Abuja MoU. :::: Download Center Memorandum of Understanding page 7

[SECTION 1]   GENERAL

1.1.   Guidelines to be observed in the inspection of foreign ships

The guidelines mentioned in section 3.1. of the Memorandum refer to the relevant provisions of the following:

a) procedures for Port State Control (IMO Resolution A.787 (19);
b) principles of Safe Manning (IMO resolution A. 481 (XII) and Annexes which are contents of Minimum safe Manning Document (Annex 1) and Guidelines for the application of Principles of Safe Manning (Annex 2);
c) the provisions of the International Maritime Dangerous Goods Code;
d) ILO publication “Inspection of labour conditions on board Ship: Guidelines for procedure”
e) The procedures laid down in the Annex to the Memorandum

1.2.  Principles governing rectification of deficiencies or detention of a ship
In taking a decision concerning the rectification of a deficiency or detention of a ship, the PSCO Shall take into consideration the results of the detailed inspection carried out in accordance with section 3. The PSCO shall exercise his professional judgement in determining whether to detain the ship until the deficiencies are corrected or to allow it to sail with certain deficiencies without unreasonable danger to the safety, health or the environment, having regard to the particular circumstances of the intended voyage. As regards minimum manning standards and the provisions of ILO Convention No. 147, special procedures shall be observed set out in section 3 and 4 of this Annex.

1.3.   Application of the clause of “ no more favourable treatment”
In applying Section 2.4 of the Memorandum the following shall be observed. Ships entitled to fly the flag of a State which is not a party to a relevant instrument listed in Section 2 and thus not provided with certificates representing prima facie evidence of satisfactory conditions on board, shall receive a detailed inspection. In making such an inspection the PSCO should follow the same guidelines as provided for ships to which the relevant instruments are applicable. The conditions of and on such a ship and its equipment and the certification of the crew, its number and composition shall be compatible with the aims of the provisions of a relevant instrument otherwise the ship shall be subject to such restrictions as are necessary to obtain a comparable level of safety.

[SECTION 2]   THE SAFETY OF THE SHIPS AS RELATED TO SOLAS 74/78, LOADLINES 66,COLREG 72, AND MARPOL; 73/78

2.1.  More detailed inspection

In so far as there are clear grounds for a more detailed inspection relating to the provisions of the SOLAS Convention, the Protocol thereto, the Load Lines Convention, CORLED 72 and MARPOL 73/78, the PSCO when carrying out this inspection shall take into account the considerations given the “Procedures for Port State Control “(IMO Resolution A.787 (19), the provisions of the International Maritime Dangerous Goods Code and the provisions of Section 4 with regards to living and working conditions on board ships.

[SECTION 3]   MINIMUM MANNING STANDARDS AND CERTIFICATION

3.1. Introduction

The guiding principle for port state inspection of the manning of a foreign ship should be to establish conformity with the Flag State’s safe manning requirements. Where this is in doubt the flag State should be consulted. Such safe manning requirements stem from:

a) the International Convention for the Safety of Life at Sea (SOLAS) 1974:
b) the Merchant Shipping (Minimum Standards) Convention 1976 (ILO Convention 147) which inter alia refers to the ILO Convention No. 53 Articles 3 and 4;
c) the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW) 1978, as amended:
d) the Contents of Minimum Safe Manning Document (IMO Resolution A.481 (XII).
Annex1); e) the Guidelines for the Application of Principles of Safe Manning (IMO Resolution A.481 (XII).
Detention as port State action shall only be taken on the grounds laid down in the relevant instruments.

3.2. Manning Control

3.2.1.   If a ship is manned in accordance with a safe manning document or equivalent document issued by the Flag State, the PSCO should accept that the ship is safely manned unless the document has clearly been issued without regards to the principles contained in the relevant instruments and in the IMO Guidelines for the Application of Principles of Safe Manning. In this last case, the PSCO should act according to the procedures defined in paragraph 3.2.3.

3.2.2.   If the actual crew number or composition does not conform to the manning document, the port State Control should request the Flag State for advice whether or not the ship can sail with the actual number of crew and its composition. Such request be made as quick as possible. The reply, if any, from the Flag State should be confirmed by telex/telefax. If the actual crew number and composition is not brought into accordance with the safe manning document or the flag State does not advise that the ship could sail, the ship may be considered for detention after the criteria set out in paragraph 3.4. of this Annex have been taken into proper account.

3.2.3.   If the ship does not carry a safe manning document or equivalent, the port State should request the flag State to specify the required number of crew and its composition and to issue a document as quickly as possible. In case of the actual number or composition of the crew does not conform to the specifications received from the flag State, the procedure as contained as a contained in paragraph 3.2..2. applies. If the flag State does not respond to the request this will be considered as a clear ground for a more detailed inspection to ensure that the number and composition of the crew is in accordance with the principles laid down in paragraph 3.1. The ship shall only be allowed to proceed if it is safe to do so, taking into account the criteria for detention under paragraph 3.4. In any such case the minimum standards to be applied shall be no more stringent than those applied to ships flying the flag of the port State. The lack of a safe manning document shall be reported as a deficiency.

3.3 Certification Control

3.3.1    General certification control upon ships should be carried out in accordance with the procedures stipulated In Article X and in Regulation ¼ of the STCW Convention.

3.3.2    Certification control upon ships engaged in the carriage of liquid hazardous cargo in bulk should be more stringent. The PSCO should satisfy himself that the officers responsible for cargo handling and operation possess documentary evidence of having had the appropriate training and experience. No exemption from the carriage of such documentary evidence should be accepted. Where a deficiency is found the master should be informed and the deficiency rectified. With regard to appropriate training, reference is made to chapter V of the STCW Convention, to resolutions 10, 11 and 12 adopted by the International Convention on Training, Certification and Watchkeeping of Seafarers 1978 and to the relevant sections of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Code for the Construction and Equipment of Ships Carrying liquefied Gases in Bulk.

3.4. Detention

Before detaining a ship under paragraph 3.2. or 3.3. of this Annex, the following circumstances should be considered:

a) length and nature of the intended voyage or service;
b) whether or not the deficiency poses a danger to ship, persons on board or the environment;
c) whether or not appropriate rest periods of the crew can be observed;
d) size and type of ship and equipment provided;
e) nature of cargo

The absence of a Deck or Engineer Officer required to be certificated should not be grounds for detention whether the absence is in accordance with any exceptional provisions approved by the flag State.