Port / Flag State control

Question 1

What is Flag state control?

Answer 1

Every state has the right to sail ships flying its flag on the high seas. Ships will then sail with that nationally of the flag, e.g. UK flag

The flag state of a ship effectively exercise its jurisdiction and control in administrative, technical, and social matters over ships flying its flag.

Question 2

What are the duties a flag state?

Answer 2

• Maintain a register of ships, including their names and particulars
• Assume jurisdiction under international law over each ship flying its flag
• Responsibility for ensuring for safety at sea, with regard to the construction, equipment and seaworthiness of the ship
• Responsibility for ensuring safety at sea, with regard to the manning of ships, labour conditions and training of crews
• Responsibility for ensuring safety at sea, with regard to the use of signals, maintenance of communications and the prevention of collisions

Question 3

What is the relationship between flag and port state?

Answer 3

Under UNCLOS article 94 it requires every state to conform with generally accepted international regulations, procedures and practises.

If a state believes that a ship is not complying with international regulations it can inspect the ships and report the findings to the flag state, the inspection will be carried out by the port state of which the vessel is in.

Question 4

What is port state control?

Answer 4

A port state control inspect ships to ensure they meet international safety, security and environmental standards. They will be carried out by a Port State Control Officer (PSCO) an example of a port state control in the UK is the MCA.

Question 5

What kind of inspections will the PSCO carry out?

Answer 5

• An initial inspection, this when the ship has previously been inspected and found to have deficiencies which need to be rectified before the next port of call
• More detailed inspection, this is following the initial inspection and the PSCO believes that there are clear grounds that the ship, equipment or crew do not meet international standards.
• Expanded inspections, this is carried out on high profile ships according to a ships ‘risk profile’. Expanded inspections can also be carried out on ships more than 12 years old in the following categories, regardless of their risk profile:
• Oil tankers
• Gas and chemical tankers
• Bulk Carriers
• Passenger ships