Professional Documents
Culture Documents
Seminar Documentation
Contents
Contents.........................................................................................................................................................2
1 PSC Overview.....................................................................................................................................3
1.1 History.............................................................................................................................3
1.2 Legal Background ..........................................................................................................4
1.2.1 Instruments............................................................................................................................ 4
1.2.2 Conventions........................................................................................................................... 4
1.3 Regional Agreements.....................................................................................................5
1.3.1 Aims....................................................................................................................................... 7
1.3.2 Scope of Inspections ............................................................................................................. 7
3 Statement of Deficiencies...............................................................................................................13
3.1 Definition of deficiencies ..............................................................................................13
3.2 Documentation of deficiencies.....................................................................................14
3.2.1 Information onboard............................................................................................................. 16
3.2.2 Co-operation Master - PSCO............................................................................................. 16
3.2.3 Information to third party...................................................................................................... 16
3.2.4 Costs ................................................................................................................................... 17
3.3 Possibilities for appeal .................................................................................................18
3.4 New regulations within PARIS MOU ...........................................................................19
3.5 Role of GL.....................................................................................................................20
3.5.1 Assistance on-scene............................................................................................................ 20
5 Summary...........................................................................................................................................24
6 Attachments .....................................................................................................................................25
1 PSC Overview
1.1 History
As a result of the Titanic Conference on 12th November 1914 the implementation of international
regulations for the safety at sea had been started. Certain governments with a shipping industry in their
country demanded unified regulations about minimum standards for ship constructions.
Among these regulations the basis for mutual acceptance of certifications and rules about safety at sea
and control of ships was laid down. Due to the war these agreements had to be postponed.
Already with the ratification of SOLAS '29 (Safety of Life at Sea, 1929) the possibility was implemented
to inspect ships of foreign flags in port. Since that time the regulations for inspection of ships had been
amended and also copied within other international conventions.
In SOLAS 74/78, Chapter I, „General Provisions“ within Reg. 19 Port State Control is defined by
reference to IMO Resolution A.787(19). This regulation forms the legal basis for the work of PSCO’s
(Port State Control Officer’s).
In 1978 the first Agreement called „The Hague Memorandum of Understanding“ had been worked out
by a number of european shipping authorities. In March 1978, the "Amoco Cadiz" disaster happened at
the Britanny coast causing a catastrophic oil spill. This incident demanded even stronger political
activities towards safety at sea.
Consequently in Europe the "Paris Memorandum of Understanding on Port State Control" was signed
by European governments in 1982 with the aim to start unified regulations for watching
• Standards for improving the safety of life at sea,
• Standards for preventing environmental pollution and
• Standards for improving living conditions onboard.
1.2.1 Instruments
The legal background for carrying out Port State Control is laid down in the IMO Resolution A.787(19)
(amended by Res. A.882 (21)) which forms the foundation of world wide PSC activities.
Furthermore PSC is regulated by following agreements:
• Regional Agreements called "Memorandum of Understanding on Port State Control",
• European Union Directive 95/21/EC dated 19.06.1995, as amended in 2001
• International Shipping Conventions in which the right for PSC inspections is laid down
1.2.2 Conventions
The right to inspect ships is laid down in following Conventions:
• SOLAS Convention 74/78 as amended
• MARPOL Convention 73/78 as amended
• Loadline Convention 1966 as amended
• STCW Convention 1995
• Collision Prevention Regulations 1972, (COLREG 72)
• International Convention on Tonnage Measurement of Ships 1969 (TONNAGE 1969)
• Antifouling System Convention (AFS 2001)
• Convention on Civil Liability for Oil Pollution Damage (PARIS MOU)
• Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention), C 147
Consequently a port state can check compliance with these convention regulations on each inspected
ship.
Some PSC-Organisations are publishing information about their work, aims and campaigns as well as
detained ship lists and other statistical data in the Internet:
• PARIS MOU: http://www.parismou.org
• TOKYO MOU: http://www.tokyo-mou.org
• USCG/PSC: http://homeport.uscg.mil/mycg/portal/ep/browse.do?channelId=-18371
• BLACKSEA MOU: http.//www.bsmou.org
• INDAIN OCEAN MOU: http.//www.iomou.org
• RIAD MOU http://www.riyadhmou.org
• Vina del Mar MOU http://200.45.69.62/
Generally the PSC authorities do not have a checklist but leave it to the judgement of the PSCO which
items are to be inspected.
1.3.1 Aims
The coastal countries have joined in the PSC Memoranda with following aims:
• Unified training of the PSCOs,
• Inspections under unified regulations,
• General agreement about criteria for deficiencies justifying a detention,
• Installation of a central data bank about inspected ships,
• Number of ships to be inspected per year and per member country; (i.e. in Europe each
country shall inspect 25% of all ships entering port(s)).
Just the USCG as PSC authority in the USA is checking ships also for compliance with certain national
regulations:
• 33 CFR 154-156 and 164 (pollution prevention, safety of navigation)
These regulation within the "Federal Code of Regulations" of the USA are valid as national law also for
foreign ships trading in national US waters.
Furthermore some countries are checking non-convention ships for complying with national minimum
requirements for the safety equipment.
2 Procedure of PSC
2.1 Procedure onboard
Ships without targeting points according o the above mentioned criteria which were inspected without
any deficiencies will generally not be inspected for the next 6 months within one MOU area.
The area PARIS MOU is developing a new risk based targeting system which will is going to reduce the
number of inspections on ships which are found without deficiencies possibly up to an interval of two
years. The implementation of the new system will still take some time and is scheduled for starting in
January 2011.
The PSCO has to announce his visit with the Master. On his way upstairs he will get a first general
impression about the ship’s condition.
He has to check the certificates of the ship and to get an impression of the conditions onboard. It is his
decision how he gets this impression: looking around on Deck, in the engine room, on the bridge etc..
Three different types of inspections regarding the scope can be carried out:
General Inspection:
The PSCO is boarding a ship without announcement. On his way to the Master he is gaining a first
impression about the ship's condition.
He introduces to the Master and in any case checks the ship's certificates and makes a tour around the
ship to get an impression about the condition of the ships and the state of maintenance.
"more detailed" inspection:
If The PSCO discovers reasons to suspect that the ship is substantially not complying with the
international convention regulations ("clear grounds") he should decide to carry out a "more detailed"
inspection.
Some PSC authorities have published checklists for the PSCOs as a basis of the inspection scope. A
detailed checklist however is not required by any international agreement.
According to the MOU agreements certain types of ships will be inspected once each year in the scope
of an"expanded inspection":
• Passenger ships,
• Bulk carrier with more than 12 years,
• Oil tanker over 20000GRT, Oil Product Carriers over 30000GRT and 20 years of age
• Gas- and Chemical tankers of more than 10 years of age
Within the area of PARIS MOU it is a rule that certain ships have to be controlled by an expanded
inspection on a fixed annual basis:
Oil tankers above 3000 GRT and over 15 years of age
Product- and Gascarrier over 10 years of age
Bulkcarrier over 12 years of age
Passenger ships over 15 years of age
Masters of those ships trading in the PARIS MOU area have to approach PSC annually if the next
scheduled expanded inspection is due. Regulations can be found in the PARIS MOU Internet page
under “Expanded Inspection Information”.
2.1.4 Detention
If the PSCO finds clear grounds that the ship by it's condition forms a major hazard to the safety
onboard and/or to the environment, he has the right to detain the ship until the hazardous deficiencies
have been rectified.
Within the agreements there is no detailed definition or list for ground for detention. Again there are only
examples mentioned which may lead to the conclusion that a ship is "substandard".
The PSCO again decides by his professional judgement which circumstances are justifying a
detention.
Where deficiencies definitely can not be remedied in the particular port, the PSCO may allow the ship to
proceed to another port for rectification. He will advise the next port about such decision and probably
ask for a re-detention.
Masters should carefully read the PSC report handed over by the PSCO and discuss the matters for
clarification about the regulations which are contravened. He should ask the PSCO to explain
deficiencies and shall not hesitate to discuss the justification of deficiencies which are possibly doubtful
for him.
In accordance with IMO Res. A.882(21) PSC inspectors can check the ISM system onboard. As they
generally are no auditors, they just can check the documentation and ask questions in order to find out
whether the SMS is functioning. The presence of several technical deficiencies will give rise to the
presumption that the SMS is not satisfactorily working.
PSC Inspectors can list a deficiency stating that the SMS is possibly not working and that the owners
have to deal with the society auditing the system in order to find possible non-conformities.
The action codes used for determining the timeframe for rectification are names as “…non-conformity to
be rectified….” although the PSCO is not entitled to determine non-conformities.
In order to assist the PSCO in checking the system IMO has published a question list with 11 questions
to be asked to provide an overview about the implementation of the system.
ISPS inspections
PSCOs are entitled to check also the adherence to the ISPS code onboard. The IMO Res. MSC.159(78)
gives guidelines how an “Officer duly authorized” has to deal with checks of the Security system . The
United States with the Coast Guard are doing a complete check, while other countries have nationally
decided that PSC is restricting their inspection to access control and certificate verification.
PSC will generally check the access control at the ship’s entrance, and the validity of the ISSC. The
inspectors are not entitled to review the complete Security Manual. If they find clear grounds that the
security system is not maintained onboard according to the regulations, they will call the Port Security
Facility Officer do carry out a more detailed inspection.
If the ship does not correspond substantially with the regulations, the port authority (PSC) may detain or
even expel the ship from the port, if an existing threat to the country’s security is presumed.
3 Statement of Deficiencies
3.1 Definition of deficiencies
Deficiencies are seen as non-conformities with the international convention regulation. They can be
defined as:
• technical deficiencies
• operational Deficiencies
• deficiencies in the documentation
For statistical purposes a coding system for listing the deficiencies is internationally in use.
The complete list of codes you can find in Attachment 5.
The time window for rectification stated by the PSCO for each deficiency is also mentioned in the report
in coded form.
10 deficiency rectified
12 all deficiencies rectified
15 rectify deficiencies at next port
16 rectify deficiency within 14 days
17 Master instructed to rectify deficiency before departure
18 rectify non-conformity within 3 months
19 rectify major non-conformity before departure
26 ISPS competent authority informed
27 ship expelled for security grounds
30 grounds for detention
40 next port informed
45 next port informed to re-detain
47 as in agreed class condition
50 flag state consul informed
55 flag state consulted
65 operation stopped
70 classification society informed
80 temporary substitution of equipment
81 temporary repair
85 investigation of contravention of discharge provisions (MARPOL)
99 other (specify in clear text)
Only some of the codes you will find in the PSC-Reports, the others are mainly used for the input in the
PSC computer data base.
Some areas are using some different action codes however the main codes are used worldwide.
The codes “A” – “Q” used presently by PARIS MOU are cancelled and the number codes used again!
Form B:
• List of deficiencies, with respective coding
• relevant Convention Regulation
• time window for rectification
• description of deficiency
example of electronic format:
3.2.4 Costs
PSC - Inspections generally are free of charge.
In case of a detention the PSC authority is entitled to charge the costs for their duties to the owners.
The payment has to be settled prior to release from detention.
The right for charging the costs is laid down in the PSC agreements and for the European countries by
an EC directive.
In other regions it is up to the national legislation how fees can be levied.
"2.6.11 The company or its representative have a right to appeal against a detention taken by the
Authority of a port State. The appeal should not cause the detention to be suspended. The PSCO
should properly inform the Master of the right to appeal."
If a ship unlawfully had been detained as has been proved, the owner has to right for reimbursement of
his costs by PSC.
Any appeals has to be clarified with the national PSC authority,either addressed to the local PSC office
or to the national PSC authority's office. Addresses are found on the PSC documents.
The addresses of the national PSC authorities in the European and Asian region you find in the
Attachments.
The updated address data you may find also in the Internet under following addresses:
PARIS MOU: http://www.parismou.org
TOKYO MOU: http://www.tokyo-mou.org
PARIS MOU as well as the other main MOUs have implemented a ”Review Panel”. This panel can be
approached via flag administrations and classification societies if a detention is seen as unjustified and
the local PSC authority is not willing to change it’s decision. The other MOUs have announced to install
such a panel as well.
The Secretariat will review the case with three members states’ representatives and decide about the
justification. His decision is forwarded to the involved PSC authority. However this decision is not
binding for the national authority!
Banning Rules:
Member states of the EC and of PARIS MOU have to implement EC Banning rules for banning certain
ships from EC waters und following circumstances:
• Valid for all oil tankers, bulk carriers, product and gas carriers an passenger ships
• Banning of ships flying a flag as per PARIS MOU “Black list”
After the second detention within 3 years under a “very high risk” flag
After the third detention within 2 years under a “medium high risk” flag
The owners have to send a formal request to the local PSC authority which issued the banning order,
together with a statement of the class and of the flag that the ship complies with all relevant class and
convention regulations. PSC finally will carry out another inspection to verify the compliance and lift the
ban.
Further banning can be stated if a ship jumps detention by leaving the port without release or if a ship
depite releasing it for a direct voyage to a repair yard is not calling this yard as agreed.
The new “New Inspection Regime” of PARIS MOU is still under construction will define new stricter
rules for the banning of ships from European waters.
3.5 Role of GL
GL can render assistance onboard if invited by the owners.
Furthermore GL is assessing each PSC case on GL classed ships with the aim to check the own survey
activities. The assessment is used for quality control of our duties as well as for conclusions about in
which areas onboard more attention has to be paid for in the future.
As carrying out surveys on behalf of the flag state authorities GL is obliged to report the authorities
about the cases and our responsibility.
4.2 Prevention
For preventing problems the company should implement a procedure which should verify that the
preventive measures have regularly been carried out onboard.
Furthermore GL has published a booklet showing “The Top Ten PSC Findings”. Most frequently
listed deficiencies can be found here and the information to be used for focussing during regular
maintenance onboard.
The Booklet can be downloaded in the GL webpages under the address:
www.gl-group.com/brochurepdf/0E035.pdf or ordered via GL Head Office.
Our internal analysis furthermore showed that more than 50% of the deficiencies obviously were caused
by lack of maintenance and care and lack of regular checking by the crew. Consequently it can be
highly recommended that maintenance and regular checks get top priority within the routine work
onboard.
5 Summary
We hope that we have been able to assist you with our information so that you can take the necessary
steps to reach the aim that your ships in future will be found without deficiencies and consequently the
probability for an inspection on your ships is declining.
6 Attachments