing of maritime knowledge. It is complementary to flag State control. Consequences Where deficiencies are found that are considered a hazard to health, safety or the environment, the ship will have action taken against it by the port State. This could potentially result in fines and, depending on the severity of infringement, may result in a detention until the deficiencies are rectified. The ship’s staff may even be arrested if a criminal offence has been committed that violates the national law of the port State. IMO Framework The IMO has developed a framework to help promote the global harmonisation and coordination of PSC activities. This was adopted in Resolution A.1052(27). It includes the publication ‘Procedures for Port State Control’, 2012 edition. This is supported by IMO Resolution A.682(17) on ‘Regional co-operation in the control of ships and discharges’ which assists in harmonising regional PSC inspections, as a ship going to one port State will often visit other port States in the region. It is therefore more efficient if inspections are closely coordinated and resources are used to focus on substandard ships by avoiding multiple inspections of low-risk ships. The IMO issues updated guidance periodically to assist member States with compliance as it relates to PSC inspections. For example, in December 2016 the IMO issued MSC.1/Circ.1560, which contains advice for port State control authorities on action to be taken where not all seafarers carry certificates and endorsements meeting the 2010 Manila amendments to the STCW Convention and Code. Witherby Publishing Group - Shipping Regulations & Guidance 1 Regional PSC Agreements The establishment of the regional Port State Control organisations and implementation of Memoranda of Understanding (MoUs) facilitate regional inspections. A Memorandum of Understanding is an official document in which participating maritime authorities agree to follow a harmonised system of port State control. As of 2017, the nine regional MoUs and their member States are: Abuja MoU Angola, Benin, Cameroon, Cape Verde, Congo, Cote d’Ivoire, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mauritania, Namibia, Nigeria, Senegal, Sierra Leone, South Africa, Sao Tome and Principe, Democratic Republic of Congo and Togo. http://www.abujamou.org/index.php Acuerdo de Viña del Mar Argentina, Bolivia, Brazil, Chile, Colombia, Cuba, Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela. http://alvm.prefecturanaval.gob.ar/ Black Sea MoU Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine. http://www.bsmou.org/ Caribbean MoU Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, CaymaN Islands, Cuba, Curacao, Dominica, Grenada, Guyana, Jamaica, Montserrat, the Netherlands, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands. http://www.caribbeanmou.org/ Indian Ocean MoU Australia, Bangladesh, Comoros, Djibouti, Eritrea, Ethiopia, India, Iran, France (La Reunion), Kenya, Maldives, Mauritius, Mozambique, Myanmar, Oman, Seychelles, South Africa, Sri Lanka, Sudan, Tanzania and Yemen. http://www.iomou.org/ Mediterranean MoU Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Tunisia and Turkey. http://www.medmou.org/ Paris MoU Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, Norway, Poland, Portugal, Romania, the Russian Federation, Slovenia, Spain, Sweden and the UK. https://www.parismou.org/ Riyadh MoU Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and UAE. http://www.riyadhmou.org/ Tokyo MoU Australia, Canada, Chile, China, Fiji, Hong Kong, Indonesia, Japan, Republic of Korea, Malaysia, the Marshall Islands, New Zealand, Papua New Guinea, Peru, the Philippines, the Russian Federation, Singapore, Thailand, Vanuatu and Vietnam. http://www.tokyo-mou.org/ Frequency of Inspections Inspections may be conducted routinely (generally every six months) or at any time where there is doubt over the conformity and condition of a ship in port that does not fly the flag of the coastal State of the port. Certain types of ships, ships flying identified flags and older ships may receive more frequent PSC inspections. Each MoU has a central database that enables appropriate ships to be identified for inspection and, importantly, reduces the likelihood of ships with good PSC records being inspected too frequently. Considerations Ships will be considered as priorities for PSC inspections if they are: • Reported by pilots or port authorities, or are the subject of a report or notification by another authority • carrying dangerous or polluting goods and have failed to report the relevant information to the port and coastal State, or are suspected of violating the provisions on discharging harmful substances or effluents • the subject of a report or complaint by the Master, crew member or other person/ organisation with a legitimate interest in the safe operation of the ship • involved in a collision, grounding or stranding en route to the port • manoeuvred in an erratic or unsafe manner, where routeing measures were not followed • suspected of operating in a dangerous or hazardous way • suspended/withdrawn from Class for safety reasons in the previous six months. • When undertaking PSC inspections, ships are not to be unduly detained or delayed, and where this occurs they are entitled to compensation for loss or damage. However, where the ship is detained due to deficiencies, the costs accrued by the port State during the inspection will be charged to the shipowner, and the ship will not be permitted to sail until they are paid or a guarantee of payment provided. 2 Witherby Publishing Group - Shipping Regulations & Guidance Type of Inspection PSC inspections may be: • Initial – documentation, crew, general condition, machinery spaces and accommodation spaces • Detailed – as a result of missing or invalid documentation or there are clear grounds that the ship fails to meet international standards • Expanded – annually for specific ship types and ages • Suspended – where substandard conditions are found, inspections can be suspended until the ship is brought up to standard. The PSC inspection can then be continued. • Inspection Procedure • A typical initial PSC inspection sequence will involve inspecting: » Ship’s certificates » ship’s condition, equipment and the crew » prioritised areas of concern that have been identified. Where a ship is found to be compliant, a ‘clean’ inspection report will be issued to the Master and recorded on the MoU system. If a ship is found to be deficient, a PSCO will determine the action required, i.e. permitting the ship to sail with the noted deficiencies, provided that the deficiencies do not pose a threat to safety, health or the environment, or detaining the ship where the deficiencies are considered sufficiently serious to merit reinspecting the ship before it sails. There are non-exhaustive lists of detainable deficiencies grouped under the relevant conventions and codes. Where deficiencies cannot be rectified at the port, the authorities may permit the vessel to sail subject to specified conditions. Inspection Procedure A typical initial PSC inspection sequence will involve inspecting: • Ship’s certificates • ship’s condition, equipment and the crew • prioritised areas of concern that have been identified. Where a ship is found to be compliant, a ‘clean’ inspection report will be issued to the Master and recorded