Port State Control: The new status quo in the EU

1. CEO Series Port State Control: The new status quo in the EU by Professor Alkis John Corres

2. Port State Control became a necessity after many years of unsuccessful attempts by the IMO to eradicate substandard ships. • It is a regional solution to this problem pioneered in Europe through the Paris Memorandum on Port State Control in 1981. • This new institution has been extremely effective and successful and it has been object to copying and imitation in many other regions giving it a global status. • The new EU directive came into force in June 2009 • It has been incorporated into UK law as of 1st January 2011. • Today, PSC has officially become an EU policy tool and other than ship inspections it helps monitor the workings of marine transportation in a generic way.

4. The Paris MOU has been looking at a new approach to Port State Control (PSC) to target substandard ships and move away from the 25% inspection regime where good ships were being targeted as well as poor ships. The New Inspection Regime (NIR) was developed by the Paris MOU to provide: • a more risk based system of targeting ships; • dispense with the 25% inspection commitment • and provide full inspection coverage of ships visiting the Paris MOU region as a whole.

5. PORT STATE CONTROL INSPECTIONS 1 Another aim of the NIR is to eliminate substandard shipping by increasing the frequency of inspection of “high risk” ships, while reducing the frequency of inspection of “low risk” ships, with the intention of rewarding the good operator. The concept of the NIR is incorporated into the new PSC directive. One wonders if there have been other considerations given that EU flagged ships have been good PSC performers.

6. PORT STATE INSPECTIONS 2 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.

7. PORT STATE INSPECTIONS 3 • 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.

8. PORT STATE INSPECTIONS 4 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

9. PORT STATE INSPECTIONS 5 PARIS MOU is present 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 STATE CLASSIFICATION COMPANY PERFORMANCE

10. PORT STATE INSPECTIONS 6 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.

11. The new Directive 1 • 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.

12. The new Directive 2 • ·  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.

13. TYPES OF INSPECTION INITIAL  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;

14. Types of Inspection 2 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.

15. Types of Inspection 3 – Clear Grounds 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. 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. • And also the following areas (next slide)

16. 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.

17. Expanded inspection continued...  An expanded inspection shall include a check of the overall condition, including human element where relevant, in the previous risk areas: (Refer to 1-14) as previous slide.

18. CONCENTRATED INSPECTION CAMPAIGNS Only one so far, “ Tanker Damage Stability” Sept-Nov 2010

19. 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

20. 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).

21. Ship Risk Profile Continued.. 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.

22. 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;

23. The emerging new situation Essentially, performance ratings which have up till now meant FLAG only ( re Black list etc) are now expanding to include • Management Company • Classification Society and then • Ship re age of build • Ship record of deficiencies found

25. 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).