Black Sea Memorandum Of Understanding On Port State Control

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Memorandum Of Understanding On Port State Control In The Black Sea Region

Source:

The Maritime Authorities (Maritime Authorities are the national maritime administrations designated for the implementation of this Memorandum (see Annex 1)) of

The Republic of Bulgaria

Georgia

Romania

The Russian Federation

The Republic of Turkey and

Ukraine

Hereinafter referred as to "The Authorities"

Recognizing the need to increase maritime safety and the protection of the marine environment and the importance of improving living and working conditions on board ships;

Recalling the Strategic Action Plan for the Rehabilitation and Protection of the Black Sea, in particular paragraph 38;

Noting with appreciation the progress achieved in these fields, in particular by the International Maritime Organization (IMO) and the International Labour Organisation (ILO);

Mindful that the principal responsibility for the effective application of the standards laid down in international instruments rests upon the authorities of the State 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 co-operation and the exchange of information;

Have reached the following understanding:

Section 1 Commitments

1.1 Each Authority will give effect to the provisions of the present Memorandum and the Annexes thereto which constitute an integral part of the Memorandum, and take all necessary steps to ratify instruments relevant for the purposes of this Memorandum.

1.2 Each Authority will establish and maintain an effective system of port State control with a view to ensure that, without discrimination as to flag, foreign merchant ships calling at the ports of its State comply with the standards laid down in the relevant instruments defined in section 2.

1.3 Each Authority will achieve, within a period of 3 years from the coming into effect of the Memorandum an annual total of inspections corresponding to, at least, 15% of the number of individual foreign merchant ships, hereinafter referred to as "ships", which entered the ports of its State during a recent representative period of 12 months. The Committee established pursuant to section 7.1 will monitor the overall inspection activity and its effectiveness throughout the region. The Committee will also adjust the target inspection rate based on experience gained and progress made in the implementation of the Memorandum of Understanding.

1.4 Each Authority will consult, co-operate and exchange information with the other authorities in order to further the aims of the Memorandum. 1.5 Section 2 Relevant Instruments

2.1 For the purposes of the Memorandum "relevant instruments" are, together with the Protocols and amendments to these instruments and related codes of mandatory status in force, the following instruments:

.1 The International Convention on Load Lines, 1966 (Load Lines 66);

.2 The International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);

.3 The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78);

.4 The International Convention on Standards of Training Certification and Watchkeeping for Seafarers, 1978 (STCW 78);

.5 The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72);

.6 The International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 69);

.7 the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).

2.2 With respect to the Merchant Shipping (Minimum Standards), ILO Convention, 1976 (No. 147), each Authority will apply the instructions in Annex 2 for the application of the ILO publication "Inspection of Labour Conditions on board Ship: Guidelines for procedure".

2.3 Each Authority will apply those relevant instruments which are in force and to which its State is a Party. In case of amendments to a relevant instrument, each 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 the "relevant instrument" for that Authority.

2.4 When inspecting a ship flying the flag of a State not party to a Convention or a "relevant instrument" as amended for the purposes of port State control, the Authorities which are party to such Convention or "relevant instrument" as amended shall ensure that the treatment given to such ship and its crew is not more favourable than that given to ships flying the flag of a State which is party to that Convention or "relevant instrument".

2.5 In the case of ships below 500 gross tonnage, the Authorities will apply those requirements of the relevant instruments which are applicable and will to the extent that a relevant instrument does not apply take such action as may be necessary to ensure that those ships are not clearly hazardous to safety, health or the environment, having regard, in particular to Annex 3.

Section 3 Inspection Procedures, Rectification and Detention

3.1.1 In implementing the Memorandum, the Authorities will carry out inspections which will consist of a visit on board a ship in order to check the validity of the certificates and other documents relevant for the purposes of the Memorandum as well as the condition of the ship, its equipment and crew, as well as the living and working conditions of the crew.

3.1.2 The Authority shall ensure that the Port State Control Officer (PSCO) shall, as a minimum, check the certificates and documents referred to in Annex 2 and 3, to the extent applicable and satisfy himself on the overall condition of the ship including the engine room and the accommodation and the hygienic conditions.

3.2.1 Whenever there are clear grounds for believing that the condition of a ship or of its equipment or crew does not substantially meet the requirements of a relevant instrument a more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements.

3.2.2 Clear grounds exist when the PSCO finds evidence, which in his professional judgement warrants a more detailed inspection of the ship, its equipment or crew. The Authorities will regard as clear grounds, inter alia, those set out in Annex 4.

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.

3.2.4 The relevant procedures and guidelines for control of ships specified in Annex 2 and 3 shall also be applied.

3.3 In selecting ships for inspection, the Authorities shall give priority to the ships referred to in section 6 of Annex 2.

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. This procedure is not applicable to ships listed under 3.3. which may be inspected whenever the Authority deems appropriate. The six-months period does not preclude an inspection to be carried out as often as the Authority considers.

3.5.1 Inspections will be carried out only by persons, duly authorized by the Authority to carry out port State inspections and responsible to that authority, who will fulfil the requirements of paragraph 3.5.3 and the qualification criteria specified in Annex 5.

3.5.2 The PSCO carrying out Port State control may be assisted by a person with the required expertise when such expertise cannot be provided by the Authority.

3.5.3 The PSCO carrying out port State control and the person assisting him shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall PSCO be employed by or undertake work on behalf of non-governmental organizations which issue statutory and classification certificates or which carry out the surveys necessary for the issue of those certificates to ships.

3.5.4 Each PSCO shall carry a personal document in the form of an identity card issued by his Authority indicating that the inspector is authorized to carry out inspections. A common model for such an identity card is attached at Annex 6.

3.6.1 On completion of an inspection the master of the ship shall be provided by the PSCO with a document in the form specified in Annex 7 to this Memorandum of Understanding, giving the results of the inspection and the details of any decision taken by the PSCO and of the corrective action to be taken by the master, owner or operator.

3.6.2 The Authority shall be satisfied that any deficiencies confirmed or revealed by the inspection are rectified.

3.6.3 In the case of deficiencies, which are clearly hazardous to safety, health or the environment the Authority will detain the ship or will stop the operation in the course of which the deficiencies have been revealed. The detention order or the stoppage of the operation shall not be lifted until the hazard is removed, except under the conditions provided for in 3.8.1 below.

3.6.4 When exercising his professional judgement as to whether or not a ship should be detained, the PSCO shall be guided by the criteria set out in Annex 2 and 3.

3.7 In the event that a ship is detained the Authority shall immediately inform in writing the administration of the State whose flag the ship is entitled to fly and the consul or, in his absence, its nearest diplomatic representative of the action taken. Where relevant, the organization responsible for the issue of the certificates shall also be informed.

3.8.1 Where deficiencies referred to in 3.6.3 cannot be rectified in the port of inspection, the Authority may allow the ship to proceed to another port, or the nearest repair yard subject to any appropriate conditions determined by that Authority with a view to ensuring that the ship can so proceed without risk to safety, health or the environment. In such circumstances the Authority will notify the competent Authority of the region State where the next port of call or the repair yard is situated, the parties mentioned in 3.7 and any other Authority as appropriate. Notification to Authorities will be made in accordance with Annex 8. The Authority receiving such notification will inform the notifying Authority of action taken.

3.8.2 The Authorities will take measures to ensure that ships referred to in 3.8.1, which either proceed to sea without complying with the conditions determined by the Authority which detained the ship, or which do not call into the agreed port or yard to undertake repairs, shall be refused access to any port within the region covered by this Memorandum until the owner or operator and the flag State has provided evidence to the satisfaction of the authority of the State where the ship was found sub-standard that the ship complies with all applicable requirements of the relevant instrument. In the latter case, the receiving authority will notify all other authorities of such compliance.

3.8.3 In the exceptional event of "force majeure", access to a specific port may be permitted to minimize the risk of life or of pollution.

3.9 The provisions of section 3.7 and 3.8 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.

3.10 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 right created by provisions of relevant instruments relating to compensation for undue detention or delay.

3.11 In case the master, owner or agent of the ship notifies the port State control authorities prior to or immediately upon arrival of the vessel at the port, of any damage, breakdown or deficiency to the ship, its machinery or equipment, which is intended to be repaired or rectified before the ship sails from that port, detention should be recorded only if deficiencies justifying detention are found after the master has given notification that the ship was ready for inspection. The same procedure applies when the port State control authorities are notified that the ship is scheduled to be surveyed at the port with respect to flag, statutory or class requirements.

3.12 The owner or the operator of a ship will have the right of appeal against a detention decision to higher administrative Authority or to the court of competent jurisdiction, according to the law in each country. However, an appeal shall not cause the detention to be suspended.

3.13 Should an inspection reveal deficiencies warranting detention of a ship all costs relating to follow up inspections shall be covered by the shipowner or the operator. The detention shall not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.

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 Annex 9.

4.2 The Authorities will supply the following information to the Memorandum Secretariat established pursuant to Section 7:

(a) number of Port State Control Officers working on their behalf on port State inspections. Where PSCOs work on a part-time basis, the total is corrected into a number of full-time employed PSCOs. (b) (c) number of individual foreign ships entering their ports in a representative year prior to the entering into force of the Memorandum. (d) This information will be updated at least every three years.

4.3 The Black Sea Information System (BSIS) is established in Novorossiysk, the Russian Federation for the purpose of exchanging information on port State inspections, in order to:

.1 make available to Authorities information on inspection of ships in other regional ports to assist them in their selection of foreign flag ships to be inspected and in the exercise of port State control on selected ships; and

.2 provide effective information exchange facilities regarding port State control in the region.

The functions and operational procedures of BSIS are specified in Annex 9.

4.4 The Black Sea Information System shall provide for information exchange with the information system of the other regional agreements 4.5 Section 5 Operational Violations

The authorities will upon the request of another Authority endeavour to secure evidence 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 ships of such a violation in order to obtain information and, where appropriate, to take a sample of any alleged pollutant. In cases referred to in this section the requesting Authority should state that the flag State of the ship has already been notified of the alleged violation.

Section 6 Training Programmes and Seminars

The Authorities will endeavour to establish appropriate training programmes and seminars.

Section 7 Organization

7.1 A Committee composed of a representative of each of the Authorities that are party to the Memorandum will be established. A representative of the International Maritime Organization and of the International Labour Organisation will be invited to participate without vote in the work of the Committee. Representatives of any other Organization or Authority, which the Committee may deem appropriate, may be accorded the status of observer without vote.

7.2 The Committee will meet once a year and at such other times as it may decide.

7.3 The Committee will:

.1 carry out the specific tasks assigned to it under the Memorandum;

.2 promote by all means necessary, including seminars for surveyors, the harmonization of procedures and practices relating to the inspection, rectification, detention and the application of section 2.4;

.3 develop and review guidelines for carrying out inspections under the Memorandum;

.4 develop and review procedures, including those related to the exchange of information;

.5 keep under review other matters relating to the operation and the effectiveness of the Memorandum;

.6 promote by all means necessary the harmonization of the operation and effectiveness of this Memorandum with those of similar agreements for other Regions;

.7 adopt the budget and establish the contributions of every Party to the Memorandum in accordance with adopted procedure; and

.8 establish, if necessary, working groups.

7.4 The Committee will take its decisions acting on a two-thirds majority.

7.5 A Secretariat will be established in accordance with the following principles:

.1 the Secretariat is a non-profit making body located in Istanbul, Turkey;

.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;

.5 the Secretariat will operate from the established bank account in accordance with the budget determined by the Committee.

7.6 The Secretariat, acting under the guidance of the Committee in accordance with the Terms of reference defined in Annex 11 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 prepare reports as may be necessary for the purposes of Memorandum;

.3 carry out such other work as may be necessary to ensure the effective operation of the Memorandum.

Section 8 Financial Mechanism

The costs for running the Secretariat and the Information Centre are financed by:

- the financial contribution of every Party to the Memorandum; - - if possible, gifts and subventions by donor countries or organizations. - Financial contributions to the costs for running the Secretariat and the Information Centre of Parties to the Memorandum are to be settled in conformity with the decisions and procedures adopted by the Committee.

Section 9 Amendments

9.1 Any Authority, which has accepted the Memorandum, may propose amendments to the Memorandum.

9.2 In the case of proposed amendments to sections of the Memorandum the following Procedure will apply:

(a) the proposed amendment will be submitted through the Secretariat for consideration by the Committee; (b) (c) amendments will be adopted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee. (d) If so adopted, an amendment will be communicated by the Secretariat to the Authorities for acceptance.

9.3 The amendments of section 2.1 are adopted by a two-thirds majority of the representatives of the Authorities present and voting, which are party to the new Convention proposed for inclusion as "relevant instrument".

9.4 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.

9.5 An amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee.

9.6 In the case of proposed amendments to Annexes of the Memorandum the following procedure will apply:

(a) the proposed amendment will be submitted through the Secretariat for consideration by the Authorities; (b) (c) 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 9.2 will apply; (d) (e) 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. (f)

Section 10 Administrative Provisions

10.1 The Memorandum is without prejudice to the rights and obligations under any international agreement.

10.2 The Memorandum remains open for signature at the Headquarters of the Secretariat (located at the Ministry of Maritime Transport at the address listed in Annex 1) from April 7, 2000 till October 7, 2000. Authorities meeting the requirements specified in Annex 10 may become parties to the Memorandum by:

a) signature without any reservations as to acceptance, or b) c) signature subject to acceptance, followed by acceptance. d) 10.3 Acceptance or accession will be effected by a written communication by the Authorities to the Secretariat.

10.4 This Memorandum will enter into force individually for each Authority on the date duly notified to the Secretariat. The Memorandum is deemed as having entered into force on the date of entry into force for the third individual Authority.

10.5 The Secretariat will inform the Authorities who have signed the Memorandum of any signature or written communication, or of accession and of the date, on which such event has taken place.

10.6 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.

10.7 Any Authority may withdraw from the Memorandum by providing the Committee with 60 days notice in writing.

10.8 The official and working language of the Memorandum is the English language. 10.9 Signed at Istanbul, this seventh day of April of the year two thousand, in one original in the English language.

Annex 1

LIST OF MARITIME ADMINISTRATIONS

"MARITIME AUTHORITIES"

Bulgaria

Bulgarian Maritime Administration

Ministry of Transport and Communication

9, V. Levski St.,

1000 Sofia

Bulgaria

Tel.: +359 2 9300910

+359 2 9300930

Fax: + 359 2 9885537

e-mail: ppetrov@mt.government.bg

Georgia

Maritime Administration of the Ministry of Transport of Georgia

4, Shavsheti Street, Batumi, 384517, Georgia

Tel.: +995 222 74925 - Head of GMA

+995 222 73926 - Senior Deputy Head

+995 222 73909 - Legal & Foreign Affairs Division

+995 222 73917 - Safety Division

Fax.: +995 222 73929

e-mail: MAGHEADOF@FSC.GOV.GE

Romania

Inspectorate for Civil Navigation

Berth 0, Port of Constanta

8700 Constanta

Romania

Tel: +40 41 60 22 29

Fax: +40 41 60 19 96

Russian Federation

Russian Maritime Administration

of Ministry of Transport

1/4, Rozhdestvenska st.,

Moscow 103759, Russia

Tel.: +7 095 926 13 11

+7 095 926 12 87

Fax: +7 095 924 12 68

Telex: 411197 MMF RU

e-mail: memorand@pma.ru

Turkey

Prime Ministry-Undersecretariat for Maritime Affairs

GMK Bulvari 128

Maltepe 06100

Ankara, Turkey

Tel: +90 312 232 3859-60

Fax: +90 312 232 4770

e-mail: bbdmmust@isnet.net.tr

Ukraine

Shipping Safety Inspectorate of Ukraine

29, T. Shevchenko Ave.

270058, Odessa, Ukraine

Tel.: +380 482 68 27 84, 42 81 34

Fax: +380 482 42 80 73

Annex 2

GUIDELINES TO BE OBSERVED IN THE

INSPECTION OF FOREIGN SHIPS

Contents

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, LOAD LINES

66, COLREG 72 and MARPOL 73/78

2.1 More detailed inspection. 2.2 Section 3 Minimum manning standards and certification

3.1 Introduction

3.2 Manning control

3.3 Certification control

3.4 Detention

Section 4 Merchant shipping (Minimum Standards) Convention 1976 (ILO

No. 147)

Section 5 The International convention on Tonnage Measurement of Ships,

1969 (TONNAGE 69)

Section 6 Ships for priority inspection

Section 1 General

1.1 Guidelines to be observed in the inspection of foreign ships

The guidelines mentioned in section 3.1.2 of the Memorandum refer to the relevant provisions of the following:

.1 Procedures for Port State Control (IMO resolution A.787(19)), as amended.

.2 Principles of Safe Manning (IMO resolution A.890(XXI)) 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 The provisions of the International Maritime Dangerous Goods Code.

.4 ILO publication "Inspection of Labour Conditions on board Ship:

Guidelines for procedure".

.5 The procedures laid down in the Annexes to the Memorandum.

1.2 Principles governing rectification of deficiencies or detention of a ship

In taking decision concerning the rectification of a deficiency or detention of a ship, the PSCO shall take into consideration the results of the detailed inspection carried out in accordance with section 3 of the Memorandum. The PSCO 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 the safety, health, or 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 the procedures set out in sections 3 and 4 of this Annex shall be observed.

1.3 Application of the clause of "no more favourable treatment"

In applying section 2.4 of the Memorandum the following shall be observed. Ships entitled to fly the flag of a State which is not a party to a relevant instrument listed in section 2 of the Memorandum and thus not provided with certificates representing prima facie evidence of satisfactory conditions on board, shall receive a more detailed inspection. In making such an inspection the PSCO shall 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 shall be compatible with the aims of the provisions of the relevant instrument otherwise the ship shall be subject to such restrictions as are necessary to obtain a comparable level of safety.

Section 2 The safety of the ship as related to SOLAS 74, LOAD LINES 66, COLREG 72 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 SOLAS 74, the Protocol thereto, Load Lines 66, COLREG 72 and MARPOL 73/78, the PSCO when carrying out this inspection shall take into account the considerations given in "Procedures for Port State Control" (IMO resolution A.787 (19), as amended, 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

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:

* the International Convention for the Safety of Life at Sea (SOLAS) 1974;

* the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978, as amended;

* the Merchant Shipping (Minimum Standards) Convention 1976 (ILO Convention No. 147) which inter alia refers to the ILO Convention No. 53 Articles 3 and 4;

* the Contents of Minimum Safe Manning Document (IMO resolution A.890 (XXI), Annex 1))

* the Guidelines for the Application of Principles of Safe Manning (IMO resolution A.890 (XXI), Annex 2));

Detention as port State action shall only be taken on the grounds laid down in the relevant instruments and used in conjunction with advice from the flag State. Where such response is not ready 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 minimum safe manning document or equivalent document issued by the flag State, the PSCO 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 in the IMO Guidelines for the Application of Principles of Safe Manning. In this last case, the PSCO should act according to the procedures defined in paragraph 3.2.3.

3.2.2 If the actual crew number or composition does not conform to the minimum safe manning document, the port State should request the flag State 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 State should be confirmed by telex. If the actual crew number and composition is not brought into accordance with the minimum safe manning document or the flag State does not advise that the ship could sail, 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 minimum 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 actual number or composition of the crew does not conform to the specifications received from the flag State, the procedure as contained in paragraph 3.2.2 applies. 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 any such case the minimum standards to be applied shall be no more stringent than those applied to ships flying the flag of the port State. The lack of a minimum safe manning document shall 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 1/4 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 PSCO should satisfy himself that officers and ratings assigned specific duties and responsibility related to those duties, in connection with cargo and cargo equipment, hold an authorized document certifying qualifications as required by the STCW Convention, chapter V.

From 1 February 2002 such document issued to officers must be appropriate certificates with STCW endorsement by the issuing administration. If the officer is sailing on board a ship of another flag, an endorsement to the certificate from the flag State will additionally be required. The endorsement shall certify compliance with Regulation V/1, paragraph 2, of the STCW Convention as amended in 1995, for master, chief engineer officer, chief mate and second engineer officer. Endorsement to appropriate certificates for other officers must similarly refer to Regulation V/1, paragraph 1.

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.

3.4 Detention - Manning and Certification

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 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, in accordance with the provisions of Article VIII of the STCW 78 Convention, as amended.

Section 4 Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No. 147)

4.1 Inspections on board ships under the Merchant Shipping (Minimum Standards) convention, 1976 (ILO Convention No. 147) shall relate to:

(a) the Minimum Age Convention, 1973 (No. 138); or the Minimum Age (Sea) Convention, (Revised, 1936 (No. 58), or the Minimum Age (Sea) Convention, 1920 (No. 7);

(b) the Medical Examination (Seafarers) Convention, 1946 (No. 73)

(d) the Accommodation of Crew Convention (Revised), 1949 (No. 92);

(e) the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133);

(f) the Food and Catering (Ship's Crews) Convention, 1946 (No. 68) (Article 5);

(g) the Officers' Competency Certificates Convention, 1936 (No. 53) (Article 3 and 4).

Inspection regarding certificates of competency is dealt with in section 3 of this Annex. In the exercise of control functions the PSCO, in the light of his general impression of the ship, will have to use his professional judgement to decide whether the ship shall receive a more detailed inspection. All complaints regarding conditions on board should be investigated thoroughly and action taken as deemed necessary by the circumstances. He should also use his 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 the ship or stop the operation in the course of which the deficiencies have been found 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 PSCO when carrying out an inspection shall take into account the previous paragraph in this Annex 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 provisions of paragraph 4.4. are:

(a) the Seamen's Articles of Agreement convention, 1926 (No. 22);

(b) the Repatriation of Seamen Convention, 1926 (No. 22);

(c) 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);

(d) the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)

(e) the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

4.4 If the PSCO receives a complaint to the effect that the standards laid down in the Conventions listed in paragraph 4.3. are not met, the matter should be reported to the nearest maritime, consular or diplomatic representation of the flag State for further action. If deemed necessary, the appropriate Authority may prepare a report to the flag State, 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: Guidelines for procedure", which deal with:

.1 control procedures for national flag ships;

.2 vocational training

.3 officer's 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 the PSCO only.

Section 5 The International Convention on Tonnage Measurement of Ships, 1969

(Tonnage 69)

5.1 TONNAGE 69 applies to ships of 24 meters in length and above engaged on international voyages. Such ships must be issued with an International Tonnage Certificate, 1969.

5.2 For the purpose of port State control the PSCO should verify that the ship is provided with a valid International Tonnage Certificate,1969.Should a more detailed inspection reveal that the main characteristics of the ship differ from those entered on the International Tonnage Certificate,1969 so as to lead to an increase in the gross tonnage or the net tonnage, the Administration of the flag State control should be informed.

5.3 The gross tonnage should be used as the tonnage parameter throughout the relevant conventions, codes and other documents. However, the PSCO should be aware that "existing" ships may retain their old gross tonnage measured under the national tonnage rules which were in force prior to the coming into force of Tonnage 69 for the purpose of the application to them of relevant requirements under the applicable conventions. For such a ships, the appropriate box in the pertinent Certificate or other officinal documents issued by the Administration may show only the gross tonnage measured under the national tonnage rules which were in effect prior to the coming into force of the International Convention on Tonnage Measurement of Ships, 1969 with the following footnote:

"The above gross tonnage has been measured by the tonnage authorities of the Administration in accordance with the national tonnage rules which were in force prior to the coming into force of the International Convention on Tonnage Measurement, 1969."

Section 6 Ships for priority inspection

6.1 In selecting ships for inspection, the Authorities shall give priority to the following ships:

.1 ships visiting a port of a State, the Authority of which is a signatory of the Memorandum, for the first time or after an absence of 12 months or more;

.2 ships carrying dangerous or polluting goods, which have failed to report all relevant information concerning the ship's particulars, the ship's movements and concerning the dangerous or polluting goods being carried to the competent authority of the port and coastal State;

.3 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;

.4 ships which have been reported by pilots, port authorities, the master, crew members, 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, as having deficiencies which may prejudice their safe navigation;

.5 ships which have been suspended from their class for safety reasons in the course of the preceding six months;

.6 ships which have been the subject of a report or notification by another Authority;

.7 ships which have been:

- involved in a collision, grounding or stranding on their way to the port, - - accused of an alleged violation of the provisions on discharge of harmful substances or effluents, - - manoeuvred in an erratic or unsafe manner whereby routing measures, adopted by the IMO, or safe navigation practices and procedures have not been followed, or - - otherwise operated in such a manner as to cause a danger to persons, property or the environment. -

Annex 3

GUIDELINES FOR THE PORT STATE CONTROL OFFICERS

TO BE OBSERVED IN THE INSPECTION OF SHIPS

BELOW CONVENTION SIZE

Section 1 Ships below convention size

1.1 The following is a guide for the application of section 2.5 of the Memorandum in respect of ships below convention size.

1.2 To the extent a relevant instrument is not applicable to a ship below convention size the PSCO'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 PSCO shall 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.

1.3 In the exercise of the functions under paragraph 1.2, the PSCO should be guided by any certificates and other documents issued by the flag State. The PSCO will, in the light of such certificates and documents and his general impression of the ship, use his professional judgement in deciding whether and in what respects the ship shall received a more detailed inspection, taking into account the factors mentioned in paragraph 1.2. When carrying out a more detailed inspection the PSCO shall, to the extent he deems necessary, pay attention to the items listed in paragraph 1.4. The list is not considered exhaustive but is intended to give an exemplification of relevant items.

1.4 Items of general importance

1.4.1 Items related to the conditions for 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 opening in superstructures;

.4 freeing arrangements;

.5 side outlets;

.6 ventilators and air pipes;

.7 stability information.

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

.1 life-saving appliances;

.2 fire-fighting appliances;

.3 general structural condition (i.e. hull, deck, hatch covers, etc.);

.4 navigational equipment including radio installation.

1.4.3 Items related to the prevention of pollution from ships:

.1 means for the control of discharge of oil and oily mixture, e.g., oily water separating or filtering or other equipment means (tank(s)) for retaining oil, oily mixtures or oil residues;

.2 presence of oil in the engine room bilges;

.3 means for the disposal of oil, oily mixtures or oil residues;

.4 control of unwanted organisms in ballast water.

1.5 In the case of deficiencies which are considered hazardous to safety, health or the environment the PSCO shall take such action, which may include detection as may be necessary, having regard to the factors mentioned in paragraph 1.2, 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, health or the environment.

Annex 4

FACTS REGARDED AS " CLEAR GROUNDS"

1 The Authorities will regard as " clear ground" 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. The identity of the person lodging the report or the complaint must not be revealed to the master or the shipowner of the ship concerned;

.3 other indications which may warrant a more detailed inspection, having regard in particular to Annex 2 and 3.

2 For the purpose of control on compliance with on-board operational requirements, specific "clear grounds" are the following:

.1 evidence of operational shortcomings revealed during port State control procedures in accordance with SOLAS 74, MARPOL 73/78 and STCW 1978;

.2 evidence of cargo and other operations not being conducted safely or in accordance with IMO guidelines.

.3 involvement of the ship in incidence due to failure to comply with operational requirements;

.4 evidence, from the witnessing of a fire or abandon ship drill, that the crew are not familiar with essential procedures;

.5 there has been a discharge of substances from the ship when underway, at anchor or at berth, which is illegal under any international convention.

.6 indications that the relevant crew members are unable to communicate appropriately with each other, or with other persons on board, or that the ship is unable to communicate with the shore-based authorities either in a common language or in the language of those authorities.

Annex 5

QUALIFICATION CRITERIA FOR PORT STATE CONTROL OFFICERS

1. In pursuance of the provisions of section 3.5.1 of the Memorandum, the port State control officer must be properly qualified and authorized be the Authority to carry out port State control inspections.

2. A properly qualified port State control officer must have completed a minimum of one year's service as a flag State surveyor dealing with surveys and certification in accordance with the relevant instruments and be in possession of:

.1 a certificate of competency as master, enabling that person to take command of a seagoing ship of 3,000 tons gross tonnage or more (see STCW, Regulation ??/2), or

.2 a certificate of competency as chief engineer, enabling that person to take up that task on board a seagoing ship whose main power plant has a power equal or superior to 3,000 kW ( see STCW, Regulation ???/2), or

.3 has passed an examination as a naval architect, mechanical engineer or an engineer related to the maritime field and work in that capacity for at least 5 years, or

.4 has equivalent qualifications as determined by the Administration.

The port State control officers mentioned under .1 and .2 above must have served for a period of not less than five years at sea as officer in the deck or engine department.

3. Alternatively, a port State control officer is deemed to be properly qualified if that person:

.1 holds a relevant university degree or an equivalent training, and

.2 has been trained and qualified at a school for ship safety inspectors, and

.3 has served at least 2 years as a flag State control surveyor dealing with surveys and certification in accordance with the relevant instruments.

4. A properly qualified port State control officer must be able to communicate orally and in writing with seafarers in the English language.

5. A properly qualified port State control officer must have appropriate knowledge of the provisions of the relevant instruments and of the relevant procedures on port State control.

6. Port State control officers not fulfilling the above criteria are also accepted if they are employed for port State control by the Authorities three years before the Memorandum enters into force for a particular Authority;

Annex 6

REQUIREMENTS FOR THE IDENTITY CARD FOR PORT STATE CONTROL OFFICERS

The identity card shall contain at least the following information:

(a) name of issuing Authority;

(b) full name of the holder of the identity card;

(d) the signature of the holder of the identity card;

(e) a statement to the effect that the holder of the identity card is authorized to carry out inspections in accordance with the national legislation.

If the main language used on the identity card is not English, it must include a translation into that language.

The format of the identity card is left to the discretion of the competent Authorities.

Annex 7

REPORTS ON INSPECTION

REPORT OF INSPECTION IN ACCORDANCE WITH

THE MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE BLACK SEA REGION

FORM A

(Reporting authority) copy to: Master

(Address) Head office

(Telephone) PSCO

(Telefax)

if ship is detained, copy to: Flag State

IMO

Recognized organization, if applicable

1 Name of reporting authority ……………………………2 Name of ship ………………………………………………………

3 Flag of ship .………………………………..4 Type of ship … ……..………5 Call sign ………………………….….

6 IMO number ………………………………7 Gross tonnage ………………..…...8 Deadweight (where applicable) .……

9 Year of build …………………….…………10 Date of inspection ……..…….…....11 Place of inspection ….……...…..…..

12 Classification society ………………....….….13 Date of release from detention** …………………………………………….

14 Particulars of company** ……………….………………………………………………………………………………..…………

…………………………………………………………………………………………………………...

15 Relevant certificate(s)**

a) Title b) Issuing authority c) Dates of issue and expiry

1 ...................................... .............................................… ……………….……… … …………………………

2 ...................................... ...............................………..… ……………….……… … …………………………

3 ...................................... ...............................………….. ……………….……… … …………………………

4 ...................................... ...............................………….. ……………….……… … …………………………

5 ...................................... ...............................………….. ……………….……… … …………………………

6 ...................................... ...............................………….. ……………….……… … …………………………

7 ...................................... ...............................………….. ……………….……… … …………………………

8 ...................................... ..............................…………… ……………….……… … …………………………

9 ...................................... ...............................………….. ……………….……… … …………………………

10 .................................... ...............................………….. ……………….……… … …………………………

11 .................................... ...............................………….. ……………….……… … …………………………

12 ……………………… ………………………………. ………………………. … …………………………

d) Information on last intermediate or annual survey**

Date Surveying authority Place

1 ...................................... .............................................… ……………….…………..…………………………

2 ...................................... ...............................………..… ……………….……….….…………………………

3 ...................................... ...............................………….. ……………….……….….…………………………

4 ...................................... ...............................………….. ……………….……….….…………………………

5 ...................................... ...............................………….. ……………….……….….…………………………

6 ...................................... ...............................………….. ……………….……….….…………………………

7 ...................................... ...............................………….. ……………….……….….…………………………

8 ...................................... ..............................…………… ……………….……….….…………………………

9 ...................................... ...............................………….. ……………….……….….…………………………

10 .................................... ...............................………….. ……………….……….….…………………………

11 .................................... ...............................………….. ……………….……….….…………………………

12 ………………………. ………………………………. ……………………... … …………………………

16 Deficiencies no yes (see attached FORM B)

17 Ship detained no yes ***

18 Supporting documentation no yes (see annex)

Issuing office ……………………………………………………… Name ……………………………………………………

(duly authorized PSCO of reporting authority)

Telephone …………………………………………………………

Telefax ………………………………………………………… Signature………………………………………………….

This report must be retained on board for a period of two years and must be available for consultation by Port State Control Officers at all times.

___________________________

* This inspection report has been issued solely for the purposes of informing the master and other port States that an inspection by the port State, mentioned in the heading, has taken place. This inspection report cannot be construed as a seaworthiness certificate in excess of the certificate the ship is required to carry.

** To be completed in the event of a detention.

*** Masters, shipowners and/or operators are advised that detailed information on a detention may be subject to future publication.

REPORT OF INSPECTION IN ACCORDANCE WITH

THE MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE BLACK SEA REGION

FORM B

(Reporting authority) copy to: Master

(Address) Head office

(Telephone) PSCO

(Telefax)

if ship is detained, copy to:

Flag State

IMO

Recognized organization, if applicable

2 Name of ship 6 IMO number 3 …………………………………………………… ……………………………….…….…

10 Date of inspection 11 Place of inspection

……………………………………………… ………………………………....

21 Nature of deficiency1) Convention2) 22 Action taken3)

……………………………………………………………. ……………………………. ………………………………….

Name ……………………………………………………

(duly authorized PSCO of reporting authority)

Signature …………………………………………………

__________________________________

1 This inspection was not a full survey and deficiencies listed may not be exhaustive. In the event of a detention, it is recommended that a full survey is carried out and all deficiencies are rectified before an application for re-inspection is made.

2 To be completed in the event of a detention.

3 Action taken includes, e.g. ship detained/released, flag State informed, classification society informed, next port informed.

REPORT OF DEFICIENCIES

NOT FULLY RECTIFIED OR ONLY PROVISIONALLY REPAIRED

In accordance with the provision of paragraph 3.8 of Memorandum of Understanding on Port State Control

in the Black Sea Region

(Copy to maritime Authority of next port of call, flag administration, or other certifying authority

as appropriate)

From (country/region): ........................................….

Port: ................................................................

To (country/region):.............................................…...

Port: .................................................................

Name of ship: .......................................................…..

Date departed: ................................................

Estimated place and time of arrival: ........................................................................................................………..

IMO number: ...................................................……

Flag of ship & POR: .............................….....

10.

Type of ship: ...................................................……..

11.

Call sign: ……………….................................

12.

Gross tonnage: .......................................……...........

13.

Year of build: ………......................................

14.

Issuing authority of relevant certificate(s): ………………...................................................................................

15.

Nature of deficiencies to be rectified:

16.

Suggested action

(including action at next port of call):

………………………………………………………..

17.

Action taken:

…………………………………………………………………………………………………………………….....

……………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………….....

Reporting Authority: ...………..........................................…. Office: ..............................................……………………..

Name: .....................................................................….………. Facsimile: .....................................……………………….

duly authorized PSC officer of (reporting authority)

Signature: ................................………..........................…….. Date: .............................................……………………….

REPORT OF ACTION TAKEN TO THE NOTIFYING AUTHORITY

In accordance with the provisions of the Memorandum of Understanding on Port State Control

in the Black Sea Region

(by facsimile and/or mail)

1. To: (Name) ………………………………………………………………………………………………………….

(Position) ……………………………………………………………………………………………………….

(Authority) ……………………………………………………………………………………………………..

Telephone: ………………………………….. Telefax: ………………………………………..……………

Date: ……………………………………………………………………………………………………………

2. From: (Name) ………………………………………………………………………………………………………….

(Position) ……………………………………………………………………………………………………….

(Authority) ……………………………………………………………………………………………………..

Telephone: ………………………………….. Telefax: ...……………………………………………………

3. Name of ship: …………………………………………………………………………………………………………………… 4. 5. Call sign: ………………………………………………… 5. IMO number: …………………………………………… 6. 6. Port of inspection: ……………………………………………………………………………………………………………… 7. 8. Date of inspection: ……………………………………………………………………………………………………………… 9. 8. Action taken:

(a) Deficiencies (b) Action taken

………………………………………………………….. …………………………………………………………………

9. Next port: ……………………………………………… (Date) …………………………………………………………

10. Supporting documentation No Yes (See attached)

Signature ……………………………………………….

REPORT OF CONTRAVENTION OF MARPOL 73/78 (article 6)

In accordance with the provision of the Memorandum of Understanding on Port State Control

in the Black Sea Region

(Issuing authority) Copy to: Master

(Address)

(Telephone)

(Telefax)

1 Reporting country..........................................................................................................................................................……

2 Name of ship............................................. 3 Flag of ship...........................................................................................…….

4 Type of ship..................................................................................................................................................................…......

5 Call sign..................................................... 6 IMO number......................................................................................…...…

7 Gross tonnage........................................... 8 Deadweight (where appropriate).....................................................….......

9 Year of build............................................ 10 Classification society..........................................................................…......

11 Date of incident...................................... ..12 Place of incident......................................................................................….

13 Date of investigation....................................................................................................................................................……..

14 In case of a contravention of discharge provisions, a report may be completed in addition to the port State report on deficiencies. This report should be in accordance with parts 2 and 3 of appendix 2 and/or parts 2 and 3 of appendix 3, as applicable, and should be supplemented by documents, such as:

.1 a statement by the observer of the pollution;

.2 the appropriate information listed under section 1 of part 3 of appendices 2 and 3 of the Procedures, The statement should include considerations which lead the observer to conclude that none of any other possible pollution sources is in fact the source;

.3 statements concerning the sampling procedures both of the slick and on board. These should include location of and time when samples were taken, identity of person(s) taking the samples and receipts identifying the persons having custody and receiving transfer of the samples;

.4 reports of analyses of samples taken of the slick and on board; the reports should include the results of the analyses, a description of the method employed, reference to or copies of scientific documentation attesting to the accuracy and validity of the method employed and names of persons performing the analyses and their experience;

.5 if applicable, a statement by the PSCO on board, together with the PSCO's rank and organization;

.6 statements by persons being questioned;

.7 statements by witnesses;

.8 photographs of the slick;

.9 copies of relevant pages of Oil/Cargo Record Books, log books, discharge recordings, etc.

Name and Title (duly authorized contravention investigating official)

.......................................................................................................................

Signature

Annex 8

EXCHANGE OF MESSAGES BY REGION AUTHORITIES IN ACCORDANCE WITH SECTION 3.8 0F THE MEMORANDUM

1. In the case of deficiencies not fully rectified or only provisionally repaired, a message shall be sent to the competent Authority of the region State where the next port of call of the ship is situated.

2. The exchange of messages, as in paragraph 1 above, shall take effect through the use of the communication facilities incorporated in the information system as described in Annex 9 and/or by facsimile on the form contained in the Appendix to that Annex.

3. Each message as in paragraph 1 above, shall contain the following information:

.1 date;

.2 from (country);

.3 port;

.4 to (country);

.5 port;

.6 a statement reading: deficiencies to be rectified;

.7 name of ship;

.8 IMO identification number;

.9 type of ship;

.10 flag of ship;

.11 call sign;

.12 gross tonnage;

.13 year of build;

.14 issuing Authority of relevant certificate(s);

.15 date of departure;

.16 estimated place and time of arrival;

.17 nature of deficiencies;

.18 action taken;

.19 suggested action at next port of call;

.20 name of facsimile sender and number;

.21 e-mail address.

Annex 9

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 disposal of Authorities up to date information of inspection of an individual foreign flag ship in one of the other regional ports within the preceding six months.

2. For that purpose the Authorities undertake to provide an Information Centre, established in accordance with Section 4.3 of the Memorandum, preferably by means of computerized data transmission, with information on ships inspected in the national ports, basing themselves on the information set out in Annex 7 to the Memorandum. The insertion of information into the inspection files should preferably be realized by means of direct, computerized input on a daily basis.

3. For the purpose of exchanging rapid information, the information system shall embrace a communication facility which allows for a direct, computerized exchange of messages between individual Authorities, including the notifications as referred to in section 3.8 of the Memorandum and the exchange of information on operational violations as referred to in section 5 of the Memorandum.

4. The information as in paragraph 2 and 3 above shall be handled in a standardized form and in accordance with the standardized format as set out in the guide for users of the information system provided by the Information Centre.

5. The Information Centre will organize the processing of information as in paragraph 2 above so as to ensure that inspection data are easily accessible both for purposes of consultation and updating in accordance with procedures as set out in the guide for users of the information system provided by the Information Centre.

6. The telex or facsimile shall continue to be an alternative system of exchanging information to which a standardized form applies as set out in the Appendix to this Annex.

7. Information for administrative purposes, such as statistical information, will be provided by the Secretariat under the guidance of the Committee. This will be based on data provided by the Information Centre.

8. The information system indicated in the foregoing paragraphs will be implemented as long as the Memorandum takes effect. Studies to monitor and, where necessary, to improve the quality of the system will be carried out on a continuous basis.

9. Whenever deficiencies are found which lead to the delay or detention of a ship, the port State control authority will send a copy of the report, as referred to in Annex 7 to the Memorandum, to the flag Administration concerned;

10. With consent of the Authorities, the Information Centre will, on behalf of those Authorities, submit detention reports to the International Maritime Organization in accordance with Regulation I/19 of SOLAS 74, Article 11 of MARPOL 73/78, Article 21 of Load Line 66 and Article X of STCW 78, and to the International Labour Organization in accordance with Article 4 of ILO No.147.

Appendix to Annex 9

TELEX OR FACSIMILE FORM TO REPORT ON INSPECTION

Report of inspection

1. name of issuing country

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 ( format:dd-mm-yy)

10. Place of inspection

11. Relevant certificates [To be repeated for each relevant certificate]

a) title of certificate

b) issuing authority

c) date of issue and expiry ( format:dd-mm-yy/dd-mm-yy)

d) last intermediate survery ( format:dd-mm-yy/authority/place)

12. deficiencies (yes/no)

13. ship delayed/detained (yes/no)

14. nature of deficiencies [Including reference to the relevant Convention if shown on the document left on board] (format:def:def:def:)

15. action taken[May alternatively be added to the particulars under 14 (nature of deficiencies) if the action taken has direct relation to the corresponding deficiency. Deficiency and action(s) taken must be separated by a slant (/) (format:15 def/at/at;def/at/at).] (format:def:def:def:)

Annex 10

QUALITATIVE CRITERIA FOR ADHERENCE TO THE BLACK SEA MEMORANDUM

Qualitative criteria

The Maritime Authority of the State may adhere as a full member, provided that all of the following qualitative criteria have been met:

.1 Such Maritime Authority shall explicitly subscribe to the commitments under the Memorandum with a view to contributing to the common endeavour to eliminate the operation of substandard ships;

.2 Such Maritime Authority shall take all necessary measures to encourage the ratification of all relevant instruments in force. Port State control shall not be applied by such Maritime Authority to those instruments not yet ratified by the State;

.3 Such Maritime Authority shall have sufficient capacity, logistically and substantially to appropriately enforce compliance with international maritime standards, regarding maritime safety, pollution prevention and living and working conditions on board with regard to ships entitled to fly its flag, which should include the employment of properly qualified surveyors, acting under the responsibility of its Administration, to be demonstrated to the satisfaction of the Committee referred to in 7.1 of the Memorandum;

.4 Such Maritime Authority shall have sufficient capacity, logistically and substantially, to comply in full with all provisions and activities specified in the Memorandum in order to enhance its commitments, which shall include employment of properly qualified port State control officers acting under the responsibility of its administration, to be demonstrated to the satisfaction of the Committee referred to in 7.1. of the Memorandum;

.5 Such Maritime Authority shall, as of its effective date of membership, establish a connection referred to in Annex 9 to the Information System, referred to in Section 4.3 of the Memorandum;

.6 Such Maritime Authority shall sign a financial agreement for paying its share of the operating costs of the Memorandum and shall, as of its effective date pay its financial contribution to the budget as approved by the Committee referred to in 7.1. of the Memorandum.

Assessment of compliance with the above conditions shall only be valid for each individual case and shall not create a precedent for any future cases, neither for the Authorities present under the Memorandum nor for the potential new signatories.

Annex 11

TERMS OF REFERENCE OF THE SECRETARIAT

On the basis of the tasks defined in Section 7.6 of the Memorandum, an indication is given below of the Services the Secretariat could provide for. The listed items only serve an illustrative purpose. Decisions on the tasks of the Secretariat will have to be taken by the Committee as meant in Section 7.3 of the Memorandum.

1 prepare papers for the meetings of the Committee;

2 present any advice of the Committee to the Ministers responsible for maritime safety;

3 circulate papers among the members of the Committee, IMO and ILO and any other body or institution, as deemed necessary;

4 organize the meetings of the Committee;

5 present statistical information on deficiencies found, as well as analyses of the nature of the deficiencies;

6 present statistical information on the inspections by Authorities;

7 circulate information on developments on port State control in international bodies, such as IMO, ILO or any other body or institutions, as deemed necessary;

8 supervise the computerized information system;

9 make proposals and execute decisions from the Committee in respect of further developments in the information system;

10 supply information on the Memorandum to other interested authorities, bodies or organizations;

11 deal administratively with requests of Authorities to accede to the Memorandum and to take actions for the formal procedures for accession as requested by the Committee;

12 provide each year a budget proposal for the work of the Secretariat;

13 each year render an account on the previous year, including suggestions for payment or additional payment;

14 advise on any other financial aspects of the Memorandum.

The Secretariat will comprise a Secretary and a Deputy Secretary and additional technical and administrative staff as judged necessary by the Committee. The Secretary will be a national of the host country. The Deputy Secretary shall be a national of any Black Sea country. Both the Secretary and the Deputy Secretary shall be appointed by the Committee upon proposal of their national Authority. The additional technical and administrative staff shall be appointed by the Secretary and presented by the Secretary to the Committee.

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