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Annex 3
FACTS REGARDED AS “CLEAR GROUNDS”

1.    The Authorities will regard as “clear grounds” inter alia the following:

1. a report or notification by another Authority;

2. a report or complaint by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Authority concerned deems the report or complaint to be manifestly unfounded. The identity of the person lodging the report or the complaint must not be revealed to the master or the ship owner of the ship concerned.

3. other indications which may warrant a more detailed or an expanded inspection, having regards, in particular to Annex 2.

1. For the purposes of control on compliance with on-board operational requirements, specific “clear grounds” are the following:
1. evidence of operational shortcoming revealed during port State control procedures in accordance with SOLAS 74, MARP[OL 73/78 and STCW 1978:
2. evidence of cargo and other operations not being conducted safely or in accordance with IMO guidelines;
3. involvement of the ship in incidents due to failure to comply with operational requirements;
4. evidence, from the witnessing of a fire and abandon ship drill, that the familiar with essential procedures;
5. absence of an up-to-date muster list;
6. Indications that the relevant crew members are unable to communicate appropriately with each other, or with other persons on board, or that the ship is unable to communicate with the shore-based authorities either in a common language or in the language of those authorities.

Annex 4
QUALIFICATION CRITERIA FOR PORT STATE CONTROL OFFICERS

1. In pursuance of the provisions of 3.5 of the Memorandum. The port State control Officers must be properly qualified and authorised by the Authority to carry out port State control inspections.

2. properly qualified port State control Officer must have completed a minimum of one year’s service as a flag State surveyor dealing with surveys and certification in accordance with the relevant instruments and be in possession of:

1. a certificate of competency as master, enabling that person to take command of a ship as specified in STCW, Regulation II/2,or
2. a certificate of competency as chief engineer, enabling that person to take up that task on board a ship as specified in STCW, regulation II/2, or
3. has passed an examination as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in that capacity for a least 5 years, or
4. has an equivalent qualification as determined by the Administration.
The Port State Control Officers mentioned under 1 and 2 above must have served for a period of not less than five years at sea as Officer in the deck or engine department.
2. Alternatively, a Port State Control Officer is deemed to be property qualified if that
person: 1. holds a relevant university degree or an equivalent training, and
2. has been trained and qualified at a school for ship safety PSCOs, and
3. has served at least 2 years as a Flag State surveyor dealing with surveys and certification in accordance with the relevant instruments.
3. A properly qualified port State Control Officer must be able to communicate orally and in Writing with seafarers in the language most commonly spoken at sea.
4. A properly qualified Port State Control Officer must have appropriate knowledge of the Provisions of the relevant instruments and of the relevant procedures on Port State Control.
5. Port State Control Officers not fulfilling the above criteria are also accepted if they are Employed for Port State Control by the Authorities, two (2) years before the date of the Memorandum was signed.

Annex 5
REQUIREMENTS FOR THE IDENTITY CARD FOR PORT STATE CONTROL OFFICERS

The identity card shall contain at least the following information:

a) name of issuing Authority:
b) full name of the holder
c) an up-to date picture of the holder of the identity card;
d) the signature of the holder of the identity card;
e) a statement to the effect that the holder of the identity card is authorised to carry out inspections in accordance with national legislations.

If the main language used on the identity card is not English, it must include a translation into that language. The format of the identity card is left to the discretion of the competent Authorities.

Annex 6
REPORT OF INSPECTION IN ACCORDANCE WITH WEST AND CENTRAL AFRICAN MEMORANDUM OF UNDERSTANDING ON PORT STATE CONROL

Please See attached Word document.
Click here to download Annex 6 documentation.

Annex 7
EXCHANGE OF MESSAGES BY REGION AUTHORITIES IN ACCORDANCE WITH SECTION 3.8 OF THE MEMORANDUM

1. In case of deficiencies not fully or provisionally repaired, a message shall be sent to the competent Authority of the region State where the next port of call of the ship is situated.

2. The exchange of messages as in paragraph 1 above, shall take effect through use of communication facilities incorporated in the information system as described in Annex and /or by facsimile on the form contained in the Appendix to this Annex.

3. Each messages as in paragraph 1 above, shall contain the following information:

- Date:
- From (country)
- Port:
- To (country):
- Port:
- A statement reading deficiencies:
- Name of ship:
- IMO identification number (if available):
- Official number:
- Type of ship:
- Flag of ship:
- Call sign:
- Gross tonnage
- Year of build:
- Issuing Authority(ies) of relevant certificate (s):
- Date of departure:
- Estimated place and time of arrival:
- Nature of deficiencies:
- Action taken:
- Suggested action at next port of call:
- Name and facsimile number of sender.

REPORT OF DEFICIENCIES NOT FULLY RECTIFIED OR ONLY PROVISIONALLY REPAIRED

In accordance with the Memorandum of Understanding on Port State Control in the West and Central African Region

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