Port State control, or PSC, is the exercise of the right of a port State, when granting permission to a foreign flagged ship to enter a port of the port State, to inspect the vessel to ensure that it meets international safety, pollution and other requirements.
Various international standards and conventions, such as the SOLAS Convention, MARPOL Convention, and the International Load Line Convention, have been enacted in order to promote the safety of life and property at sea and to protect the marine environment with respect to oceangoing ships. Although the flag State and owner of a ship have fundamental responsibility for ensuring that these requirements are implemented, supervision by the flag State is many times insufficient. There is also often a lack of adequate competence and experience on the part of ship crews and others that can all too often have an adverse impact on safety, as well.
PSC has been established as a means of proactively complementing the role of flag States with the primary aims of improving ship safety and eliminating substandard ships. This consists of conducting inspections of various aspects of a ship once it has arrived in port, including the safety of life and property onboard the ship, prevention of pollution by the ship, and the living and working conditions onboard the ship.
PSC inspection process
A PSC inspection typically consists of a check of the documents and certificates onboard ship combined with a condition survey of the vessel. However, a more detailed survey is carried out if there are "clear grounds" for such, as when deficiencies are found in the ship's compliance with mandatory international requirements, or there is some question as to the safety condition of the vessel. If serious deficiencies are found affecting safety as a result of the inspection, the ship is detained and the captain is instructed to rectify the deficiencies before departure. In the event that the deficiencies are not rectified or no suitable plan is presented for rectifying them, the ship will be prohibited from leaving the port.
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 rules.
Many of IMO's most important technical conventions contain provisions for ships to be inspected when they visit foreign ports to ensure that they meet IMO requirements.
These inspections were originally intended to be a back up to flag State implementation, but experience has shown that they can be extremely effective, especially if organized on a regional basis. A ship going to a port in one country will normally visit other countries in the region before embarking on its return voyage and it is to everybody's advantage if inspections can be closely co-ordinated.
This ensures that as many ships as possible are inspected but at the same time prevents ships being delayed by unnecessary inspections. The primary responsibility for ships' standards rests with the flag State - but port State control provides a "safety net" to catch substandard ships.
IMO has encouraged the establishment of regional port State control organizations and agreements on port State control - Memoranda of Understanding or MOUs - have been signed covering all of the world's oceans: Europe and the north Atlantic (Paris MOU); Asia and the Pacific (Tokyo MOU); Latin America (Acuerdo de Viña del Mar); Caribbean (Caribbean MOU); West and Central Africa (Abuja MOU); the Black Sea region (Black Sea MOU); the Mediterranean (Mediterranean MOU); the Indian Ocean (Indian Ocean MOU); and the Arab States of the Gulf (GCC MoU (Riyadh MoU)).
PSCO
Port State control is carried out by a Port State Control Officer (PSCO). The PSCO is a properly qualified person, authorized to carry out port State control inspections in accordance with the Paris MOU, by the maritime authority of the port State and acts under its responsibility. All PSCOs carry an identity card, issued by their maritime authorities.
Port State control inspection procedures
A port State control visit on board a ship will normally start with, as a minimum and to the extent applicable, examination of the following documents
International Tonnage Certificate (1969);
Passenger Ship Safety Certificate;
Cargo Ship Safety Construction Certificate;
Cargo Ship Safety Equipment Certificate;
Cargo Ship Radio Telegraphy Certificate;
Cargo Ship Radio Telephony Certificate;
Cargo Ship Safety Radio Certificate;
Exemption Certificate;
Cargo Ship Safety Certificate;
Document of Compliance (SOLAS 74, Regulation II-2/54)
Dangerous goods special list or manifest, or detailed stowage plan;
International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, or the Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, whichever is appropriate;
International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, or the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, whichever is appropriate;
International Oil Pollution Prevention Certificate;
International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk;
International Load Line Certificate (1966);
International Load Line Exemption Certificate;
Oil Record Book, parts I and II;
Shipboard Oil Pollution Emergency Plan
Cargo Record Book;
Minimum Safe Manning Document;
Certificates of Competency;
Medical certificates (see ILO Convention No. 73);
Stability information;
Copy of Document of Compliance and Safety Management Certificate issued in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (IMO Resolutions A.741(18) and A.788(19));
Certificates as to the ship’s hull strength and machinery installations issued by the classification society in question (only to be required if the ship maintains its class with a classification society);
Survey Report Files (in case of bulk carriers or oil tankers);
For ro-ro passenger ships, information on the A/A-max ratio;
Document of authorization for the carriage of grain;
Special Purpose Ship Safety Certificate;
High Speed Craft Safety Certificate and Permit to Operate High Speed Craft;
Mobile Offshore Drilling Unit Safety Certificate;
For oil tankers, the record of oil discharge monitoring and control system for the last ballast voyage;
The muster list, fire control plan, and for passenger ships, a damage control plan;
Ship’s log book with respect to the records of tests and drills and the log for records of inspection and maintenance of lifesaving appliances and arrangements;
Reports of previous port State control inspections;
Cargo securing manuel;
For passenger ships, list of operational limitations;
For passenger ships, a plan for co-operation with SAR-services;
Bulk carrier booklet;
Loading/Unloading Plan for bulk carriers;
Garbage Management Pan;
Garbage Record Book;
Certificate of financial insurance or any other financial security in respect of civil liability for oil pollution damage;
Intertnational Ship Security Certificate (ISSC);
Continuous Synopsis Record.
In addition the PSCO conducts a general inspection of several areas on board to verify that the overall condition of the ship (including the engine room and accommodation, and including hygienic conditions) complies with that required by the various certificates.
If valid certificates or documents are not on board, or if there are ‘clear grounds’ to believe that the condition of a ship, its equipment or its crew does not substantially meet the requirements of a relevant convention, a more detailed inspection will be carried out.
If the ship is found to comply, the PSCO will issue a ‘clean’ inspection report (Form A) to the master of the ship. Next, the data of the respective ship and the inspection result will be recorded on the central computer database, located in Saint Malo, France.
For the purpose of control on compliance with on board operational requirements, examples of “clear grounds” are, amongst others, the following:
evidence of operational shortcomings revealed during port State control proce dures in accordance with SOLAS 74/78/88, MARPOL 73/78 or STCW 78;
evidence of cargo operations or other procedures not being conducted safely or in accordance with IMO guidelines;
involvement of the ship in incidents due to failure to comply with operational re quirements;
evidence, from the witnessing of fire or abandon ship drills, that the crew are not familiar with essential procedures;
absence of an up-to-date muster list;
indications that key crew members may not be able to communicate with each other or with other persons on board.
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.
When deficiencies are found during the inspection, the nature of the deficiencies and the corresponding action taken are filled in on the inspection report. Some examples of actions taken are: ‘master instructed to rectify deficiency before departure’, ‘ship detained’, ‘flag State informed’, etc.
The descriptions of all codes for “action-taken” can be found on the reverse side of Form B of the inspection report.
In principle, all deficiencies must be rectified before departure of the ship. It is up to the professional judgement of the PSCO to decide that he has to board the ship on a second occasion to check personally if all deficiencies have indeed been rectified.
The following are the main criteria for the detention of a ship:
a ship which is unsafe to proceed to sea will be detained upon the first inspection, irrespective of the time the ship is scheduled to stay in port;
the deficiencies on a ship are so serious that they will have to be rectified before the ship sails.
In case deficiencies are clearly hazardous to safety, health or the environment, the maritime authorities will ensure that the hazard is rectified before the ship is allowed to proceed to sea and for this purpose they will either detain the vessel or issue a formal prohibition of a ship to continue an operation. The flag State will be notified as soon as possible.
If deficiencies cannot be remedied in the port of inspection, the maritime authority may allow the ship to proceed to another port, subject to any appropriate conditions determined by the maritime authority of the port of departure, with a view to ensuring that the ship can so proceed without unreasonable danger to safety, health or the environment. In this case a follow-up inspection will normally be carried out in this respective port.
In the event of a detention of a ship, the PSCO will note information on the owner or operator of the vessel at the time of the detention. The master will be asked to sign to confirm this information.
When a ship has been detained all costs accrued by the port State to inspect the ship will be charged to the owner or the operator of the ship or to his representative in the port State.
The detention shall not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.
The owner or the operator of a ship has a right of appeal against a detention decision taken by the port State authority. An appeal will not however result in the detention being immediately lifted.
On the conclusion of an inspection, the master of the ship will be provided with a document, which will indicate the results of the inspection and details of any action required to be taken.
Grounds for a more detailed inspection
Clear grounds for a more detailed inspection are, amongst others:
a report or notification by another authority;
a report or complaint by the master, a crew member, or any person or organization with a legitimate interest in the safe operation of the ship, unless this complaint is clearly deemed to be unfounded;
other indications of serious deficiencies.
In addition there are requirements for expanded inspections for bulk carriers and tankers above a certain age and for passenger ships.
With regard to complaints received from masters or crew members the port State control authority receiving such complaint has the obligation not to disclose the source of information. In other words masters or crew members will not face risk of reprisal.