Directives capture the tenets of the Memorandum of Understanding and give it
regulatory and enforcement powers.
78
Generally, under port State control, where inspections reveal deficiencies a
number of actions may be taken including the following:
1. Deficiencies can be rectified within 14 days for minor infractions.
2. Under specific conditions, deficiencies can be rectified when the ship arrives at
the next port.
3. Deficiencies must be rectified before the ship can depart the port.
4. The ship may be detained.
In order that inspections are not discriminatory and do not delay ships unduly
while in port, the IMO has provided procedures for conducting port State
inspections.
79
It is also worth noting that IMO has provided guidance with respect to applicable
conventions and how they should apply with respect to port State control inspections. Some of the conventions include the SOLAS Protocol, MARPOL 73/78,
STCW and the Anti-fouling convention.
80
It is important to mention that with respect to the key conventions mentioned
above, the no favourable treatment clauses are applicable, hence non-State parties
where they do not have the relevant certificates would be subjected to inspection
with a view to ensuring compliance with the tenets of the conventions.
For the purpose of guidance to port State control inspectors, the generality of
inspections may be carried out to ensure some or all of the following:
(i) Navigate safely
(ii) Handle and monitor the condition of the cargo
(iii) Operate the engine room safely
(iv) Maintain proper propulsion and steering
(v) Fight fires effectively
(vi) Abandon ship readily if need be
(vii) Prevent pollution of the environment
(viii) Maintain adequate stability
(ix) Maintain adequate watertight integrity
(x) Communicate effectively in situations of distress
(xi) Provide safe and healthy conditions on board.
78 EU Directive 2009/16/ EC of the European Parliament and of the Council of 23rd April 2009 on
Port State control.
79 See IMO Resolution A. 1052(27) of 2011, updated from time to time.
80 International Convention on the Control of Harmful Anti-fouling Systems on Ships, (AntiFouling Convention), 2001, IMO Doc. AFS/CONF/26.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
519
regulatory and enforcement powers.
78
Generally, under port State control, where inspections reveal deficiencies a
number of actions may be taken including the following:
1. Deficiencies can be rectified within 14 days for minor infractions.
2. Under specific conditions, deficiencies can be rectified when the ship arrives at
the next port.
3. Deficiencies must be rectified before the ship can depart the port.
4. The ship may be detained.
In order that inspections are not discriminatory and do not delay ships unduly
while in port, the IMO has provided procedures for conducting port State
inspections.
79
It is also worth noting that IMO has provided guidance with respect to applicable
conventions and how they should apply with respect to port State control inspections. Some of the conventions include the SOLAS Protocol, MARPOL 73/78,
STCW and the Anti-fouling convention.
80
It is important to mention that with respect to the key conventions mentioned
above, the no favourable treatment clauses are applicable, hence non-State parties
where they do not have the relevant certificates would be subjected to inspection
with a view to ensuring compliance with the tenets of the conventions.
For the purpose of guidance to port State control inspectors, the generality of
inspections may be carried out to ensure some or all of the following:
(i) Navigate safely
(ii) Handle and monitor the condition of the cargo
(iii) Operate the engine room safely
(iv) Maintain proper propulsion and steering
(v) Fight fires effectively
(vi) Abandon ship readily if need be
(vii) Prevent pollution of the environment
(viii) Maintain adequate stability
(ix) Maintain adequate watertight integrity
(x) Communicate effectively in situations of distress
(xi) Provide safe and healthy conditions on board.
78 EU Directive 2009/16/ EC of the European Parliament and of the Council of 23rd April 2009 on
Port State control.
79 See IMO Resolution A. 1052(27) of 2011, updated from time to time.
80 International Convention on the Control of Harmful Anti-fouling Systems on Ships, (AntiFouling Convention), 2001, IMO Doc. AFS/CONF/26.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
519