seaworthiness of vessels to avoid pollution) contemplates for the port state to
determine the seaworthiness of foreign ships and impose measures such as detention
of substandard vessels. Art. 219 specifies that states that have
ascertained that a vessel within one of their ports or at one of their off-shore terminals is in
violation of applicable international rules and standards relating to seaworthiness of vessels
and thereby threatens damage to the marine environment shall, as far as practicable, take
administrative measures to prevent the vessel from sailing. Such states may permit the vessel
to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the
violation, shall permit the vessel to continue immediately.
22
Art. 231 (Notification to the flag state and other states concerned) establishes the
port state’s obligation to notify the flag state “of any measures taken. . . against
foreign vessels, and shall submit to the flag state all official reports concerning such
measures.” It also requires that the same information be immediately communicated
to the “diplomatic agents or consular officers and where possible the maritime
authority of the flag state.”
23 Art. 218 (Enforcement by port states) regulates the
conduct of investigations and subsequently the institution of proceedings against
ships found in violation of discharge regulations under a number of different
circumstances.
24 Art. 226 (Investigation of foreign vessels) enshrines some basic
tenets in the conduct of port state control such as prompt release, avoiding undue
delays, limiting inspections to the examination of certificates and related documents,
and laying down the principles for clear grounds for conducting a more detailed
inspection.
25
1.2 IMO and ILO Conventions
Port state control provisions are also found in a number of IMO and ILO conventions. In SOLAS, these are found in Chapters I, IX, XI-1, and XI-2. Chapter I
(General provisions), Regulation 19 (Control) provides that “Every ship when in a
port of another Contracting Government is subject to control by officers duly
authorized by such Government in so far as this control is directed towards verifying
that the certificates.” Chapter IX (Management for the safe operation of ships),
Regulation 6.2 (Verification and control) specifies that, “A ship required to hold a
certificate issued pursuant to the provisions of regulation 4.3 shall be subject to
control in accordance with the provisions of regulation XI/4.” Chapter XI-1 (Special
measures to enhance maritime safety), Regulation 4 (Port state control on operational requirements) provides that, “A ship when in a port of another Contracting
Government is subject to control by officers duly authorized by such Government
22 UNCLOS, Article 219.
23 UNCLOS, Article 231.
24 UNCLOS, Article 218.
25 UNCLOS, Article 226.
Air Pollution, Climate Change, and Port State Control
529
determine the seaworthiness of foreign ships and impose measures such as detention
of substandard vessels. Art. 219 specifies that states that have
ascertained that a vessel within one of their ports or at one of their off-shore terminals is in
violation of applicable international rules and standards relating to seaworthiness of vessels
and thereby threatens damage to the marine environment shall, as far as practicable, take
administrative measures to prevent the vessel from sailing. Such states may permit the vessel
to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the
violation, shall permit the vessel to continue immediately.
22
Art. 231 (Notification to the flag state and other states concerned) establishes the
port state’s obligation to notify the flag state “of any measures taken. . . against
foreign vessels, and shall submit to the flag state all official reports concerning such
measures.” It also requires that the same information be immediately communicated
to the “diplomatic agents or consular officers and where possible the maritime
authority of the flag state.”
23 Art. 218 (Enforcement by port states) regulates the
conduct of investigations and subsequently the institution of proceedings against
ships found in violation of discharge regulations under a number of different
circumstances.
24 Art. 226 (Investigation of foreign vessels) enshrines some basic
tenets in the conduct of port state control such as prompt release, avoiding undue
delays, limiting inspections to the examination of certificates and related documents,
and laying down the principles for clear grounds for conducting a more detailed
inspection.
25
1.2 IMO and ILO Conventions
Port state control provisions are also found in a number of IMO and ILO conventions. In SOLAS, these are found in Chapters I, IX, XI-1, and XI-2. Chapter I
(General provisions), Regulation 19 (Control) provides that “Every ship when in a
port of another Contracting Government is subject to control by officers duly
authorized by such Government in so far as this control is directed towards verifying
that the certificates.” Chapter IX (Management for the safe operation of ships),
Regulation 6.2 (Verification and control) specifies that, “A ship required to hold a
certificate issued pursuant to the provisions of regulation 4.3 shall be subject to
control in accordance with the provisions of regulation XI/4.” Chapter XI-1 (Special
measures to enhance maritime safety), Regulation 4 (Port state control on operational requirements) provides that, “A ship when in a port of another Contracting
Government is subject to control by officers duly authorized by such Government
22 UNCLOS, Article 219.
23 UNCLOS, Article 231.
24 UNCLOS, Article 218.
25 UNCLOS, Article 226.
Air Pollution, Climate Change, and Port State Control
529