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Annex 9
QUALITATIVE CRITERIA FOR ADHERENCE TO THE MEMORANDUM IN ACCORDANCE WITH ADMINISTRATIVE PRIORITIES OF THE MEMIRANDUM


Qualitative criteria
A Maritime Authority of a State may adhere as a full member, provided that all of the following qualitative criteria have been met:

1. Such Maritime Authority shall explicitly subscribe to the commitments under the Memorandum with a view to contributing to the common endeavour to eliminate the operation of sub-standard ships;
2. Such Maritime Authority shall take all necessary measures to encourage the ratification of all relevant instruments in force.
3. Such Maritime Authorities shall have sufficient capacity, logistically and substantially, to appropriately enforce compliance with international maritime standards regarding maritime safety, pollution prevention and living and working conditions on board with regard to ships entitled to fly its flag, which shall include the employment of properly qualified PSCOs acting under the responsibility of its Administration, to be demonstrated to the satisfaction of the Committee referred to in Section 7.1 of the Memorandum.

4. Such Maritime Authority shall have sufficient capacity, logistically and substantially, to comply in full with provisions and activities specified in the Memorandum in order to enhance its commitment, which shall include the employment of properly qualified port State Control officers acting under the responsibility of its Administration, to be demonstrated to the satisfaction of the Committee referred to in Section 7.1. of the Memorandum.
5. Such Maritime Authority shall, as of its effective date of membership, establish an on-line connection to the information system referred to in Annex 8.
6. Such Maritime Authority shall sign a financial agreement for paying its share in the operating cost of the Memorandum and shall, as of its effective date pay its financial contribution to the budget as approved by the Committee referred to in 7.1. of the Memorandum.


Assessment of compliance with the above conditions shall only be valid for each individual case and shall not create a precedent for any future cases, neither for the Authorities present under the Memorandum nor for the potential new signatory.

Annex 10
FUNCTIONS OF THE SECRETARIAT OF THE MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL


The Secretariat, acting under guidance of the Committee and within the limits of the resources available to it, will:

  • Prepare meetings, circulate papers and provide such assistance as may be required to enable the Committee to carry out its functions;
  • Facilitate the exchange of information, carry out the procedures outlined in Annex 8 of the Memorandum and prepare reports as may be necessary for the purpose of the Memorandum;
  • Carry out such other work as may be necessary for it to ensure the effective operation of the Memorandum.

    On the basis of these tasks, an indication is given below of the services the Secretariat could provide for. The listed items only serve an illustrative purpose.. Decisions on the tasks of the Secretariat will have to be taken by the Committee as reflected in section 7 of the Memorandum.

    The Secretariat* would:
  • Assist the Committee in organising the meetings of the Committee;
  • Prepare papers for the meetings of the Committee as instructed by the Committee or on proposal of individual meetings;
  • Circulate papers among the Members of the Committee, IMO, ILO or any other institution or body as deemed necessary by the Committee;
  • Prepare draft summary records of the meetings of the Committee and any other paper that results from the meetings for approval by the Committee;
  • Present information on developments on port State control in international bodies, such as IMO and ILO on request and on behalf by the Committee;
  • Supply information on the Memorandum of Understanding to other interested Authorities, bodies and organisations on request and on behalf of the Committee;
    N.B.:

    - present statistical information on deficiencies founds as well as analysis of the nature of the deficiencies;
    - present statistical information on the in sections by the maritime Authorities; which were previously included within the tasks of the Secretariat, should be included within the tasks of the Information Centre.
    - deal administratively with request s of Authorities to accede according to the formal procedure for accession as requested by the Committee;
    - provide each year before 31 September a budget proposal for the work of the Secretariat;
    - each year before 31 March render an account on the previous year, including suggestions for payment or additional payment;
    - inform the Committee on any other financial aspects of the West and Central African Memorandum of Understanding.

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