062

Latin American Agreement on Port State Control, Viña del Mar, 1992

Done at Viña del Mar 2 November 1992

Primary source citation: Copy of text provided by the United Nations

The Maritime Authorities of

Argentina
Brazil
Chile
Colombia
Ecuador
Mexico
Panama
Peru
Uruguay

Venezuela

hereinafter referred to as “THE MARITIME AUTHORITIES”,

RECOGNIZING the importance of the safety of life at sea and in ports and the growing urgency of protecting the marine environment and its resources,
AWARE that the objectives of the Operative Regional Co-operation Network of Maritime Authorities of South America, Mexico and Panama (ROCRAM) are consistent therewith, as is indicated by its Strategy 1990-2000 for the protection of the marine environment, adopted in 1989, and by other regional resolutions,
NOTING that paragraph 63 of the above-mentioned Strategy of ROCRAM considers the adoption of measures tending towards the adoption of an effective system of ship control and the development of a co-ordinated inspection system,
TAKING NOTE of the recommendations of the heads of ship inspection departments of the Maritime Authorities of Latin America, and their representatives, meeting in Panama in 1991 and in Uruguay in 1992,
TAKING INTO ACCOUNT the recommendations of the heads of legal departments of the Maritime Authorities of Latin America, meeting in Colombia in 1992,
APPRECIATING the agreements on the subject reached in the International Maritime Organization (IMO) which emphasize the primary responsibility of the Maritime Authorities in the effective implementation of international standards on ships flying their flag and which, at the same time, recognize the need for effective action by port States in order to prevent the operation of defective ships,
RECOGNIZING that, by resolution A.682(17), adopted in November 1991, the IMO Assembly invited Governments to conclude regional agreements on the application of port State control measures,
RECOGNIZING ALSO that it is necessary to avoid differences in the treatment given to ships as between one port and another and that this might lead to the distortion of competition between ports,

CONVINCED that it is necessary for this purpose to establish an effective and harmonious system of port State control and to strengthen collaboration and the interchange of information,

Have agreed to adopt the following LATIN AMERICAN AGREEMENT ON PORT STATE CONTROL (hereinafter referred to as “the Agreement”)

Section 1: Commitments

1.1 Each Maritime Authority, within the field of its legal jurisdiction, undertakes to give effect to the provisions of the present Agreement and of its annexes which constitute an integral part of the Agreement.
1.2 Each Maritime Authority will maintain an effective system of port State control with a view to ensuring that, without discrimination as to flag, foreign ships visiting the ports of its State comply with the standards laid down in the relevant instruments as defined in section 2.
1.3 Each Maritime Authority will endeavour, within a period of three years from the entry into force of this Agreement, to achieve a minimum level of inspections corresponding to 15% of the various foreign ships, hereinafter referred to as “ships”, which entered the ports of its State during a recent representative period of 12 months.
1.4 Each Maritime Authority will consult, co-operate and exchange information with the other Maritime Authorities in order to further the aims of the Agreement.

Section 2: Relevant instruments

2.1 For the purposes of the Agreement, the “relevant agreements” are the following international conventions and their respective amendments in force:

– International Convention on Load Lines, 1966 (LOAD LINES 1966);
– International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974);
– Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 (SOLAS PROT 1978);
– International Convention for the Prevention for Pollution from Ships, 1973, amended by the Protocol of 1978 (MARPOL 73/78);
– International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1978); and
– Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 1972).

2.2 Each Maritime Authority will apply those relevant instruments which are in force and to which its State is a party. In the case of amendments to a relevant instrument, each Maritime Authority will apply those amendments which are in force and which its State has accepted. An instrument so amended will then be deemed to be a relevant instrument for that Maritime Authority.
2.3 In applying the requirements of a relevant instrument for the purposes of port State control, the Maritime Authorities will ensure that no more favourable treatment is given to ships entitled to fly the flag of a State which is not a party to that instrument.
2.4 In the case of ships below 500 tons gross tonnage, the Maritime Authorities will apply those provisions of the relevant instruments which are applicable and will, to the extent that a relevant instrument does not apply, adopt such measures as may be necessary to ensure that those ships are not clearly hazardous to safety or the environment, having regard in particular to Annex 1.

Section 3: Procedures for inspection, rectification and detention

3.1 In fulfilling their commitments, the Maritime Authorities will carry out inspections which will consist of a visit on board a ship in order to check the certificates and documents relevant for the purposes of the Agreement. In the absence of valid certificates or documents or if there are clearly grounds for believing that the ship, its equipment or its crew do not substantially meet the requirements of a relevant instrument, a more detailed inspection will be carried out. It is necessary that Maritime Authorities include compliance with on-board operational requirements in their control procedures. Inspections will be carried out in accordance with Annex 1.
3.2 Reasons and procedures for more detailed inspections
3.2.1 The Maritime Authorities will regard as “clear grounds”, inter alia, the following:

– A report or notification by another Maritime Authority;
– A report of complaint by the master, a crew member or any person or organization with an interest in the safe operation of the ship or in the prevention of pollution, unless the Maritime Authority concerned deems the report or complaint to be manifestly unfounded;
– Other indications of serious deficiencies (having particular regard to Annex 1).

3.2.2 For the purpose of control on compliance with on-board operational requirements, the following may be “clear grounds”:

– Evidence of operational shortcomings revealed during port State control procedures in accordance with SOLAS 1974, MARPOL 73/78 and STCW 1978;
– Evidence of cargo and other operations not being conducted safely or in accordance with IMO guidelines;
– Involvement of the ship in incidents due to failure to comply with operational requirements;
– Evidence, from the witnessing of a fire and/or abandon ship drill, that the crew are not familiar with essential procedures;
– Absence of an up-to-date muster list;
– Indications that key crew members may not be able to communicate with each other or with other persons on board.

3.2.3 Nothing in the above provisions should be construed as restricting the powers of the Maritime Authorities to take measures within their jurisdiction in respect of any matter to which the relevant instruments relate.
3.3 In selecting ships for inspection, the Maritime Authorities will pay special attention to:

– Passenger ships, roll-on roll-off ships and grain carriers;
– Ships which may present a special hazard, for example, oil tankers, gas carriers, chemical tankers and ships carrying dangerous and/or harmful substances and goods in packaged form;
– Ships which have had several recent deficiencies.

3.4 The Maritime Authorities will seek to avoid inspecting ships which have been inspected by any of the other Maritime Authorities within the previous six months, unless there are clear grounds for inspection. The frequency of inspection does not apply to the ships referred to in paragraph 3.3 of the Agreement, in which case the Maritime Authorities will seek to implement it whenever they deem this appropriate.
3.5 Inspections will be carried out by properly qualified persons authorized for that purpose by the Maritime Authority, bearing in mind the qualifications of the surveyor given in Annex 5.
3.6 Each Maritime Authority will endeavour to ensure that deficiencies detected are rectified.

3.7 In the case of deficiencies which are clearly hazardous to safety or the environment, the Maritime Authority will, except as provided in paragraph 3.8, ensure that the hazard is removed before the ship is allowed to proceed to sea and for this purpose will take appropriate action, which may include detention. The Maritime Authority will, as soon as possible, notify the flag State through its Consul or, in the latter’s absence, its nearest diplomatic representative or its Maritime Authority of the action taken. Where the certifying authority is a body other than a maritime administration, the former will also be advised.
3.8 Where deficiencies referred to in paragraph 3.7 cannot be remedied in the port of inspection, the Maritime Authority may allow the ship to proceed to another port, subject to any appropriate conditions determined by that Maritime Authority with a view to ensuring that the ship can so proceed without unreasonable danger to safety or the environment. In such circumstances, the Maritime Authority will notify the competent Maritime Authority of the State in the region where the next port of call of the ship is situated, the parties mentioned in paragraph 3.7 and any other authority it may deem appropriate. Notification to Maritime Authorities will be made in accordance with Annex 2. The Maritime Authority receiving such notification will inform the notifying Maritime Authority of action taken.
3.9 The provisions of paragraphs 3.7 and 3.8 are without prejudice to the application of the requirements of relevant instruments or procedures established by international organizations concerning notification and reporting procedures related to port State control.
3.10 The Maritime Authorities will ensure that, on the conclusion of an inspection, the master is provided with a document, in the form specified in Annex 3, giving the results of the inspection and details of any action taken.
3.11 When exercising control under the Agreement, the Maritime Authorities will make every effort to avoid unduly detaining or delaying a ship. Nothing in the Agreement affects rights created by provisions of relevant instruments relating to compensation for undue detention or delay.

Section 4: Provision of information

Each Maritime Authority will report on its inspections and their results, in accordance with the procedures specified in the Agreement.

Section 5: Operational violations

The Maritime Authorities will, upon the request of another Maritime Authority, endeavour to secure evidence relating to suspected violations of the requirements on operational matters of rule 10 of the International Regulations for Preventing Collisions at Sea, 1972, and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978. In the case of suspected violations involving the discharge of harmful substances, a Maritime Authority will, upon the request of another Maritime Authority, visit in port the ship suspected of such a violation in order to obtain information and where appropriate to take a sample of any alleged pollutant.

Section 6: Organization

6.1 A Committee will be established, composed of a representative of each of the Maritime Authorities that are parties to the Agreement. An observer from the Secretariat of ROCRAM and from the International Maritime Organization will be invited to participate in the work of the Committee.
6.2 The Committee will meet over a year and at such other times as it may deem appropriate.

6.3 The Committee will:

– prepare and adopt its rules of procedure, together with those of the Secretariat and the Information Centre;
– carry out the specific tasks assigned to it under the Agreement;
– promote by all means it considers necessary, including seminars for surveyors, the harmonization of procedures and practices relating to inspection, rectification, detention and the application of paragraph 2.3;
– develop and review guidelines for carrying out inspections under the Agreement;
– develop and review procedures for the exchange of information;
– keep under constant review other matters relating to the operation and effectiveness of the Agreement.

6.4 A Secretariat provided by the Maritime Authority of Argentina will be set up and have its headquarters in Buenos Aires.
6.5 The Secretariat, acting under the guidance of the Committee and within the limits of the resources made available to it, will:

– organize meetings, circulate documents and provide assistance to the Committee to enable it to carry out its functions;
– be responsible for the operation of the Information Centre;
– facilitate the exchange of information, carry out the procedures described in Annex 4 and prepare reports as may be necessary for the operation of the Agreement;
– carry out such other tasks as may be necessary to ensure the effective operation of the Agreement.

Section 7: Amendments

7.1 Any Maritime Authority may propose amendments to the Agreement.
7.2 The procedure indicated below will apply to amendments to sections of the Agreement:

(a) The proposed amendments will be distributed to the Maritime Authorities, through the Secretariat, prior to consideration by the Committee;
(b) Amendments will be adopted by a two-thirds majority of the representatives of the Maritime Authorities present and voting in the Committee. If so adopted, an amendment will be communicated by the Secretariat to the Maritime Authorities for acceptance;
(c) An amendment will be deemed to have been accepted either at the end of a period of six months after adoption by the representatives of the Maritime Authorities in the Committee or at the end of a different period determined unanimously by the representatives of the Maritime Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by a Maritime Authority.
(d) an amendment will enter into force 60 days after it has been accepted or at the end of any other period determined unanimously by the representatives of the Maritime Authorities in the Committee.

7.3 The procedure indicated below will be applied for the amendment of an Annex to the Agreement:

(a) The proposed amendment will be submitted through the Secretariat for consideration by the Maritime Authorities;
(b) The amendment will be deemed to have been accepted at the end of a period of six months from the date on which it has been communicated by the Secretariat unless a Maritime Authority submits an objection or requests in writing that the amendment should be considered by the Committee; in both cases the procedure specified in paragraph 7.2 will apply;
(c) The amendment will enter into force 60 days after it has been accepted or at the end of any different period determined unanimously by the Maritime Authorities.

Section 8: Adoption and Signature of the Agreement

8.1 The Agreement is without prejudice to rights and obligations under any international convention.
8.2 A Maritime Authority of another State may, with the consent of the Maritime Authorities participating in the Agreement, accede to the Agreement. For such a Maritime Authority, the Agreement will take effect upon such date as may be mutually agreed.
8.3 The official languages of this Agreement will be Spanish and Portuguese.

Section 9: Entry into force

This Agreement will enter into force for each Maritime Authority on the date duly notified to the Secretariat of ROCRAM.
Adopted by resolution No.5(VI) of ROCRAM on the fifth day of November 1992, during the VIth Meeting held at Viña del Mar, Chile, the original of which is deposited with the Secretariat of the Network.

MARITIME AUTHORITIES OF ROCRAM SIGNATORIES* TO THE LATIN AMERICAN AGREEMENT ON PORT STATE CONTROL

Argentina
Brazil
Chile
Colombia
Ecuador
Mexico
Panama
Peru
Uruguay
Venezuela

*Signatures omitted.

Section 1: General

1.1 Guidelines to be observed in the inspection of foreign ships

The guidelines mentioned in paragraph 3.1 of the Agreement refer to the procedures set forth in this Annex and to the following IMO provisions:

– Procedures for the Control of Ships (resolution A.466(XII)), as amended).
– Principles of Safe Manning (resolution A.481(XII)) and Annexes, Contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2).
– Procedures for the Control of Ships and Discharges under Annex I of MARPOL 73/78 (resolution A.542(13)).
– Procedures for the control of ships and discharges under Annex II of MARPOL 73/78 (resolution MEPC.26(23)).
– The provisions of the International Maritime Dangerous Goods Code.
– Procedures for the Control of Operational Requirements (resolution A.681(17)).

1.2 Principles governing rectification of deficiencies or detention of a ship

In taking a decision to have a deficiency rectified or to detain a ship, the surveyor shall take into consideration the results of the detailed inspection carried out in accordance with section 3.
The surveyor shall exercise his professional judgement in determining whether to detain the ship until the deficiencies are corrected or to allow it to sail with certain deficiencies without unreasonable danger to safety or the environment, having regard to the particular circumstances of the intended voyage. As regards minimum manning standards, the special procedures set out in section 3 shall be observed.

1.3 Application of the “no more favourable treatment” clause

In applying section 2 of the Agreement, paragraph 2.3, the following shall be observed:
Ships flying the flag of a State which is not a party to a relevant instrument listed in section 2, and which are thus not provided with certificates representing prima facie evidence of satisfactory conditions on board, shall receive a detailed inspection. In making such an inspection the surveyor should follow the same guidelines as provided for ships to which the relevant instruments are applicable. The condition of the ship and its equipment, and the certification, number and composition of its crew shall be compatible with the aims of the provisions of the relevant instruments. Otherwise the ship shall be subject to any measures necessary to enable it to achieve an equivalent level of safety.

Section 2: The Safety of the Ship as Related to SOLAS 1974, SOLAS PROT 1978, Load Lines 1966, COLREG 1972 and MARPOL 73/78

2.1 More detailed inspection

In so far as there are clear grounds for a more detailed inspection relating to the provisions of the SOLAS Convention and its Protocol, the Load Line Convention, the Convention on the Collision Regulations and MARPOL 73/78, the surveyor when carrying out this inspection shall take into account the recommendations made in IMO resolution A.466(XII), Procedures for the Control of Ships, as amended by IMO resolution A.597(15), the Procedures for the Control of Ships and Discharges under Annex I of MARPOL 73/78 (IMO resolution A.542(13)), the Procedures for the Control of Ships and Discharges under Annex II of MARPOL 73/78 (IMO resolution MEPC.26(23)), the Procedures for the Control of Operational Requirements (IMO resolution A.681(17)) and the provisions of the International Maritime Dangerous Goods Code.

Section 3: Minimum Manning Standards and Certification

3.1 Introduction

The guiding principle for port State inspection of the manning of a foreign ship should be to establish conformity with the flag State’s safe manning requirements. Where this is in doubt the flag State should be consulted. Such safe manning requirements stem from:

– International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974);
– International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1978);
– Contents of the Minimum Safety Manning Document (IMO resolution A.481(XII), Annex 1);
– Guidelines for the Application of Principles of Safe Manning (IMO resolution A.481(XII), Annex 2).

Detention as port State action shall only take place on the grounds laid down in the relevant instruments and used in conjunction with advice from the flag State. Where such response is not readily forthcoming, and the extent of the manning deficiency is such as to render the ship clearly unsafe for the intended voyage or service, detention is the only resort.

3.2 Manning control

3.2.1 If a ship is manned in accordance with the safe manning document or an equivalent document issued by the flag State, the surveyor should accept that the ship is safely manned unless the document has clearly been issued without regard to the principles contained in the relevant instruments and the IMO Guidelines for the Application of Principles of Safe Manning; in this last case, the surveyor should act according to the procedures defined in paragraph 3.2.3.
3.2.2 If the number or composition of the crew does not conform to the manning document, the port State should request the flag State for advice as to whether or not the ship can sail with the actual number of crew and its composition. Such request should be made as quickly as possible. The reply, if any, from the flag State should be confirmed by telex or fax. If the number and composition of the crew does not conform to the safe manning document, or if the flag State does not advise that the ship could sail in that condition, the ship may be detained after the criteria set out in paragraph 3.4 of this annex have been taken into account.
3.2.3 If the ship does not carry a safe manning document or equivalent, the port State should request the flag State to specify the required number of crew and its composition and to issue a document as quickly as possible.
In case the number and composition of the crew does not conform to the specifications received from the flag State, the procedure as laid down in paragraph 3.2.2 shall be applied. If the flag State does not respond to the request this will be considered as a clear ground for a more detailed inspection to ensure that the number and composition of the crew is in accordance with the principles laid down in paragraph 3.1. The ship shall only be allowed to proceed if it is safe to do so, taking into account the criteria for detention under paragraph 3.4.
In no case shall the minimum standards to be applied be more strict than those applied to ships flying the flag of the port State. The lack of a safe manning document shall be reported as deficiency.

3.3 Certification control

3.3.1 General certification control on ships should be carried out in accordance with the procedures stipulated in article X and in regulation 1/4 of STCW 1978.
3.3.2 Certification control on ships engaged in the carriage of hazardous liquid cargo in bulk should be more stringent. The surveyor should satisfy himself that the officers responsible for cargo handling and operation possess documentary evidence of having had the appropriate training and experience. No exemption from the carriage of such documentary evidence should be accepted. Where a deficiency is found the master should be informed and the deficiency rectified.

With regard to appropriate training, chapter V of STCW 1978, resolutions 10, 11 and 12 adopted by the International Conference on Training and Certification of Seafarers, 1978, and the relevant sections of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk should be taken into account.

3.4 Detention

Before detaining a ship under paragraph 3.2 or 3.3 of this Annex, the following circumstances should be considered:

– length and nature of the intended voyage or service;
– whether or not the deficiency poses a danger to ship, persons on board or the environment;
– whether or not appropriate rest periods of the crew can be observed;
– size and type of ship and equipment provided;
– nature of the cargo.

The absence of a deck or engineer officer required to be certificated should not be grounds for detention where the absence is in accordance with any exceptional provisions approved by the flag State.

Section 4: Ships of Less than 500 Tons Gross Tonnage

4.1 The following is a guide for the application of paragraph 2.4 of the Agreement.
4.2 Even where a relevant instrument is not applicable to a ship of less than 500 tons gross tonnage, the surveyor’s task will be to assess whether the ship is of an acceptable standard in regard to safety or the environment. In making that assessment the surveyor shall take into account factors such as the length and nature of the intended voyage or service, the size and type of the ship, the equipment provided and the nature of the cargo.
4.3 In the exercise of his functions under paragraph 4.2 the surveyor should be guided by any certificates and other documents issued by the flag State. In the light of his analysis of such certificates and documents and of his general impression of the ship, the surveyor will use his professional judgement in deciding whether and in what respects the ship shall be subjected to a more detailed inspection, taking into account the factors mentioned in paragraph 4.2. When carrying out a more detailed inspection the surveyor shall, to the extent he deems necessary, pay attention to the items listed in paragraph 4.4. The list is not exhaustive but serves as an example of the most important items.
4.4 Items of general importance
4.4.1 Items related to the conditions of assignment of load lines:

– weathertight (or watertight as the case may be) integrity of exposed decks;
– hatches and closing appliances;
– weathertight closures to openings in superstructures;
– freeing arrangements;
– side outlets;
– ventilators and air pipes;
– stability information.

4.4.2 Other items related to the safety of life at sea:

– life-saving appliances;
– fire-fighting appliances;
– structural conditions (hull, deck, hatch covers, etc.);
– main machinery and electrical installations;
– navigational equipment including radio installations.

4.4.3 Items related to the prevention of pollution from ships:

– means for the control of discharge of oil and oily mixtures, e.g. oily water separating or filtering equipment or other equivalent means (tanks for retaining oil, oily mixtures, oil residues);
– means for the disposal of oil, oily mixtures or oil residues;
– presence of oil in the engine-room bilges.

4.5 In the case of deficiencies which are considered hazardous to safety or the environment, the surveyor shall take action, which may include detention if necessary, having regard to the factors mentioned in paragraph 4.2, to ensure that the deficiency is rectified or that the ship, if allowed to proceed to another port, does not present a clear hazard to safety or the environment.

ANNEX 2

EXCHANGE OF MESSAGES BETWEEN STATES OF THE REGION IN
ACCORDANCE WITH PARAGRAPH 3.8 OF THE AGREEMENT

1 In the case of deficiencies not fully rectified or only provisionally repaired, a message shall be sent to the competent Maritime Authority of the State of the region where the next port of call of the ship is situated.
2 The exchange of messages mentioned in paragraph 1 of this Annex shall be made using the communication facilities incorporated in the information system described in Annex 4.
3 Each message shall contain the following information:

– IMO identification number;
– Name of ship;
– Type of ship;
– Flag of ship;
– Call sign;
– Gross register tonnage;
– Year of build;
– Sailing from (country);
– Port;
– Date of sailing;
– Bound for (country);
– Port;
– Estimated date of arrival;
– Date of inspection;
– Deficiencies to be rectified;
– A statement specifying:
– Nature of deficiencies;
– Suggested action to rectify the deficiency;
– Name of sender.

4 Where deficiencies giving rise to delay to or detention of a ship flying the flag of one of the States parties to this Agreement are detected, the Maritime Authority of the port State will send a copy of the report referred to in Annex 3 of the Agreement to the Administration of the State of the ship’s flag.

Annex 3: Inspection report

(reverso formulario B)
(back of form B)

CODIGO PARA MEDIDAS ADOPTADAS
CODES FOR ACTION TAKEN

Código

Code

00 no se adoptaron
no action taken
10 deficiencias subsanadas
deficiency rectified
12 todas las deficiencias subsanadas
all deficiencies rectified
15 deficiencias a ser subsanadas en el próximo puerto
deficiencies to be rectified at next port
16 deficiencias a ser subsanadas en un plazo de 14 días
rectify deficiencies within 14 days
17 el capitán instruido para subsanar las deficiencias antes del zarpe
master instructed to rectify deficiencies before departure
20 buque demorado para subsanar deficiencias
ship delayed to rectify deficiencies
25 buque autorizado a zarpar después de la demora
ship allowed to sail after delay
30 buque retenido
ship detained
35 retención suspendida (indique fecha)
detention suspended (+specify date)
40 próximo puerto informado
next port informed
50 Estado de bandera/Cónsul informado
flag State/Consul informed
55 Estado de bandera consultado
flag State consulted
60 Estado de la región informado
region State informed
70 sociedad de clasificación informada
classification society informed
90 substitución temporal del equipo
temporary substitution of equipment
85 investigación de una transgresión a exigencias de descarga (MARPOL 73/78)
investigation of violations of discharge provisions (MARPOL 73/78)
99 otros (especificar en un lenguaje claro)
others (specify in clear text)

Inspector debidamente autorizado de (la autoridad expedidora)
Duly authorized surveyor of (issuing authority)

Firma
Signature

(1) Se cumplimentarán en caso de detención: S (SOLAS), M (MARPOL), LL (Líneas de carga), etc.
To be utilized in case of detention: S (SOLAS), M (MARPOL), LL (Load Lines), etc.
(2) Entre dichas medidas cabe citar, por ejemplo: buque retenido/liberado; Estado de abanderamiento informado, sociedad de clasificación informada, siguiente puerto do escala informado (véanse las claves al dorso de la copia).
Among such measures the following may he considered: detained /released ship, flag State informed, classification society informed, next port-of-call informed (see codes on the back of this form)

FORMULARIO A FORM A

Autoridad expedidora (issuing authority) Copia oficina central (copy head office)
Dirección (address) Copia Estado pabellón (flag State copy)
Teléfono (phone) Cori& OMI (IMO copy)
Fax Copia Capitán (Masters copy)
Telex Copia Inspector (Surveyors copy)

INFORME DE INSPECCION
Inspection Report

1 Nombre de la autoridad expedidora
Name of issuing authority

2 Nombre del buque 3 Pabellón del buque

Name of ship Flag of ship

4 Tipo del Buque

Type of ship

5 Distintivo de llamada 6 Número OMI

Call sign IMO number

7 Arqueo bruto 8 Año de construcción

Gross tonnage Year of build

9 Fecha de la inspección 10 Lugar de la inspección

Date of inspection Place of inspeccion

11 Sociedad de classificación
Classification society
12 Certificado(s) pertinente(s)
Relevant certificates

a) Titulo b) Autoridad expedidora c) Fecha de expedición y expiración
Title Issuing authority Issue and expiration dates

1
2
3
4
5
6
7
8
9
10

d) Fechas de los reconocimientos anuales intermedios
Dates of annual or intermediate surveys

Fecha Autoridad que efectuó el reconocimient o Lugar
Date Authority who performed the survey Place

1
2
3
4
5
6
7
8
9
10
11

13 Deficiencia [ ] no [ ] sí (véase formulario B) [ ] contaminación marina
Deficiency no yes (see form B) (marine pollution)

14 Buque retenido [ ] no [ ] sí
Ship retained no yes
15 Documentación justificativa [ ] no [ ] sí (véase anexo) [ ] seguridad marítima
Support documents no yes (see annex) maritime safety

Oficina regional (regional office) Nombre (Name)

Teléfono (phone) Inspector debidamente autorizado de (la autoridad expedidora)
Fax Duly authorized surveyor of (issuing authority)

Telex Firma (Signature)

ANNEX 4
INFORMATION SYSTEM OF THE AGREEMENT

1 To assist Maritime Authorities in their selection of foreign flag ships to be inspected in their ports, Maritime Authorities must have up-to-date information available on inspections of an individual foreign flag ship in any other ports in the region.
2 For the purposes of the preceding paragraph a Centro de Información del Acuerdo Latinoamericano [Latin American Agreement Information Centre] (CIALA) shall be established whose purpose and functions are defined in appendix 1 of this Annex. The CIALA, which will be administratively responsible to the Secretariat of the Agreement, shall be located in Argentina.
3 The Maritime Authorities undertake to provide the CIALA, preferably by means of a computerized data communications system, with information on ships inspected in the national ports, on the basis of the information in Annex 3 of the Agreement. This information should preferably be input on a daily basis. The Authorities will have easy and rapid access to all the information contained in the inspection archives, free of charge for the information itself, and shall be able to obtain a copy of part or all of the information when they wish.
4 To facilitate rapid communication between the different Maritime Authorities of Latin America and with other regions of the world, including the notification referred to in section 3, paragraph 3.8 of the Agreement, and information on operational

violations indicated in section 4 of the Agreement, the CIALA system shall be connected to a commercial electronic mail system enabling the electronic exchange of data by messages based on the codes and logical structure established in the United Nations standard on Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT) laid down in the Trade Data Elements Directory (TDED) and the Trade Data Interchange Directory (TDID).
5 The CIALA will handle the information indicated in paragraphs 3 and 4 of this Annex in accordance with the standard procedures specified in the User Guide of the information system.
6 The CIALA will ensure that the information mentioned in paragraph 3 is readily accessible for consultation, updating and transfer in accordance with the procedures specified in the User Guide of the information system.
7 Fax and, if appropriate, telex will be alternative means for information exchange using the formats set out in Annex 2 and in appendix 2 to this Annex.
8 The CIALA will carry out evaluations with a view to optimizing the administration of its resources on a permanent basis. Similarly, where necessary, it shall make proposals for improvements to the information and data communication system to the Secretariat.
9 The information system will be implemented as long as the Agreement is in force.

Appendix 1

PURPOSE AND FUNCTIONS OF THE LATIN AMERICAN AGREEMENT
INFORMATION CENTRE (CIALA)

PURPOSE:

To develop and maintain an information and data communications system in order to promote the purposes of the Agreement with respect to its information requirements.

FUNCTIONS:

1 To develop and maintain computer applications related to inspections and the communication of data on the Agreement.
2 To administer the databases of the system.
3 To ensure the integrity and security of the data of the system.
4 To maintain the hardware, software and data communications equipment of the system in optimum operating condition.
5 To provide up-to-date information required by the Committee, the Secretariat and users of the Agreement.
6 To provide functional technical support to users of the Agreement.
7 To establish the operational and administrative procedures of the system.
8 To advise the Secretariat with regard to information and communications development.
9 To keep information on ship inspections available for immediate access for a period of not less than two years.