Port State control (PSC)

Port State control is the control of

foreign flagged ships in national ports.

The control measures taken under port State control are

supposed to be regarded as complementary to national
measures taken by flag State administrations and are
intended to provide assistance to these administrations.

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 The Safety Net
A safety net has been created to prevent
substandard ships from trading on the high seas.
(1) international Conventions of the IMO;
(2) the Conventions of the ILO;
(3) flag State control;
(4) classification societies;
(5) the marine insurance industry; and
(6) port State control.

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 Flag State
Responsibility for monitoring the
compliance of ships with the
international standards for safety,
pollution prevention, security and
on-board living and working conditions
lies primarily with the flag State.

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 Flag State & Recognised Organisations
(Classification Societies)
1. Flag State (the Administration) may entrust the
inspection and surveys to Recognized
Organisations (usually Classification Societies).

2. The Administration shall fully guarantee the

completeness and efficiency of the inspection
and survey, and shall undertake to ensure the
necessary arrangements to satisfy this
obligation.
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 Shipowner or
Ship Management Company

Responsibility for maintenance of

the condition of the ship and its equipment after
survey to comply with the requirements of
Conventions applicable to the ship lies with
the shipowner or
ship management company.

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 The Safety Net
What if ?
* Flag of Convenience ?
** Substandard Classification Society?
*** Irresponsible owner?

Sub-standard ships

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 Substandard ships
• reduce operational costs (up to 15%?)

• Substandard shipowners have little concern for:

• Safety
• Marine pollution
• Working and Living conditions

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The importance of Port State Control

AIM:
Elimination of sub-standard ships

To verify whether foreign vessels meet with

international safety, security & environmental
standards, and that crew members have adequate
living and working conditions.

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 Flag State
Recognized
Organizatio
n

Shipow
ner

Port State Control

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 Elimination of sub-standard ships
Flag State Provide and implement
maritime safety regulations

Classification Society Enforcement through

classification and certification

Shipowner Ensure implemented standards

being maintained

Verify implementation and

Port State control enforcement

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 Control Provisions in IMO Conventions

• Port State authorities are empowered to

exercise port State control under the IMO
conventions to which they became parties.
Major control provisions of IMO and ILO
Conventions are listed below.
• SOLAS 74, Load Lines 66, MARPOL 73/78
• STCW 78, Tonnage 69 etc.
• ILO No.147

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 Regional Port State Control Agreements

• The first coordinated PSC Paris MOU was triggered by

the Amoco Cadiz oil spill in 1978.

• Ministers of 13 European countries, representatives of

the EC Commission, IMO and ILO, met in Paris in 1980,
where it was agreed to eliminate substandard ships by
coordination of port State control.

• At the 2nd ministerial conference in January 1982, the

Paris Memorandum of Understanding on Port State
Control was adopted and signed by 14 European
states. The Paris MOU has been in operation since July
1982.
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 IMO Resolution A.682(17)
To encourage regional co-operation in the
application of port State control

IMO adopted the Res A.682(17) on 1991

Regional Co-operation in
the Control of Ships and Discharges

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 Procedure for Port State Control
• In 1995, to standardize the port state control
procedure, the IMO adopted the Resolution
A.787(19) on
“Procedure for Port State Control”

• The Procedure is amended by the Resolution

A.882(21) in 1999

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 How MOU works?
Regional Maritime Authorities work together:

• an improved and harmonized system of PSC;

• strengthening co-operation; and
• the exchange of information

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 Paris MOU (Section 1) – Each Authority will

• maintain a PSC to ensure that foreign merchant ships

calling its port comply with “relevant instruments”.
• achieve an annual total inspections of 25% of foreign
merchant ships which entered its ports.
• consult, cooperate and exchange information with the
other Authorities.
• establish procedure for pilot services and port
authorities to inform PSC Authority, whenever they
learn in the course of their duties that there are
deficiencies which may prejudice the safety of the ship,
or which may pose a threat of harm to the marine
environment.

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 Paris MOU
Section 2 Relevant instruments
A foreign ship has to comply with:
• (1)LOAD LINES 66, (2)LL PROT 88
• (3)SOLAS 74, (4)SOLAS PROT 78,
• (5)SOLAS PROT 88
• (6)MARPOL 73/78 , (7)STCW 78,
• (8)COLREG 72, (9)TONNAGE 69,
• (10)ILO 147, (11)ILO147 PROT 96
• (12)CLC 92, (13)AFS2001, (14) BUNKERS 2001
**Each Authority shall apply these relevant instruments
which are in force and to which its State is a Party.

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 Paris MOU – Section 3.10.5
Banning for Black Listed flags
• Erika (1999) and Prestige (2002) oil pollutions
• gas/chemical/oil tankers, Bulk carriers, or passenger ships
• ship flying the flag appearing in the black list, and has 3
detentions within preceding 24 months;
• ship flying the flag described as "very high risk" or "high
risk" in the black list, and has
2 detentions within preceding 36 months.
• Refusal of access applicable immediately after leaving port.
• To lift the access refusal order: a formal request
accompanied with a certificate from the flag State showing
that the ship fully conforms to the applicable provisions of
the international conventions.

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 Paris MOU – Section 3.10.4
Banning for absence of ISM Certificates
• a ship without ISM certificates on board must be
detained.
• If no other deficiencies warranting detention,
detention may be lifted to avoid port congestion.
• Ships leaving port under these circumstances are
banned until valid ISM certificates have been
issued.

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 Paris MOU – Section 3.12
Banning for jumping detention or
failing to call at an indicated repair yard

• Ships which jump detention or fail to call at an

indicated repair yard are banned,

• until the owner or operator has provided

evidence to the satisfaction of the Authority
where the ship was found defective, that the ship
fully complies with all applicable requirements of
the relevant instruments.

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 Paris MOU – Targeting -3
Target Factor
• Ships visiting a port for the first time or after an absence of 12
months or more
• Ships not inspected within the previous 6 months
• Ship’s statutory certificates issued by an organization which is not
recognized by the Authority
• Ships flying a black-listed flag
• Ships with outstanding deficiencies
• Ships with recorded deficiencies or detention
• oil tankers, bulk carriers, passenger ships, gas and chemical tankers
• Flag state has not ratified all conventions

• ships above 13 years old

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 Paris MOU – Targeting -4
Overriding priority for inspection
• Ships which have been reported by pilots or port
authorities
• Ships carrying dangerous or polluting goods, which have
failed to report all relevant information
• notified by another Authority
• complaint by the master, a crew member, or any person
with legitimate interest
• Ships involved in a collision, grounding or stranding,
• Accused of discharge of harmful substances
• manoeuvred in an erratic or unsafe manner
• Class suspended or withdrawn in preceding 6 months.
(Annex 1/1.1)

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 Paris MOU – Targeting -5
Mandatory Expanded inspection
Erica and Prestige disasters – every 12 months
• Oil tankers of more than 3000 GT and older than 15 years of
age
• Bulk carriers, older than 12 years of age
• Passenger ships older than 15 years of age other than ro-ro
ferries and high-speed passenger craft
• Gas and chemical tankers older than 10 years of age (Annex
1/8.2)
• High risk ship to report “eligible for a MEI” status 3 days
before ETA

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 Paris MOU - Initial Inspection
• Visit on board a ship to check certificates and
documents listed in Annex 1/2
• Verify that crew and overall condition of the ship (incl.
ER and accommodation and incl. Hygienic conditions)
meet international rules and standards.
• In the absence of valid certificates or documents or
• if there are clear grounds for believing that the
condition of a ship or of its equipment, or its crew does
not substantially meet the requirements of a relevant
instrument, a more detailed inspection will be carried
out

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 Paris MOU – Annex 1/4
Examples of "clear grounds“ -1
• Ship with overriding priority for inspection
• statutory certificates or classification certificates issued
by an organization which is not recognized by the
Authority
• Ship flying a black-listed flag
• Ship with deficiencies to be rectified at the next port or
within 14 days
• Ships flying the flag of a non-Party to a relevant
instrument
• Inaccurate certificates and documents, or not updated

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 Paris MOU – Annex 1/4
Examples of "clear grounds“ -2
• crew members are unable to communicate with each other,
or with shore-based authorities;
• cargo and other operations not being conducted safely
• Missing record of the oil discharge monitoring and control
system for the last ballast voyage
• false distress alerts not properly cancelled
• absence of principal equipment or arrangements
• serious hull or structural deterioration or deficiencies
• excessively unsanitary conditions
• master or crew is not familiar with essential shipboard
operations
• absence of records of hours of work or rest of seafarers

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 Paris MOU - Annex 1/5
More detailed inspection
• a more detailed inspection in the area(s)
where clear grounds were established
• a more detailed inspection in other areas at
random
• further checking of compliance with on-board
operational requirements

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 Paris MOU – 3.92
Suspension
• as a result of the initial control and a more
detailed inspection, the overall condition of a
ship and its equipment, also taking the crew and
its living and working conditions into account, is
found to be sub-standard, the Authority may
suspend an inspection.

• The suspension of the inspection may continue

until the responsible parties have taken the steps
necessary to ensure that the ship complies with
the requirements of the relevant instruments.

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 Paris MOU – 3.10.1
Detention
• deficiencies which are clearly hazardous to safety,
health or the environment
• the hazard is removed before the ship is allowed
to proceed to sea
• notify the flag State Administration, classification
society, recognized organization
• may allow the ship concerned to proceed to the
nearest repair yard available
• also be notified of the release of detention
• Listed and published

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 Implication - PSC
Low Target Factor = Less inspections
How?
• ISM Code
• Well maintained ships
• Well trained crew
• Choice of Flag
• Choice of Class

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