Investigating Shipping Pollution
Violations
Pacific Module 6: Port State Control
Aim
• Provide general information on Port State
Control (PSC) regimes
What is Port State Control?
• International Conventions allow the Port State to
exercise a limit of “control” over ships in their
waters (i.e. ‘Port State’)
• This mechanism of verifying ships’ compliance is
known as ‘Port State Control’ (PSC)
• PSC has assumed prominence in the shipping
industry because of consistent failure of the other
responsible parties to fully meet their obligations
PSC Codification
• Concept of Port State Control was codified in 1982
pursuant to UN Convention on the Law of the Sea
• IMO and ILO international conventions give powers to
countries to which ships travel to ensure that those
ships do not pose an unreasonable threat to the safety
of the ship, of its crew, or of its the marine environment
whilst in their waters
Purpose of Port State Control
• The purpose of PSC is to “verify that foreign
vessels entering (PSC) waters are in compliance
with strict international safety and anti-pollution
standards.”
• “The Port State Control objective is to detect and
inspect sub-standard ships and to help eliminate
the threat they pose to life, property, and the
marine environment.”
Function of Port State Control
PSC Officers verify ship compliance with the IMO
international conventions, the most common are:
• International Convention for the Safety of Life at Sea
(SOLAS)
• International Convention for the Prevention of Pollution from
Ships (MARPOL)
• International Convention on Load Lines (ICLL)
• International Convention on the Standards of Training,
Certification (STCW)
• Prevention of Collisions at Sea (COLREG)
• International Tonnage Convention (ITC)
• Merchant Shipping Minimum Standards (ILO 147) (1976)
Function of Port State Control
• Ensuring compliance with international rules
• Detaining substandard shipping when warranted
• Implementing a mutual agreed upon minimum # of
inspections
• Applying a targeting system when selecting vessels
to inspect
• Harmonizing and strengthening PSC procedures as
possible
• Providing technical assistance and training where
needed
The Nature of Port State Control
• PSC regimes usually (but not always) form
within an MOU organizational structure
• Black Sea MOU
• Caribbean MOU
• Indian Ocean MOU
• Mediterranean MOU
• Paris (Atlantic) MOU
• Tokyo (Pacific) MOU
• Vina Del Mar (SA) MOU
• Abuja (Africa) MOU
• Riyadh (Gulf States) MOU
Port State Control Regimes Span the Globe
Tokyo MOU Riyadh MOU Indian Ocean MOU
Paris MOU Black Sea MOU Acuerdo Vina del Mar
Abuja MOU Caribbean MOU Mediterranean MOU
PSC Inspections
• Procedures for Port State Control
– IMO Resolution A.787(19)
• Each MOU also has a Code of Good
Practice
• Targeted regime for ship inspections
• Qualified PSCOs
PSC Inspections
• Initial Inspection
• Clear grounds
– evidence that the ship, its equipment, or its crew does not
correspond substantially with the requirements of the
relevant conventions or that the master/crew members
are not familiar with essential shipboard procedures
relating to the safety of ships or the prevention of pollution
• Detailed inspection
Identification of a
Substandard/Unseaworthy Ship
“Substandard ship: A ship whose hull,
machinery, equipment, or operational safety
is substantially below the standards
required by the relevant convention or
whose crew is not in conformance with the
safe manning document”
Deficiencies
• Deficiencies
– A condition found that is not to be in
compliance with the requirements of a
relevant international convention, which has
a relevant convention control provision.
– Utilise a code system (1700-1799 related to
MARPOL Annex I)
• Recording of Actions
Detentions
• Detentions
– Detentions will result from a deficiency of a
serious nature or a combination of deficiencies
– Some jurisdictions maintain detention lists
• http://www.amsa.gov.au/Shipping_Safety/Port_State_
Control/Ship_Detention/200811.asp
• http://wwwapps.tc.gc.ca/Saf-Sec-Sur/4/PSCQ-
SRPSC/m.aspx?lang=e
• Ships which are unsafe to proceed to sea
should be detained upon the first inspection
irrespective of the time the ship will stay in
port or time required to rectify a deficiency.
Detentions
• MARPOL Annex I detainable deficiencies
– Absence, serious deterioration or failure of
proper operation of the oily water filtering
equipment, the oil discharge monitoring and
control system or the 15ppm alarm
arrangements
– Remaining capacity of slop and/or sludge tank
insufficient for intended voyage
– Oil Record Book not available
– Unauthorized discharge bypass fitted
PSC History relevance for pollution
• PSC history contributes to the management
and operation of the ships
– Use IMO number for ship and/or company
– Contact PSC Administration in your country
– Check MOU websites
– Check Lloyds Fairplay and EQUASIS websites
PSCO as advisors for pollution
violations
• PSC Officers can
– assist with technical expertise during the
investigation onboard the ship
– provide expert opinion as to certain activities
onboard the ship
Questions?
