MARINE ADMINISTRATIONS

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Those involved in implementation of regulations

are:

Flag States

Port States

Shipowners

Seafarers

Flag States

The governments which have ratified conventions and thereby promised to put then into force

Port States

Which have authority under conventions to check that foreign ships visiting their ports comply with IMO requirements

Shipowners

Who own the ships and have the greatest responsibility – and opportunity – for ensuring that they are maintained in good condition.

Seafarers

Whose training and skill are vital to shipping safety and who stand to suffer most if something goes wrong.

Improving implementation

Actions taken by IMO include the following

particularly important ones:

Sub-Committee on Flag State Implementation

Establishment of regional port State control systems

ISM Code

STCW 95

Forms of Control

For international conventions to be effective they must be diligently enforced by the administrations of the states which are parties to the conventions.

Forms of Control

To ensure full and continuous control, marine administrations provide for:

*     Flag state control

*     Port state control

Flag State Control

Flag State to ensure ships flying its flag comply fully with:

Standards for construction

Requirements for equipment

Requirements for pollution prevention

Procedure and schedules for:

          -  Maintenance

          -  Survey

          -  Certification, as specified under the   relevant  international conventions, the   state has ratified.

Forms of Control

It is recognised by IMO[member states] that an administration may not be able to provide the control necessary when ships under its flag do not regularly call all ports under its jurisdiction.

As complementary to flag state control, the

conventions provide for control of foreign ships to be exercised by port states. This form of control is called the port state control.

Port State Control

Objective

the eradication of sub-standard ships which are a threat to safety of life at sea and the marine environment, and when operated have an unfair advantage over those which fully comply with the conventions.

Need For Control
(Provisions in IMO Conventions)

To complement Flag state implementation

Vessels do no call at Flag state regularly

Difficult to appoint inspectors or recognized organization at foreign ports

Breakdown of equipment in between surveys may occur

Need For Control

Prevent operation of sub-standard ships while avoiding competition between ports

Contribute towards:

-Increased level of safety

-Protection of marine environment

-Improved living conditions

Port State Control

A ship is regarded as sub-standard if:

The hull, machinery, or equipment are below the relevant convention standards through absence, non-compliance, or deterioration.

Absence of ship's certificates as required under the relevant conventions.

Port State Control

The source of authority for the exercising of port

state control is the national law based on the

relevant conventions.

It is therefore necessary for the port state to be a

party to those conventions and to have promulgated

the necessary legislation, before exercising port state control.

Promulgation

To make known publicly, by open declaration,

through a process which ensures all concerned

Parties are properly informed.

Port State Control

Main Principles

Port State recognizes international certificates issued by or on behalf of the Flag State.

A privilege extended only to parties to relevant conventions

Inspection of certificates unless there are clear grounds for detailed inspection

Port State Control

More Detailed Inspections

Condition of ship or its equipment does not correspond substantially with particulars of that certificate

Ship and / or equipment is not in compliance with requirements of the Conventions

Port State Control

More Detailed Inspections

Carried out on the basis of guidelines:

-IMO Resolution A.787(19) i.e Procedures for Port State Control

-IMO Resolution A.481(XII) and annexes i.e Principles of Safe Manning

-Annex 1 of the Memorandum of Understanding (MOU) on PSC

Port State Control

Examples of More Detailed Inspections

General inspections of various areas

Oily Water Separator operating routine

Equipment check

Check for unapproved modifications

Systems’ tests

Port State Control

Invalid certificates or ship/equipment do not correspond to certificates

Under the provisions of the Conventions, port State may:

Detain a ship until deficiencies have been rectified

Permit a ship to sail with deficiencies subject to conditions

Port State Control

Avoid unduly detaining or delaying ships

If equipment/system can be shown onboard and functional

If alternative equipment can be used

If deficiencies does not affect safety nor caused harm to environment

If the ship can be allowed to sail to the next nearest port for rectifying deficiencies

Port State Control

Ships of non-parties

Not been issued with an international certificate

May be issued with certificates of compliance by Flag State or Classification Society

May have alternative means of equivalent safety or environment protection

Port State Control

Ships of non-parties

Given no more favourable treatment

PSCO may accept certificate of compliance in lieu of detailed inspection,   or

Conduct more detailed inspection

Port State Control

Dealing with ship below convention size

Same as non-party ships

Ensure no danger to safety and environment

Ship and equipment, crew certification and minimum manning of flag State compatible with Conventions

Otherwise, more detailed inspections