Flag state Flag State VS Port State Control

Flag State main responsible

for ships’ safety

Each State shall arrange the

conditions for:

• registration of ships in its territory;

• the right to fly its flag.

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 Flag State Unit 2

There must exist a genuine link between the State and the ship,
the State must effectively exercise its jurisdiction and control in:

• Administrative;

• Technical;

• Social matters over ships flying its flag;

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Flag State Unit 2

By jurisdiction and control it is meant that the flag State has the power to:

Enforce
Prescribe Threaten sanctions with
rules sanctions regard to the
ship users

Article 94 of UNCLOS Convention

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Flag state Unit 2

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 Flag state Unit 2

When a State assumes legal authority over a ship by grant of its flag

The State also assumes a certain obligation to take measures to ensure

that the vessel acts in a way consistent with international law.

Each State shall issue to ships to which it has granted the right to fly its
flag documents to that effect.

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The IMO instruments implementation Code Unit 2

To assist States in the implementation of instruments of the

Organisation

Resolution A.1070(28)
The IMO instruments implementation Code

The IMO Code addresses aspects necessary for a contracting

State to give full & complete effect of the applicable international
instruments

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The IMO instruments implementation Code Unit 2

Flag State shall be able to enforce and

implement its provisions through undertaking:
• Initial actions:
 Adoption of national laws;
 Establishment of enforcement procedure
• Measures for implementation;
• Enforcement by exercising effective
jurisdiction and control.

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The IMO instruments implementation Code Unit 2

Enforcement - Measures to be taken

Periodic inspections of ships to verify conformity with

international and national rules and standards

Prohibiting a ship from sailing if she and/or her crew does not fully
conform with the certificates

Providing for penalties of adequate severity to discourage violation

of international rules and standards

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The IMO instruments implementation Code Unit 2

Enforcement - Measures to be taken

Provide an appropriate number of qualified flag State surveyors;

Provide an appropriate number of accident investigators;

Ensure training and oversight of the activities of the surveyors and

investigators;

When a ship is detained under PSC regime - oversee the appropriate

corrective action to bring her in immediate compliance with
Conventions;
Issue or endorse certificates only when a ship meets the requirements
of all applicable instruments.
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The IMO instruments implementation Code Unit 2

Delegation of authority to Recognized Organizations (ROs)

Establish an oversight
programme for
Ensure RO has adequate Formal written monitoring the RO’s
resources agreement as basis including control on
nominations of
surveyors/inspectors

Records to be
maintained and provided National legislation and Instructions if a ship is
to the administration interpretation found unfit to proceed

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Monitoring of all arrangements in place Unit 2

5.
1. Analyse
Assessment
the system
of the
and identify
efficiency of
non-
corrective
conformities
actions

2. Review
4. Implement
and analysis
corrective
of non-
actions
conformities

3. Identify
corrective
actions
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The IMO instruments implementation Code Unit 2

Easy or difficult to be a Flag State?

Not difficult if
you are really
committed for it

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Port State Control Unit 2

Port State control as a second line

of

Against sub-standard shipping

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Items to be presented Unit 2

 The creation of Port State Control

 World wide concept

 Training
The start - Port State Control background Unit 2

 The Hague Memorandum’

signed 2 March 1978, also
known as the North Sea
Agreement between 8 Maritime
Authorities, on the Maintenance
of Standards on Merchant
Ships);
 Aim: Surveillance seagoing ships
to ensure ILO 147, SOLAS 60 &
74, Load Line 66 were met by
them.

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 Port State Control background Unit 2

16 March 1978

 Only 2 weeks after The Hague

Memorandum was signed, the Amoco
Cadiz incident took place.

 Ran aground on Portsall Rocks due to a steering mechanism

failure: 227,000 tones crude oil spilled.
 Breakers split vessel in two, progressively polluting 360
km of shoreline from Brest to Saint Briec.
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 Port State Control background Unit 2

Strong political & public outcry in Europe for far more

stringent regulations (safety of shipping)

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The Start of Port State Control Unit 2

The Amoco Cadiz casualty – 1978

The Paris MOU - 14 original countries, today 27

Belgium, Denmark, Finland, France, Germany, Greece, Italy, Ireland, Netherlands,

Norway, Portugal, Sweden, Spain, UK, Canada, Russia, Croatia, Poland, Slovenia,
Iceland, Estonia, Latvia, Lithuania, Malta, Cyprus, Bulgaria and Romania.
 Port State Control background Unit 2

Paris, December 1980

14 European countries +
representatives Commission
European Communities, IMO &
ILO
Belgium, Denmark, Finland, France, Germany, Greece, Italy,
Ireland, Netherlands, Norway, Portugal, Sweden, Spain, United
Kingdom.
Conference focus was on the need to increase:
- maritime safety;
- protection of the marine environment;
- importance of improving living and working conditions
aboard ship. 20
 Port State Control background Unit 2

Second Ministerial Conference in Paris, January 1982

Adopted Memorandum of Understanding on

PSC (the present Paris Memorandum of
Understanding 1982), signed on 26 January
1982 by the Maritime Authorities of 14
States:

Belgium, Denmark, Finland, France, Germany, Greece, Italy,

Ireland, Netherlands, Norway, Portugal, Sweden, Spain, United
Kingdom.
Today 27 total (plus) Canada, Russia, Croatia, Poland, Slovenia,
Iceland, Estonia, Latvia, Lithuania, Malta, Cyprus, Bulgaria and
Romania.
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PSC & International Conventions Unit 2

Scope: To verify the compliance of the vessel with the

“relevant instruments”:

Load Lines 1966 and Bunkers Convention

Protocol 1988 2001

SOLAS 1974 and Tonnage 1969

Protocols 1978 - 1988

MARPOL 73/78 and MLC 2006 & ILO No147

Protocols 1978 - 1997 and Protocol 1996

Civil liability for oil

STCW 78/95 pollution - CLC 92

Anti-fouling Convention
COLREG 72 (AFS 2001)
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PSC & International Conventions Unit 2

SOLAS I/19
Check validity of the certificates

If “clear grounds”, actions to

ensure the vessel does not sail
until it can do so without danger
for ……… the ship and her crew

Load Lines Art 21

Check validity of the certificates
Check the vessel is not overloaded

The port State is authorized to …… ensure

the vessel does not sail until it can do so
without danger for the ship and her crew

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Port State Control at international Unit 2
level – IMO today

Procedures for port State control laid down by the IMO

Resolution A. 1119 (30) latest amendment of the former IMO
Resolution A. 787 (19).

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Regional Agreements on PSC Unit 2

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The World Wide Regime Unit 2

Meanwhile PSC did spread around the world

 There are now several PSC regimes around the

world such as Paris, Tokyo, Vina del Mar, Indian
Ocean, Mediterranean, Caribbean, West and Central
Africa, Black Sea, Gulf MoU and the USCG.
Regional MOU Agreements Unit 2

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Port State Control background Unit 2

It was agreed that

elimination of substandard shipping
is best achieved by:
- coordination of Port States;
- implementation of the provisions of a number
of widely accepted international maritime
conventions.

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Port State Control Unit 2

To verify the compliance of the vessel with the “relevant

instruments” IMO and ILO Conventions:

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Port State Control Regional Agreements Unit 2

Added value from regional agreements on PSC

Common
rules
Target for
Sharing of
number of
information
inspections
To avoid
distortion of
the market and
to enhance
effectiveness

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Port State Control Regional Agreements Unit 2

To reduce sub-
standard shipping

Without any undue

burden on good
ships and operators

guarantying a
good coverage
at regional
level

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Port State Control Unit 2

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;

• The ship is manned and

operated in compliance with
these rules.
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Port State Control – Challenges Unit 2

 There has to be some benefit to the country to

justify PSC
 Not just safety and marine environmental protection
 There is a need to convince both the
Governments and the people of this need
Port State Control - Costs and Benefits Unit 2

 To some countries
 the risk of damage to the coast line is far
greater than to other countries
 the economic damage caused by running a
poorly performing fleet is a driver
 it is a requirement of joining a larger social
and economic block
Costs of PSC - Costs and Benefits Unit 2

 PSCO Costs 50K euros (average)

 Approximately 1000 PSCOs in Paris MOU
 Secretariat Costs 1 million euros
 Total Costs 11 million euros
 This is a very large figure and needs to be
justified.
Risks from Ships - Costs and Benefits Unit 2

Research from OECD

 Benefits of PSC 470 million euros per year
 Inspection regime needs to concentrate on those ships which pose
the highest risk
 It is still an investment of about 2%
Port State Control - Costs and Benefits Unit 2

Other reasons?
Port State Control Unit 2
Port State Control Unit 2
Port State Control - Costs and Benefits Unit 2

A ‘significant’ incident is always a very good driver

to persuade Governments to take up Port State
Control & always there is a public outcry for
measures to be taken
Port State Control Unit 2
Port State Control - Training Unit 2

The most must be well

valuable The PSC trained &
resource for Officer
any MOU is managed
A Difficult Ship to Inspect? Unit 2
QUALIFICATION AND TRAINING
Unit 2
REQUIREMENTS OF PSCOs
• The PSCO should be an experienced officer qualified as flag State surveyor

• The PSCO should be able to communicate in English with the key crew

• Training should be provided for PSCOs to give the necessary knowledge of the
provisions of the applicable conventions which are relevant to the conduct of port
State control, taking into account the latest IMO Model Courses for port State
control

• In specifying the qualifications and training requirements for PSCOs, the

Administration should take into account, as appropriate, which of the
internationally agreed instruments are relevant for the control by the port State and
the variety of types of ships which may enter its ports

• PSCOs carrying out inspections of operational requirements should be qualified

as a master or chief engineer and have appropriate seagoing experience, OR have
qualifications from an institution recognized by the Administration in a maritime
related field and have specialized training to ensure adequate competence and skill,
OR be a qualified officer of the Administration with an equivalent level of experience
and training, for performing inspections of the relevant operational requirements
Minimum Criteria for PSC Inspectors –
Unit 2
Regional MoU in place
Port State Control - Training Unit 2

With the increase in the number of PSCOs & to

harmonise the level of competency, there are
needs for a different training regime

 PSCOs to be trained as a group to assist in a

harmonised inspection regime.
 Distance Learning package for all PSCOs.
 This DLP, computer based should be accessible from
the PSCO’s desk so to be cost effective.
Port State Control - Training Unit 2

 Having trained the PSC Officer it is important their

time is used to the best advantage.
 It is much more cost effective to use the Officers
to inspect sub-standard ships than just chase
numbers of inspections or set percentages