What is the Mediterranean MoU on PSC?

Recognizing the need to increase maritime safety and the protection of the marine environment and the importance of improving living and working conditions on board ships;

Recalling the Declaration adopted on 28 November 1995 on the occasion of the Euro-Mediterranean Conference in Barcelona , establishing a Euro-Mediterranean partnership and including, inter alia, co-operation in maritime safety and pollution prevention in the Mediterranean basin;

Noting with appreciation the progress achieved in these fields, in particular by the International Maritime Organization (IMO) and the International Labour  Organization (ILO);

Noting also the contribution which has and which can be made by the European Community towards meeting the above-mentioned objectives;

Mindful that the principal responsibility for the effective application of standards laid down in international instruments rests upon the authorities of the State whose flag a ship is entitled to fly;

Recognizing nevertheless that effective action by port States is required to prevent the operation of substandard ships;

Recognizing also the need to avoid distorting competition between ports;

Convinced of the necessity, for these purposes, of an improved and harmonized system of port State control and of strengthening co-operation and the exchange of information;

Have reached the following:

1.1  

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

1.2  

Each Authority will maintain an effective system of Port State Control with a view to ensuring that, without discrimination as to flag, foreign merchant ships calling at a port of its State, or anchored off such a port, comply with the standards laid down in the relevant instruments as defined in section 2. Each Authority may also carry out controls on ships at off-shore installations.

1.3  

Each Authority will achieve, within a period of 3 years from the coming into effect of the Memorandum an annual total of 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 6.1 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.

1.5  

Each Authority, or any other body, as the case may be, will establish an appropriate procedure for pilot services and port authorities to immediately inform the competent Authority of the port State, whenever they learn in the course of their normal duties that there are deficiencies which may prejudice the safety of the ship, or which may pose a threat of harm to the marine environment.

3.1.1  

In implementing the Memorandum, the Authorities will carry out inspections which will 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 as well as the condition of the ship, its equipment and crew, as well as the living and working conditions of the crew.

3.1.2  

The Authority shall ensure that the inspector shall, as a minimum, check the certificates and documents listed in Annex 1, to the extent applicable and satisfy himself of the overall conditions of the ship including the engine room and the accommodations and the hygienic conditions.

3.2.1  

Whenever 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 a more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements.

3.2.2  

Clear grounds exist when the inspector finds evidence which in his professional judgement warrants a more detailed inspection of ship, equipment or crew. The Authorities will regard as clear ground, inter alia, those set out in Annex3.

3.2.3  

Nothing in these procedures should be construed as restricting the powers of the Authorities to take measures within its jurisdiction in respect of any matter to which the relevant instruments relate.

3.2.4  

The relevant procedures and guidelines for control of ships specified in Annex 1 shall also be applied.

3.3  

In selecting ships for inspection, the Authorities shall give priority to the following ships:

3.4  

The Authorities will seek to endeavour to inspect ships which have not been inspecting within the previous 6 months by other Authorities unless there are clear grounds for inspection. These procedures are not applicable to ships listed under 3.3 which may be inspected whenever the Authority deems appropriate.

3.5.1  

Inspections will be carried out only by a person, duly authorized by his Authority to carry out port State inspections and responsible to that Authority, who fulfils the requirements of paragraph 3.5.3 and the qualification criteria specified in Annex 7.

3.5.2  

The inspector carrying out port State control may be assisted by a person with the required expertise when such expertise cannot be provided by his Authority.

3.5.3  

The inspector carrying out port State control and the person assisting him shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall the inspector be employed or undertake work on behalf of non-governmental organizations which issue statutory and classification certificates or which carry out the surveys necessary for the issue of those certificates to ships.

3.5.4  

Each Inspector shall carry a personal document in the form of an identity card issued by his authority indicating that the inspector is authorized to carry out inspections. A common model for such an identity card is attached at Annex7.

3.6.1  

On completion of an inspection the master of ship shall be provided by the inspector with a document in the form specified in Annex 5 to this Memorandum of Understanding, giving the results of the inspection and details of any decision taken by the inspector and of the corrective action to be taken by the master, owner, or operator.

3.6.2  

The Authority shall be satisfied that any deficiencies confirmed or revealed by the inspection are rectified.

3.6.3  

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 the course of which the deficiencies have been revealed The detention order or the stoppage of the operation shall not be lifted until the hazard is removed, except under the conditions provided for in 3.8.1 below.

3.6.4  

When exercising his professional judgment as to whether or not a ship should be detained, the inspector shall be guided by the criteria set out in Annex 1.

3.6.5  

Where the ground for a detention is the result of accidental damage suffered on the ship’s voyage to a port or during cargo operations, no detention order will be issued, provided that:

1. due account has been given to the requirements contained in Regulation I/11(c) of SOLAS regarding notification to the flag Administration, the nominated surveyor or the recognized organization responsible for issuing the relevant certificate;

2. prior to entering a port or immediately after a damage has occurred, the master or ship owner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag Administration;

3. appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship, and

4. the Authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been addressed to the satisfaction of the Authority.

3.6.6  

In exceptional circumstances where, as a result of a more detailed inspection, the overall condition of a ship and its equipment, also taking the seafarers and their living and working conditions into account, is found to be obviously substandard, the Authority may suspend an inspection. The suspension of the inspection may continue until the responsible parties have taken the steps necessary to ensure that the ship complies with the requirements of the relevant instruments. Prior to suspending an inspection, the Authority must have recorded detainable deficiencies in several areas. The notification of the detention to the responsible parties will state that the inspection is suspended until the Authority has been informed that the ship complies with all relevant requirements.

3.7  

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 organization responsible for the issue of the certificates shall also be informed.

3.8.1  

Where deficiencies referred to in 3.6.3 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 region State where the next port of call or the repair yard is situated, the parties mentioned in 3.7 and any other Authority as appropriate. Notification to Authorities will be made in accordance with Annex 5. The Authority receiving such notification will inform the notifying Authority of action taken.

3.8.2  

The Authorities will take measures to ensure that ships referred to in 3.8.1 which either proceed to sea without complying with the conditions determined by the Authority which detained the ship or which do not call into the agreed port or yard to undertake repairs, shall be refused access to any port within this Memorandum until the owner or operator and the flag State notify the Authority of the State where the ship was found defective or the Authority which receives the vessel that the ship complies with all applicable requirements of the relevant instruments. In the latter case, the receiving Authority will notify all other Authorities of such compliance.

3.8.3  

In the exceptional event of "force majeure", access to a specific port may be permitted to minimize the risk of life or of pollution.

3.9  

The provisions of Section 3.7 and 3.8 are without prejudice to the requirements of relevant instruments or procedures established by international organizations concerning notification and reporting procedures related to port State control.

3.10  

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.

3.11  

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 recorded only if deficiencies justifying detentions are found after the master has given notification that the ship was ready for inspectors. The same procedure applies when the 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.

3.12  

In exceptional circumstances, when a ship on its way to a specified repair yard needs to call at a port for temporary repairs for safety reasons, it may be allowed into that port. All commercial operations are forbidden, except the unloading of its cargo if required for safety reasons. The ship may be allowed to proceed to the specified repair yard only if the flag State of the ship has issued statutory certificates to the ship restricting their validity to that specific voyage, and the port State is satisfied that such ship shall not pose undue risk to safety of ship, or to the environment or cause undue hardship to the crew.

3.13  

The owner or the operator of a ship will have the right of appeal against a detention decision to higher administrative Authority or to the Court of competent jurisdiction, according to the law in each country. However, an appeal shall not cause the detention to be suspended

3.14  

Should an inspection reveal deficiencies warranting detention of a ship, all costs relating to inspections subsequent to the first shall be covered by the ship owner or the operator. The detention shall not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.