PORT STATE CONTROL INSPECTIONS 1 Under the new regime established by Directive 2009/16 in the UK. The new EU directive came into force in June 2009 It.

PORT STATE CONTROL INSPECTIONS

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Under the new regime established by Directive 2009/16 in the UK.

The new EU directive came into force in June 2009

It has been incorporated into UK law as of 1st January 2011.

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3 The Paris MOU were also looking at a new approach The Paris MOU were also looking at a new approach to Port State Control (PSC) to Port State Control (PSC) to target to target substandard ships substandard ships and and move away from the move away from the 25%25% inspection regime where good ships were inspection regime where good ships were being targeted as well as poor ships. being targeted as well as poor ships.

The New Inspection Regime (NIR) was developed by The New Inspection Regime (NIR) was developed by the Paris MOU to provide: the Paris MOU to provide:

a more risk based system of targeting ships; a more risk based system of targeting ships; dispense with the 25% inspection commitment dispense with the 25% inspection commitment and provide full inspection coverage of ships and provide full inspection coverage of ships

visiting the Paris MOU region as a whole.visiting the Paris MOU region as a whole.

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Another aim of the NIR is to eliminate substandard Another aim of the NIR is to eliminate substandard shipping by increasing the frequency of shipping by increasing the frequency of inspection of “high risk” ships, while inspection of “high risk” ships, while

reducing the frequency of inspection of “low risk” reducing the frequency of inspection of “low risk” ships, with the intention of rewarding the good ships, with the intention of rewarding the good operator. operator.

The concept of the NIR is incorporated into the new The concept of the NIR is incorporated into the new PSC directive. PSC directive.

One wonders if there have been other considerations given One wonders if there have been other considerations given that EU flagged ships have been good PSC performers.that EU flagged ships have been good PSC performers.

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Inspections

A port State control visit on board a ship will normally start with, as a minimum and to the extent applicable, examination of the documents in accordance with Annex 10 of the Paris MOU.

In addition the PSCO conducts a general inspection of several areas on board to verify that the overall condition of the ship complies with that required by the various certificates.

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If the ship is found to comply, the PSCO will issue a ‘clean’ inspection report (Form A) to the master of the ship.

In case deficiencies have been identified, the inspection report will include a deficiencies found report (Form B) indicating any follow-up actions to be taken to rectify the deficiencies indicated.

Next, the data of the respective ship and the inspection result will be recorded on the central computer database, located at EMSA in Lisbon, Portugal.

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Furthermore,

control on compliance with on board operational requirements may be included in the control procedures,

particularly if the PSCO has reason to believe that the crew demonstrates insufficient proficiency in that area

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PARIS MOU is part of IMO BUT the database facility is owned and supplied by EMSA

Paris MOU controls inspections in Europe and Canada.

Essentially the inspection is a spot IMO audit on the performance of the ship in terms of;

FLAG STATECLASSIFICATION

COMPANY PERFORMANCE

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This policy was theoretically EFFECTIVE FROM JUNE 2009, but MIN 380 is Jan 2011

What does this mean?Generally a get tougher and meaner

inspection regime, based upon data consistently gathered and analyzed with reference to White grey and black listings.

The new Directive10

This new directive incorporateS the Paris MOU New Inspection Regime (NIR) which will bring about significant changes in the way ships are targeted in member states.

The key purpose of the NIR is to take a risk based approach to PSC targeting, with the aim of eliminating substandard shipping. This will be achieved by frequently targeting high-risk ships whilst reducing the inspections on low-risk ships.

Some of the key points of the directive, incorporating the NIR are listed below. Ships will be targeted based upon a risk profile which will take into

account the type of ship, age, company performance, previous deficiencies and detentions. High risk ships will be due inspections every 5 - 6 months, standard risk ships every 10 - 12 months and low-risk ships every 24 - 36 months.

The new Directive…11

·  Additional inspections may be carried out between the above mentioned intervals due to unexpected factors such as reports from pilots, collisions, groundings etc.

·  The type of inspection will depend on the ship’s risk profile;

the minimum for a high risk ship will be an expanded inspection.

·  Ships requiring an expanded inspection must give 72 hours notice, prior to arrival.

In order to be a low risk ship, the flag state must be on the Paris MOU white list and have undergone the Voluntary IMO Member State Audit Scheme.

To maintain the low risk status a vessel must have no more than 5 deficiencies during any one inspection and no detention recorded in the preceding three years.

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TYPES OF INSPECTIONINITIAL

 An initial inspection will consist of a visit on board the ship in order to:

check the certificates and documents listed in Annex 10 of the MoU text;

check that the overall condition and hygiene of the ship including:1. navigation bridge2. accommodation and galley3. decks including forecastle4. cargo holds/area5. engine roommeets generally accepted international rules and standards;

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More detailed inspection

A more detailed inspection will be carried out whenever there are clear grounds for believing, during an inspection, that the condition of the ship or of it's equipment or crew does not substantially meet the relevant requirements of a relevant instrument.

Clear grounds definition: Clear Grounds exist when a Port State Control

Officer finds evidence, which in his/her professional judgement warrants a more detailed inspection of the ship, its equipment or its crew.

The absence of valid certificates or documents is considered a clear ground. Other examples of clear grounds can be found in Annex 9, paragraph 6 of the MoU text.

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A more detailed inspection will include an in-depth examination in:

the area (s) where clear grounds were established the areas relevant to any overriding or

unexpected factors, which means practically anywhere the PSC officer decides.

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And also the following risk areas:

1. Documentation2. Structural condition3. Water/Weather-tight condition4. Emergency systems5. Radio communication6. Cargo operations7. Fire safety8. Alarms9. Living and working condition10. Navigation equipment11. Life saving appliances12. Dangerous Goods13. Propulsion and auxiliary machinery14. Pollution prevention

The more detailed inspection will take account of the human elements covered by ILO, ISM and STCW.

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Expanded inspection.17

 An expanded inspection shall include a check of the overall condition, including human element where relevant, in the following risk areas:

Refer to 1-14 as previous, namely

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1. Documentation 2. Structural condition 3. Water/Weathertight condition 4. Emergency systems 5. Radio communication 6. Cargo operations 7. Fire safety 8. Alarms 9. Living and working conditions 10. Navigation equipment 11. Life saving appliances 12. Dangerous Goods 13. Propulsion and auxiliary machinery 14. Pollution prevention

CONCENTRATED INSPECTION CAMPAIGNS

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Only one so far, “ Tanker Damage Stability”

Sept-Nov 2010

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Targeting

Every day a number of ships will be selected for a port State control inspection. To facilitate such selection, the central computer database, known as ‘THETIS’ is consulted by PSCO’s.

  This information system, hosted by the European

Maritime Safety Agency, informs national PSC authorities which ships are due for an inspection.

Data on ships particulars and reports of previous inspections carried out within the Paris MoU region are provided by the information system as well

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Ship risk profileEach ship in the information system will be

attributed a ship risk profile (SRP), in accordance with Annex 7 of the Paris MoU text.

This SRP will determine: the ships priority for inspection, the interval between its inspections and the scope of the inspection.

Ships are assigned high, standard or low risk. This is based on generic and historic parameters (i.e. on its type, age and its inspections’ record).

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A ship’s risk profile is recalculated daily taking into account

changes in the more dynamic parameters such as

age, the 36 month history and company performance. Recalculation also occurs after every inspection

and when the applicable performance tables for flag and ROs (recognized organizations= CLASS) are changed.

UK legislation on 1st January 2011.

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BANNING “Refusal of Access” (banning) is amended to include all ship

types registered with a black of grey listed flag, according to the “ParisMOU BGW list”.

Banning will be based, as at present, on the number of detentions within a specified period.

For a black listed flag ship, if it has been detained more than twice in the preceding 36 months it will be banned.

For a grey listed ship, if it has been detained more than twice in the previous 24 months it will also be banned.

A minimum time of banning will apply, 3 months for first ban, 12 months for second ban.

A detention after a second ban could lead to possible permanent exclusion from EU ports and anchorages;

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What does it all mean?

Essentially, performance ratings which have up till now meant FLAG only ( re Black list etc) are now expanding to include

Company CLASS

and then

Ship build Ship repair

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Coupled with this expansion is the plan to connect all MOU databases to talk to each other.

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Signatories to the Paris MOU (blue), Tokyo MOU (red), Indian Ocean MOU (green), Mediterranean

MOU (dark green), Acuerdo Latino (yellow), Caribbean MOU (olive), Abuja MOU (dark red),

Black Sea MOU (cyan) and Riyadh MOU (navy).

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QUESTIONS ?