Memorandum of Understanding on Port State Control in the Asia-Pacific Region, Tokyo, 1993
Done at Tokyo 1 December 1993
Primary source citation: Copy of text provided by the United Nations
MEMORANDUM OF UNDERSTANDING ON
PORT STATE CONTROL IN THE ASIA PACIFIC REGION
The Maritime Authorities of
Australia New Zealand
Canada Papua New Guinea
People’s Republic of China Philippines
Fiji Russian Federation
Hong Kong, China Republic of Singapore
Indonesia Solomon Islands
Republic of Korea Republic of Vanuatu
Malaysia Socialist Republic of Vietnam
hereinafter referred to as “the 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;
Recalling the importance of the requirements set out in the relevant maritime conventions for ensuring maritime safety and marine environment protection;
Recalling also the importance of the requirements for improving the living and working conditions at sea;
Noting the resolutions adopted by the International Maritime Organization (IMO), and especially Resolution A682(17) adopted at its 17th Assembly, concerning regional co- operation in the control of ships and discharges;
Noting also that the Memorandum is not a legally binding document and is not intended to impose any legal obligation on any of the Authorities;
Mindful that the principal responsibility for the effective application of standards laid down in international instruments rests upon the administrations whose flag a ship is entitled to fly;
Recognizing nevertheless that effective action by port States is required to prevent the operation of substandard ships;
Recognizing also the need to avoid distorting competition between ports;
Convinced of the necessity, for these purposes, of an improved and harmonized system of port State control and of strengthening cooperation and the exchange of information;
have reached the following understanding:
Section 1 General
1.1 Each Authority that has accepted the Memorandum will give effect to the provisions of the present Memorandum.
1.2 For the purposes of the Memorandum, references to the “region”, to “regional”, to “regional ports” or to “regional port State control” mean the Asia- Pacific region, and references to “port State” means the States, and the territories recognized as Associate Members of IMO in which the ports are located.
1.3 Each Authority will establish and maintain an effective system of port State control with a view to ensuring that, without discrimination, foreign merchant ships calling at a port of its Authority, or anchored off such a port comply with the standards laid down in the relevant instruments as defined in section 2.
1.4 Each Authority, under the coordination of the Committee established pursuant to paragraph 6.1, will determine an appropriate annual percentage of individual foreign merchant ships, hereinafter referred to as “ships”, to be inspected. The Committee will monitor the overall inspection activity and its effectiveness throughout the region. As a preliminary target, subject to subsequent review, the Committee will endeavour to attain a regional annual inspection rate of 50% of the total number of ships operating in the region by the year 2000. The percentage is based on the number of ships which entered regional ports during a recent base period to be decided by the Committee.
1.5 Each Authority will consult, cooperate and exchange information with the other Authorities in order to further the aims of the Memorandum.
Section 2 Relevant Instruments
2.1 For the purposes of the Memorandum, the following are the relevant instruments on which regional port State control is based:
.1 the International Convention on Load Lines 1966;
.2 the International Convention for the Safety of Life at Sea, 1974 as amended;
.3 the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974;
.4 the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto;
.5 the International Convention on Standards for Training, Certification and Watchkeeping for Seafarers, 1978, as amended;
.6 the Convention on the International Regulations for Preventing Collisions at Sea, 1972;
.7 the International Convention on Tonnage Measurement of Ships, 1969; and
.8 the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147).
2.2 With respect to the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147), each Authority will be guided by the instructions in chapter 4 of the Asia- Pacific Port State Control Manual (hereinafter referred to as the “Manual”). The implementation of ILO Convention No. 147 will not require any alterations to structure or facilities involving accommodation for ships whose keels were laid down before April 1, 1994.
2.3 In the application of the other relevant instruments, each Authority will be guided by the standards specified in chapter 3 of the Manual.
2.4 Each Authority will apply those relevant instruments which are in force and are binding upon it. In the case of amendments to a relevant instrument each Authority will apply those amendments which are in force and which are binding upon it. An instrument so amended will then be deemed to be the ‘relevant instrument’ for that Authority.
2.5 In applying a relevant instrument for the purpose of port State control, the Authorities will ensure that no more favourable treatment is given to ships entitled to fly the flag of a non-party to that instrument.
2.6 When inspecting ships for provisions of the relevant instruments to which it is a Party, the Authority as the port State will not impose standards on foreign ships that are in excess of standards applicable to ships flying the flag of that port State.
Section 3 Inspection Procedures, Rectification and Detention
3.1 In implementing this Memorandum, the Authorities will carry out inspections, which will consist of at least a visit on board a ship in order to check the certificates and documents, and furthermore satisfy themselves that the crew and the overall condition of the ship, its equipment, machinery spaces and accommodation, and hygienic conditions on board, meets the provisions of the relevant instruments. In the absence of valid certificates, or if there are clear grounds for believing that the crew or the condition of the ship or its equipment does not substantially meet the requirements of a relevant instrument, or the master or crew are not familiar with essential shipboard procedure relating to the safety of ships or the prevention of pollution, a more detailed inspection will be carried out. Inspections will be carried out in accordance with the Manual.
3.2 Clear Grounds
3.2.1 The Authorities will regard as ‘clear grounds’ inter alia the following:
.1 a report or notification by another Authority;
.2 a report or complaint by the master, a crew member, or any person or organization with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Authority concerned deems the report or complaint to be manifestly unfounded; and
.3 other indications of serious deficiencies, having regard in particular to the Manual.
3.2.2 For the purpose of control, specific ‘clear grounds’ include those prescribed in paragraph 2.3 of IMO resolution A.787(19) contained in chapter 3 of the Manual.
3.2.3 Nothing in these procedures should be construed as restricting the powers of the 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 Authorities will give priority to the following ships:
.1 passenger ships, roll-on/roll-off ships and bulk carriers;
.2 ships which may present a special hazard, including oil tankers, gas carriers, chemical tankers and ships carrying harmful substances in packaged form;
.3 ships visiting a port of a State, the Authority of which is a signatory to the Memorandum, for the first time or after an absence of 12 months or more;
.4 ships flying the flag of a State appearing in the three-year rolling average table of above-average detentions published in the annual report of the Memorandum;
.5 ships which have been permitted to leave the port of a State, the Authority of which is a signatory to the Memorandum, on the condition that the deficiencies noted must be rectified within a specified period, upon expiry of such period;
.6 ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe
.7 ships carrying dangerous or polluting goods, which have failed to report all relevant information concerning the ships’ particulars, the ships movements and concerning the dangerous or polluting goods being carried to the competent authority of the port and coastal State;
.8 ships which have been suspended from their class for safety reasons in the course of the preceding six months;
.9 ships referred to in paragraph 3.9; and
.10 type of ships identified by the Committee (referred to in paragraph 6.3) from time to time as warranting priority inspections.
The Authorities will pay special attention to oil tankers and bulk carriers of 10 years of age and over.
3.4 The Authorities will seek to avoid inspecting ships which have been inspected by any of the other Authorities within the previous six months, unless they have clear grounds for inspection. The frequency of inspection does not apply to the ships referred to in paragraph 3.3, in which case the Authorities will seek satisfaction whenever they will deem this appropriate.
3.5 Inspections will be carried out by properly qualified persons authorized for that purpose by the Authority concerned and acting under its responsibility having regard to sections 2.4 and 2.5 of IMO resolution A.787(19) contained in chapter 3 of the Manual.
3.6 Each Authority will endeavour to secure the rectification of all deficiencies detected. On the condition that all possible efforts have been made to rectify all deficiencies, other than those referred to in 3.7, the ship may be allowed to proceed to a port where any such deficiencies can be rectified. The provisions of 3.8 apply accordingly.
In exceptional circumstances where, as a result of the initial control and a more detailed inspection, the overall condition of a ship and its equipment, also taking the crew and its living and working conditions into account, are found to be substandard, the Authority may suspend an inspection.
The suspension of the inspection may continue until the responsible parties have taken the steps necessary to ensure that the ship complies with the requirements of the relevant instruments.
Prior to suspending an inspection, the Authority will have recorded detainable deficiencies in the areas set out in Appendix 1 of IMO resolution A.787(19) and ILO Convention deficiencies*, as appropriate.
(* Examples of detainable deficiencies are set out in chapter 7 of the Manual.)
In cases where the ship is detained and an inspection is suspended, the Authority will, as soon as possible, notify the responsible parties. The notification will include information about the detention. Furthermore it shall state that the inspection is suspended until the Authority has been informed that the ship complies with all relevant requirements.
3.7 In the case of deficiencies which are clearly hazardous to safety, health or the environment, the Authority will, except as provided in 3.8, ensure that the hazard is removed before the ship is allowed to proceed to sea. For this purpose appropriate action will be taken, which may include detention or a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous. In the event of a detention, the Authority will as soon as possible, notify in writing the flag State or its consul or, in his absence, its nearest diplomatic representative of all the circumstances in which intervention was deemed necessary. Where the certifying Authority is an organization other than a maritime administration, the former will also be advised.
3.8 Where deficiencies which caused a detention as referred to in paragraph 3.7 cannot be remedied in the port of inspection, the Authority may allow the ship concerned to proceed to the nearest appropriate repair yard available, as chosen by the master and agreed to by the Authority, provided that the conditions determined by the Authority and agreed by the competent authority of the flag State are complied with. Such conditions will ensure that the ship can proceed without risk to the safety and health of the passengers or crew, or risk to other ships, or without being an unreasonable threat of harm to the marine environment. In such circumstances the Authority will notify the Authority of the ship’s next port of call, the parties mentioned in paragraph 3.7 and any other authority as appropriate. Notification to Authorities will be made in accordance with chapter 7 of the Manual. The Authority receiving such notification will inform the notifying Authority of action taken.
3.9 If a ship referred to in paragraph 3.8 proceeds to sea without complying with the conditions agreed to by the Authority of the port of inspection:
.1 that Authority will immediately alert all other Authorities; and
.2 the ship will be detained at any port of the Authorities which have accepted the Memorandum, until the owner or operator has provided evidence to the satisfaction of the Authority of the port State, that the ship fully complies with all applicable requirements of the relevant instruments.
If a ship referred to in paragraph 3.8 does not proceed to the nominated repair port, the Authority of the repair port will immediately alert all other Authorities.
3.10 The provisions of this section are without prejudice to the requirements of relevant instruments or procedures established by international organizations concerning notification and reporting procedures related to port State control.
3.11 The Authorities will ensure that, on the conclusion of an inspection, the master of the ship is provided with a document, in the form specified in chapter 7 of the Manual, giving the results of the inspection and details of any action taken.
3.12 When exercising control under the Memorandum, the Authorities will make all possible efforts to avoid unduly detaining or delaying a ship. Nothing in the Memorandum affects rights created by provisions of relevant instruments relating to compensation for undue detention or delay.
3.13 In the case that an inspection is initiated based on a report or complaint, especially if it is from a crew member, the source of the information must not be disclosed.
3.14 The owner or the operator of a ship or its representative will have a right of appeal against a detention taken by the Authority of the port State. Initiation of the appeal process will not by itself cause the detention to be suspended.
Section 4 Provision of information
4.1 Each Authority will report on its inspections under the Memorandum and their results, in accordance with the procedures specified in the Manual.
4.2 Arrangements will be made for the exchange of inspection information with other regional organizations working under a similar memorandum of understanding.
4.3 The Authorities will, upon the request of another 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 relating thereto. In case of suspected violations involving the discharge of harmful substances, an Authority will, upon the request of another 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 5 Training Programs and Seminars
The Authorities will endeavour to establish training programs and seminars for port State control officers.
Section 6 Organization
6.1 A Committee composed of a representative of each of the Authorities that have accepted the Memorandum will be established. An observer from each of the International Maritime Organization, the International Labour Organization, the Economic and Social Commission for Asia and the Pacific and any other organization or authority which the Committee may deem appropriate will be invited to participate without vote in the work of the Committee.
6.2 The Committee will meet once a year and at such other times as it may decide.
6.3 The Committee will
.1 carry out the specific tasks assigned to it under the Memorandum;
.2 promote by all means necessary, including training and seminars, the harmonization of procedures and practices relating to inspection, rectification and detention whilst having regard to paragraph 2.4;
.3 develop and review guidelines for carrying out inspections under the Memorandum;
.4 develop and review procedures for the exchange of information; and
.5 keep under review other matters relating to the operation and the effectiveness of the Memorandum.
6.4 A Secretariat will be established in accordance with the following principles:
.1 the Secretariat is a non- profit making body located in Tokyo;
.2 the Secretariat will be totally independent from any maritime administration or organization;
.3 the Secretariat will be governed by and be accountable to the Committee;
.4 the Secretariat will have a bank account into which all dues and contributions are made; and
.5 the Secretariat will operate from the established bank account in accordance with the budget determined by the Committee.
6.5 The Secretariat, acting under the guidance of the Committee and within the limits of the resources made available to it, will:
.1 prepare meetings, circulate papers and provide such assistance as may be required to enable the Committee to carry out its functions;
.2 facilitate the exchange of information; and
.3 carry out such other work as may be necessary to ensure the effective operation of the Memorandum.
6.6 The Asia-Pacific Computerized Information System (APCIS) is established for the purpose of exchanging information on port State inspections, in order to:
.1 make available to Authorities information on inspections of ships in other regional ports to assist them in their selection of foreign flag ships to be inspected and their exercise of port State control on selected ships; and
.2 provide effective information exchange facilities regarding port State control in the region.
6.7 The functions and operational procedures of the APCIS are specified in chapter 7 of the Manual.
Section 7 Amendments
7.1 The Memorandum will be amended by the following procedure:
.1 any Authority that has accepted the Memorandum may propose amendments to the Memorandum;
.2 the proposed amendment will be submitted through the Secretariat for consideration by the Committee;
.3 amendments will be adopted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee, each Authority exercising one vote. If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance;
.4 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 Authorities in the Committee or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by an Authority;
.5 any such objection will be considered by the Committee at its next meeting, and the amendment will be confirmed if it is accepted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee at such meeting. In these circumstances, a quorum of more than half of the total number of representatives of the Authorities that comprise the Committee is required. In the event that the amendment is confirmed, the date of its deemed acceptance will be either at the end of a period of six months after being confirmed or any different period determined unanimously by the representatives of the Authorities in the Committee at the time of confirmation; and
.6 an amendment will take effect 60 days after it has been deemed accepted, or at the end of any different period of deemed acceptance as determined unanimously by the representatives of the Authorities in the Committee.
7.2 The Manual will be amended by the following procedure:
.1 the proposed amendment will be submitted through or by the Secretariat for consideration by the Authorities;
.2 the amendment will be deemed to have been accepted at the end of a period of three months from the date on which it has been communicated by the Secretariat unless an Authority requests in writing that the amendment should be considered by the Committee. In the latter case the procedure specified in paragraph 7.1 will apply; and
.3 the amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the Authorities.
Section 8 Administrative Provisions
8.1 The Memorandum is without prejudice to rights and obligations under any international instrument.
8.2 Any maritime authority may, with the unanimous consent of the Authorities present and voting at the Committee meeting, adhere to the Memorandum. For such an Authority, the Memorandum will take effect upon such date as may be mutually determined.
8.3 Any maritime authority or organization wishing to participate as an observer will submit in writing an application to the Committee and will be accepted as an observer subject to the unanimous consent of the representatives of the Authorities present and voting at the Committee meeting.
8.4 Any Authority may withdraw from the Memorandum by providing the Committee with 60 days notice in writing.
8.5 The Memorandum is signed at Tokyo on December 1, 1993 and will remain open for signature until the signing during the first meeting of the Committee to be held in 1994.
8.6 The Memorandum will be available for acceptance from April 1, 1994, and will take effect for each Authority, which has signed the Memorandum, on the date its acceptance is duly notified to the Secretariat.
8.7 The English text is the official version of the Memorandum.
This Memorandum is signed at Tokyo on December 1, 1993 by the following Authorities:
Australia New Zealand
Canada Papua New Guinea
MARITIME AUTHORITIES SIGNING THE ASIA-PACIFIC MEMORANDUM OF UNDERSTANDING
This Memorandum is signed at Tokyo on December 1, 1993 by the following Authorities:
Mr. Patrick Quirk
Ship and Personnel Safety Services
Australian Maritime Safety Authority
Captain Rejean L. Lanteigne
A. Director General
Ship Safety Directorate
Canadian Coast Guard
Captain Malcolm A. Peckham
Ministry of Transport
Captain Allan C. Pyrke, ISO, JP
Director of Marine
Hong Kong Government
Director General of Sea Communication
Ministry of Transport
Mr. K. Ogawa
Ship Inspector General
Maritime Technology and Safety Bureau
Ministry of Transport
Mr. Tae-Whan, Ahn
Inspection and Measurement Division
Korea Maritime and Port Administration
Madam O. C. Phang
Ministry of Transport
Mr. Lindsay Sturt
for Director of Maritime Safety
Maritime Safety Authority of New Zealand
Papua New Guinea
Mr. Wabing Hofagao
Controller Marine Services
Department of Transport
Captain Willie C. Vergara
Assistant Chief of Staff for Operations, CG3
Philippine Coast Guard
Mr. Sergey V. Palekhov
Department of Maritime Transport
Mr. Chen Tze Penn
Director (Sea & Air Transport)
Ministry of Communications
Mr. Elliot Cortez
Superintendent of Marine
Ministry of Transport, Works & Utilities
Captain Sanchai Kulpreecha
Director, Ship Registration and Licence Division
Socialist Republic of
Captain Nham Van San
Director of Maritime Safety Inspection Department
Vietnam National Maritime Bureau
Director General Interim Asia-Pacific Port State Control
Ship Safety Branch Secretariat
Canadian Coast Guard
Signed as Witness to the above signatures.
[Signed] [Signed] [Signed]
Mr. B. Klerck Nilssen Mr. K. Sekimizu Mr. H. Huibers
International Labour International Maritime Paris Memorandum of
Organization Organization Understanding on Port State Control
MARITIME AUTHORITIES SIGNING THE
ASIA-PACIFIC MEMORANDUM OF UNDERSTANDING
This Memorandum is signed at Beijing on April , 1994 by the following Authorities:
GUIDELINES FOR SURVEYORS
*Section 1 General.
1.1 Guidelines to be observed in the inspection of foreign ships.
1.2 Principles governing rectification of deficiencies or detention of a ship.
1.3 Application of the clause of ‘no more favourable treatment’.
*Section 2 The safety of the ship as related to SOLAS 74/78. LOAD LINES 66, COLREGS 72 and MARPOL 73/78.
2.1 More detailed inspection.
*Section 3 Minimum manning standards and certification.
3.2 Manning control.
3.3 Certification control.
*Section 4 Merchant Shipping (Minimum Standards) Convention. 1976
*Section 5 Merchant ships under convention size.
*Section 1 General
1.1 Guidelines to be observed in the inspection of foreign ships
The guidelines mentioned in paragraph 3.1 of the Memorandum refer to the relevant provisions of the following:
.1 Procedures for the Control of Ships (IMO Resolution A.466 (XII)), as amended;
.2 Principles of Safe Manning (IMO Resolution A.481 (XII)) and Annexes which are Contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2);
.3 Procedures for the Control of Ships and Discharges under Annex I of MARPOL 73/78 (IMO Resolution A.542 (13));
.4 Procedures for the Control of Ships and Discharges under Annex II of MARPOL 73/78 (IMO Resolution MEPC 26(23));
.5 Procedures for the Control of Operational Requirements related to the Safety of Ship and Pollution Prevention (IMO Resolution A.742(18));
.6 the provisions of the International Maritime Dangerous Goods Code;
.7 ILO publication Inspection of Labour Conditions on board Ship: Guidelines for procedures;
.8 The procedures laid down in this Annex to the Memorandum.
1.2 Principles governing rectification of deficiencies or detention of a ship
In taking a decision concerning the rectification of a deficiency or detention of a ship, the surveyor or Authority, as appropriate, will take into consideration the results of the detailed inspection carried out in accordance with section 3 of the Memorandum.
The surveyor will exercise his professional judgement in determining whether the ship should be considered for detention until the deficiencies are corrected, or to allow it to sail with certain deficiencies without unreasonable danger to either the safety or health of those on board or to the environment, having regard to the particular circumstances of the intended voyage. As regards minimum manning standards and the provisions of ILO Convention No. 147, special procedures will be observed as set out in sections 3 and 4 of this Annex.
1.3 Application of the clause of ‘no more favourable treatment’
In applying paragraph 2.5 of the Memorandum the following will be observed:
Ships entitled to fly the flag of a non-party to a relevant instrument listed in section 2 of the Memorandum and thus not provided with either certificates or a statement of compliance satisfactory to the Authority representing prima facie evidence of satisfactory conditions on board, will 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 conditions of and on such a ship and its equipment and the certification of the crew, its number and composition will be compatible with the aims of the provisions of a relevant instrument; otherwise the ship will be subject to such restrictions as are necessary to obtain a comparable level of safety.
*Section 2 The safety of the ships as related to SOLAS 74/78, LOAD LINES 66, COLREGS 72 and MARPOL 73/78
2.1 More detailed inspection
In so far as the clear grounds for a more detailed inspection relating to the provisions of the SOLAS 78 Convention, the 78 Protocol thereto, the Load Lines Convention, the Convention on Collision Regulations and MARPOL 73/78 the surveyor when carrying out this inspection will take into account the considerations given in the Procedures for the Control of Ships (IMO Res. A.466(XII)), as amended, the ‘Procedures for the Control of Ships and Discharges under Annex I of MARPOL 73/78’ (IMO Res. A. 542(13)), the Procedures for the Control of Ships and Discharges under Annex II of MARPOL 73/78’ (IMO Res. MEPC 26(23)), the provisions of the International Maritime Dangerous Goods Code and the provisions of section 4 of this Annex with regard to living and working conditions on board ships.
*Section 3 Minimum manning standards and certification
The guiding principle for port State inspection of the manning of a foreign ship should be to establish conformity with the flag administration’s safe manning requirements. Where this is in doubt the flag administration should be consulted. Such safe manning requirements stem from:
.1 the International Convention for the Safety of Life at Sea (SOLAS) 1974;
.2 the Merchant Shipping (Minimum Standards) Convention 1976 (ILO Convention No. 147) which inter alia refers to the ILO Convention No. 53 Article 3 and 4;
.3 the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978;
.4 the Contents of Minimum Safe Manning Document (IMO Resolution A.481(XII), Annex 1);
.5 the Guidelines for the Application of Principles of Safe Manning (IMO Resolution A.481 (XII), Annex 2).
Detention as port State action will only be taken on the grounds laid down in the relevant instruments and used in conjunction with advice from the flag administration. 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 may be the only resort.
3.2 Manning control
3.2.1 If a ship is manned in accordance with a safe manning document or equivalent document issued by the flag administration, the surveyor or Authority, as appropriate, will 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 in 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 of this Annex.
3.2.2 If the actual crew number or composition does not conform to the manning document, the Authority should request the flag administration for advice 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 administration should be confirmed by facsimile and should be received in reasonable time before the expected departure time of the ship. If the actual crew number and composition is not brought into accordance with the safe manning document or the flag administration does not advise that the ship could sail within the time required, the ship may be considered for detention after the criteria set out in paragraph 3.4 of this Annex have been taken into proper account.
3.2.3 If the ship does not carry a safe manning document or equivalent, the Authority should request the flag administration to specify the required number of crew and its composition and to issue a document as quickly as possible.
In case the actual number or composition of the crew does not conform to the specifications received from the flag administration, the procedure as contained in paragraph 3.2.2 of this Annex applies.
If the flag administration 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 of this Annex. The ship will only be allowed to proceed if it is safe to do so, taking into account the criteria for detention under paragraph 3.4 of this Annex. In any such case the minimum standards to be applied will be no more stringent than those applied to its own ships.
The lack of a safe manning document will be reported as a deficiency.
3.3 Certification control
3.3.1 General certification control upon ships should be carried out in accordance with the procedures stipulated in Article X and in Regulation I/4 of the STCW Convention.
3.3.2 Certification control upon ships engaged in the carriage of liquid hazardous 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 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, reference is made to Chapter V of the STCW Convention, to Resolutions 10, 11 and 12 adopted by the International Conference on Training and Certification of Seafarers 1978, to the relevant sections of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Code for the Construction and Equipment of Ships Carrying Liquified Gases in Bulk.
Before detaining a ship under paragraph 3.2 or 3.3 of this Annex, the following circumstances should be considered:
.1 length and nature of the intended voyage or service;
.2 whether or not the deficiency poses a danger to ship, persons on board or the environment;
.3 whether or not appropriate rest periods of the crew can be observed;
.4 size and type of ship and equipment provided;
.5 nature of 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 administration.
*Section 4 Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)
4.1 Inspections on board ships under the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147) shall relate to:
.1 the Minimum Age Convention, 1973 (No.138); or
the Minimum Age (Sea) Convention (Revised), 1936 (No58); or
the Minimum Age (Sea) Convention, 1920 (No. 7);
.2 the Medical Examination (Seafarers) Convention, 1946 (No. 73);
.3 the Prevention of Accidents (Seafarers) Convention, 1970 (No.134) (Articles 4 and 7);
.4 the Accommodation of Crews Convention (Revised), 1949 (No. 92) except for structural and facilities modifications;
.5 the Food and Catering (Ships Crews) Convention, 1946 (No. 68) (Article 5);
.6 the Officers Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4).
Inspection regarding certificates of competency is dealt with in section 3 of this Annex. In the exercise of control functions the surveyor, in the light of his general impression of the ship, will have to use his professional judgement to decide whether the ship shall received a more detailed inspection. All complaints regarding conditions on board should be investigated thoroughly and action taken as deemed necessary by the circumstances. He will also use professional judgement to determine whether the conditions on board give rise to a hazard to the safety or health of the crew which necessitates the rectification of conditions, and may if necessary detain or recommend detention of the ship until appropriate corrective action is taken.
4.2 In so far as there are clear grounds for a more detailed inspection relating to the provisions of ILO Convention No. 147, the surveyor when carrying out an inspection shall take into account the previous paragraph in this section and the considerations given in the ILO publication “Inspection of Labour Conditions on board Ship: Guidelines for procedure”.
4.3 The conventions relevant in the framework of the provision of paragraph 4.4 of this Annex are:
.1 the Seamen’s Articles of Agreement Convention, 1926 (No. 22);
.2 the Repatriation of Seamen Convention, 1926 (No 23);
.3 the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55); or
the Sickness Insurance (Sea) Convention, 1936 (No. 56); or
the Medical Care and Sickness Benefits Convention, 1969 (No. 130);
.4 the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87);
.5 the Right to Organise and Collective Bargaining Convention, 1949 (No. 98);
.6 the Accommodation of Crews Convention (Revised), 1949 (No. 92) for structural and facilities modifications.
4.4 If the surveyor receives a complaint to the effect that the standards laid down in the conventions listed in paragraph 4.3 of this Annex are not met, the matter should be reported, as appropriate, to the nearest maritime, consular or diplomatic representation of the flag administration for further action. If deemed necessary, the appropriate Authority may prepare a report to the flag administration, if possible with evidence, with a copy to the ILO.
4.5 Those parts of the ILO publication, Inspection of Labour Conditions on board Ship; Guide-lines for procedure, which deal with:
.1 control procedures for its own ships;
.2 vocational training;
.3 officers’ certificates of competency;
.4 hours of work and manning;
should not be considered as relevant provisions for the inspection of ships but as information to surveyors only.
*Section 5 Ships under convention size
5.1 To the extent a relevant instrument is not applicable, the surveyor’s task will be to assess whether the ship is of an acceptable standard in regard to safety, health or the environment. In making that assessment the surveyor will take due account of such factors 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.
5.2 In the exercise of his functions under paragraph 5.1 of this Annex the surveyor should be guided by any certificates and other
documents issued by the flag administration. The surveyor will, in the light of such certificates and documents and in his general impression of the ship, use his professional judgment in deciding whether and in what respects the ship shall receive a more detailed inspection, taking into account the factors mentioned in paragraph 5.1 of this Annex. When carrying out a more detailed inspection the surveyor will, to the extent he deems necessary, pay attention to the items listed in paragraph 5.2 of this Annex. The list is not considered exhaustive but is intended to give an exemplification of relevant items.
5.3 Items of general importance
5.3.1 Items related to the conditions of assignment of load lines:
.1 weathertight (or watertight as the case may be) integrity of exposed decks;
.2 hatches and closing appliances;
.3 weathertight closures to openings in superstructures;
.4 freeing arrangements;
.5 side outlets;
.6 ventilators and air pipes;
.7 stability information.
5.3.2 Other items related to the safety of life at sea:
.1 life saving appliances;
.2 fire fighting appliances;
.3 general structural conditions (i.e., hall, deck, hatch covers, etc.);
.4 main machinery and electrical installations;
.5 navigational equipment including radio installations.
5.3.3 Items related to the prevention of pollution from ships;
.1 means for the control of discharge of oil and oil mixtures e.g. oily water separating or filtering equipment or other equivalent means (tanks(s) for retaining oil, oily mixtures, oil residues);
.2 means for the disposal of oil, oily mixtures or oil residues;
.3 presence of oil in the engine room bilges.
5.4 In the case of deficiencies which are considered hazardous to safety, health or the environment the surveyor or Authority, as appropriate, will take such action, which may include detention as may be necessary, having regard to the factors mentioned in paragraph 5.1 of this Annex 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, health or the environment.
EXCHANGE OF MESSAGES BY AUTHORITIES IN THE REGION IN ACCORDANCE WITH PARAGRAPH 3.8 OF THE MEMORANDUM
1 In the case of deficiencies not fully rectified or only provisionally repaired, a message will be sent to the Authority of the ship’s next port of call.
1.1 The exchange of messages, as in paragraph 1 above, will take effect through the use of the communication facilities incorporated in the information system as described in Annex 4 and/or by facsimile on the form contained in this Annex.
1.2 Each message as in paragraph 1 above, will contain the following information:
* from (country or region);
* to (country or region);
* a statement reading: deficiencies to be rectified;
* name of ship;
* IMO identification number (if available);
* type of ship;
* flag of ship;
* call sign;
* gross tonnage;
* year of build;
* issuing authority of relevant certificate(s)
* date of departure;
* estimated place and time of arrival;
* nature of deficiencies;
* action taken;
* suggested action;
* suggested action at next port of call;
* name and facsimile number of sender.
Form Annex 2
REPORT OF DEFICIENCIES NOT FULLY RECTIFIED
OR ONLY PROVISIONALLY REPAIRED
IN ACCORDANCE WITH ANNEX 2 OF THE MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE ASIA-PACIFIC REGION
(Copy to maritime authority of next port of call, flag administration or other certifying authority as appropriate as required by paragraph 3.8 of the Memorandum and to the PSC Secretariat)
(See Chapter 2 of the Manual for Surveyors for maritime authority addresses)
1. From country/region: 2. Port:
3. To country/region: 4. Port:
5. Name of ship: 6. Date departed:
7. Estimated place and time of arrival:
8. IMO number: 9. Flag of ship & POR
10. Type of ship: 11. Call sign:
12. Gross tonnage: 13. Year of build:
14. Issuing authority or relevant certificates:
15. Nature of deficiencies to be rectified: 16. Suggested action
(including action at next port of call):
17. Action taken:
Reporting Authority: Office:
duly authorized surveyor of reporting authority.
REPORT OF INSPECTION IN ACCORDANCE WITH THE
MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL
IN THE ASIA-PACIFIC REGION*)
(reporting authority) Copy head office
(address) (surveyor’s copy)
(telephone) (master’s copy)
(facsimile) (IMO copy)
(telegram) (flag administration copy)
1. name of issuing authority:
2. name of ship: 3. flag of ship:
4. type of ship:
5. call sign: 6. IMO number:
7. gross tonnage: 8. year of build:
9. date of inspection: 10. place of inspection:
11. relevant instruments and requirements:
a) relevant certificate b) issuing authority c) state of issue/expiry
a) the information below concerning the last survey shall be provided if the next survey is due or overdue
date surveying authority place
12. deficiencies o no o yes (see attached FORM B) o SOLAS o MARPOL
13. ship detained o no o yes
14. supporting documentation o no o yes (see annex)
district office name
duly authorized surveyor of (issuing authority)
REPORT OF INSPECTION IN ACCORDANCE WITH THE MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE ASIA-PACIFIC REGION
(reporting authority) Copy head office
(address) (surveyor’s copy)
(telephone) (master’s copy)
(facsimile) (IMO copy)
(telegram) (flag administration copy)
1. name of issuing authority:
2. name of ship: 5. call sign
9. date of inspection: 10. place of inspection:
15. nature of deficiency Convention referencesi 16. action takenii
55 flag administration/maritime authority consulted
60 region authority informed
70 classification society informed
80 temporary substitution of equipment
85 investigation of contravention of discharge provisions (MARPOL)
99 other (specify in clear text)
INFORMATION SYSTEM ON INSPECTIONS
1. To assist Authorities in their selection of foreign flag ships to be inspected in their ports it is necessary to have, at the disposal of the Authorities, up to date information on inspections of the individual foreign merchant ships in other regional ports.
2. For that purpose each Authority undertakes to provide the Canadian Coast Guard, Ottawa by means of computerized data transmission, information on foreign ships inspected in its ports, basing the report on the information set out in Annex 3 to the Memorandum. The inspection information should be submitted by direct computerized input, preferably on a daily basis.
3. For the purpose of exchanging rapid information, the information system shall embrace a communication facility which will allow for direct communication between the individual Authorities that are participating in the Memorandum. Notification of deficiencies and default subsequent remedial action that is covered in section 3.8 of the Memorandum and operational violations as covered by section 4.3 shall be by means of the above system.
4. In the interest of harmonized inspection procedures the submission of inspection information covered in paragraphs 2 and 3 should be in accordance with the procedures set out in the guide for users of the information systems provided by the Canadian Coast Guard and approved by the Committee.
5. The Canadian Coast Guard will provide to the Secretariat such information from the system including statistic [???] required to assist the Committee in the management of regional co-operation on Port State Control in the Asia-Pacific region.
6. The information system indicated in the foregoing paragraphs will be implemented as long as the Memorandum is in effect. The system will be monitored on a ongoing basis and upgraded where and when required with the approval of the Committee.