Abuja MoU. :::: Survey Procedures

Survey Procedures |

INSPECTION PROCEDURES, RECTIFICATION AND DETENTION

The relevant authorities represented by Port State Control Officers (PSCOs) carry out inspections which consist of a visit on board a ship in order to check the validity of the certificates and other documents relevant for the purposes of the Memorandum. They also check the condition of the ship, its equipment, crew, as well as the living and working conditions for the crew.

However, where there are clear grounds for believing that the condition of a ship or of its equipment or crew does not substantially meet the requirements of a relevant instrument more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements.

In selecting ships for inspection, the authorities would consider the following:

Ships visiting a port of a State, the Authority of which is a signatory to the Memorandum, for the first time or after an absence of 12 months or more;
Ships which have been permitted to leave the port of a State, the Authority of which is a signatory to the Memorandum, on the condition that the deficiencies noted must be rectified within a specified period, upon expiry of such period;
Ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation;
Ships whose statutory certificates on the ship’s construction and equipment, have not been issued in accordance with the relevant instruments;
Ships carrying dangerous or polluting goods, which have failed to report all relevant information concerning the ship ‘s particulars, the ship’s movements and concerning the dangerous or polluting goods being carried to the competent authority of the port and (or) coastal state;
Ships, which have been suspended from their class for safety reasons in the course of the preceding six months.

In the case of deficiencies, which are clearly hazardous to safety, health or the environment the Authority will detain the ship or will stop the operation in relation to which the deficiencies have been revealed. The detention order or the stoppage of the operation shall not be lifted until the hazard is removed..

In the event that a ship is detained, the Authority shall immediately inform the administration of the State whose flag the ship is entitled to fly and the Consul or, in his absence, its nearest diplomatic representative of the action taken. Where relevant, the organisation responsible for the issue of the certificates shall also be informed.

Where deficiencies cannot be remedied in the port of inspection, the Authority may allow the ship to proceed to another port, or the nearest repair yard subject to any appropriate conditions determined by that Authority with a view to ensuring that the ship can so proceed without danger to safety, health or the environment. In such circumstances, the Authority will notify the competent Authority of the State where the next port of call or the repair yard is situated. The Authority receiving such notification will inform the notifying Authorities of action taken.

When exercising control under the Memorandum, the Authorities will make all possible efforts to avoid unduly detaining or delaying a ship. Nothing in the Memorandum affects rights created by provisions of relevant instruments relating to compensation for undue detention or delay.

In case the master, owner or agent of the ship notifies the Port State Control Authorities prior to or upon arrival of the vessel at the port, of any damage, breakdown or deficiency to the ship, its machinery and equipment, which is intended to be repaired or rectified before the ship sails from that port, the detention should be issued only if deficiencies justifying detentions are found after master has given notification that the ship was ready for inspections. The same procedure applies when port State control Authorities are notified that the ship is scheduled to be surveyed at the port with respect to flag, statutory or class requirements.