Procedures for Port State Control, 2017

04 June 2018 |  C18023

The IMO Assembly adopted the Resolution A.1119(30) that contains a comprehensive compilation of guidelines relevant to Port State Control and updates the previous Resolution A.1052(27).

NOTICE TO
Ship Owners/ Managers/ Operators | Surveyors/Auditors

The IMO Resolution A.1119(30) includes guidelines on the ISM Code, the certification of seafarers, hours of rest and manning and procedures regarding voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments.

Guidelines to the ISM Code (Appendix 8)

The guidelines provide guidance to PSCOs for the harmonized application of related technical or operational deficiencies found in relation to the ISM Code during a PSC inspection.

Deficiencies that do not warranty detention are:

• Minor typing errors in the DOC or the SMC should be reported in the PSC inspection report as a technical deficiency with the certificates and not an ISM-related deficiency.
• If technical and/or operational-related deficiencies are found and reported during the PSC inspection which do not warrant detention but in the professional judgement of the PSCO provide objective evidence of a failure, or lack of effectiveness, of the implementation of the ISM Code, this should be reported additionally in the PSC inspection report as an ISM-related deficiency.

The following are deficiencies which may warrant detention:

• deficiencies of a technical and/or operational nature which individually or collectively provide objective evidence of a serious failure, or lack of effectiveness, of the implementation of the ISM Code;
• there is no SMC, interim SMC and/or copy of the DOC or interim DOC on board the ship;
• there is no valid SMC or interim SMC on board;
• the SMC intermediate verification is overdue;
• the SMC has expired and there is no objective evidence of an extension issued by the Administration; or where the SMC has been withdrawn by the Administration;
• the DOC or interim DOC has expired or been withdrawn;
• the ship type as indicated on the SMC or interim SMC is not listed on the DOC or interim DOC;
• evidence of the DOC annual verification is not available on board;
• the certificate number on the copy of the DOC and the endorsement pages are not the same; and
• the company name, the company address or the issuing Government authority on the DOC or interim DOC is not the same as on the SMC or interim SMC.

Where the PSCO has considered the technical and/or operational-related deficiencies found and concluded these provide objective evidence of a (serious) failure, or lack of effectiveness of the implementation of the ISM Code, an ISM-related deficiency should be recorded in the PSC inspection report.

Guidelines for Port State Control Officers on Certification of Seafarers, Manning and Hours of Rest (Appendix 11)

A non-exhaustive list of grounds that warranty detention is contained in regulation I/4 of the STCW Convention, as amended:

• failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the Administration in accordance with regulation I/10, paragraph 5;
• failure to comply with the applicable safe manning requirement of the Administration;
• failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the Administration;
• absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radiocommunications or the prevention of marine pollution; and
• inability to provide, for the first watch at the commencement of a voyage and for subsequent relieving watches, persons who are sufficiently rested and otherwise fit for duty.

Other ship-related grounds for detention are listed below:

• MSMD or equivalent not presented (SOLAS regulation V/14.2); and
• records of daily hours of rest are not on board (STCW Code A-VIII/1.7); and Seafarers’ documentation:
• not available or serious discrepancy in the CoC (STCW regulation I/4.2.1);
• absence in watch of a radio operator (general/restricted GMDSS); certificates and endorsement not available (STCW regulations I/4.2.1, I/4.2.2, I/4.2.3, I/4.2.4 and II/1.2.1);
• documentation for personnel with designated safety, security and marine environmental duties not available (STCW regulation I/4.2.1, I/4.2.2, I/4.2.3 and I/4.2.4);
• expired certificates (STCW regulation I/4.2.1), and for medical certificates also refer to STCW regulation I/9.6 and I/9.7; and
• evidence that a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued.

If the actual number of crew or composition does not conform to the manning document, the port State shall request the flag State for advice as to whether or not the ship should be allowed to sail with the actual number of crew and composition of crew. If the actual crew number or composition is not brought into compliance with the MSMD or the flag State does not advise that the ship may sail, the ship may be considered for detention after the criteria set out in above paragraphs have been taken into account.

When the manning is not in accordance with the MSMD and no flag State endorsements or no “documentary proof of application” can be presented, the port State shall consult the flag State whenever possible taking into account time differences or other conditions.

In cases where an unqualified seafarer has been on duty and/or the watch schedule has not been followed, the flag State should be informed and this could be considered as an ISM deficiency. In cases where there is a seafarer on duty who is not qualified to carry out an operation, that particular operation should be stopped immediately.

Guidelines for voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments

In relation to voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments, Flag Administrations should take into account the Guidelines on the voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments (MSC.1/Circ.1565), previously communicated through Dromon Circular C18006.

If a port State exercises control based on:

• International Labour Organization (ILO) Maritime Labour Convention, 2006, as amended (MLC, 2006), guidance on the conduct of such inspections is given in the ILO publication “Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006“; or
• ILO Convention No. 147, Merchant Shipping (Minimum Standards) Convention, 1976, or the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976, guidance on the conduct of such inspections is given in the ILO publication “Inspection of labour conditions on board ship: Guide-lines for procedure“.

Act now

Ship Owners/ Managers/ Operators should take into consideration the revised Resolution and special attention should be given to those deficiencies that warranty a detention.