Port State

PSC MoUs
Control
PSC Memorandum of Understanding
Port State Control MoUs are signed between member states in accordance with IMO
Resolution A.682(17) concerning regional co-operation in the control of ships and discharges.
Important points to be noted features of Memoranda of Understanding or MoUs are listed
below:

• They ensure that Port State inspections are carried out in a uniform manner in all
countries, in the region.

• These agreements cover the exchange of information about ships, their records and
the results of inspections carried out. This enables subsequent ports of call to target
ships that have not been recently inspected.

• They ensure that identified sub-standard ships are effectively monitored. This applies
especially to ships that have been allowed to sail with minor deficiencies on the
condition that these are rectified at the next port of call.

• In general, ships inspected within the previous six months are not re-inspected unless
there are “clear grounds” to do so.

• Ships, which visit multiple ports in vicinity, are not delayed by repeated boarding.

Relevant instruments
Relevant instruments for the purpose of the MoU are international conventions which the
visiting foreign ships are expected to comply with. They are normally:

• LOAD LINES 66 and LL PROT 88: The International Convention on Load Lines 1966
and the related Protocol of 1988.

• SOLAS 74/ SOLAS PROT 78/ SOLAS PROT 88: The International Convention for the
Safety of Life at Sea, 1974 and related Protocols of 1978 and 1988.

• MARPOL 73/78: The International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978.

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• STCW 78/95: The International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978 as amended in 95

• COLREGs 72: The Convention on the International Regulations for Preventing

Collisions at Sea, 1972

• TONNAGE 69: The International Convention on Tonnage Measurement of Ships,

1969

• ILO147/ILO147 PROT 96: The Merchant Shipping (Minimum Standards) Convention,

1976 (ILO 147) and the related Protocol of 1996

• The International Convention on Civil Liability for Oil Pollution Damage, 1992.

PSC authorities of a port state will apply those relevant instruments are in force and
to which its state is a party. In the case of amendments the authority will apply the
amendments which are in force and which its state has accepted.

However no favorable treatment is given to ships of non-Parties or to ships be

lowconvention size.

While the objectives of all the MoUs are common, they may vary in application due
to nonavailability of resources or expertise. The member states of an MoU have the
responsibility to-

• Enforce the provisions of the relevant instruments of the MoU

• Establish the infrastructure required for vessel inspection. This includes employing
port state control officers trained as per IMO guidelines.

• Take active part in the periodic PSC campaigns organized by the MoU

• Identify sub-standard vessels visiting its ports and ensure that they are upgraded

The following sections outline the guidelines to member states on employing and training
inspectors, carrying out PSC campaigns and identifying sub-standard vessels.

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Port State Control Officers (PSCOs)
The Port states have authorized Port State Control Officers (PSCOs). They are expected
tocarry an identity card while boarding for inspections.

The PSCO uses his/her own professional judgement in selecting areas for attention
and deciding on the depth and scope of the inspection. A satisfactory check may be
accomplished simply by sighting a piece of equipment in some cases, while in others it may
be necessary to look, question or test more closely. Some items included in the boarding
checklists may be omitted and some added to suit the ship.

IMO Model Course 3.09 sets out the training required to be imparted by the Port States to
their PSCOs. IMO resolution A.787(19), “Procedures for Port State Control” describes in
detail the qualifications. Briefly they are:

• The PSCO should be an experienced officer qualified as Flag State surveyor.

• PSCOs carrying out inspections of operational requirement should be qualified as:

a master or chief engineer and have appropriate seagoing experience, or have
qualifications from an institution recognized by the Administration in a maritime
related field and have specialized training to ensure adequate competence and skill,
or be a qualified officer of the Administration with an equivalent level of experience
and training, for performing inspections of the relevant operational requirements.

• The PSCO should be able to communicate in English with the key crew.

• Training should be provided for PSCOs to give the necessary knowledge of the
provision of applicable conventions, which are relevant to the conduct of Port State
Control.

• Periodical seminars for PSCOs should be held in order to update their knowledge
with respect to instruments related to Port State Control.

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PSC Campaigns
Regional PSC MoU members agree to carry out special or concentrated inspection
campaigns from time to time, for periods of usually three or four months. The focus is
normally on areas where the MoU has identified large number of deficiencies and new
convention requirements. These campaigns are often announced beforehand through press
releases and other means.

Past inspection campaigns have focused on the following areas:

• Structural safety of bulk carrier cargo holds

• Structural safety of tankers

• Crew accommodations

• GMDSS equipment and their operation

• Conformance with the ISM Code

• Conformance with ISPS Code

Substandard vessels
IMO defined a sub-standard vessel in 1975 as a vessel with “hull, machinery, or equipment,
such as for lifesaving, radio and fire-fighting…below the standards required by the relevant
conventions”. But practically the decision to declare a ship sub-standard and intervene is
left to the port state.

Vessels are not declared sub-standard on the basis of a list of identified defects alone.
PSCOs exercise their professional judgment to determine whether the ship is to

• Confo be detained until the deficiencies are corrected

• be allowed to sail with certain deficiencies which will not endanger the vessel, its
crew or the marine environment.

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The nature of the intended voyage will also be considered before arriving at a decision.

If the port state identifies serious deficiencies and decides to detain the vessel it will
inform the Embassy/Consulate of the Flag State and Class. It will also forward the list of
deficiencies, and the action taken to IMO.

In the event of a dispute, the onus of proving that undue delay was not caused rests with
the Port State.