Investigating Shipping Pollution Violations

1. Investigating Shipping Pollution Violations Pacific Module 6: Port State Control

2. Aim • Provide general information on Port State Control (PSC) regimes

3. What is Port State Control? • International Conventions allow the Port State to exercise a limit of “control” over ships in their waters (i.e. ‘Port State’) • This mechanism of verifying ships’ compliance is known as ‘Port State Control’ (PSC) • PSC has assumed prominence in the shipping industry because of consistent failure of the other responsible parties to fully meet their obligations

4. PSC Codification • Concept of Port State Control was codified in 1982 pursuant to UN Convention on the Law of the Sea • IMO and ILO international conventions give powers to countries to which ships travel to ensure that those ships do not pose an unreasonable threat to the safety of the ship, of its crew, or of its the marine environment whilst in their waters

5. Purpose of Port State Control • The purpose of PSC is to “verify that foreign vessels entering (PSC) waters are in compliance with strict international safety and anti-pollution standards.” • “The Port State Control objective is to detect and inspect sub-standard ships and to help eliminate the threat they pose to life, property, and the marine environment.”

6. Function of Port State Control PSC Officers verify ship compliance with the IMO international conventions, the most common are: • International Convention for the Safety of Life at Sea (SOLAS) • International Convention for the Prevention of Pollution from Ships (MARPOL) • International Convention on Load Lines (ICLL) • International Convention on the Standards of Training, Certification (STCW) • Prevention of Collisions at Sea (COLREG) • International Tonnage Convention (ITC) • Merchant Shipping Minimum Standards (ILO 147) (1976)

7. Function of Port State Control • Ensuring compliance with international rules • Detaining substandard shipping when warranted • Implementing a mutual agreed upon minimum # of inspections • Applying a targeting system when selecting vessels to inspect • Harmonizing and strengthening PSC procedures as possible • Providing technical assistance and training where needed

8. The Nature of Port State Control • PSC regimes usually (but not always) form within an MOU organizational structure • Black Sea MOU • Caribbean MOU • Indian Ocean MOU • Mediterranean MOU • Paris (Atlantic) MOU • Tokyo (Pacific) MOU • Vina Del Mar (SA) MOU • Abuja (Africa) MOU • Riyadh (Gulf States) MOU

9. Port State Control Regimes Span the Globe Tokyo MOU Riyadh MOUIndian Ocean MOUParis MOU Black Sea MOU Acuerdo Vina del MarAbuja MOUCaribbean MOU Mediterranean MOU

10. PSC Inspections • Procedures for Port State Control • IMO Resolution A.787(19) • Each MOU also has a Code of Good Practice • Targeted regime for ship inspections • Qualified PSCOs

11. PSC Inspections • Initial Inspection • Clear grounds • evidence that the ship, its equipment, or its crew does not correspond substantially with the requirements of the relevant conventions or that the master/crew members are not familiar with essential shipboard procedures relating to the safety of ships or the prevention of pollution • Detailed inspection

12. Identification of a Substandard/Unseaworthy Ship “Substandard ship: A ship whose hull, machinery, equipment, or operational safety is substantially below the standards required by the relevant convention or whose crew is not in conformance with the safe manning document”

13. Deficiencies • Deficiencies • A condition found that is not to be in compliance with the requirements of a relevant international convention, which has a relevant convention control provision. • Utilise a code system (1700-1799 related to MARPOL Annex I) • Recording of Actions

14. Detentions • Detentions • Detentions will result from a deficiency of a serious nature or a combination of deficiencies • Some jurisdictions maintain detention lists • http://www.amsa.gov.au/Shipping_Safety/Port_State_Control/Ship_Detention/200811.asp • http://wwwapps.tc.gc.ca/Saf-Sec-Sur/4/PSCQ-SRPSC/m.aspx?lang=e • Ships which are unsafe to proceed to sea should be detained upon the first inspection irrespective of the time the ship will stay in port or time required to rectify a deficiency.

15. Detentions • MARPOL Annex I detainable deficiencies • Absence, serious deterioration or failure of proper operation of the oily water filtering equipment, the oil discharge monitoring and control system or the 15ppm alarm arrangements • Remaining capacity of slop and/or sludge tank insufficient for intended voyage • Oil Record Book not available • Unauthorized discharge bypass fitted

16. PSC History relevance for pollution • PSC history contributes to the management and operation of the ships • Use IMO number for ship and/or company • Contact PSC Administration in your country • Check MOU websites • Check Lloyds Fairplay and EQUASIS websites

17. PSCO as advisors for pollution violations • PSC Officers can • assist with technical expertise during the investigation onboard the ship • provide expert opinion as to certain activities onboard the ship

18. Questions?