Update on implementing Port State Control Directive 2009/16/EC
1. Introduction
1.1 MIN 380 referred to the introduction of a new inspection regime in the Paris Memorandum of Understanding (Paris MoU) region from 1 January 2011, and to implementing provisions of Directive 2009/16/EC on Port State Control (the Directive) in UK law.
1.2 UK regulations to implement the Directive are delayed, and this will have some effect on when the provisions are introduced.
1.3 The UK will apply the new inspection regime from 1 January 2011 since powers to inspect and detain ships as required by the Directive exist in the Merchant Shipping Act 1995 and regulations implementing the Conventions. The UK will also apply provisions of the existing Merchant Shipping (Port State Control) Regulations 1995 (SI 1995/3128) which are consistent with the Directive.
1.4 Where new law is needed, the requirements will not be applied until UK regulations are made. For example the reporting obligations of UK pilots and port authorities are unchanged till then. But ship owners should be aware that they may be subject to these rules when calling at ports or anchorages of other members of the Paris MoU.
2. Application
2.1 Port State control inspections will apply to foreign flag seagoing ships and their crews calling at UK ports, or anchorages within the jurisdiction of a port, to engage in a ship/port interface. A ship/port interface means that the ship is directly affected by the movement of persons or goods or the provision of port services to or from the ship.
2.2 Excluded vessels are listed in SI 1995/3128 regulation 3(2).
3. Ship selection rules
3.1 MIN 380 provides information on the ship risk profile which determines the frequency and type of ship inspection (initial, more detailed or expanded) to be carried out.
3.2 Calculators for ship risk profiles and company performance based on information entered by the user are provided on the Paris MoU website http://www.parismou.org and at
http://www.emsa.europa.eu/appl/SRP_Calculator.html
http://www.emsa.europa.eu/appl/Company_Performance_Calculator.html
3.3 Tables of flag performance and recognised organisation performance are published in Paris MoU Annual Reports at http://www.parismou.org and take effect from 1 July each year.
3.4 Flags which meet the flag criteria for determining low risk profile ships (the flag is on the Paris MoU white list and has completed an IMO Audit) are published on -
4. 72 hour notice of ship arrival for expanded inspections
4.1 Owners or masters of ships subject to expanded inspections should continue to report intended ship arrival directly to the MCA (not the port authority as indicated in MIN 380).
4.2 The information listed in Annex III of the Directive can be sent to the MCA Marine Office covering the port of destination, contact details can be found on www.mcga.gov.uk, or emailed to PSC_Headquarters@mcga.gov.uk.
4.3 The MCA will inform the ship if no expanded inspection will be carried out; bearing in mind that the owner or master of the ship may be required to allow sufficient time in the operating schedule for an expanded inspection to be completed at a following port of call in the Paris MoU region.
4.4 Ships subject to expanded inspection under the new inspection regime -
4.5 Surveys carried out on passenger ferries under Directive 1999/35/EC count as expanded inspections for port State control. Since the surveys are generally due at more frequent intervals a need to report for expanded inspection is unlikely to arise.
5. Refusal of access to ports and anchorages following multiple detention
5.1 Rules for refusing access to ports and anchorages following multiple detentions will not be applied in the UK until regulations to implement Directive 2009/16/EC are in place. (Rules for banning ships which fail to comply with conditions for release from detention to a repair yard under SI 1995/3128 regulation 13(5) still apply.)
6. Reports from pilots and port authorities on ships with deficiencies
6.1 Reporting obligations of UK port authorities and UK pilots in respect of deficiencies noted in the course of normal duties are unchanged until new regulations are made. The existing requirements can be found in SI 1995/3128, regulation 15. Port authorities should inform the MCA. Authorised pilots should inform the port authority authorising them; other pilots may inform the MCA or the authority of another memberState as appropriate.
7. Reports from port authorities on actual times of ship arrival and departure
7.1 Port authorities will not be required to provide actual times of arrival and departure of foreign flag ships calling at UK ports or anchorages until regulations to implement the Directive are in place.
7.2 The ability to fulfil this requirement is also dependant on delivery of a modified MCA data exchange system to receive port data and transfer it to EC data systems, probably in late 2011 or early 2012.
8 Complaints
8.1 The Directive requires the MCA to assess complaints received from persons or organisations with a legitimate interest in the safety of the ship and its crew, to determine whether the complaint is justified. The complainant will be notified of follow up action taken, or where the complaint is judged to be manifestly unfounded, the reasons for reaching this conclusion.
8.2 Where the complaint is considered justified, the MCA will ensure that anyone concerned by the complaint can make their views known. The confidentiality of crew members during interviews will be maintained, and the identity of the complainant will not be revealed to the ship master or owner. The flag State will be informed of the complaint and action taken, with a copy to the International Labour Organization where appropriate. An inspection may be carried out according to the professional judgement of the inspector.