Port state control (PSC) is an inspection regime for countries to inspect foreign-registered ships in port other than those of the flag state and take action against ships that are not in compliance. Inspectors for PSC are called PSC officers (PSCOs), and are required to investigate compliance with the requirements of international conventions, such as SOLAS, MARPOL, STCW, and the MLC. Inspections can involve checking that the vessel is manned and operated in compliance with applicable international law, and verifying the competency of the ship's master and officers, and the ship's condition and equipment.[2]
Signatories to the Paris MOU (blue), Tokyo MOU (red), Indian Ocean MOU (green), Mediterranean MOU (dark green), Acuerdo de Viña del Mar (yellow),[1] Caribbean MOU (olive), Abuja MOU (dark red), Black Sea MOU (cyan) and Riyadh MOU (navy).
In 1978, a number of European countries agreed in The Hague on a memorandum for the audit of labour conditions on board vessels as to whether they were in accordance with the rules of the ILO. After the Amoco Cadiz sank that year, it was decided to also audit safety and pollution practices. To this end, in 1982 fourteen European countries agreed on the Paris Memorandum of Understanding on Port State Control (Paris MoU) to establish port state control. Nowadays 26 European countries and Canada are signatories of Paris MoU. PSC was a reaction to the failure of those flag states – especially flag of convenience states – that had delegated their survey and certification responsibilities to classification societies.
Modeled on the Paris MOU, several other regional MOUs have been signed, including the Tokyo MOU (Pacific Ocean),[5] Acuerdo Latino or Acuerdo de Viña del Mar (South and Central America),[6] the Caribbean MOU,[7] the Mediterranean MOU,[8] the Indian Ocean MOU,[9] the Abuja MOU (West and Central Atlantic Africa),[10] the Black Sea MOU,[11] and the Riyadh MOU (Persian Gulf).[12]
Inspection and enforcementedit
The port state control (PSC) makes inspection of ships in port, taken by a port state control officer (PSCO). Annual report of Paris MoU reported that a total of 74,713 deficiencies were recorded during port state control inspections in 2007, which deficiencies resulted in 1,250 detentions that year.[13] Detention of the ship is the last course of action that a PSCO would take upon finding deficiencies aboard the vessel.
Courses of action a PSCO may impose on a ship with deficiencies (in order of ascending gravity) are:[14]
Deficiencies can be rectified within 14 days for minor infractions.
Under specific conditions, deficiencies can be rectified when the ship arrives at the next port.
Deficiencies must be rectified before the ship can depart the port.
Detention of the ship occurs.
Jurisdictionedit
The countries that implement PSC are referred to as port states. This term was established in UNCLOS, but the approach had been applied since ancient times.[15]
Port states effectively establish jurisdiction over foreign-flagged seagoing vessels visiting the ports of a port state. This jurisdiction is distinct from the one set up by the coastal states in their maritime zones,[16] primarily due to two considerations:[15]
from the legal point of view, vessels that voluntarily entered a port can no longer claim the right of innocent passage;
at the practical level, port represents a convenient point of control.
Port states can, in addition to detention, sanction violations with fines. Port states can also in certain cases, for example if a ship violates the 0.5% sulphur limit of MARPOL Annex VI, assert jurisdiction for such violations which occur on the high seas. The extraterritorial jurisdictional basis for such enforcement and sanctioning is found within the special provisions of part XII of the United Nations Convention on the Law of the Sea (UNCLOS).[17]
Referencesedit
^Viña del Mar Agreement: Latin American Agreement on Port State Control of Vessels(PDF). Acuerdo de Viña del Mar. Retrieved 7 May 2018 – via Центр Морского Бизнеса.
^Port State Control – The achievements of the Paris MoU – Marcella Lazzarini – LJMU 2015
^"Shipping Industry Flag State Performance Table 2022/2023" (PDF). International Chamber of Shipping. January 2023.
^"Current Registries Listed as FOCs". International Transport Workers' Federation. July 2021.
^"Memorandum of Understanding on Port State Control in the Asia-Pacific". www.tokyo-mou.org.
^":: Acuerdo Viña del Mar 1992 ::". alvm.prefecturanaval.gob.ar.
^Paris Mou (2007), "Deficiencies per major category", Annual Report 2007 – Paris MoU on Port State Control, Month Date, pp. 22–23.
^Özçayir, Z.O. (2004), "Practical Implication of Port State Control: The Contractual Effect of Port State Control Detentions". In Mitropoulos, E.E. Port State Control, 2nd ed, LLP, London, pp. 509, 520–521
^Jesper Jarl Fanø (2019). Enforcing International Maritime Legislation on Air Pollution through UNCLOS. Hart Publishing.
Sourcesedit
Marten, B. (2013). Port State Jurisdiction and the Regulation of International Merchant Shipping. Hamburg Studies on Maritime Affairs. Springer International Publishing. ISBN978-3-319-00351-1. Retrieved 19 August 2023.
External linksedit
Paris MoU on Port State Control (official website)
Port State Control (7 July 2009 archive of International Maritime Organization website)
October 30, 2023
port, state, control, inspection, regime, countries, inspect, foreign, registered, ships, port, other, than, those, flag, state, take, action, against, ships, that, compliance, inspectors, called, officers, pscos, required, investigate, compliance, with, requi. Port state control PSC is an inspection regime for countries to inspect foreign registered ships in port other than those of the flag state and take action against ships that are not in compliance Inspectors for PSC are called PSC officers PSCOs and are required to investigate compliance with the requirements of international conventions such as SOLAS MARPOL STCW and the MLC Inspections can involve checking that the vessel is manned and operated in compliance with applicable international law and verifying the competency of the ship s master and officers and the ship s condition and equipment 2 Signatories to the Paris MOU blue Tokyo MOU red Indian Ocean MOU green Mediterranean MOU dark green Acuerdo de Vina del Mar yellow 1 Caribbean MOU olive Abuja MOU dark red Black Sea MOU cyan and Riyadh MOU navy Contents 1 History 2 Inspection and enforcement 3 Jurisdiction 4 References 5 Sources 6 External linksHistory editPort state control 2021 3 4 Flag ParisBlacklist TokyoBlacklist USCGTarget List nbsp Bolivia nbsp N nbsp Comoros nbsp N nbsp Moldova nbsp N nbsp Mongolia nbsp N nbsp St Kitts Nevis nbsp N nbsp St Vincent Grenadines nbsp N nbsp Sierra Leone nbsp N nbsp Togo nbsp N nbsp N nbsp N nbsp Zanzibar Tanzania nbsp NIn 1978 a number of European countries agreed in The Hague on a memorandum for the audit of labour conditions on board vessels as to whether they were in accordance with the rules of the ILO After the Amoco Cadiz sank that year it was decided to also audit safety and pollution practices To this end in 1982 fourteen European countries agreed on the Paris Memorandum of Understanding on Port State Control Paris MoU to establish port state control Nowadays 26 European countries and Canada are signatories of Paris MoU PSC was a reaction to the failure of those flag states especially flag of convenience states that had delegated their survey and certification responsibilities to classification societies Modeled on the Paris MOU several other regional MOUs have been signed including the Tokyo MOU Pacific Ocean 5 Acuerdo Latino or Acuerdo de Vina del Mar South and Central America 6 the Caribbean MOU 7 the Mediterranean MOU 8 the Indian Ocean MOU 9 the Abuja MOU West and Central Atlantic Africa 10 the Black Sea MOU 11 and the Riyadh MOU Persian Gulf 12 Inspection and enforcement editThe port state control PSC makes inspection of ships in port taken by a port state control officer PSCO Annual report of Paris MoU reported that a total of 74 713 deficiencies were recorded during port state control inspections in 2007 which deficiencies resulted in 1 250 detentions that year 13 Detention of the ship is the last course of action that a PSCO would take upon finding deficiencies aboard the vessel Courses of action a PSCO may impose on a ship with deficiencies in order of ascending gravity are 14 Deficiencies can be rectified within 14 days for minor infractions Under specific conditions deficiencies can be rectified when the ship arrives at the next port Deficiencies must be rectified before the ship can depart the port Detention of the ship occurs Jurisdiction editThe countries that implement PSC are referred to as port states This term was established in UNCLOS but the approach had been applied since ancient times 15 Port states effectively establish jurisdiction over foreign flagged seagoing vessels visiting the ports of a port state This jurisdiction is distinct from the one set up by the coastal states in their maritime zones 16 primarily due to two considerations 15 from the legal point of view vessels that voluntarily entered a port can no longer claim the right of innocent passage at the practical level port represents a convenient point of control Port states can in addition to detention sanction violations with fines Port states can also in certain cases for example if a ship violates the 0 5 sulphur limit of MARPOL Annex VI assert jurisdiction for such violations which occur on the high seas The extraterritorial jurisdictional basis for such enforcement and sanctioning is found within the special provisions of part XII of the United Nations Convention on the Law of the Sea UNCLOS 17 References edit Vina del Mar Agreement Latin American Agreement on Port State Control of Vessels PDF Acuerdo de Vina del Mar Retrieved 7 May 2018 via Centr Morskogo Biznesa Port State Control The achievements of the Paris MoU Marcella Lazzarini LJMU 2015 Shipping Industry Flag State Performance Table 2022 2023 PDF International Chamber of Shipping January 2023 Current Registries Listed as FOCs International Transport Workers Federation July 2021 Memorandum of Understanding on Port State Control in the Asia Pacific www tokyo mou org Acuerdo Vina del Mar 1992 alvm prefecturanaval gob ar Home CaribbeanMOU www caribbeanmou org Home medmou org Home Welcome to Indian Ocean Memorandum of Understanding on Port State Control www iomou org Abuja MOU www abujamou org Black Sea MOU www bsmou org Riyadh MoU www riyadhmou org Paris Mou 2007 Deficiencies per major category Annual Report 2007 Paris MoU on Port State Control Month Date pp 22 23 Ozcayir Z O 2004 Practical Implication of Port State Control The Contractual Effect of Port State Control Detentions In Mitropoulos E E Port State Control 2nd ed LLP London pp 509 520 521 a b Marten 2013 p 2 Marten 2013 pp 1 2 Jesper Jarl Fano 2019 Enforcing International Maritime Legislation on Air Pollution through UNCLOS Hart Publishing Sources editMarten B 2013 Port State Jurisdiction and the Regulation of International Merchant Shipping Hamburg Studies on Maritime Affairs Springer International Publishing ISBN 978 3 319 00351 1 Retrieved 19 August 2023 External links editParis MoU on Port State Control official website Port State Control 7 July 2009 archive of International Maritime Organization website Retrieved from https en wikipedia org w index php title Port state control amp oldid 1177127654, wikipedia, wiki, book, books, library,
