PREFACE

All our praise and gratitude to Almighty God who has given His mercy and guidance
upon all of us, so that we can complete this paper.

We experience many obstacles and challenges in completing this paper, but help from
various parties can overcome these challenges and obstacles. Therefore, we thanked Mrs. Ir.
Hesty Anita Kurniawati, M.Sc, and Mr. Erzad Iskandar P. S.T., M.T as lecturers in the course
of Statutory Regulation which has given us knowledge and insight that drives our ability to
complete this paper.

Despite all that, we realize that there are still many shortcomings both in terms of
material, sentence arrangement, and also grammar in the writing of this paper.

Surabaya, 10th October 2020

Team 1
 TABLE OF CONTENTS

PREFACE..................................................................................................................................2
TABLE OF CONTENTS...........................................................................................................3
LIST OF FIGURES...................................................................................................................4
CHAPTER 1..............................................................................................................................5
INTRODUCTION.................................................................................................................5
CHAPTER 2..............................................................................................................................7
PORT STATE CONTROL....................................................................................................7
2.1 History of Port State Control.......................................................................................7
2.2 Port State Control.........................................................................................................7
2.3 Verifications and Certifications...................................................................................9
2.3.1 Verifications..........................................................................................................9
2.3.2 Certifications.......................................................................................................11
2.4 Deficiencies, Detentions, Rectifications....................................................................11
2.4.1 Deficiencies.........................................................................................................11
2.4.2 Detentions...........................................................................................................12
2.4.3 Rectifications......................................................................................................12
CHAPTER 3............................................................................................................................12
CLOSING............................................................................................................................13
BIBLIOGRAPHY....................................................................................................................14
 LIST OF FIGURES

Figure 2.1 Member State of MoUs on PSC around the world...................................................9

Y
Figure 2.2 Ship Inspection Report by PSC.............................................................................10
 CHAPTER 1

INTRODUCTION

In the last several decades, the world has seen great advances in public international
law concerning safety at sea and marine environment protection. There exists a
comprehensive legal regime regulating almost all aspects of the conduct of ships at sea. It has
been developed mainly through conventions, such as the conventions which adopted in IMO
account for the majority of conventions responsible for the safety at sea and marine
environmental protection.

However, many of the conventions are neither widely ratified nor as effectively
enforced as is necessary to ensure the achievement of the goal of “Safer Ships and Cleaner
Ocean”. According to international law, it is the responsibility of the flag States to make sure
that ships flying their flags are constructed, equipped, maintained, and operated to comply
with the standards laid down by the relevant international organization. Unfortunately, certain
flag States fail to fulfill their commitments contained in agreed international legal instruments
for various reasons.

Other tiers of control, which are also responsible for ship safety, such as shipowners,
classification societies, charterers frequently fail their obligations in ensuring the safe
operation of ships. Subsequently, some ships are sailing around the world in unsafe
conditions, threatening the lives of all those on board as well as the marine environment. The
booming of the flag of convenience, where the Flag States may neither have available
resources nor have the true intention to enforce these conventions they have ratified, makes
the situation even worse.

The failure of all these tiers of control in preventing the operation of substandard
ships agonized the international maritime regime. People realized that a backup system has to
be established to eradicate these substandard ships, which have escaped from other tiers of
control. Attention has thus increasingly been paid in the last two decades to the role that can
be played by the port State, which means the State whose port a vessel voluntarily enters, in
enforcing international conventions or regulations ratified by the State. Several major
pollution accidents happened in the late 70s and early 80s triggered the emergence of port
State control (PSC), which really has attracted the world's attention since the establishment of
Paris MOU.

The important role PSC could play in eliminating substandard ships was recognized
soon after the adoption of control procedures by the IMO Assembly in 1975. The world
began to move toward establishing a uniform approach on a regional basis on the
implementation of the control provisions under various conventions on maritime safety,
pollution prevention, and

working and living conditions on board ships. The first and most important regional PSC
agreement concluded was the Paris MOU, which was signed on 26 January 1982 and came
into

operation in July 1982. Since then, the world PSC regime has been developed very rapidly.
So far seven other PSC MOUs have been signed, which cover most coast States of the world,
even though the performance of the different MOUs varies significantly.

The PSC regime has gained world recognition as an alternative to eliminate

substandard ships. However, some questions have always been under debate by the
international maritime regime, such as the effectiveness of PSC, its impact on the
implementation of the SOLAS and MARPOL conventions, and what we can do to improve
the performance of PSC. In this dissertation, I have tried to answer these questions based on
the information available mainly from the inspection results from Paris MOU, Tokyo MOU,
and USCG during the past decades. The research is primarily based on the literature of
distinguished scholars and other documents from IMO as well as the above-mentioned three
MOUs. The main difficulty encountered in this research is the lack of information from PSC
inspections except for the Paris MOU. Therefore, the analysis in this dissertation may not
reflect the whole picture of the world PSC regime.
 CHAPTER 2

PORT STATE CONTROL

2.1 History of Port State Control

Fourteen European countries agreed on the Paris Memorandum of Understanding on
Port State Control (Paris MoU) to establish port state control in 1982. 26 European countries
and Canada are signatories of the Paris MoU. PSC was a reaction to the failure of those flag
states – especially the 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), Acuerdo Latino or Acuerdo de Viña del Mar
(South and Central America), the Caribbean MOU, the Mediterranean MOU, the Indian
Ocean MOU, the Abuja MOU (West and Central Atlantic Africa), the Black Sea MOU, and
the Riyadh MOU (Persian Gulf).

2.2 Port State Control

Port State Control (PSC) is the inspection of foreign ships in national ports to verify
that the condition of the ship and its equipment comply with the requirements of international
regulations and that the ship is manned and operated in compliance with these rules. The
main task of the Port State Control (PSC) :

1. The implementation of the provisions for the PSC in the IMO conventions.

The IMO Convention relating to ships places the responsibility for the safety
and protection of the marine environment on the flag State. The port state can make a
useful contribution to the intended purpose. Some of the conventions (SOLAS 74/78,
MARPOL 73/78, Load Line 66, SCTW 78/95, and ILO No. 147) contain provisions
that authorize port States to supervise the application of the requirements of the
Convention in the field of safety and its precautions.
2. Checking vessel flagged not participating in the convention.
The supervision carried out by the port State is based on the principle that the
port State recognizes that international certificates issued by or on behalf of the flag
state are a privilege granted only to countries participating in the convention.
Countries

not a party to the convention may not issue the certificates in question. However, this
country can issue it with the authority granted by a country party to the convention in
accordance with the provisions of the relevant convention. The direct source that
gives authority to implement programs is the National Law. Therefore, it is necessary
for a port State to be a party to the conventions and have the legality necessary to
carry out surveillance (PSC).

3. Checking vessels under convention sizes.

Maritime conventions generally have restrictions applicable to each category
of ship sizes. The application limits are concerned not only for certificates but also for
ships and their equipment. This does not change the fact that the vessels in question
may only be allowed to sail if the safety and protection of the marine environment is
guaranteed. These vessels must meet the requirements of the Flag State, which the
Inspectors of the Port State may not know. Therefore, PSCO (Port State Control
Officer) must use its discretion in considering the condition of these vessels. They can
be assisted in this with some form of a certificate issued by or on behalf of the Flag
State concerned.

4. Identification of Substandard Vessels or Risks of Causing Pollution.

The equipment required by the convention must be present and in proper
condition. If not, then the ship does not comply with the certificate and must be
repaired immediately.

5. Monitoring Control.
To improve completeness with attention some convection to subtraction the
accident and pollution. Port State Control (PSC) has divided into several areas and
poured into a “Memorandum of Understanding(MoU)” as shown in the figure above.
 Figure 2.1 Member State of MoUs on PSC around the world

2.3 Verifications and Certifications

2.3.1 Verifications
All ships must be surveyed and verified by Flag State so that the certificate is
relevant. The certificate also can be used to find how the ship is designed, built,
maintained, and fitted with the regulations from IMO Convention, Codes, and other
instruments. The inspection of Port State Control (PSC) is divided into three types:
1. Initial Inspection
Initial inspection is a general inspection that consists of a visit on board the
ship in order of certificates and documents listed in Annex 10 of the MoU text,
meet generally accepted international rules and standards, and check the
overall condition and hygiene of the ship, including:
a. decks including forecastle
b. engine room
c. galley
d. cargo holds
e. navigation bridge
2. Detail Inspection
Detailed inspection will be carried out whenever there are clear grounds
for believing, during an inspection, that the condition of the ship or of its
equipment or crew does not substantially meet the relevant requirements of a
relevant instrument. The absence of valid certificates or documents is
considered a clear

ground. A more detailed inspection will include in a depth examination, there

are:
a. the areas where clear grounds were established
b. the areas relevant to any overriding or unexpected factors
c. other areas at random from the following risk areas

3. Following Inspection
In exceptional circumstances where the ship and its equipment is found
to be substandard, the Authority may suspend the inspection until the
responsible party has taken the necessary steps to ensure that the ship meets
the requirements of the relevant instrument.
 Figure 2.2 Ship Inspection Report by PSC

The procedure of inspection:

1. PSC Officers usually board a ship without announcement and start the
inspection in Master’s office
2. checking all certification or documents are valid, up-to-date, and original
3. judging the condition of the ship and equipment
4. shipmaster shall notify port authorities prior to port entry if the ship has

suffered damage en route or if the equipment is broken/missing

5. if deficiencies are found, PSCO has the right to detain the ship in port until
they have been rectified and resurveyed
6. any detention has to be reported to the Flag State, Class, and IMO
 7. ship owner may disagree with the findings of the PSC Authority and they have
the right of appeal

2.3.2 Certifications
When the ship has arrived in the port, the first thing to do is to check the ship by
carrying documents or certificate that must be signed by the ship captain, including:
1. Ship News
2. Arrival Conditions
3. Checking List
4. Receiving List
5. Sailing Declaration
6. Declaration of Security
7. Master’s Authority to sign Bill of Loading

After all documents or certificates have been submitted, the next step is to carry
out inspection-equipment and make an MoU to the Port Administrator’s Office for
Clearance In/Out purposes.

2.4 Deficiencies, Detentions, Rectifications

The most important in the IMO Convention contains technical provisions of ships for
inspection when they visit the foreign port to ensure that they fulfill the regulations of IMO.
The regulations are:
1. Deficiencies
2. Detentions
3. Rectifications

2.4.1 Deficiencies
Sometimes a ship encountered does not meet the requirements of an international
convention. There are many deficiencies that do not meet the standards of the IMO
provisions. The main categories of deficiencies of ships depend on the following:
a. Security and safety devices (Lifeboats)
b. Navigation safety
c. Fire extinguisher equipment (emergency fire pump, means of control, fire
prevention)
d. Load lines ( ventilators, air pipes, casing)
e. Stability, structure, and adequate equipment

Any damage found onboard is the responsibility of the port state to ensure
compliance before the ship leaves the port.
 2.4.2 Detentions
Detentions are the act of postponing the granting of sailing permission for the
foreign ships which have deficiencies that substantially in accordance with the
provisions of the applicable international conventions.

2.4.3 Rectifications
Ships that are detained by the PSC due to deficiencies can leave the port if
they have obtained permission from the PSC on the condition that those deficiencies
have been corrected and checked by PSC. The inspection will continue until the
responsible party has fixed the deficiencies and the requirements have been done.
This condition will ensure that the ship cannot sail until it can be ascertained that
there is no risk to the safety of passengers or crew, ships, and the environment.

CHAPTER 3

CLOSING

Port state control is the inspection procedures of foreign ships entering or leaving
national ports to verify that the condition of the ship and its equipment comply with the
requirements of international regulation on safety, security, pollution prevention, and the ship
is manned and operated in compliance with the rules.

The main thing that the PCS should do is checking the ship by examining documents
or certificates such as a ship’s report, vessel progress, arrival condition, check-in list,
receiving list, sailing declaration, declaration of security, etc. Sometimes there are many
shortcomings in the ship’s condition and does not up to the standards of IMO provisions so
that PSC has the powers to make detentions. The detained ship can leave the port if it has
obtained permission from the PSC after an inspection and the ship has made repairs.

BIBLIOGRAPHY

Kurniawati, Hesty Anita. (2019). Statutory Regulation. Surabaya: Department of Naval

Architecture.

Xu, Shiming. 2001. "Port state control: review and assessment". World Maritime University
Dissertations.426. Retrieved 15 October 2020, from
https://commons.wmu.se/cgi/viewcontent.cgi?article=1425&context=all_dissertations

Gilles. 2015. “The Role of The Flag State at a Seagoing Ship”. Ship’s Survey. Retrieved 12
October 2020, from
the Role of the Flag State at a Seagoing Ship - Ship's Surveymaritime-mea.com › blog ›
2015/01/09 › the-role-of-t…
IMO Team. 2011. “Port State Control”. International Maritime Organization. Retrieved 12
October 2020, from https://www.imo.org/en/OurWork/MSAS/Pages/PortStateControl.aspx

Paris MoU Team. 2012. “Inspection Types”. Paris MoU. Retrieved 16 October 2020, from
https://www.parismou.org/inspections-risk/library-faq/inspection-types

Mediterranean MoU Team. 2014. “PSC Basic Principles”. Mediterranean. Retrieved 16

October 2020, from
PSC Basic Principles - Mediterranean MOU197.230.62.214 › Basic_Principlse