Port state control

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Signatories to the Paris MOU (blue), Tokyo MOU (red), Indian Ocean MOU (green), Mediterranean MOU (dark green), Acuerdo de Vina del Mar (yellow), Caribbean MOU (olive), Abuja MOU (dark red), Black Sea MOU (cyan) and Riyadh MOU (navy). Portstatecontrol.svg
Signatories to the Paris MOU (blue), Tokyo MOU (red), Indian Ocean MOU (green), Mediterranean MOU (dark green), Acuerdo de Viña del Mar (yellow), Caribbean MOU (olive), Abuja MOU (dark red), Black Sea MOU (cyan) and Riyadh MOU (navy).

Port state control (PSC) is an inspection regime for countries to inspect foreign-registered ships in port other than those of the flag state and take action against ships that are not in compliance. Inspectors for PSC are called PSC officers (PSCOs), and are required to investigate compliance with the requirements of international conventions, such as SOLAS, MARPOL, STCW, and the MLC. Inspections can involve checking that the vessel is manned and operated in compliance with applicable international law, and verifying the competency of the ship's master and officers, and the ship's condition and equipment. [2]

Contents

History

Port state control, 2021 [3] [4]
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In 1978, a number of European countries agreed in The Hague on a memorandum for the audit of labour conditions on board vessels as to whether they were in accordance with the rules of the ILO. After the Amoco Cadiz sank that year, it was decided to also audit safety and pollution practices. To this end, in 1982 fourteen European countries agreed on the Paris Memorandum of Understanding on Port State Control (Paris MoU) to establish port state control. Nowadays 26 European countries and Canada are signatories of Paris MoU. PSC was a reaction to the failure of those flag states   especially flag of convenience states  that had delegated their survey and certification responsibilities to classification societies.

Modeled on the Paris MOU, several other regional MOUs have been signed, including the Tokyo MOU (Pacific Ocean), [5] Acuerdo Latino or Acuerdo de Viña del Mar (South and Central America), [6] the Caribbean MOU, [7] the Mediterranean MOU, [8] the Indian Ocean MOU, [9] the Abuja MOU (West and Central Atlantic Africa), [10] the Black Sea MOU, [11] and the Riyadh MOU (Persian Gulf). [12]

Inspection and enforcement

The port state control (PSC) makes inspection of ships in port, taken by a port state control officer (PSCO). Annual report of Paris MoU reported that a total of 74,713 deficiencies were recorded during port state control inspections in 2007, which deficiencies resulted in 1,250 detentions that year. [13] Detention of the ship is the last course of action that a PSCO would take upon finding deficiencies aboard the vessel.

Courses of action a PSCO may impose on a ship with deficiencies (in order of ascending gravity) are: [14]

  1. Deficiencies can be rectified within 14 days for minor infractions.
  2. Under specific conditions, deficiencies can be rectified when the ship arrives at the next port.
  3. Deficiencies must be rectified before the ship can depart the port.
  4. Detention of the ship occurs.

Jurisdiction

The countries that implement PSC are referred to as port states. This term was established in UNCLOS, but the approach had been applied since ancient times. [15]

Port states effectively establish jurisdiction over foreign-flagged seagoing vessels visiting the ports of a port state. This jurisdiction is distinct from the one set up by the coastal states in their maritime zones, [16] primarily due to two considerations: [15]

Port states can, in addition to detention, sanction violations with fines. Port states can also in certain cases, for example if a ship violates the 0.5% sulphur limit of MARPOL Annex VI, assert jurisdiction for such violations which occur on the high seas. The extraterritorial jurisdictional basis for such enforcement and sanctioning is found within the special provisions of part XII of the United Nations Convention on the Law of the Sea (UNCLOS). [17]

Related Research Articles

<span class="mw-page-title-main">International Maritime Organization</span> Specialised agency of the United Nations

The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 17 March 1958. Headquartered in London, United Kingdom, IMO currently has 175 Member States and three Associate Members.

<span class="mw-page-title-main">United Nations Convention on the Law of the Sea</span> International maritime law

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of June 2016, 167 countries and the European Union are parties.

<span class="mw-page-title-main">MARPOL 73/78</span> International marine environmental convention

The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.

<span class="mw-page-title-main">Flag of convenience</span> Registering a ship in a foreign country

Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.

<span class="mw-page-title-main">Freedom of the seas</span> Customary international maritime law

Freedom of the seas is a principle in the law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary international agreement.

<span class="mw-page-title-main">Law of the sea</span> International law concerning maritime environments

Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.

The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the jurisdiction in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case.

The United States Coast Guard is the coastal defense, search and rescue, and maritime law enforcement branch of the United States Armed Forces and is one of the country's eight uniformed services. It carries out three basic roles, which are further subdivided into eleven statutory missions. The three roles are:

<span class="mw-page-title-main">National Cargo Bureau</span> American not-for-profit organization

The National Cargo Bureau (NCB) a not-for-profit marine surveying organization charged with assisting the U.S. Coast Guard with carrying out the provisions of the International Convention for the Safety of Life at Sea. The NCB was formed by a group of marine underwriters and the Coast Guard for the purpose of reducing losses of grain ships. Any ship loading grain in the US sailing for a foreign port must have a certificate issued by the NCB in order to sail( See U.S. Coast Guard Navigation and Vessel Inspection Circular No. 5-94 - NVIC 05-94 ). The NCB acts with and enforces the regulations of the Coast Guard in this area. Grain ships have unique stability issues and are prone to capsize if loaded improperly. Headquartered in New York City, the NCB has offices throughout United States.

Sector Commander is the position title of the commanding officer of a United States Coast Guard Sector, usually of the rank of Captain (O-6). The Sector Commander's second-in-command is the Deputy Sector Commander. Also reporting directly to the Sector Commander are the Command Master Chief (CMC), the Senior Reserve Officer, and the Sector's Auxiliary Coordinator.

Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas.

<span class="mw-page-title-main">USCG Activities Europe</span> US Coast Guard base in Chinnen, The Netherlands

United States Coast Guard activities Europe (ACTEUR) is a Coast Guard Marine Safety unit located in Schinnen, The Netherlands.

The port of Hong Kong is a deep water port located in southern China. It is one of the hub ports serving the South-East and East Asia region, and is a gateway to mainland China. The city of Hong Kong began as a colony of the United Kingdom. It was a free port, and became an international trade center connecting land and sea transport between China and other countries. The port has mature infrastructure and well-developed air-sea-land transport. It helps Hong Kong maintain its position on international trade centre and transshipment hub.

Ship registration is the process by which a ship is documented and given the nationality of the country to which the ship has been documented. The nationality allows a ship to travel internationally as it is proof of ownership of the vessel.

<span class="mw-page-title-main">Maritime Labour Convention</span> International Labour Organization Convention

The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 91 per cent).

Vessel safety surveys are inspections of the structure and equipment of a vessel to assess the condition of the surveyed items and check that they comply with legal or classification society requirements for insurance and registration. They may occur at any time when there is reason to suspect that the condition has changed significantly since the previous survey, and the first survey is generally during construction or before first registration. The criteria for acceptance are defined by the licensing or registration authority for a variety of equipment vital to the safe operation of the vessel, such as safety equipment, lifting equipment, hull structure, static stability, ground tackle, propulsion machinery, auxiliary machinery, etc. The SOLAS Convention, specifies safety equipment for commercial vessels operating internationally.

<i>Aquarius Dignitus</i>

The MV Aquarius, formerly Aquarius Dignitus and Aquarius 2, is a 1977-built dual-flagged search and rescue vessel, which has been used to rescue refugees and migrants stranded in the Mediterranean Sea since 2016. It has been chartered and operated since February 2016 by the NGOs SOS Méditerranée and Médecins Sans Frontières as a rescue vessel for migrants and refugees making the Mediterranean crossing in makeshift craft from Libya to Italy as part of the European migrant crisis.

International piracy law is international law that is meant to protect against piracy. Throughout history and legal precedents, pirates have been defined as hostis humani generis, Latin for "the enemy of all mankind". The United Nations has codified much of the law in the United Nations Convention on the Law of the Sea (UNCLOS), which defines different types of piracy and ways to combat it.

The Ships Safety Centers or in French "Centres de Sécurité des Navires" are specialized services of the French Directorate general for Maritime affairs, Fisheries and Aquaculture. They are responsible for ships surveying and participate in the protection of human life at sea and the prevention of pollution from ships. They are located along the French coast and overseas. Within these centers, ship safety inspectors are responsible for both surveys of French flag vessels and of foreign vessels under Port State Control.

<span class="mw-page-title-main">Caribbean MOU</span> Regional organization

The Caribbean Memorandum of Understanding on Port State Control is an international regional organization whose purpose is to organize and harmonize Port State Control inspections on ships calling at ports of its member states.

References

  1. Viña del Mar Agreement: Latin American Agreement on Port State Control of Vessels (PDF). Acuerdo de Viña del Mar. Retrieved 7 May 2018 via Центр Морского Бизнеса.
  2. Port State Control – The achievements of the Paris MoU – Marcella Lazzarini – LJMU 2015
  3. "Shipping Industry Flag State Performance Table 2022/2023" (PDF). International Chamber of Shipping. January 2023.
  4. "Current Registries Listed as FOCs". International Transport Workers' Federation. July 2021.
  5. "Memorandum of Understanding on Port State Control in the Asia-Pacific". www.tokyo-mou.org.
  6. ":: Acuerdo Viña del Mar 1992 ::". alvm.prefecturanaval.gob.ar.
  7. "Home | CaribbeanMOU". www.caribbeanmou.org.
  8. "Home". medmou.org.
  9. "Home- Welcome to Indian Ocean Memorandum of Understanding on Port State Control". www.iomou.org.
  10. "Abuja MOU". www.abujamou.org.
  11. "Black Sea MOU". www.bsmou.org.
  12. "Riyadh MoU". www.riyadhmou.org.
  13. Paris Mou (2007), "Deficiencies per major category", Annual Report 2007 – Paris MoU on Port State Control, Month Date, pp. 22–23.
  14. Özçayir, Z.O. (2004), "Practical Implication of Port State Control: The Contractual Effect of Port State Control Detentions". In Mitropoulos, E.E. Port State Control, 2nd ed, LLP, London, pp. 509, 520–521
  15. 1 2 Marten 2013, p. 2.
  16. Marten 2013, pp. 1–2.
  17. Jesper Jarl Fanø (2019). Enforcing International Maritime Legislation on Air Pollution through UNCLOS. Hart Publishing.

Sources