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PREPARED BY:
AHMAD FARHAN BIN AWIS KHADZI
RINESHWARAN A/L RAVENDREN
SAMSUL NIZAM BIN MOHAMAD ZILLAH
MOHD ASRAF BIN GHANI

? 
Ô   
Ô

6 A ship needs to belong to a certain country. This is known


as the Ô Ô of the vessel, or the ? of the vessel.
6 By registering the vessel in a certain country, the Owner of
the vessel undertakes to follow the shipping law or the
Merchantile Marine Act of the country which is in keeping
with the mm àonvention.
6 The Administrating àountries have their vessels inspected
from time to time at regular intervals and verify that the
vessels conform with the Maritime Laws of that country and
with the safety standards of that country.
6 This type of an inspection is called ? m
  .
 
Ôm

6 Enforce high standard of compliance with international and


national rules and standards for registered ships.
6 Verify the actual condition of registered ships conform to
the certificates they carry. The scope of the verification
includes:
ΠHull, equipment and manning;
ΠSafety management; and
ΠSecurity systems

6 Ensure that the ship·s crew can effectively:


Œ ào-ordinate their activities in an emergency situation;
ΠPerform functions vital to safety; and
ΠPrevent or mitigate pollution
mÔ m
Ô

6 Pre-registration Inspections
6 Annual Safety Inspections
6 Detention Prevention Inspection
6 Post Detention Inspections
6 Post Marine àasualty Inspection
6 ISM (international safety management) Additional Audits
6 ISPS (international ship & port security) Verification Audits
6 Special Safety Inspections
?mÔ m
Ô mm
m mÔ ÔÔÔm
6 Drawing up the national document required by the
àonvention.
6 Providing a sufficient number of qualified inspectors
(training & competency).
6 Developing rules or regulations providing for Inspectors·
power status and independence.
6 Guidelines regarding inspectors· tasks and confidentiality.
6 Identification (credentials) for inspectors.
6 Reporting responsibilities.
6 Establishing a process for receiving and responding to
complaints or requests for information.
?mÔ m
Ô 
m mÔ ÔÔÔm
6 Appointment of flag state inspectors
6 Inspection, monitoring and other control measures
6 Issuance, renewal and withdrawal of Maritime Labour
àertificate (MLà)
6 Responding to seafarers complaints
6 Responding to requests for information about its ships
from port state control authorities
6 Taking enforcement action where ships are found not to
be in compliance with the requirements of the
àonvention
Ô m
Ô m 
mm

6 Dualified surveyors to conduct flag State control


inspections
6 The master receives an inspection report upon the
completion of an inspection
6 The master is required to rectify any deficiencies in
accordance with the conditions stated in the inspection
report
 Ô m Ôm

6 The Director of Marine may detain a registered ship if


it is unsafe or has violated any requirements or
regulations under:

[Section 113 of the Merchant Shipping Act


[Section 23 of the Prevention of Pollution of the Sea
Act


6 The ship owner or company may appeal against a


detention within 30 days from the date of notification.
6 The appeal should not cause the detention to be
suspended.
6 A ship owner or company that wishes to appeal should
state the reasons and provide supporting evidence in
writing to the Director of Marine.
Ô  Ô  ÔÔ
 Ôm
6 All flag states should endeavour to ratify the principal
international maritime treaties, including those adopted
by IMO and ILO.
6 A responsible flag state should be able to provide a
valid explanation for not having ratified any of the below
(see next slide).
6 In practice, flag states should be expected to implement
and enforce national regulations that comply with the vast
majority of the detailed requirements contained within
these international regulations.
ÎÎàONTINUED
6 As a minimum, flag states should be expected to have
ratified the following core international maritime
conventions:
 Ô
  

   
m 
   
m
  


   
 Protocol, the International Safety
Management (ISM) àode and the International Ship and Port Facility
Security (ISPS) àode (mm  
 Ô
  

   


      
m    
  the Protocol of 1978, including Annexes I -
VI (oil, bulk chemicals, dangerous packaged goods, sewage, garbage
and atmospheric pollution) (   
 Ô
  

      
    

     
ÎÎàONTINUED

 Ô
  

 m    

    

   Seafarers, 1978 as
amended, including the 1995 amendments (m
 
 Ô
        
  m  
  m   

 1976, including the 1996
Protocol (Ô ¦ ¦  
  
¦
à  

 International àonvention on àivil Liability for Oil Pollution
Damage, 1992, and the International àonvention on the
Establishment of an International Fund for àompensation for Oil
Pollution Damage, 1992 (

 
Ô Ô  
 
 
6 As a minimum, it is reasonable to expect flag states to have
implemented the detailed requirements of the international
maritime treaties listed above, and to have established 8 effective
mechanisms for their enforcement.
ΠFor example, SOLAS, amongst other conventions, provides for regular ship
surveys and the issue of certificates of compliance by the flag state, while
STàW requires certification of crew competence.

6 A simple means of assessing the extent to which international


regulations are being properly enforced is through an examination
of externally published data concerning the performance of ships
registered with particular flags
m ÔmÔ m m

6 In accordance with IMO Resolution A.739, flag states should


establish appropriate controls over organisations, such as
classification societies, nominated to conduct statutory surveys of
ships on their behalf.
ΠFlag states should specify instructions detailing actions to be
followed in the event that a ship is not found fit to proceed to
sea
Πprovide information concerning national regulations that give
effect to international maritime conventions
6 A verification and monitoring system should also be established to
ensure the adequacy of work performed by organisations acting on
a flag state·s behalf.
END OF SLIDES

THANK YOU

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