Course Handout ML012-10

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Webinar -Guidance to Port State Control
23 February 2021

Section 4
Action to Resolve Deficiency Finding

4.1. Deficiencies

A deficiency exists when a condition is found on a ship that is not in compliance with the
requirements of a convention. The number and nature of the deficiencies found by the PSCO
determine the corrective action that the ship needs to take and whether or not the ship is to be
detained
Deficiency: Non-compliance, discrepancy or deviation from the requirements of the relevant
instruments/conventions

4.1.1. Deficiency Category

Detainable Deficiency: A deficiency that presents an immediate threat to the ship, its
personnel or the environment, which renders the ship unsafe to proceed to sea.
Detention: Intervention action taken by the port State in case of detainable deficiencies or
substantial non-compliance to ensure that the ship does not sail until detainable
deficiencies have been rectified.
Non-Conformity: When objective evidence indicates non fulfilment of a specific
requirement stated by the safety management system, a situation of non-conformity is
considered to have occurred.
Major non-conformity: means an identifiable deviation that requires immediate actions as it
poses a serious and immediate threat or risk to personnel, ship or to environment. In
addition, the lack of effective and systematic implementation of a requirement of the ISM
Code is also considered as s major non-conformity. A ship must correct all major non-
conformities before departure.
Serious Deficiency: A deficiency that may present an immediate threat to the ship, its
personnel or the environment, and that could be qualified as a detainable deficiency.
Stoppage of an operation: Formal prohibition against a ship to continue an operation due
to an identified deficiency (ies) which, singly or together, render the continuation of such
operation hazardous.
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.
Suspension of an Inspection: In exceptional circumstances, where the overall condition of a ship, its
equipment or the working or living conditions of the crew were found to be obviously substandard,
the PSCO may suspend an inspection. In such cases, the port State should notify the flag State of
the suspension without delay. The suspension would continue until the deficiencies identified by the
PSCO have been rectified, as instructed

4.1.2. Deficiency Code

During an inspection the PSC inspector may identify one or more deficiencies and include
these in the PSC inspection report. Each deficiency has a unique code.
1. 01 - Certificate & Documentation

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a. Certificate & Documentation - Ship Certificates

b. Certificate & Documentation - Crew Certificates
c. Certificate & Documentation – Documents
2. 02 - Structural Conditions
3. 03 - Water/Weathertight conditions
4. 04 - Emergency Systems
5. 05 - Radio Communications
6. 06 - Cargo operations including equipment
7. 07 - Fire safety
8. 08 – Alarms
9. 09 - Working and Living Conditions
a. 091 - Working and Living Conditions - Living Conditions
b. 092 - Working and Living Conditions - Working Conditions
10. 10 - Safety of Navigation
11. 11 - Life saving appliances
12. 12 - Dangerous goods
13. 13 - Propulsion and auxiliary machinery
14. 14 - Pollution prevention
a. 141 - Pollution prevention - MARPOL Annex I
b. 142 - Pollution prevention - MARPOL Annex II
c. 143 - Pollution prevention - MARPOL Annex III
d. 144 - Pollution prevention - MARPOL Annex IV
e. 145 - Pollution prevention - MARPOL Annex V
f. 146 - Pollution prevention - MARPOL Annex VI
g. 147 - Pollution prevention - Anti Fouling
h. 148 - Pollution prevention - Ballast Water
15. 15 – ISM
16. 18 - Labour Conditions
a. 181 - Labour Conditions - Minimum requirements for seafarers
b. 182 - Labour Conditions - Conditions of employment
c. 183 - Labour Conditions - Accommodation, recreational facilities, food and
catering
d. 184 - Labour Conditions - Health protection, medical care, social security
17. 99 – Other
a. 99101 Other safety in general
b. 99102 Other (SOLAS operational)
c. 99103 Other (MARPOL operational)

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Deficiency Action Codes-Source: https://www.myseatime.com/blogadm/wp

content/uploads/2018/04/PSC-deficiency-action-codes.jpg

4.1.3. Identification of Deficiencies during Inspection

It is important that the master fully understands what the deficiencies are, and the rectification
measures that the ship needs to take.

Ref.: ABS - Guidance for reducing Port State detention

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This is particularly important when the deficiencies are sufficient to lead to a detention order being
placed on the ship. Indeed, at this point in time, the master should also be informed of the ship's
right of appeal against the order. Any misunderstandings could unnecessarily delay the ship in port.
The master must check that the deficiency details entered on Form B are correct, and seek
clarification from the PSCO, where necessary.
Where the deficiencies relate to a statutory survey item, the master is advised to call in a
classification surveyor because the classification society is authorized to deal with such items on
behalf of the flag State.
Sample of PSC Reports presenting the deficiencies and immediate action required

Permit to Sail
When a deficiency needs to be rectified but where proper repair facilities or docks are not available
at the port of inspection, the ship may be allowed to sail to the nearest appropriate repair port. In
assessing whether or not a ship is safe to proceed to sea and onto a repair port, the PSCO would
consider:
the length and nature of the intended voyage;
the size and type of ship;

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the nature of the cargo being carried; and

whether or not the crew were sufficiently rested.
It is essential that the ship reach the repair port, as instructed. Failure to do so might result in a
banning order being placed on the ship by the port State.

Suspension of ship operation

If the deficiencies found make cargo operations unsafe or threaten the marine environment, the
PSCO might suspend ship operations, such as cargo work or bunkering. The following deficiencies
might lead to a suspension:
incomplete oil transfer procedures when bunkering;
incomplete SOPEP arrangements;
incomplete information on the cargo; or
a non-compliant cargo loading plan.

Detention Order
A ship is detained where a PSCO decides that it is unsafe to proceed to sea or because the
deficiencies are so serious that they need to be rectified before the ship sails. When deficiencies
pose no reasonable threat to the environment and do not seriously affect the safety of the ship or its
crew, the ship should not be detained.

Example of detainable deficiencies:

Under SOLAS:
failure of the main propulsion, electrical, pumping and steering systems
poor cleanliness of engine room, excessive amounts of oily-water in the bilges,
pipework insulation contaminated by oil
absence, insufficient capacity or poor condition of LSA equipment
absence, non-compliance or poor condition of FFA equipment, ventilation valves, fire
dampers and quick closing devices
absence, non-compliance or poor condition of navigation lights, shapes and sound
signals
absence or failure of mandatory navigation systems and equipment
absence of corrected nautical charts and publications
absence or failure of radio communication systems
number, composition or certification of crew not corresponding to safe manning
certificate
serious deficiency of crew's operational competence (see checklists)

Under LOAD LINES:

significant areas of damage or corrosion, or pitting of plating and associated stiffening
in decks and hull effecting seaworthiness, unless proper temporary repairs for a
voyage to a port for permanent repairs have been carried out
insufficient stability or ability to calculate stability conditions
absence or poor condition of hull closing devices such as hatch covers and watertight
doors • overloading
absence or inability to read the draught marks

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Under MARPOL (Annex I):

absence, poor condition or failure of oily-water filtering equipment, oil discharge
monitoring and control systems and alarms
remaining capacity of slop and/or sludge tank insufficient for intended voyage
no oil record book

Under STCW:
lack of or insufficient crewmember certificates/endorsements
inadequate navigational or engineering watch arrangements/personnel
crewmember competency not adequate for the duties assigned for the safety of the
ship and the prevention of pollution
insufficient rested crewmembers for first watch and relieving watch duties at the
commencement of the voyage

Under ILO Conventions:

insufficient food or potable water for next voyage
excessively unsanitary conditions on board
no heating in accommodation if ship operating in low temperature areas
excessive garbage, blocked passageways

4.2. Action to be taken to resolve deficiency findings

Deficiencies that justify a detention:

Evidence that the required ships certificates are not onboard or are clearly invalid.
Evidence that documentation required is not onboard, incomplete, or is not
maintained or is falsely maintained.
Evidence or observation from the Port States Inspector that serious hull and structural
deteriorations or deficiencies exist that may place at risk the structural, watertight
condition of the ship.
Evidence or observation that serious deficiencies exist on the safety, pollution
prevention or navigational equipment.
Information or evidence that the Master or the Crew is not familiar with essential
shipboard operations related to the safety of the ship or prevention of pollution, or that
such operations have not been carried out.

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4.2.1. Deficiency Action Code

Ref.: ABS - Guidance for reducing Port State detention

Corrective actions within a specified time period

There are three basic options available to the PSCO to take:

1. Require the rectification of deficiencies before the ship sails – the PSCO may decide to
return to the ship to check that the deficiencies have been correctly rectified;
2. Permit the ship to sail on condition that the deficiencies are rectified at the next port – he
would then inform the next port of his decision; or
3. Require deficiencies to be rectified within 14 days, or in the case of ISM non-
conformity, within 3 months. The PSCO is then likely to report the deficiencies as being
‘outstanding’ and, until the endorsement is lifted, the ship can expect to be targeted for
inspection at subsequent ports

With the deficiency there will also be an “action taken” specified. The list below contains the
most frequently used “action taken”:

1. Rectified (code 10)

a. Used for a deficiency which has been rectified and verified by a PSCO
2. To be rectified at next port (code 15)
a. Used for a deficiency which cannot be rectified before departure but which the PSCO
requires the rectification at the next port
b. This action requires that the deficiency is rectified at the next port. It is possible that the
repair work or delivery of equipment may take place during the ship’s stay in that port.
3. To be rectified within 14 days (code 16)

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a. Used for a deficiency which, in the PSCO’s professional judgement, is not serious
enough to require urgent rectification or verification by a PSCO before departure?
b. This action taken sets a maximum limit of 14 days but it is left to the master’s
responsibility to rectify the deficiency as soon as necessary and reasonable within that
period.
4. To be rectified before departure (code 17)
a. Used for a deficiency which:
i. Should be rectified before the ship sails but is not serious enough to warrant detention,
or/and can reasonably be rectified before the ship sails.
ii. If the ship is not detained it is left to the master’s responsibility to rectify the deficiency
before departure. No verification by a PSCO is required (at that port call).
iii. If a deficiency which is to be rectified before departure is verified by a PSCO as rectified
before the ship departs it should be recorded as rectified.
5. (code 19) Safety management audit by the Administration is required before departure of
the ship
a. Safety management audit by the Administration is required before departure of the
ship. Deficiency(s) marked ISM is (are) objective evidence of a serious failure, or lack
of effectiveness, of implementation of the ISM Code.
6. Corrective action taken on the ISM system by the Company is required within 3 months
(code 21)
a. Corrective action taken on the ISM system by the Company is required within 3
months. Deficiency(s) marked ISM is (are) objective evidence of a failure, or lack of
effectiveness, of the implementation of the ISM Code. The ship will be eligible for re-
inspection after 3 months from the final date of the report.
7. Competent Security Authority informed (code 26)
a. Used only for a deficiency of the Security code series where the competent security
authority of the PSCO’s State is informed that clear grounds have been found in
accordance with the PSCC Instruction Guidelines on Security.

Note: For ISM deficiencies, only code 10, 18 and 30 can be used.

Restrictions on Updating Codes

1. Both codes 15 and 16 can only be updated to code 10.
2. Code 17 can only be updated to code 10, 15, 16 and 99.
3. Code 18 can only be updated to code 10.
4. Code 30 can only be updated to:
a. Code 10 or 18 (ISM def.)
b. Code 10 or 99 (non - ISM def.)
5. Code 18 can only be updated to code 10.

Other Codes that is being used:

1. As in the agreed class condition (code 47)
a. Used for a deficiency which is not fully rectified but which the PSCO has accepted a
“condition of class” on the outstanding deficiency issued by the classification society for
the ship. This action can only relate to an item covered by the classification certificate
e.g. hull and machinery.
b. It is not the same as a condition issued by the flag State (see code 48).

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2. As in the agreed flag State condition (code 48)

a. Used only for a deficiency found during the PSC inspection which cannot be fully
rectified before departure for which the PSCO has accepted a document with a
condition on the outstanding deficiency issued by the flag State of the ship or delegated
RO on behalf of the flag State of the ship.
3. As in the agreed rectification action plan (code 49)
a. Used only for MLC, 2006 related detainable deficiencies.
b. The master and shipowner propose a Rectification Action Plan. The RAP should be
submitted by the master to the flag State and should be attached to the notice of
release of detention form. The RAP should specify, in particular, the action required
and time frame agreed to rectify the MLC, 2006 related detainable deficiency(ies)
4. Flag State Administration consulted (code 55)
a. Used when the flag State is consulted over a deficiency.
5. Operation stopped (code 65)
a. Used when the PSCO orders an operation/activity observed during the inspection to be
stopped.
6. Temporary substitution (code 80)
a. Used when a deficiency has been rectified by a temporary substitution of equipment or
by putting in place a temporary arrangement e.g. the engine room is manned while a
deficiency in the fire detection is not yet repaired.
7. Temporary repair carried out (code 81)
a. Used for a deficiency which is only temporarily repaired before departure after the
PSCO agrees to a proposal from the ship, R.O. or flag? The PSCO should also require
that the deficiency is fully rectified in a specified time, for example at the next port, at an
agreed repair port, in 14 days or as mentioned in the agreed flag State condition.
8. Letter of warning issued (code 95)
a. Used only for letters of warning specified by the PMoU Port State Control Committee.
9. Letter of warning withdrawn (code 96)
a. Used only for letters of warning specified by the PMoU Port State Control Committee.
10. Master instructed to ... (code 99)
a. Used only when an instruction to the master is considered appropriate and it is not
covered by the standard actions taken. Further it is necessary to indicate in clear text
as to what the master is instructed to do and the time allowable for completing the
action requested.
Code 99 is available for all deficiencies of all main groups of codes except:
a. 15150 ISM
b. 1610X Security (exception 16105 - Access control to ship, where code 99 is available)

4.2.2. Action to resolve deficiencies

Importance of Class Attendance In Connection with PSC Detention

In cases of detention, it is important to request class surveyor to attend on board as soon as
possible because of:
The operator/owner has an obligation to notify the class society immediately in case
of deficiencies or discrepancies that significantly affect certificates issues by the
society.

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The class surveyor shall communicate and co-operate with the PSCO in order to
expedite the release of the ship. This may include clarification on applicability,
interpretation, temporary rectification and alternative solutions.
The class surveyor can offer an acceptable mechanism (Conditions of Class) for
following up outstanding deficiencies that cannot be rectified before leaving ports.

The right of appeal against a detention order or any undue delay

In the first instance the master should directly query any detention order with the
PSCO before he leaves the ship, should the master feel that the detention order was
unfair. If that fails, the master could make an informal appeal to senior officials within
the port State control Administration. If that fails, the ship has a formal right of appeal.
The appeal should be made to the detaining port State authority as soon as possible
and the flag State should also be informed of the action. The PSCO is required to
inform the master of his right to appeal.
Arbitration proceedings would typically be conducted under the national laws of the
port state, and laws that may require the serving of notice to proceed to arbitration
within a very short period after the order has been placed. The serving of notice within
21 days, for example, is not uncommon. An appeal will normally not result in the
detention order being automatically lifted.

Permit to Sail
When a deficiency needs to be rectified but where proper repair facilities or docks are not available
at the port of inspection the ship may be allowed to sail to the nearest appropriate repair port. In
assessing whether or not a ship is safe to proceed to sea and onto a repair port, the PSCO would
consider:
the length and nature of the intended voyage;
the size and type of ship;
the nature of the cargo being carried; and
whether or not the crew were sufficiently rested.
It is essential that the ship reach the repair port, as instructed. Failure to do so might result in a
banning order being placed on the ship by the port State.
A detention order can be placed even though the deficiencies could be rectified before the
scheduled sailing of the ship. A detention order might include an instruction that the ship had to
remain in a particular place, or move to an anchorage or another berth. The order would specify the
circumstances that would allow the ship to be released from detention. The absence of valid ISM
certification might also lead to a ship being detained.
In coming to a decision on detention, particularly when it relates to structural rather than operational
deficiencies, the PSCO should consider the seaworthiness of the ship and not its age and make due
allowance for fair wear and tear. If there are questions about diminution rates of the main structural
members, the PSCO would be expected to contact the flag State / classification society. Damage
temporarily but effectively repaired for a voyage to a port for permanent repairs should not constitute
grounds for detention. Problems with the crew's accommodation and living conditions, however,
would be treated more seriously.

The port State is obliged to notify the flag State of any detention. The flag State, or classification
society acting on its behalf, may attend the ship to help resolve the problem. In this case, the PSCO
might agree to the remedial action proposed by the surveyor and allow him to oversee the repairs.
Whatever the arrangement, the authorization of the repair and cost are for the master / shipowner.

When a ship is detained all costs accrued by the port State to re-inspect the ship would be charged
to the ship, and detention orders would not be lifted until the port state has received payment in full.
Detained ships are widely publicized by port State regions and multiple detentions could severely
impact on a ship's ability to trade without restrain.

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Temporary Dispensations
There are occasions on which requests are received for ship owners and managers for a ship to
continue operation, despite the ship being temporarily unable to fully comply with the requirements
of the regulations which cannot be rectified prior to departure (e.g. damaged equipment for which no
spares are available at the current port).
International regulations have various provisions for exemption under certain conditions. However,
the use of such provisions is to enable the boundaries of the legal requirements to be altered, i.e. to
change what is and is not legal, and so is only appropriate in the case of permanent exemptions (for
example distance between navigation lights).
It is, however, also within the powers of the regulations to allow a ship to continue operation with, for
example, damaged equipment without the use of the specific exemption provisions – so long as the
condition of the ship and its equipment is considered to “correspond substantially” with the
requirements of the associated statutory certificate. In such cases, the legal boundaries should not
be altered by issue of an Exemption Certificate, but instead an acknowledgement made as to the
continued operation of the ship by issue of a Temporary Dispensation Letter (A Temporary
Dispensation Letter will not normally be required where a defect is noted whilst at sea where it is
intended that the defect will be rectified prior to departure from the next port or where a vessel is in a
port where no repair facilities or spares are available. It is noted, however, that some
owners/managers may request a Temporary Dispensation Letter in order to avoid any issues with
Port State Control.
The possession of a Temporary Dispensation Letter does not guarantee that action will not be taken
at Port State Control as a result of the deficiency, as the Port State Control Officer is not bound to
accept the flag State documentation. This should be clearly spelt out in the covering email sent to
the Managers, “The attached letter however does not guarantee that Port State Control in other
States will permit the ship to continue to operate – this remains a matter for the judgement and
discretion of Port State Control Officers”.

Banning
In general, if a ship leaves an inspection port with deficiencies and is ordered to
proceed to a nominated repair port, and either fails to comply with any of the
conditions imposed or fails to arrive at that port, a banning order will be imposed on
that ship.
In the case, for example, of a ship being detained in the absence of valid ISM
certification and the detention order being lifted to elevate port congestion, a banning
order would then be automatically applied and remain in force until that ship could
demonstrate full ISM compliance.
A banning order would typically apply to all ports within a port State region and would
remain in force until the shipowner could prove that all deficiencies had been rectified.
Force majeure or other overriding safety considerations might however necessitate a
port State granting special permission for the ship to enter a specific port.
Where, in the exercise of port State control, a foreign ship is denied port entry, the
master and the flag State should be provided with reasons for the denial of entry.

Refusal of Access (banning)

1. There are three reasons for which a ship to be refused access to ports.:
2. When a ship has been detained 3 times, within a period of 36 months this applies to ships
flying the flag of a State on the black list of a PSC MoU or When a ship has been detained
3 times, within a period of 24 months this applies to ships flying the flag of a State on the
grey list .
3. When a ship jumps a detention
4. When a ship does not call at the agreed repair yard following a detention

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A time period until the banning can be lifted will be as follows:

1. 1st ban: after 3 months
2. 2nd ban: after 12 months
3. 3rd ban: after 24 months
4. 4th ban: permanent ban

Note: To lift the 3rd ban more stringent conditions are applied which have to be fulfilled before the
24 months has elapsed.
Banning of ship following other occurrences:
Any ship that jumps detention
Any ship that fails to call to agreed repair yard

The “Black”, “Grey” and “White” (BGW) lists present the full spectrum, from quality flags (“White” list)
to flags with a poor performance (“Black” list) that are considered: medium risk, medium to high risk,
high risk and very high risk. It is based on the total number of inspections and detentions over a 3-
year rolling period for flags with at least 30 inspections in the period. Flags with an average
performance are shown on the “Grey” list. Their appearance on this list may act as an incentive to
improve and move to the “White” list.

Multiple Banning- Source: https://www.slideserve.com/tameka/safety-and-marine-environment-

protection-prospects-we-face

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-Refusal of Access- Source: https://www.slideserve.com/tameka/safety-and-marine-environment-

protection-prospects-we-face
Countries that have substandard practices or are fraudulent in registering vessels as of 2019
according to the Tokyo MOU
Fiji
Tanzania
Mongolia
Togo
Cambodia
Niue
Indonesia
Sierra Leone
Palau
Korea, Democratic People Republic
Micronesia

Closing Words

Drills being conducted in professional manner help to:

Ensure the crew is familiar and capable to operate critical equipment

Identify timely malfunctions that could otherwise show during PSC inspection

For PSC inspection the first impression matters:

Well moored ship indicates highly skilled crew with adequate attitude

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Nice looking and well-maintained vessel gives impression of implemented SMS with
working maintenance and safety procedures
Well behaved and attentive crew with adequate personal protective equipment (PPE)
The procedure for Opening and Closing meeting and escorting the PSCO by qualified
ship’s officer.
All above requires regular implementation and commitment by all crew. It turns PSC
inspection into easier and less challenging experience.

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Section 5
References and Bibliography

5.1. References

de Baere K, H. V. (2013, February 28). Port State Control. Retrieved from Norwegian Centre for
Maritime Medicine : http://textbook.maritimemedicine.com/index.php/textbook-of-maritime-
medicine/54-textbook-of-maritime-medicine/14-ship-control/709-port-state-control
ABS - Guidance for reducing Port State detention
International Association o Dry cargo Shipowners (n.d.). Port State Control. Retrieved from
www.intercargo.org : https://www.mardep.gov.hk/en/others/pdf/pscguide.pdf
International Maritime Organization (IMO) . (n.d.). Port State Control. Retrieved from International
Maritime Organization (IMO) : http://www.imo.org/en/OurWork/MSAS/Pages/PortStateControl.aspx
Kantharia, R. (n.d.). THE ULTIMATE GUIDE TO PORT STATE CONTROL (PSC) INSPECTION ON
SHIPS. Retrieved from Marine Insight: https://www.marineinsight.com/maritime-law/the-ultimate-
guide-to-port-state-control-psc-inspection-on-ships/
Kulchytsky, Anton- Legal Aspects of Port State Control, Lund University, Faculty Law, Master
Thesis, Spring 2012
Marine Study. (n.d.). Port State Control (PSC). Retrieved from Marine Study:
https://marinestudy.net/port-state-control-psc/
Maritime Cyprus. (n.d.). Tag Archives: Port State Control. Retrieved from Maritime Cyprus:
https://maritimecyprus.com/tag/port-state-control/
Meklenburg, M. (n.d.). Federal Ministry of Transport and Digital Infrastructure. Retrieved from The
History of Port State Control: https://www.deutsche-
flagge.de/en/pscen/history/history#Legal%20basis%20Deutsche%20Flagge%20/%20History%20an
d%20mission
Nautic, H. (Ed.). (n.d.). Procedures for Port State Control 2011, 2012 Edition (IB650E ( 2012 Edition
ed.). Hanse Nautic.
Parismou.org - www.parismou.org/inspections-risk/ship-risk-profile/ship-risk-calculator
The Maritime Executive Intellectual Capital for Leaders. (n.d.). Australia's Detention Rate Down.
Retrieved from The Maritime Executive: https://www.maritime-executive.com/article/australias-
detention-rate-dow

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