Introduction to Port State Control

 
  
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THE GROWING IMPORTANCE OF PORT STATE CONTROL

Port State Control is the process by which a nation 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.

The stated purpose of Port State Control in its various forms is to

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

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WHAT IS PORT STATE CONTROL?

Port State Control (PSC) is a method of checking the successful
enforcement of the provisions of various international conventions
covering safety, working conditions and pollution prevention on
merchant ships.
Under international law the shipowner has prime responsibility for
ensuring compliance, with international and national obligations
Although MOU is understood as having an important role to prevent
a marine pollution, the MOU is not an international convention and
has no official status within the International Maritime Organization
(IMO).

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Agreement Areas

PARIS MOU:
Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia,
Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia,
Lithuania, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Russian Federation, Slovenia, Spain, Sweden, United Kingdom of
Great Britain and Northern Ireland

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Agreement Areas

TOKYO MOU:
Australia, Canada, Chile, China, Fidschi, Indonesia, Japan, Republic of
Korea, Malaysia, New Zealand, Papua New Guinea, Philippines,
Russian Federation, Salomon Islands, Singapore, Thailand, Vanuatu,
Vietnam, Hongkong (China)

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Agreement Areas

VIÑA DEL MAR MOU:

Argentine, Brazil, Chile, Cuba, Ecuador, Colombia, Mexico, Panama,
Peru, Uruguay, Venezuela

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Agreement Areas

CARIBBEAN MOU:
Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados,
Bermudas, British Virgin Islands, Cayman Islands, Dominica, Grenada,
Guayana, Jamaica, Monserrat, Netherlands Antilles, Saint Kitts &
Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname, Trinidad
& Tobago, Turks and Caicos Islands

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Agreement Areas

MEDITERRANEAN MOU:
Algeria, Cyprus, Egypt, Israel, Lebanon, Malta, Morocco, Tunisia,
Turkey, Palestine Authority

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Agreement Areas

INDIAN OCEAN MOU:

Australia, Eritrea, India, Iran, Kenya, Maldives Islands, Mauritius,
Oman, South Africa, Sri Lanka, Sudan,Tanzania

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Agreement Areas

ABUJA MOU:
Benin, Cape Verde, Congo, Cote d'Ivoire, Gabon, Gambia, Ghana,
Guinea, Liberia, Mauretania, Namibia, Nigeria, Senegal, Sierra Leone,
South Africa, Togo

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Agreement Areas

BLACK SEA MOU:

Bulgaria, Georgia, Romania, Russian Federation, Turkey, Ukraine.

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Aims of
Port State Control

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Since 1982 various countries have agreed within certain areas in the
world to co-operate with PSc and have signed an agreement called
"MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL"
The agreement establishes rules for
  training of the inspectors,
  inspections on a common scope, amount of inspections per year
  general agreements on clear grounds for detaining a ship,
  a database system for exchanging information about inspected
ships

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Legal Background:
The right to inspect ships by port states is laid down in following
Conventions:
· SOLAS Convention 74/78
· MARPOL Convention 73/78
· Loadline Convention 1966
· STCW Convention 1995
· Collision Prevention Regulations 1972
· ILO Convention Nr. 147 (crew accommodation)
· International Tonnage Convention 1969

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Legal Background:

Coastal Countries have the legal right to inspect ships in their

national waters to check whether they comply with all relevant
International Convention regulations. This right is laid down in the
IMO Res. A.787(19) amended by A.882(21) defining general rules
for the inspection and further actions.

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IMO Resolutions A.787(19) and A.882(21)

IMO Resolutions A.787(19) and A.882(21) are the cornerstone of any

Port State Control Program. Adopted in 1995 and 2000 respectively
these resolutions which may be enforced as international law provide
critical guidance on the control of substandard and non-compliant
vessels from the general examination, to the expanded examination
(based on clear grounds) to the detention of these vessels, if
needed. Contains comprehensive guidance for:
o the qualification and training requirements of inspectors
o procedural guidelines covering ship safety, pollution
prevention and manning requirements
o and detention of ships,

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Boarding
Procedures

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Boarding Procedures:

PSC Inspectors are boarding a ship without announcement and

primarily check the ship's documents for completeness and validity.

If there are any grounds to believe that the ship is substantially not
conforming with the international conventions, the inspector will carry
out an expanded inspection of the ship's condition and the required
equipment.

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Boarding Procedures:

The Master will receive an official inspection report consisting of Form A

and B.
  Form A lists the ship's details and the validity of the relevant
certificates.
  Form B shows the list of deficiencies found (if any), with an action
code which describes a timeframe for rectification for each
deficiency.

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Boarding Procedures:

If clear grounds are established that the ship forms a hazard to safety
and/or the environment, the PSCO has the right to

detain the ship in port

until the respective deficiencies have been rectified and resurveyed.
The PSC authority will either resurvey by own inspectors or ask for a
survey report from the Classification surveyor to verify the
rectification.
In case of a detention the PSC authority has the right to present a bill
about their inspection activities.
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Boarding Procedures:

Any detention has to be reported as soon as possible by the authority to

the:
 Flag state,
 the Classification Society
 IMO
The data about the inspection and the given timeframe for rectification are
entered in a computer system used by all members of a regional PSC
agreement.

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Action Codes 30

Action Codes
Action Codes
16
17
Action Codes

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Action Codes

The given timeframe for rectification of each deficiency is commonly

given in a coded form in the inspection report, called "action code".

Following codes are mainly used:

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Action Codes

30 = Grounds for detention

17 = Master instructed to rectify deficiency before departure

16 = to be rectified within 14 days

15 = to be rectified at next port of call

19 = rectify major non-conformity before departure

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Action Codes

18 = rectify non-conformity within 3 months

10 = deficiency rectified

40 = next port informed

50 = Flag state/consul informed

70 = Classification society informed

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Concentrated Inspection Campaigns (CIC)

The regional PSC MOU members from time to time agree to carry
out special inspection campaigns for a period of generally 3
months.
Within such campaigns special attention will be laid on
certain details during the regular inspections held onboard.

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EQUASIS

http://www.equasis.org
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EQUASIS

EQUASIS is a unique database containing as much information on

quality and safety of the world's merchant ships. It was established on
the basis of a Memorandum of Understanding signed on 17 May 2000
in IMO headquarters by the European Commission and maritime
administrations as follows: France, Singapore, Spain, the United
Kingdom, the US Coast Guard and Japan.

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EQUASIS

It displays information from Port State inspection and detention

information from the three participating PSC regions, i.e.

Paris MOU,
Tokyo MOU
USCG
and industry players (such as information on class, insurance,
participation in industry inspection schemes and quality
organizations), all free of charge

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³Black, Grey and White List´

In the 1999 Annual Report the traditional ³Black List´ of flags was
replaced by a ³Black, Grey and White List´. The tables are still
based on performance over a 3-year rolling period but now show the
full spectrum between quality flags and flags with a poor
performance which are considered a high or very high risk.

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Banning of ships
PARIS MOU in conjunction with the EC has published regulation valid
since 2003-07-01 about banning of ships from EC waters:
On the basis of EC Directive 2001/106/EC any
oil tanker,
product carrier,
Bulk carrier,
passenger ship

will be banned which flies a flag of ³very high risk´ acc. to the MOU
Black List and has been detained twice within three years
or
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Banning of ships

flies a flag of ³medium risk´ acc. to the MOU Black List and has been
detained 3 times within 2 years
The ban will only be lifted after official statements from class and flag
that the ship complies in full and a thorough inspection by PSC.

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Special rules for Expanded Inspections within PARIS MOU:

‰ Oil tankers over 15 years of age and 3000GRT,

‰ chemical and gas carrier over 10 years,
‰ bulkcarriers over 15 years
‰ passenger ships over 15 years
will be subject to an annual expanded inspection by PSC. The
regulation is valid since 2003-07-01

Masters have to report to PSC in advance if the next

inspection is due again.

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Performance of Classification Societies

When one or more detainable deficiencies are attributed to a

classification society in accordance with the criteria it is recorded and
class is informed.

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More Detailed Inspections

If the ship:
‡ does not carry valid certificates,
‡ if the PSCO from general impressions or observations on board
has clear grounds for believing that the condition of the ship or
its equipment does not correspond substantially with the
particulars of the certificates
‡ that the master or crew is not familiar with essential shipboard
procedures,
more detailed inspection should be carried out.

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Ship types
Looking at detentions by ship type over several years, it is noted that
general dry cargo ships and bulk carriers still account for over 74%
of all detentions.
Most ship types indicate a slowly decreasing trend in detentions.
Passenger ships have shown a substantial improvement compared
with last year.
On the other hand the detention percentage of Refrigerated Cargo
ships has increased, although it is too early to speak of a trend.

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Targeting a
ship for
inspection

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Paris MOU Target factor

The Target Factor is in two parts:

Generic Factor - based on History Factor - based on the

elements of the ship¶s profile ship¶s inspection history in the
including the relevant priority Paris MOU.
criteria.

The Overall Target Factor is calculated by adding the Generic

and History Factor but cannot be less that the Generic Factor.

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Target factor

Target Factor are re - calculated by SIReNaC at the end of each

month.

Based on the Target Factor, ships will be given a priority rating for
inspection, applying practice, how to decide priority rating inspection,
may explain in Port State Control manual using member States only.

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Ship Targeting System

Targeted Flag
On annual Paris MOU black list

Medium risk å
Medium to high risk
high risk
å
Very high risk 

Points:

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EU recognised classification society

Yes 
No 

Points:

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Targeted ship type

Is the vessel:
  a Bulk Carrier more than 12 years old,
  a Gas Carrier more than 10 years old,
  a Chemical Tanker more than 10 years old,
  an Oil Tanker >3000gt and > 15 years old
  a Passenger ship / Ro-Ro ferry?
Yes A
No 
Points:
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Ships more than 12 years old

graduated for non-targeted ship types (ref. above) and passenger ships

> 25 years 
21 - 24 years 

13 - 20 years

Points:

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Flag state has ratified all conventions

(ref. relevant instruments in Paris Memorandum text, ratification
information can be found on www.imo.org & www.ilo.org)

Yes 
No

Points:

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Class deficiency ratio above average

as identified in MOU annual statistics

0% or less 
0% - 2%

2% - 4% 
4% or more 

Points:

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Not Entered a region port for the last 12 months

Yes 
No 

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Not inspected in last 6 months

Yes

No 

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Detained during past 12 months

No 
Once
A

Twice 
Three Times åA

Points:

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Number of deficiencies per inspection during the last 12 months

Inspection 1 Inspection 2 Inspection 3

0 -15 0 0
1 to 5 1 to 5 0 1 to 5
6 to 11 6 to 11 6 to 11 5
11 to 20 11 to 20 11 to 20
21 + 21 + 21 +

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Number of deficiencies per inspection during the last 12 months

Inspection 4 Inspection 5
0 0
1 to 5 1 to 5
6 to 11 6 to 11
11 to 20 10 11 to 20
21 + 21 + 15

Total points for deficiencies 15

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Outstanding deficiencies from last inspection

The value for the outstanding deficiencies is applied only in respect

of the latest inspection
  for each listed action taken"rectify deficiency at next port"or
"master instructed to rectify deficiency before departure" and
for every two listed action taken "rectify deficiency within 14
days"and/or "other (specify in clear text) add 1 point.
  In case "all deficiencies rectified" is noted on the report deduct
2 points
Points:

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TARGET FACTOR:

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Thank You

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