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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