concerning operational requirements in respect of the safety of ships, when there are
clear grounds for believing that the master or crew are not familiar with essential
shipboard procedures relating to the safety of ships.” Finally, Chapter XI-2 (Special
measures to enhance maritime security), Regulation 9 (Control and compliance
measures) provides for a duly authorized officer, as part of a regular PSC inspection,
to verify that there is a valid International Ship Security Certificate (ISSC) on board.
The port state control provisions in MARPOL are found in Articles 5 and 6, as
well as specific regulations in all of its six Annexes. Article 5 (Certificates and
special rules on inspection of ships) deals with inspections to verify that there is on
board a valid certificate, while Article 6 (Detection of violations and enforcement of
the convention) provides for inspections to verify whether a ship has discharged any
harmful substances in violation of MARPOL. The six Annexes contain provisions
that establish a state’s jurisdiction to inspect ships calling in its ports where there are
clear grounds for believing that the master or crew are not familiar with essential
shipboard procedures relating to the prevention of pollution by oil,
26 noxious liquid
substances,
27 harmful substances,
28 sewage,
29 garbage,
30 and prevention of air
pollution from ships.”
31 Regulation 10 of Annex VI also provides that, in relation
to Chapter IV, PSC inspections “shall be limited to verifying, when appropriate, that
there is a valid International Energy Efficiency Certificate and Statement of Compliance related to fuel oil consumption reporting and on board.” Regulation
11 (Detection of violations and enforcement) of the same Annex also establishes
the port state’s jurisdiction to inspect foreign ships for the purpose of “verifying
whether the ship has emitted any of the substances covered by this Annex.”
The PSC provision in the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, is found
in Article X (Control), which declares that foreign ships “are subject, while in the
ports of a Party, to control by officers duly authorized by that Party to verify that all
seafarers serving on board who are required to be certificated by the Convention are
so certificated or hold an appropriate dispensation.”
32 Regulation 5.2.1 (Inspections
in port) of the Maritime Labour Convention (MLC), 2006, as amended, provides that
foreign ships calling in the port of a state party may be inspected “for the purpose of
26 MARPOL, Annex I (Regulations for the prevention of pollution by oil), Regulation 11 (Port state
control on operational requirements).
27 MARPOL, Annex II (Regulations for the control of pollution by noxious liquid substances in
bulk), Regulation 16.9 (Port state control on operational requirements).
28 MARPOL, Annex III (Prevention of pollution by harmful substances carried by sea in packaged
form), Regulation 9 (Port State control on operational requirements).
29 MARPOL, Annex IV (Prevention of Pollution by Sewage from Ships), Regulation 13 (Port state
control on operational requirements).
30 MARPOL, Annex V (Prevention of Pollution by Garbage from Ships), Regulation 9 (Port state
control on operational requirements).
31 MARPOL, Annex VI (Regulations for the Prevention of Air Pollution from Ships), Regulation
10 (Port state control on operational requirements).
32 STCW, Article X.
530
M. Q. Mejia, Jr.
clear grounds for believing that the master or crew are not familiar with essential
shipboard procedures relating to the safety of ships.” Finally, Chapter XI-2 (Special
measures to enhance maritime security), Regulation 9 (Control and compliance
measures) provides for a duly authorized officer, as part of a regular PSC inspection,
to verify that there is a valid International Ship Security Certificate (ISSC) on board.
The port state control provisions in MARPOL are found in Articles 5 and 6, as
well as specific regulations in all of its six Annexes. Article 5 (Certificates and
special rules on inspection of ships) deals with inspections to verify that there is on
board a valid certificate, while Article 6 (Detection of violations and enforcement of
the convention) provides for inspections to verify whether a ship has discharged any
harmful substances in violation of MARPOL. The six Annexes contain provisions
that establish a state’s jurisdiction to inspect ships calling in its ports where there are
clear grounds for believing that the master or crew are not familiar with essential
shipboard procedures relating to the prevention of pollution by oil,
26 noxious liquid
substances,
27 harmful substances,
28 sewage,
29 garbage,
30 and prevention of air
pollution from ships.”
31 Regulation 10 of Annex VI also provides that, in relation
to Chapter IV, PSC inspections “shall be limited to verifying, when appropriate, that
there is a valid International Energy Efficiency Certificate and Statement of Compliance related to fuel oil consumption reporting and on board.” Regulation
11 (Detection of violations and enforcement) of the same Annex also establishes
the port state’s jurisdiction to inspect foreign ships for the purpose of “verifying
whether the ship has emitted any of the substances covered by this Annex.”
The PSC provision in the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, is found
in Article X (Control), which declares that foreign ships “are subject, while in the
ports of a Party, to control by officers duly authorized by that Party to verify that all
seafarers serving on board who are required to be certificated by the Convention are
so certificated or hold an appropriate dispensation.”
32 Regulation 5.2.1 (Inspections
in port) of the Maritime Labour Convention (MLC), 2006, as amended, provides that
foreign ships calling in the port of a state party may be inspected “for the purpose of
26 MARPOL, Annex I (Regulations for the prevention of pollution by oil), Regulation 11 (Port state
control on operational requirements).
27 MARPOL, Annex II (Regulations for the control of pollution by noxious liquid substances in
bulk), Regulation 16.9 (Port state control on operational requirements).
28 MARPOL, Annex III (Prevention of pollution by harmful substances carried by sea in packaged
form), Regulation 9 (Port State control on operational requirements).
29 MARPOL, Annex IV (Prevention of Pollution by Sewage from Ships), Regulation 13 (Port state
control on operational requirements).
30 MARPOL, Annex V (Prevention of Pollution by Garbage from Ships), Regulation 9 (Port state
control on operational requirements).
31 MARPOL, Annex VI (Regulations for the Prevention of Air Pollution from Ships), Regulation
10 (Port state control on operational requirements).
32 STCW, Article X.
530
M. Q. Mejia, Jr.