Port State Control

1

> PSC background and organization

3Port State Control

► Purpose

► Inspection

► Authority – The rights of a port State

► Development of Port State Control

Background

4Port State Control

► Purpose

To establish a “safety net” in order to catch and eliminate substandard ships

► Inspections

on foreign ships in national ports

• condition of ship and its equipment

• manning and ships operations

undertaken on the basis of

• initiative of local Port State

• flag request

• information from anyone with interest in safety of the ship, crew, passengers and protection of marine environment

Purpose & Inspections

5Port State Control

► Port States have rights to exercise authority over ships in their waters

► National law based on relevant Conventions in force

Boarding & Inspection

Remedial action

Possible detention

► Provisions

SOLAS, MARPOL, LL, IGC, IBC, STCW, Tonnage, ILO

► Additional national rules and regulations

Example: the Oil Pollution Act, 1990 (OPA 90) adopted by the United States

Authority – The rights of a port State

6Port State Control

► Organisation of Port States

National Organisation : U.S.Coast Guard

Regional Memoranda of Understanding (“MOU”) in other areas

• exchange of information

• monitoring substandard ships

• uniform training PSCOs

Development of Port State Control

7Port State Control

► Regional Port State organisations:

Europe and the North Atlantic (Paris MOU)

Latin America (Acuerdo de Viña del Mar)

Asia and the Pacific (Tokyo MOU)

Caribbean (Caribbean MOU)

the Mediterranean (Mediterranean MOU)

the Indian Ocean (Indian Ocean MOU)

West and Central Africa (Abuja MOU)

the Black Sea region (Black Sea MOU)

Development of Port State Control

8Port State Control

► Paris MOU

Development of Port State Control

9Port State Control

Development of Port State Control

► Latin America MOU (Viña del Mar)

10Port State Control

Development of Port State Control

► Tokyo MOU

11Port State Control

Development of Port State Control

► Caribbean MOU

12Port State Control

Development of Port State Control

► Mediterranean MOU

13Port State Control

Development of Port State Control

► Indian Ocean MOU

14Port State Control

Development of Port State Control

► Abuja MOU

15Port State Control

Development of Port State Control

► Black Sea MOU

> Role of PSC

2

17Port State Control

► Relevant instruments

► Selection of ships

► The PSC inspection process

► Banning of ships

► Publication

► Black and Grey Lists of flags

General

18Port State Control

► Conventions:

Load Line 1966 / SOLAS 1974 / MARPOL 73/78

STCW 78 / COLREG 72 / Tonnage 69 / ILO 147

► National rules and regulations

► PSC applies relevant instruments applicable in “its” State

► No more favourable treatment for

ships of non-parties to conventions

ships below convention size

Relevant Instruments

19Port State Control

► Priority inspections

Ships reported by pilots, port authorities or another State

Ships reported by another PSC authority as having outstanding deficiencies

Failure to report information to relevant authority on dangerous/ polluting cargo’s

Operational concerns about the ship

• Collision, grounding on the way to the port

• Alleged pollution violation

• Erratic or unsafe manoeuvring or operated to pose danger to persons, property or environment

Ships suspended/ withdrawn from class for safety reasons

Target factor

Selection of ships

20Port State Control

► Inspections by target factor – Relevant factors

Owner / Operator

Charterer

Flag

Ship's type and age

Class-related detentions rate above average

Non IACS or non EU recognised class society

History of PSC inspections in MOU

• Ships visiting a port State region for the first time

• After an absence of at least 6 months

Target factor

► Target factor > 50, mandatory inspection if last inspection > 1 month

21Port State Control

► Initial inspection:

First impression

Documentation check

Walk around

► Clear grounds for more detailed inspection

Evidence that the ship, its equipment or its crew do not correspond to the requirements of relevant conventions

Master or crewmembers not familiar with essential shipboard operational procedures

► More detailed inspections

In-depth inspection covering the ship's construction, equipment, manning, living and working conditions

The PSC inspection process

22Port State Control

► Applicable for following ships:

oil tankers > 3000 gross tonnage and > 15 years

bulk carriers > 12 years

passenger ships > 15 years

gas and chemical carriers > 10 years

► Inspection frequency once a year

► In between expanded inspections a normal inspection is possible

The PSC inspection process – Expanded inspections

24Port State Control

► Ships proceeding to sea without complying with PSC conditions

detained ships

ships with suspended hazardous operations

► All ships not calling into the indicated repair yard

► Gas carriers, chemical tankers, bulk carriers, oil tankers and passenger ships

after the 2nd detention in 3 years if it is in the “very high risk” or “high risk” category on the Black List

after the 3rd detention in 2 years if it is in a lower risk category on the Black List

Banning of ships

25Port State Control

► Paris MOU website: List of banned ships

Banning of ships

26Port State Control

► Monthly lists of inspected/detained ships

► Annual report

black-grey and white list

statistics

Publication

27Port State Control

► Black and grey list

MOU Paris MOU Tokyo

Publication

> Performance of Class Societies

3

29Port State Control

► Responsibility criteria and performance

► Appeal procedure

► Follow-up actions

General

30Port State Control

Performances of Classification Societies

► Criteria for the responsibility assessment of the classification societies: “Class related detentions”

Deficiencies which warrant detentions covered by a CS survey or where CS has issued certification

Accidental damage will not be class related

Serious wastage will be listed as a CS responsibility

Outdated equipment will not be associated, unless outdated at the time of last survey

Expired statutory certificates will not be associated with CS

Time limit of 90 days generally placed on equipment deficiencies, unless it is apparent that the deficiency existed at the time of last survey

ISM deficiencies shall be class related only when the CS has issued the DOC or SMC and the deficiency existed at the last audit conducted by the CS

31Port State Control

Performances of Classification Societies

32Port State Control

Performances of Classification Societies

33Port State Control

Performances of Classification Societies

► Europe – Directive 94/57/EC

Regime of sanctions against the Recognized Organization (RO) in case of insufficient safety performances:

• Fines

• Suspension of the recognition

• Withdrawal of the recognition

34Port State Control

Performances of Classification Societies

► IACS

Definition of a number of Common Performance Indicators (CPIs) – Among these indicators, three are related to PSC:

• CPI 1: Members to be included on the Paris MOU and USCG high performance lists

• CPI 2: IACS and Member’s Paris, Tokyo MoU and USCG “Class related” detentions as a % of inspections

• CPI 3: IACS and Member’s Paris, Tokyo MoU and USCG total detentions as a % of inspections

Annual results reviewed by the IACS Advisory Committee and the IACS Council annual Quality Management Review

35Port State Control

Appeal Procedure

► Appeal against class-related decisions

Generally through the central PSC organization of the Country,

• Except in France and Italy: local

Preferable to appeal right on the spot, to the PSC Officer himself

• Easier as long as the detention is not recorded into the PSC database: after, this involves the hierarchy and heavier administrative burden

• Must be documented

BUT ABOVE ALL: THOROUGH SURVEYS IN FULL COMPLIANCE WITH RULES AND REGULATIONS IS THE BEST PREVENTION

AGAINST CLASS RELATED DETENTIONS

36Port State Control

Appeal Procedure

► Attitude in case of Class related detention:

Advise immediately SSOM + PSC Coordinator

Think APPEAL: does it look possible or not ? (number and magnitude of class related deficiencies, date of last surveys?)

Collect on board any possible documentation which could help to support an appeal action. Get from the master a statement that the equipment was in operating order at the time of the class survey. THIS WORKS!

Cooperate with the PSC on the deficiencies, whilst discussing the appeal. If not accepted, tell him that the society reserves its right of appeal.

MIND: Your own survey report will be part of the appeal file: no negative comment on the condition of the vessel. Just report the remedial actions to satisfy the PSC deficiencies, and take the advice from your SSOM and colleagues!

37Port State Control

COOPERATION WITH AUTHORITIES – RELATIONSHIP

Follow-up actions - KPI

200 18

38Port State Control

Follow-up actions – Neptune

39Port State Control

COOPERATION WITH AUTHORITIES – RELATIONSHIP

Follow-up actions – Neptune

40Port State Control

COOPERATION WITH AUTHORITIES – RELATIONSHIP

Follow-up actions – Neptune

41Port State Control

COOPERATION WITH AUTHORITIES – FOLLOW-UP

Follow-up actions – Neptune

> Detainable deficiencies

4

43Port State Control

Examples of detainable deficiencies

► Under SOLAS:

Failure of the main propulsion, electrical, pumping and steering system

Poor cleanliness of engine room

Absence, insufficient capacity or poor condition of LSA equipment

Absence, non-compliance or poor condition of FFE, ventilation valves, fire dampers and quick closing devices

Absence, non-compliance or poor condition of navigation lights, shapes and sound signals

Absence of corrected nautical charts and publications

Absence or failure of mandatory navigation systems and equipment

Number, composition or certification of crew not corresponding to safe manning certificate

Serious deficiency of crews operational competence

44Port State Control

Examples of detainable deficiencies

► Under LOAD LINES:

Significant areas of damage or corrosion affecting seaworthiness

Insufficient stability or ability to calculate stability conditions

Absence or poor condition of hull closing devices

Overloading

► Under MARPOL:

Absence, poor condition or failure of oily-water filtering equipment, oil discharge monitoring and control systems and alarms

Remaining capacity of slop and/or sludge tank insufficient for intended voyage

Absence of oil record book

45Port State Control

Examples of detainable deficiencies

► Under STCW:

Lack of or insufficient crewmember certificates/endorsements

Inadequate navigational or engineering watch arrangements/personnel

Crewmember competency not adequate for the duties assigned for the safety of the ship and the prevention of pollution

► Under ILO Conventions:

Insufficient food or potable water for next voyage

Excessively unsanitary conditions onboard

No heating in accommodation if ship operating in low temperature areas

Excessive garbage, blocked passageways

46Port State Control

► MOU Paris MOU Tokyo

ILO 147 related deficiencies

10%

Documentation10%

MARPOL related deficiencies

8%

Load lines5%

Propulsion & aux.machinery

8%

ISM related deficiencies

4%

Safety55%

Documentation ILO 147 related deficiencies

Safety Load lines

Propulsion & aux.machinery ISM related deficiencies

MARPOL related deficiencies

Safety60%

ILO 147 related deficiencies

3%

Documentation7%

MARPOL related deficiencies

11%

ISM related deficiencies

3%

Propulsion & aux.machinery

8%

Load lines8%

Documentation ILO 147 related deficiencies

Safety Load lines

Propulsion & aux.machinery ISM related deficiencies

MARPOL related deficiencies

Main categories of deficiencies

Most frequent deficiencies

47Port State Control

► MOU Paris MOU Tokyo

Safety in general

22%

Safety of navigation

20%

Carriage of dangerous

goods3%

Radio equipment

6%

Alarm - Signals

1%

Life saving appliances

24%

Fire safety measures

24%

Safety in general Safety of navigation

Fire safety measures Life saving appliances

Alarm - Signals Radio equipment

Carriage of dangerous goods

Safety related deficiencies

Safety in general

15%Safety of

navigation20%

Carriage of dangerous

goods1%

Radio equipment

7%

Alarm - Signals

1%

Life saving appliances

29%

Fire safety measures

27%

Safety in general Safety of navigation

Fire safety measures Life saving appliances

Alarm - Signals Radio equipment

Carriage of dangerous goods

Most frequent deficiencies