Procedures for Port State Control, 2021 (2022 Edition) (KE650E

This edition includes amendments to the Guidelines for investigations and inspections carried out under MARPOL Annex II (appendix 4), the Guidelines for control of operational requirements (appendix 7) and the Guidelines for port State control under MARPOL Annex VI (appendix 18).

The International Maritime Organization (IMO) has always acknowledged that effective implementation and enforcement of the global maritime standards contained in its conventions are primarily the responsibility of the flag State to which a ship?s flag is flying. Nevertheless, the Organization has also recognized that the exercise of the right to carry out port State control, as provided for in relevant international conventions, contributes to ensuring that global maritime standards are being implemented consistently on all ships. Port State control involves the inspection of foreign ships in national port areas to verify that the condition and operation of a ship and its equipment comply with the relevant requirements contained in the applicable mandatory international instruments to which the port State is a Party.

The Organization cooperates with port State control regimes within the framework of resolution A.682(17) on Regional cooperation in the control of ships and discharges to support the harmonization of port State control activities. In this context, the IMO Sub-Committee on Implementation of IMO Instruments (III) ? recognizing the need for a single comprehensive, consolidated and updated instrument to facilitate the work of maritime administrations in general, and port State control officers (PSCOs) in particular ? reviewed and amalgamated existing resolutions and documents on port State control. This resulted in the adoption of resolution A.1155(32) by the IMO Assembly, on 15 December 2021, which contains, as an annex, the Procedures for port State control, 2021 following successive revocation of resolutions A.1138(31), A.1119(30), A.1052(27), A.882(21), A.787(19), A.742(18), A.597(15) and A.466(XII). The Assembly requested the Maritime Safety Committee and the Marine Environment Protection Committee to keep the Procedures under review and to amend them as necessary.

The 2022 edition of Procedures for Port State Control, 2021 provides guidance to PSCOs on the conduct of inspections of foreign ships to promote consistency in the way inspections are carried out worldwide and to harmonize the criteria for deciding on deficiencies found on board relating to the ship, its equipment or its crew, as well as the application of procedures. It contains 19 appendices, including the Code of Good Practice for Port State Control Officers, guidelines for reporting and notification, and comments by flag State on detention reports related to a series of technical and operational guidelines with respect to relevant IMO conventions and mandatory codes, such as SOLAS 1974, SOLAS PROT 1988, LL 1966, LL PROT 1988, MARPOL, STCW 1978, TONNAGE 1969, COLREG 1972 and the International Safety Management Code. This edition also contains amendments to the Guidelines for investigations and inspections carried out under MARPOL Annex II (appendix 4), the Guidelines for control of operational requirements (appendix 7) and the Guidelines for port State control under MARPOL Annex VI (appendix 18).

Instruments Relevant to Procedures for Port State Control, 2021 (2022 edition) is an electronic publication produced by IMO. It comprises the full texts of all the instruments featured in the List of instruments relevant to port State control procedures given in appendix 19 of this publication, including the Guidelines for the use of electronic record books under MARPOL, which provide further guidance for PSCOs in relation to inspection of relevant record books or logs on board a ship.

v. Foreword

Procedures for port State control, 2021 (resolution A.1155(32))

Chapter 1 – General

1.1 Purpose

1.2 Application

1.3 Introduction

1.4 Provision for port State control

1.5 Ships of non-Parties

1.6 Ships below convention size

1.7 Definitions

1.8 Professional profile of PSCOs

1.9 Qualification and training requirements of PSCOs

Chapter 2 – Port State inspections

2.1 General

2.2 Initial inspections

2.3 General procedural guidelines for PSCOs

2.4 Clear grounds

2.5 More detailed inspections

Chapter 3 – Contravention and detention

3.1 Identification of a substandard ship

3.2 Submission of information concerning deficiencies

3.3 Port State action in response to alleged substandard ships

3.4 Responsibilities of port State to take remedial action

3.5 Guidance for the detention of ships

3.6 Suspension of inspection

3.7 Procedures for rectification of deficiencies and release

Chapter 4 – Reporting requirements

4.1 Port State reporting

4.2 Flag State reporting

4.3 Reporting of allegations under MARPOL

Contents

iv PROCEDURES FOR PORT STATE CONTROL, 2021 2022 EDITION

Chapter 5 – Review procedures

5.1 Report of comments

Appendices

Appendix 1 Code of good practice for port State control officers conducting inspections within the framework of the regional memoranda of understanding and agreement on port State control (MSC-MEPC.4/Circ.2)

Appendix 2 Guidelines for the detention of ships

Appendix 3 Guidelines for investigations and inspections carried out under MARPOL Annex I

Appendix 4 Guidelines for investigations and inspections carried out under MARPOL Annex II

Appendix 5 Guidelines for discharge requirements under

MARPOL Annexes I and II

Appendix 6 Guidelines for more detailed inspections of ship structural and equipment requirements

Appendix 7 Guidelines for control of operational requirements

Appendix 8 Guidelines for port State control officers on the ISM Code

Appendix 9 Guidelines for port State control related to LRIT

Appendix 10 Guidelines for port State control under TONNAGE 1969

Appendix 11 Guidelines for port State control officers on certification of seafarers, manning and hours of rest.

Appendix 12 List of certificates and documents

Appendix 13 Report of inspection in accordance with Procedures for port State control

Appendix 14 Report of deficiencies not fully rectified or only provisionally rectified

Appendix 15 Report of action taken to the notifying authority

Appendix 16 Format for the report of contravention of MARPOL (article 6)

Appendix 17 Comments by flag State on detention report

Appendix 18 Guidelines for port State control under MARPOL Annex VI

Appendix 19 List of instruments relevant to port State control procedures

Additional information Port State control regimes: comparative table (extracts from document III 7/5/1)

As a specialised agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.

In other words, its role is to create a level playing-field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process takes place.