Port State Control A/W - UK P&I Members Area

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CONTENTS1 IntroductionThe Growing Importance of Port State ControlWhat is Port State Control?OriginsRegional Development of Port State ControlThis Manual4 International Developments – ISM, STCW and Resolution A787 (19)6 Geographical Overview of Regional Development in Port State Control7 Outline of each Principal Regional Agreement on Port State Control8 Paris Memorandum of Understanding (Paris MOU)16 Asia-Pacific Memorandum of Understanding (Tokyo MOU)22 Latin American Agreement (Acuerdo de Viña del Mar)28 Port State Control and the USA39 Acknowledgements and BibliographyCarrie Greenaway, the author of thisguide, studied law and lived in the Far Eastfor several years. On returning to the UK,she began work in the London InsuranceMarket and has worked for members ofboth the broking and underwritingcommunities. She specialises in marineliabilities and related insurances.Internet: carrie.greenaway@catlin.co.ukPublished by Thomas Miller & Co Ltd.© Copyright Thomas Miller & Co Ltd 1998
PORT STATE CONTROLINTRODUCTIONTHE GROWING IMPORTANCE OF PORT STATE CONTROLPort State Control is the process by which a nation exercises authority over foreign ships whenthose ships are in waters subject to its jurisdiction. The right to do this is derived from bothdomestic and international law. A nation may enact its own laws, imposing requirements onforeign ships trading in its waters, and nations which are party to certain international conventionsare empowered to verify that ships of other nations operating in their waters comply with theobligations set out in those conventions.The stated purpose of Port State Control in its various forms is to identify and eliminate shipswhich do not comply with internationally accepted standards as well as the domestic regulationsof the state concerned. When ships are not in substantial compliance, the relevant agency of theinspecting state may impose controls to ensure that they are brought into compliance.Recently, IMO adopted a resolution providing procedures for the uniform exercise of Port StateControl, and regional agreements have been adopted by individual countries within Europe,the European Union, and various East Asian and Pacific nations. A number of North AfricanMediterranean nations have recently expressed their intention to set up a separate regionalagreement in their own area of the world. In addition, some countries such as the United States ofAmerica have adopted a unilateral approach to the subject, which nevertheless has the same aims.Shipowners and operators should take measures to reduce the likelihood that their ships willbe subjected to intervention or detention, bearing in mind that increasingly efficient databaseswill enable the maritime authorities who participate in the growing range of internationalagreements, memoranda and conventions to exchange information. Being inspected by one stateand given a clean bill of health will not necessarily prevent further inspections being made byanother maritime authority – and, as information is exchanged between various organisations, noncompliantships will find it increasingly difficult to continue operations.1
Page 1: Port State ControlA guide for Membe
Page 5 and 6: The Caribbean MOU and the Mediterra
Page 7 and 8: The Asia Pacific Memorandum on Port
Page 9 and 10: PORT STATE CONTROLOUTLINE OF EACH P
Page 11 and 12: action by port states is required t
Page 13 and 14: ●●verification that the numbers
Page 15 and 16: 5. the emission of false distress a
Page 17 and 18: COST/GUARANTEE FOR COSTS/APPEAL PRO
Page 19 and 20: OUTLINE STRUCTURETARGET RATE FOR IN
Page 21 and 22: PORT STATE INSPECTIONS CARRIED OUT
Page 23 and 24: proceed to another port, as determi
Page 25 and 26: “to implement an efficient harmon
Page 27 and 28: This interrelationship between flag
Page 29 and 30: COMPARISON OF INSPECTIONSDEFICIENCI
Page 31 and 32: egarded as a proactive one and the
Page 33 and 34: FLAG STATESOWNER/OPERATOR LIST●Th
Page 35 and 36: ●Serious wastage or other structu
Page 37 and 38: AREAS UNDER THE IBC CODEmaintained
Page 39 and 40: and pollution prevention, are subst
Page 41 and 42: ACKNOWLEDGEMENTS AND BIBLIOGRAPHYOu

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