scholarly journals Cumulative Analysis of Port State Control Based on Paris MoU Inspections

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Firat Bolat ◽  
Selcuk Alpaslan
Keyword(s):  
Pollution Prevention ◽  
Annual Reports ◽  
State Control ◽  
Geographical Regions ◽  
Strategic Measures ◽  
International Conventions ◽  
Financial Losses ◽  
Flag State ◽  
Port State Control

The Port State Control (PSC) was established to control ships entering ports or coastal facilities under its jurisdiction, with inspections by PSC officers aiming to determine whether ships meet safety and pollution prevention requirements and comply with the standards prescribed under the relevant international conventions. Annual reports based on PSC’s inspection reports are published under each memorandum of understanding (MoU) regime. The detailed inspection reports within the scope of the PSC, that contain a variety of information about vessels, and the processing and sharing of such information with other regional MoUs are intended to reduce the number of non-conforming practices in the global maritime system. In addition, PSCs publish lists of black, gray and white (BGW) flags, with the classification depending on the number of ship deficiencies and detentions. The classification is an indication of the quality of national flags. When a ship is found to have deficiencies, the inspection takes longer, and when the deficiencies are serious, the vessel is detained. Detention periods mean financial losses for the operator and loss of reputation for the flag state. Hence, the lists of black, gray and white flags published by the regional regimes are important in terms of reflecting the reputation of different countries. For these purposes, in this study, the inspections and detentions under the Paris MoU in 2019 have been examined and analyzed by countries and regions. Countries are categorized by UN geographical regions. In particular, the goal of the study was to identify the flag countries of the most frequently inspected and detained ships in 2019, as well as to determine the strategic measures developed by the countries and establish their differences and similarities compared to inspections and detentions in 2018.  In addition, the global COVID-19 pandemic in 2019 had a lockdown effect in the maritime domain and a profound effect on society, economy and health worldwide. The result of this study is the prediction of PSC efficiency in terms of the COVID-19 pandemic and the effect of the pandemic on the order of countries in the flag lists.

The Principle of Exclusive Flag State Jurisdiction

2020 ◽  
Vol 5 (2) ◽  
pp. 330-347
Author(s):  
Chris Whomersley
Keyword(s):  
Human Rights ◽  
State Control ◽  
Maritime Safety ◽  
Exclusive Jurisdiction ◽  
Judicial Decisions ◽  
Multiple Challenges ◽  
International Instruments ◽  
Flag State ◽  
Port State Control ◽  
High Seas

Abstract The principle that a ship is subject to the exclusive jurisdiction of the flag State on the high seas is firmly established. But given the prevalence of open registries and the multiple challenges in the maritime sphere, such as maritime safety, the popularity of cruise holidays, the promotion of human rights for those working at sea, and the need to combat iuu fishing, is it any longer tenable to slavishly follow the principle? International instruments and judicial decisions have emphasised the responsibilities of flag States. But States have also increasingly turned to other mechanisms, especially port State control, to deal with the various problems.

scholarly journals Analysis of Pollution Related Deficiencies Identified through PSC Inspections for the Period 2014–2018

2020 ◽  
Vol 12 (15) ◽  
pp. 5956
Author(s):  
Helena Ukić Boljat ◽  
Merica Slišković ◽  
Igor Jelaska ◽  
Anita Gudelj ◽  
Gorana Jelić Mrčelić
Keyword(s):  
Correlation Analysis ◽  
Pollution Prevention ◽  
State Control ◽  
International Convention ◽  
The World ◽  
Chi Squared ◽  
Insight Into ◽  
Port State Control

The aim of this paper is to analyze the available data on recorded ship deficiencies during ship inspections which are related to pollution prevention. The purpose of these inspections regulated under the different Port State Control (PSC) regimes’ Memorandum of Understanding (MoUs), is to detect and disable the operation of substandard ships. The data obtained were sorted according to the six Annexes of the International Convention for the Prevention of Pollution from Ships (MARPOL) Convention, and a comparison was made within the scope of each Memorandum of Understanding by each of the Annexes and antifouling system. By using a Chi-Squared test and correlation analysis, MoUs are compared and analyzed. The conclusions thus obtained provide an insight into the most common deficiencies regarding pollution prevention in the world fleet, revealing which standards are most often met and which are trying to achieve a better degree of compliance with the standards envisaged by law.

Deficiency Analysis of Different Ship Types Based on Taiwan PSC Data

2013 ◽  
Vol 690-693 ◽  
pp. 3396-3400
Author(s):  
Jing Chen ◽  
Yong Xing Jin ◽  
Jian Ming Chen ◽  
Jian Zhong Yuan
Keyword(s):  
Mathematical Statistics ◽  
State Control ◽  
The Past ◽  
International Conventions ◽  
Port State Control

The work Port State Control (PSC) lets ships more and more comply with the relevant international conventions by checking and mandatory correction or detention. In this paper, based on the PSC data of Taiwan ports in the past nine years, mathematical statistics method is put forward to analysis the association between ship type and deficiency, which could provide PSC officers with constructive recommendations.

scholarly journals Legal regulation of Port State Control

2020 ◽  
pp. 57-62
Author(s):  
O. Kostyria
Keyword(s):  
Black Sea ◽  
Legal Regulation ◽  
International Standards ◽  
International Maritime Organization ◽  
Necessary Condition ◽  
The Black Sea ◽  
Technical Equipment ◽  
State Control ◽  
International Conventions ◽  
Port State Control

This article deals with the requirements of the International Maritime Organization for the legal regulation of Port State Control, which is an effective mechanism for ensuring the safety of navigation and protecting the environment from marine pollution from vessels. The need to strengthen control over ships by the port state is determined by the following circumstances – the aging of the world fleet, reduction of ship crews, complication of technical equipment and transportation technology. A necessary condition for the safety of navigation should be sufficiently complete and strict control in ports over the application of the provisions of international conventions on ships. The purpose of such control is to identify vessels that do not comply with current international standards and take the necessary measures (detention of a vessel in the port, termination of cargo operations, delay in departure) to correct the deficiencies. The legal basis for such control is the international conventions of the International Maritime Organization and the International Labor Organization. Regional Organization of Port State Control – Paris Memorandum on Port State Control of Ships, was established in 1982 by 14 European countries to coordinate efforts to inspect foreign ships in European ports. The Paris Memorandum of Understanding Committee on Port State Control on 17 May 2010 at its 43rd session in Dublin, Ireland, finally approved the new inspection regime. A feature of the new inspection regime is the division of ships into three levels of risk: low, medium and high. The Black Sea Memorandum of Understanding (BS MOU) was established in April 2000. The member countries are Bulgaria, Georgia, Romania, Russian Federation, Turkey and Ukraine. The scope of BS MOU is the geographical coverage of ports located on the Black Sea coast. Currently, the Port State Control procedure is carried out based on the requirements of IMO resolution A.1119 (30). As the experience of states that have acceded to the International Maritime Organization (IMO) conventions on the safety of navigation shows, flag states did not fully exercise control over compliance with and implementation of the convention requirements. As a result, there has been a significant increase in ship accidents, so further expansion and strengthening of control over ships by the port State of visit becomes an important task for IMO at present.

scholarly journals Arctic Port State Control as a Tool of Enforcement of the Polar Code

2020 ◽  
Vol 12 (5) ◽  
pp. 160-176 ◽  
Author(s):  
A. A. Todorov
Keyword(s):  
International Law ◽  
Control Mechanism ◽  
Special Kind ◽  
International Standards ◽  
The Arctic ◽  
Control Mechanisms ◽  
State Control ◽  
Polar Code ◽  
Flag State ◽  
Port State Control

Intensification of Arctic shipping requires the regional states to take appropriate measures aimed at mitigation of emerging risks. This relates to ensuring the compliance by vessels with the relevant provisions of international law in the field of safety of navigation and protection of the marine environment. The Polar code, which entered into force in 2017, set the minimum safety and environmental standards for the vessels navigating in the severe waters of the Arctic and the Antarctic. However, under the Code the responsibilty for ensuring compliance with the requirements rests with the administration of the flag state. In general, this reflects the approach of the international law, according to which the flag state is fully responsible for ensuring that a vessel under its flag meets international standards. Nevertheless, polar shipping represents a special kind of activities, which requires special experience and skills, including of the flag state administration carrying out the control. The problem is aggravated by the fact that vessels navigate in the Arctic waters often under a flag of convinience, with states not being able to perform a proper control. One of the potential efficient measures to ensure the compliance with the provisins of the Polar Code by vessels in the Arctic is the development of a regional port state control mechanism. Such instruments are widely used on the regional level and are highly valued by the International Maritime Organization. Implementation of an Arctic port state control mechanism will require development of a vessel inspections system aimed at ensuring compliance with the Polar Code standards, exchange of information between participating states, in particular on non-compliant vessels and weather forecasts in specific areas of the Arctic. An important element of the Arctic mechanism should be engaging of non-arctic states from Asia and Northern Europe, given that states from these regions would be the ports of departure in case of a transit passage through the Arctic Ocean without entering the Arctic coastal states’ ports. An option of extending the mandate and scope of existing port state control mechanisms is also considered as an alternative to creating a new one specifically for the Arctic. However, this approach would entail more difficulties and would not ensure the needed involvment of all parties concerned.

scholarly journals Montenegro on the Path to Paris MoU Accession: Towards Achieving Sustainable Shipping Industry

2018 ◽  
Author(s):  
Jelena Nikcevic
Keyword(s):  
Marine Ecosystem ◽  
World Ocean ◽  
Maritime Transport ◽  
Shipping Industry ◽  
State Control ◽  
Maritime Industry ◽  
Full Member ◽  
Ship Control ◽  
International Conventions

In order to ensure the sustainability of the shipping industry and marine ecosystem of Montenegro, it is necessary that Montenegro becomes a full member of the Paris Memorandum of Understanding (Paris MoU) on Port State Control. The reasons for doing so are numerous: the full adoption of standards stipulated by the Memorandum in relation to ship control; continuous keeping the pace with and development of new standards in compliance with turbulent changes in the maritime industry and operation (including the increasing scope of maritime transport); decrease in the number of detained ships which meet the requirements stipulated in international conventions and elimination of substandard ships in perspective; prevention of environmental pollution, sea and port incidents. This justified endeavour is supported by the fact that Montenegro is one out of two countries in Europe that are not the full members of the Paris MoU. Additionally, in this context it is necessary to emphasise the fact that the marine ecosystem of Montenegro makes an integral part of the world ocean. Accordingly, the improvement of the quality of national legislation which is compliant with international requirements is an imperative which has positive implications on the regional and global sustainability.

scholarly journals The impact of the Maritime Labor Convention on seafarers’ working and living conditions: an analysis of port state control statistics

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Marina Liselotte Fotteler ◽  
Despena Andrioti Bygvraa ◽  
Olaf Chresten Jensen
Keyword(s):  
Preliminary Analysis ◽  
Positive Impact ◽  
Living Conditions ◽  
Annual Reports ◽  
State Control ◽  
The World ◽  
Maritime Labor ◽  
Working And Living Conditions ◽  
The Impact ◽  
Port State Control

Abstract Background The Maritime Labour Convention, 2006 (MLC2006) entered into force in August 2013 and is a milestone for better working and living conditions (WLC) for seafarers. As of March 2020, 96 countries have ratified the MLC2006, covering more than 90% of the world’s shipping fleet. A system of port state control (PSC) allows ratifying countries to inspect any foreign ship arriving in their ports for compliance with the convention. It is intended as a second safety measure for the identification of substandard ships that sail all over the world. Nine regional agreements, so-called Memoranda of Understanding (MoU), have been signed to coordinate and standardize PSC inspections and to increase efficiency by sharing inspections and information. This paper uses public PSC statistics to evaluate the impact of the MLC2006. Methods A preliminary analysis using registered tonnage and MLC2006 ratification was conducted and seven MoU were selected for the analysis. The annual reports of these MoU have been viewed in September 2019. Numbers on annual inspections, deficiencies and detentions and in particular data for deficiencies related to living and working conditions and certificates and documents, have been extracted and analyzed for the years 2010 to 2017. Results Across the eight-year period analyzed, inspection numbers remained stable among all MoU authorities. Deficiencies overall and deficiencies related to WLC declined, indicating an improvement in conditions overall and an increased focus on seafarers’ conditions on board. After the MLC2006 entered into force, three MoU reported WLC-ratios above 14%, while the numbers didn’t rise above 10% in the other four authorities. Deficiencies related to certificates and documents did not rise significantly between 2010 and 2017. Two European MoU showed the highest ratios for deficiencies in both categories analyzed. Conclusion The analysis confirmed that an increasing attention is being paid to the inspection of working and living conditions, especially in European countries. However, a clear positive impact of the MLC2006 could not be determined from the PSC statistics in this analysis. A large variation still exists among the MoU, a fact that demands increased efforts for harmonization of PSC procedures.

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