52 Port States have certain rights and obligations
under various international instruments. When exercising their rights
under those instruments, port States incur additional obligations.
53 Port States can play an integral role in the
achievement of maritime safety and environmental protection, including
pollution prevention. The role and responsibilities of the port State
with respect to maritime safety and environmental protection is derived
from a combination of international treaties, conventions and national
laws as well as, in some instances, from bilateral and multilateral
agreements.
54 In order to effectively meet its obligations,
a port State should:
-
.1 implement policies through issuing national
legislation and guidance, which will assist in the implementation
and enforcement of the requirements of all safety and pollution prevention
conventions and protocols to which it is a party; and
-
.2 assign responsibilities to update and revise
any relevant policies adopted, as necessary.
55 A port State should ensure that its legislation,
guidance and procedures are established for the consistent implementation
and verification of its rights, obligations and responsibilities contained
in the relevant international instruments to which it is a party.
56 Those rights, obligations and responsibilities
may include, inter alia:
-
.1 provision of appropriate reception facilities
or capability to accept all waste streams regulated under the instruments
of the Organization;
-
.2 port State controlfootnote; and
-
.3 keeping a register of fuel oil suppliers.
57 Port States should take all necessary measures
to ensure their observance of international rules when exercising
their rights and fulfilling their obligations.
58 Several international maritime instruments
on safety and maritime pollution prevention contain specific provisions
that permit port State control.
59 Also, a number of those instruments obligate
port States to treat non-parties to those conventions no more favourably
than those that are parties. This means that port States should impose
the conditions of those instruments on parties, as well as on non-parties.
60 When exercising its right to carry out port
State control, a port State should establish processes to administer
a port State control programme consistent with the relevant resolution
adopted by the Organizationfootnote.
61 Port State control should be carried out only
by authorized and qualified port State control officers in accordance
with the relevant procedures adopted by the Organization.
62 Port State control officers and persons assisting
them should be free from any commercial, financial, and other pressures
and have no commercial interest, either in the port of inspection
or in the ships inspected, in ship repair facilities or in any support
services in the port or elsewhere, nor should the port State control
officers be employed by or undertake work on behalf of recognized
organizations or classification societies. Further procedures should
be implemented to ensure that persons or organizations external to
the port State cannot influence the results of port State inspection
and control carried out.
63 A port State should periodically evaluate its
performance in respect of exercising its rights and meeting its obligations
under the applicable instruments of the Organization.