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[SECTION 1]    COMMITMENTS

1.1.   Each Authority will give effect to the provisions of the present Memorandum and the Annex thereto, which constitute an integral part of the Memorandum, and take all necessary steps to ratify or accede instruments relevant for the purposes of this Memorandum.

1.2.   Each Authority will establish and maintain an effective system of Port State Control with a view to ensuring that without discrimination as to flag, foreign merchant ships visiting the ports of its State comply with the standards laid down in the relevant instruments defined in Section 2.

1.3.   Each Authority will achieve, within a period of 3 years from the coming into effect of the Memorandum an annual total inspections corresponding to 15% of the estimated number of individual foreign merchant ships, hereinafter referred to as “ ships”, which entered the ports of its State during a recent representative period of 12 months. The Committee established pursuant to Section 7.1 will monitor the overall inspection activity and its effectiveness throughout the region. The Committee will also adjust the target inspection rate based on experience gained and progress made in the implementation of the Memorandum of understanding.

1.4   Each Authority will consult, co-operate and exchange information with the other Authorities in order to further the aims of the Memorandum.

[SECTION 2]   RELEVANT INSTRUMENTS

2.1   For the purposes of the Memorandum “relevant instruments” are, together with the Protocols and amendments to these instruments and related codes of mandatory status as and when they come into force the following instruments:

• - The International Convention on Load Lines, 1966 (LOADLINE 66)
• - The International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);
• - The Protocol of 1978 relating to the International Convention for Safety of Life at sea, 1974;
• - The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relation thereto (MARPOL 73/78);
• - The International Convention on standards of Training, Certification and Watchkeeping for seafarers, 1978 (STCW 78);
• - The Convention on the International Regulations for preventing Collisions at Sea, 1972;(COLREG 72)
• - The International Convention on Tonnage Measurement of Ships, 1969; (TONNAGE 69)
• - The Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No.147),

2.2   With respect to the merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention 147), each Authority will apply the instructions in Annex 1 for the application of ILO publication ‘’Inspection of Labour Conditions on board Ship: Guidelines for procedure”.

2.3.   Each Authority will apply those relevant instruments which are in Force and to which its State Is a Party. In the case of amendments to a relevant instrument each Authority will apply those amendments which are in force and which its State has accepted. An instrument so amended will then be deemed to be the “relevant instrument “ for that Authority.

2.4.   When inspecting a ship flying the flag of s State not party to a Convention or to a “relevant instrument” as amended for the purpose of port State control, the Authorities which are party to such Convention or “relevant instrument”, as amended, shall ensure that thee treatment given to such ship and its crew is not more favourable than that given to ships flying the flag of State which is party to that Convention or “relevant instrument”.

2.5.   In the case of ships below 500 Gross Tonnage, the Authorities will apply those requirements of the relevant instruments which are applicable and will to the extent that a relevant instrument does not apply take such action as may be necessary that those ships are not clearly hazardous to safety, health or the environment having regard, in particular to Annex 2.

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