Such States may permit the vessel to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the violation, shall permit the vessel to continue immediately”. Article 219, Measures relating to seaworthiness of vessels to avoid pollution, stipulates that “States which, upon request or on their own initiative, have ascertained that a vessel within one of their ports or at one of their off-shore terminals is in violation of applicable international rules and standards relating to seaworthiness of vessels and thereby threatens damage to the marine environment shall, as far as practicable, take administrative measures to prevent the vessel from sailing. When exercising control, all possible efforts should be made to avoid a ship being unduly detained or delayed.įor more details, please refer to the Procedures of Port State Control, 2021 (resolution A.1155(32)).Īrticle 218 (1), Enforcement by port States, of the United Nations Convention of the Law of the Sea (UNCLOS) states, “When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may undertake investigations and, where the evidence so warrants, institute proceedings in respect of any discharge from the vessel outside the internal waters, territorial sea or exclusive economic zone of that State in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference.”. If the PSCO identifies clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificates or that the master or crew is not familiar with essential shipboard procedures, a more detailed inspection should be carried out. When a PSC Officer (PSCO) inspects a foreign ship, any such inspection should be limited to verifying that there are on board valid certificates and other relevant documentation, unless there are "clear grounds" for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificates. The primary responsibility for ensuring ships' standards rests with the flag States. The harmonization of PSC inspections aims at ensuring that as many substandard ships as possible are inspected and at preventing ships from being subjected to multiple inspections. If they do not, they can be delayed or detained until repairs are carried out and be subject to targeting.įor ships travelling to different countries in the same region, a regional coordinated inspection that focuses on substandard ships and avoids multiple inspections can be more efficient and cost effective to member States, as well as providing a level playing field to ports of the region. Many IMO conventions contain provisions for Governments to inspect foreign ships that visit their ports to ensure that they meet IMO standards contained in instruments to which the port State is a Party, taking into account the concept of no-more favourable treatment. The Organization adopted resolution A.682(17) on Regional co-operation in the control of ships and discharges promoting the conclusion of regional agreements. PSC inspections are intended to be a backup to flag State implementation, a “second line of defence” against substandard shipping, and experience has shown that they can be extremely effective. Port State Control (PSC) is the inspection of foreign ships in national ports to verify that the condition of the ship and its equipment comply with the requirements of international regulations and that the ship is manned and operated in compliance with these instruments and ensure maritime safety and security and prevent pollution.
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