The Role Of Port State Control

Question 1

What is the key role played by the flag state?

Answer 1

Ensuring compliance with many aspects of international law

However, some flag states are less rigorous than others in requiring their shipowners to fulfil their obligations under the international conventions.

Question 2

What is Port State Control (PSC)?

Answer 2

A process by which a port state exercises authority over foreign ships when those ships are in waters subject to its jurisdiction.

The right to do this is derived from both domestic and international law.

Question 3

Why do port states have authority over foreign ships when those ships are in waters subject to its jurisdiction?

Answer 3

States may enact their own law imposing requirements on foreign ships trading in their waters.

States which are party to IMO conventions are empowered to verify that ships of other nations operating in their waters comply with the obligations set out in those conventions.

Question 4

What is the purpose of PSC?

Answer 4

To identify and eliminate ships which do not comply with internationally accepted standards as well as domestic regulations of the state concerned.

When ships are not in substantial compliance, the relevant agency of the inspecting state may impose controls to ensure that they are brought into compliance.

Question 5

The maritime nations of the world have entered into 9 separate international agreements in relation to PSC. What are the agreements called?

Answer 5

Memorandum of understanding

The 2 largest agreements in terms of members are:

(1) the Paris Memorandum of Understanding on Port State Control (Paris MOU)

(2) the Tokyo Memorandum of Understanding.

Question 6

When was the Paris MOU originally signed?

And how many members?

Answer 6

1982

27 maritime administrations covering Europe and Canada

Question 7

How many members does the Tokyo MOU have and when did it come into effect?

Where are the members located?

Answer 7

18 members in 1994.

Located around the Pacific rim

Question 8

Which country is not a member of either of the Paris MOU and the Tokyo MOU?

Answer 8

The USA

But the port state control is conducted in US ports through the US Coast Guard using the same underlying principles as the other MOUs state.

Question 9

There are 7 other MOUs

Answer 9

1. the Acuerdo de Vina del Mar, covering Latin America
2. The Caribbean MOU
3. The Abuja MOU covering West and Central Africa
4. The Black Sea MOU
5. The Mediterranean MOU
6. The Indian Ocean MOU
7. The Riyadh MOU

Question 10

In this way most of the world’s significant ports are covered by similar MOUs on port state control whereby vessels coming into the ports of a member country are subject to inspection by a local port state control inspector to ensure their compliance with the requirements of the relevant conventions.

What have the MOU members agreed?

Answer 10

To inspect a percentage of vessels coming into their ports and they use the IMO and ILO conventions as the measuring criteria

Question 11

How are ships selected for inspection?

Answer 11

Ships are identified for inspection using a central database and any vessel inspected within the last 6 months is not inspected again.

Priority is given to ships falling within certain categories, i.e.
- those which have not been recently inspect
- those released from ports with a list of deficiencies to remedy in a set period of time
- those which have had class suspended for safety reasons in the last 6 months.

Question 12

What does the inspection process involve?

Answer 12

• the inspection starts with a
  (1) vessel’s documentation and certificates, then moves on to
  (2) a physical inspection of the overall condition of the ship, including engine room and accommodation.

Question 13

What would trigger a more detailed inspection by the PSC inspector?

Answer 13

If there is reason to believe that

• the provisions of any of the relevant conventions are not being complied with
• procedures are not being followed by the crew
• the crew are not able to communicate freely with each other

Question 14

What happens when a ship passes the state control inspection?

Answer 14

• the Master is advised and the information is recorded on the central database.

Question 15

What are the consequences of a ship having serious deficiencies?

Answer 15

• it can be detained by the port authorities
• where the deficiencies are clearly hazardous to safety, health or the environment, the authorities will ensure that the hazard is rectified before the ship is allowed to proceed to sea.
• the vessel’s flag state will be notified asap.

Question 16

If the deficiencies cannot be remedied in the port of inspection, what happens?

Answer 16

• the authorities MAY allow the ship to proceed to another port,
• subject to any appropriate conditions to ensure that the ship can so proceed without unreasonable danger to safety, health or the environment.
• in this case, a follow-up inspection is normally carried out at the next port.

Question 17

What happens where ships are detained due to failing of the PSC inspection?

Answer 17

• recorded on the website of both the Paris and Tokyo MOUs
• can therefore be viewed by any party, including underwriters.