Port State Control

Ships detained by PSC

General

Reference IACS PR No. 8 Procedure for Responding to Port State Control

Information on Port State Control Procedures is given in port state control procedures AND Action taken codes used by PSC.

The following instructions apply to any intervention on board the ship after her detention by the Port State Control.

Immediate action

When a Centre is informed that a ship has been detained in its area, a Surveyor attends the ship without delay to carry out surveys with or without the owner/representative agreement. Should the owner or their representative deny access on board to the Surveyor, FM, the ship-connected MOC and the Connecting District shall be immediately informed.

A copy of the Notice of Detention and report of survey issued by the Port State Control officer shall be requested to the Master.

The Survey Centre informs FM_TPP and the ship's MO of the detention by sending the PSC report to FM_TPP and FM_MO1, FM_MO2, FM_MO3 or FM_MO4 as relevant.

FM_TPP then forwards the PSC report to the Flag Administration.

Information

The Surveyor immediately advises first the MO of the ship and TPP, then the ship-connected MOC and the Connecting District of the detention. A copy of the PSC Inspection Report (Form A & B) and the Notice of Detention issued by the PSC Administration shall be attached to the SC e-mail.

Attending surveyor specifically notifies the relevant MO and TPP in case the ship is detained after the PSC Inspection has been suspended.

Survey

The scope of survey to be carried out includes :

• all items listed on the PSC Report Form B and pertaining to a certificate issued by the Society. Rectification of all deficient items is required,

• a general survey encompassing the scope of the annual survey for the affected certificates (if issued by Recognised Organisation (RO) as RO for the ship). Scope of Annual Survey for each affected certificate to be selected in ASMS and Checklist to be generated. Scope of Annual Surveys to be reflected in the report. Rectification of any deficiency identified during this general survey is required.

• any additional instruction by MO on the scope of survey following a detention should be followed. As need be and for certain ships under specific FM attention due to survey and detention history, MO may request from the SC surveyor to extend scope of the ASMS checklist with additional annual surveys for other certificates.

Photographs of items found deficient by PSC are to be taken and attached to the report. Where significant deficiencies are found during surveyor’s inspection (in addition to the PSC deficiencies), photographs should also be taken and attached to the report.

Reporting

Upon release of a ship from detention, the Surveyor immediately advises thereof, by e-mail, first the MO of the ship and TPP, then the ship-connected MOC and the Connecting District of the detention.

A copy of the PSC Release Report issued by the PSC Administration and the Notice of Release (when sent by the PSC office) shall be attached to the e-mail sent by the SC.

All deficiencies recorded in the PSC Inspection Report as well as all deficiencies found during the survey following the detention shall be covered by relevant entries in the ASMS report.

ASMS Report

ASMS Report shall, as a minimum, contain below information.

When conducting a survey following a Port State Control (PSC) detention, surveyors are required to select the appropriate Occasional Survey Code and reflect scope of annual survey (as indicated in Survey, or other instructed by the MO) to generate the necessary checklists for the affected certificates.

The Narrative part of the report shall include clear comments for each and every deficiency noted by the PSC (detainable or not), detailing condition found (at the time of PSC and Surveyor’s intervention), actions performed by the crew to repair (replace, crop and renew, maintenance, etc) and condition at the end of survey (satisfactory or temporary repair with CoC/Recommendations). Corresponding Photographs and other evidence shall be collected and attached to the report. Any other evidence such as maintenance records, logbook entries, crew statements should also be collected and attached to the report. If the attendance of the surveyor happens after the repairs have started or already completed, the surveyor is to request photographs of the condition, prior to repairs, from the crew (usually these exist as the crew will have sent similar information to the vessel managers).

Same approach is to be maintained for all other deficiencies identified by the surveyor, while performing their survey scope (annual for affected certificates). The surveyor shall report the condition found, actions made, and the condition at the end of the survey.

If the surveyor identifies that a reported PSC deficiency was not affecting the vessel's certification, the surveyor should:

1. Document the actual condition of the item in the survey report, providing objective evidence to support why the deficiency was not justified.

2. Include this information in the report narrative to assist the vessel's managers/owners in appealing the detention.

Although Recognised Organisation (RO) cannot directly appeal a detention on the owner's behalf, we can support such appeals by providing all relevant information and evidence in our survey reports. Removing unjustified detentions is also beneficial for the vessel's detention record and Recognised Organisation (RO)'s overall statistics. Surveyors should make every effort to support the vessel's owners/managers in disputing detentions where objective evidence demonstrates the deficiency was not valid.

Specific reporting

Some administrations (e.g USA) could require that the Owners/Managers ask the ship's RO to issue a document to evidence that deficiencies have been dealt with. For this purpose, a report of audit further to a detention or restriction/Non-detainable deficiency (Ad. WE 1340) or a report of survey further to a detention or restriction/Non-detainable deficiency (Ad. WE 1341) are available in ASMS2 Certificates under categories indicated in below table and relevant screenshots.

Such document is issued up on owners request.

Follow-up of CoC’s and Statutory recommendations after a detention

All CoC’s and Statutory recommendations endorsed in connection with a ship's detention (i.e. recommendations either noted by the PSC or noted by the Surveyor) are clearly identified in Neptune to facilitate their follow-up (code "D").

It is reminded that such recommendations directly engage the responsibility of the Society vis-à-vis the Flag Administration. These recommendations are normally not to be postponed.

RO Responsible detentions

PSC Authorities, when performing an inspection on board a vessel, may under certain conditions assign responsibility of a detainable deficiency to the Class society which is acting as RO (performance of statutory surveys and issuance of certificates on behalf of the Flag).

The criteria and applicability of RO responsibility are varying between the different MOU’s, however the guidelines of Tokyo MOU below are in force since implementation in 2011 of the so called NIR (New Inspection Regime) in this MOU. These are taken in account when further rating RO’s annual performance, it is worth quoting their guidance to PSC inspectors hereunder:

A detainable deficiency is associated with the RO if it is:

(i) a serious structural deficiency including corrosion, wastage, cracking and buckling unless it is clear that the deficiency has occurred since the last survey conducted by the RO, or

(ii) a serious deficiency in equipment or non-structural fittings (such as fire main, air pipes, cargo hatches, rails, masts, ventilation trunks/ducts, accommodation and recreational facilities etc.) AND it is less than 90 days since the last survey conducted by the RO, unless it is clear that the deficiency has occurred since the last survey conducted by the RO; or

(iii) a serious deficiency in equipment or non-structural fittings which clearly would have existed at the time of the last survey, or

(iv) a serious deficiency associated with out-of-date equipment which was out-of-date at the time of the last survey, or

(v) a missing approval or endorsement of Plans and Manuals if required to comply with the provisions for issuance of statutory certificates which clearly would have existed at the time of the last survey, or

(vi) a major non-conformity where there is clear evidence of a lack of effective and systematic implementation of a requirement of the ISM Code AND there is clear evidence that it existed at the last audit conducted by the RO provided that the audit took place within the last 90 days. It may also include operational drills and operational controls and there is clear supporting evidence of failure;

(vii) a detainable MLC-deficiency where there is clear evidence of a lack of implementation of a requirement of the MLC Convention and that it existed at the last inspection conducted by the RO.

(viii) a detainable deficiency where a statutory certificate that has been issued or extended in violation of any limitations imposed by the relevant convention.

The RO Responsible detentions are entered into the MOU’s database and affect within a 3-year rolling period the Tokyo MOU’s calculations for the overall RO performance, rating the RO’s in high, medium and low performance groups. The formula used utilizes the ratio of the number of detention cases with RO related detainable deficiencies to the overall number of PSC inspections for the same period.

An increased number of RO Responsible detentions may lead to a drop in the list of RO’s performance which is followed by more frequent inspections of vessels classed with the specific RO.

Therefore, in case of an RO Responsible detention, it is very important that the attending surveyor acts quickly and efficiently to submit necessary evidence of job correctly done by Recognised Organisation (RO) and request the PSC officer to delete the RO responsibility from their draft or initial inspection/detention report.

In cases when an RO related item is recorded as deficient by the PSC officer

• as a result of an accidental damage or

• when such deficiency was not present at the time of the last Recognised Organisation (RO) periodical survey,

the RO responsibility is to be objected at the spot during the time of PSC inspection or later during the detention period. Experience shows that it is much more complicated to follow up such cases after the period of detention and PSC Administrations are less prone to reconsider their position after having already reported their findings to the MOU PSC inspection database. Some MOU’s or PSC Authorities have not even replied to such applications.

MO and TPP must be immediately informed in details with sufficient information from the attending surveyor in order to be able to quickly review the case and compile the existing convincing arguments for swift submission to the PSC officer with a request for deleting the assigned responsibility from the issued initial PSC report.

Not having sufficient evidence from board the ship collected by the attending surveyor restricts, delays or makes impossible the submission of an application to the PSC for deletion of the RO responsibility.

In all cases of raised RO related detainable deficiency the Attending Surveyor is requested to:

• communicate with the PSC and object argumentatively the RO responsibility record at the spot during the time of PSC inspection or later during the detention period;

• document well all items marked as RO responsibility and send as soon as possible to MO with:

  • Photographic evidence of the condition of these items before the repairs (as found by the PSC) and after such repairs;

  • Any other evidence such as maintenance records, logbook entries, Crew statements. If the attendance of the surveyor is after the repairs have started or already completed, the surveyor is to request for photographs of the condition from the Crew (usually these exist as they will have sent similar information to the vessel managers).

In addition, in all cases of RO responsible detentions, the MO is requesting from the attending surveyor of the previous periodical survey to provide evidence of the condition of these items at the time of their survey. It is crucial that such information are provided as soon as possible. The provided info is reviewed and used as supporting evidence to remove the RO responsibility during the attendance. Even if there are no photographic evidence available, survey notes (notebook entries), logbook entries etc. should be provided with the surveyor’s comments. These can also be used as evidence.

For further details, refer to the attached file “Guidance Note to surveyors concerning cases of PSC detentions with recorded RO related deficiencies”.

Procedures for responding to Port State Control (PSC) - IACS PR 8

Co-operation and Assistance

1. Societies shall co-operate during port state control inspections by :

   1. Liaising with Port State Control Authorities to ensure that Class Surveyors and/or Auditors are called in as appropriate when deficiencies related to Class and Statutory matters are found.

   2. Liaising with Port State Control Officers to ensure uniformity of interpretation of Class and Statutory requirements.Providing Port State Control Officers, upon request, with background information, extracts from reports pertinent to the inspection, and details of outstanding Recommendations and Statutory items.

   3. Liaising with the Flag State in accordance with prior agreement, and the owner’s representative, and/or company, to ensure that both parties are fully aware of actions being taken that affect safety-related matters of either a Class or Statutory nature.

2. Any request received from a Port State to attend on board a ship should be dealt with both promptly and positively by the Society or Societies issuing the relevant certificates in order to :

   1. assist in the rectification of reported hardware deficiencies or other discrepancies, and/or

   2. review proposed action with respect to safety management system non-conformities (in doing so, the Auditor must proceed in accordance with the requirements of Annex 3 of Procedural Requirement No. 9).

Before attending the vessel, the Surveyor and/or Auditor should inform the Company, either directly or through the owner’s representative, of the purpose of their visit.

Deficiencies

1. Port State Control Officers should be urged to list the deficiencies they find, together with details of the corresponding convention certificate in each case (e.g. SAFCON, Load Lines, Safety Equipment, ISM SMC, etc.) including name of the issuer and the date of the last survey.

2. Such lists should include :

   1. all hardware and management system deficiencies recorded in the Port State Inspection report, including the number or detention code, as applicable, for each deficiency;

   2. details of actions taken with respect to the Class and Statutory deficiencies identified;details of any outstanding deficiencies on departure that have been agreed by the Port State Control Officer and the Surveyor and/or Auditor. A date must be set by which each such deficiency is to be specially examined and/or dealt with as necessary.

Detention Reports and Statistics

1. Reported hardware and management system deficiencies are to be examined promptly and the following actions are to be taken :

   1. The attending Surveyor and/or Auditor should provide detailed comments on any Class or Statutory deficiency,

   2. In accordance with prior agreement, the Flag State is to be provided with a summary of the deficiencies and the actions taken.

2. A database of deficiencies reported by Port State Control Officers shall be maintained.The information contained on the database is to be such that recurring violations can be readily identified by type and ship, and is to include information on actions taken.

Performance

A system shall be maintained to monitor the performance of each Classification Society.

Sub-contracting Port State Control duties

Societies shall follow principles established :

• to encourage port state control authorities to undertake their duties with their own staff (and not delegate)

• to indicate that they are willing to assist port state control officers with technical training.

Appendix — port state control procedures AND Action taken codes used by PSC

Port State Control Procedures

The Port State Control Procedures for use of the Port Inspectors are laid down in IMO Resolution A. 1206(34) PROCEDURES FOR PORT STATE CONTROL, 2025 and Directive 2009/16/EC. It is necessary to know how the Inspectors proceed.

A brief overview is displayed below. For more details refer to Attachment “A 34-Res.1206 - PROCEDURES FOR PORT STATE CONTROL 2025”.

Initial Inspection

The inspector may proceed to a ship and before boarding gain, from its appearance in the water, an impression of its standard of maintenance from such items as the condition of its paintwork, corrosion or pitting or unrepaired damage.

At the earliest opportunity, the inspector should ascertain the type of ship, year of build and size of the ship for the purpose of determining which provisions of the Conventions are applicable.

On boarding, the inspector should examine the ship's relevant certificates and documents.

If the certificates are valid and the inspector's general impression and visual observations on board confirm a good standard of maintenance, the inspector should generally confine the inspection to reported or observed deficiencies, if any.

If however the inspector has clear grounds for believing that the ship, its equipment or its crew does not substantially meet the requirements, the inspector should proceed to a more detailed inspection.

Clear Grounds

They include :

• Absence of principal equipment or arrangements required by the Conventions,

• Certificates clearly invalid,

• Certificates and documents not on board, incomplete, not maintained or falsely maintained,

• General impression that serious hull or structural deteriorations or deficiencies exist, that may place at risk the structural, watertight or weathertight integrity of the ship,

• General impression that serious deficiencies exist in the safety, pollution prevention or navigational equipment,

• Information or evidence that the Master or crew is not familiar with essential shipboard operations relating to safety, etc.,

• Indications that the crew members may not be able to communicate with each other or with other persons on board,

• Emission of false distress alerts not followed by proper cancellation procedure,

• Receipt of a report of complaint containing information that the ship appears to be substandard.

More detailed Inspection

Structure

The general state on deck, condition of ladderways, guardrails, pipe covering and areas of corrosion or pitting should influence the inspector's decision as to whether it is necessary to make the fullest possible examination of the ship's structure.

In reaching a decision, the inspector should make an allowance for fair wear and tear over the minimum acceptable scantlings.

Damage not affecting seaworthiness will not constitute grounds for judging that a ship should be detained, nor will damage that has been temporarily but effectively repaired for a voyage to a port for permanent repairs.

Machinery spaces

To assess the condition of the machinery and of the electrical installations such that they are capable of providing sufficient continuous power for propulsion and for auxiliary services.

The inspector should form an impression of the standard of maintenance : frayed or disconnected or inoperative quick closing valves wires, disconnected or inoperative extended control rods or machinery trip mechanisms, missing valve handwheels, evidence of chronic steam, water and oil leaks, dirty tank tops and bilges, etc. are pointers of an unsatisfactory organisation of the system's maintenance. A large number of temporary repairs will indicate reluctance to make permanent repairs.

Conditions of assignment of loadlines

Particular attention should be paid to closing appliances (defective hatch closing arrangements, corroded air pipes and vent coamings, etc.), means of freeing water from the deck and arrangements concerned with the protection of the crew.

Life-saving appliances

The laps of time since the last survey for a safety equipment certificate can be a significant factor in the degree of deterioration of equipment if it has not been subject to a regular inspection by the crew. Apart from failure to carry equipment or obvious defects, the inspector should look for signs of disuse of, or obstructions to or defects with survival craft launching and recovery equipment which may include paint accumulation, seizing of pivot points, absence of greasing, condition of blocks and falls, condition of lifeboat lifting hook attachment to the lifeboat hull and improper lashing or stowing of deck cargo.

The more detailed inspection would normally not be as detailed as for a renewal of the safety equipment certificate and would concentrate on essentials for safe abandonment of the ship.

Fire safety

The poor condition of fire and wash deck lines and hydrants and the possible absence of fire hoses and extinguishers in accommodation spaces might be a guide to a need for a close inspection of all fire safety equipment. In addition to compliance with Convention requirements, the inspector should look for evidence of a higher than normal fire risks : poor standard of cleanliness in the engine room, fire doors not readily operable, spot checks on ventilation dampers and smoke flaps, control stop of ventilation fans, means for closing main inlets and outlets of ventilation systems.

Regulations for preventing collision at sea

Close inspection of lanterns and their screening, and means of making sound and distress signals.

Cargo Ship Safety Construction Certificate

General assessment of the effectiveness of items associated with safety construction such as pumping arrangements, means for shutting off air and oil supplies in the event of fire, alarm systems and emergency power supplies.

Cargo Ship Safety Radio Certificate

A valid Safety Radio Certificate and associated record may be accepted as proof of the provision and effectiveness of the radio equipment, but the inspector should ensure that appropriate certificated personnel are carried for its operation and for listening periods. The radio log or radio records should be examined, versus the requirements for maintenance contained in SOLAS Reg. IV/15.

Equipment in excess of Convention or Flag State requirements

Equipment onboard which is expected to be relied on must be in operating condition. If such equipment is inoperative and is in excess of the equipment required, it should be repaired, removed, or if removal is not practicable, clearly marked as inoperative and secured.

Detainable deficiencies

A list of detainable deficiencies is displayed in the attached file “Guidelines for the detention of ships”.

The procedures of Port State Control show the importance that the first impression of the ship condition has in the inspector's decision. This includes the maintenance in validity of the ship's certificates and, as a rule, the updating of all documents, logs keeping, record books keeping, etc.

This will indeed determine, together with the results of a general inspection, whether the inspector has clear grounds to carry out a more detailed inspection.

This general inspection will focus on the condition of deck items, machinery space, life-saving appliances, fire safety, collision prevention, remote controls and ventilation related items, radio logs.

Equipment in excess of the requirements should be in operating order or, if not, disembarked or clearly marked as inoperative.

The detainable deficiencies are defined.

Most common deficiencies and action codes

Different categories of deficiencies have often been made during the Port State Control inspections. It is not the purpose to give an exhaustive list of the deficiencies in each category, but it seems however important to stress the major deficiencies.

Statutory certificates and overdue surveys

Port State Control officers begin their inspections by verifying the ship's certificates. The major deficiencies in this category relate to overdue Statutory surveys. A survey window has been dressed to make sure that all ships are in compliance with those requirements.

Life-saving appliances

Regarding life-saving appliances, most of the deficiencies relate to lifeboats, liferafts and lifebuoys. The same kind of deficiencies are often met : structural defects in lifeboats, lifejacket lights missing, safety equipment not in lifeboats, engine of motor lifeboat not working, lifebuoy lights missing, etc.. The effectiveness of life-saving appliances depends mainly on good maintenance by the crew and the crew regular drills.

Fire-fighting equipment

The consequences related to an insufficient fire-fighting equipment are often irremediable and many accidents of this type are in everyone's mind.

Particular attention has to be drawn, for each type of ship, on the maintenance and the readiness of the fire-fighting equipment.

Fire detectors are often found broken during the Port State Control inspections. The other types of deficiencies met are : fire mains corroded through and leaking, emergency fire pump not working, fire hoses missing or holed, defective breathing apparatus, fire-extinguishers missing, fire and emergency drills not carried out, excessive oil in the engine room.

A particular attention shall be given during the Port State Control inspections to the arrangements of the fire doors in the main zone bulkheads and stairway enclosures and in boundaries of high fire risk spaces, such as machinery room and galleys. The ventilation of systems also shall be checked to prevent the spread of smoke. The effectiveness of escape routes shall be made by ensuring that vital doors are not maintained locked and that alleyways and stairways are not obstructed.

It is of utmost importance that the fire-fighting equipment be checked with care for each type of ship. Regarding passenger ships, when a more detailed inspection of fire safety arrangements is necessary, Port State Control officers examine the fire plan onboard in order to obtain a general picture of the fire safety measures provided and consider their compliance with Convention requirements against the year of build.

Safety in general

The main deficiencies relating to safety in general are due to construction/hull and bulkheads : electrical equipment, especially light appliances, signs/indicators, gangway and accommodation ladders.

Navigation equipment

The most common deficiencies are linked to nautical publications, nautical charts, that is to say out of date, uncorrected or missing charts, magnetic compasses, light, shapes and sound signals, radar, signalling lamp.

Marine pollution

Deficiencies deal mainly with oil record book, oil water separating equipment and detention of oil onboard.

Loadline

It is not rare to find closing appliances seized, rubber seals hardened or damaged or many types of problems related to ventilators, air pipes.

Action taken codes used by PSC

(1) never with a detainable deficiency

(2) only for ISM defective items and never with a detainable deficiency

(3) only for ISM defective items and always with a detainable deficiency

(4) only for ISPS defective items

Appendix — MoU areas with their members

Distribution of PSC MOU’s worldwide

Paris MOU

Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation (on 20 May 2022, the membership was suspended until further notice), Slovenia, Spain, Sweden, United Kingdom

Website www.parismou.org

Tokyo MOU

Australia, Canada, Chile, China, Fiji, Indonesia, Japan, Republic of Korea, Malaysia, Marshall Islands, Mexico, New Zealand, Panama, Papua New Guinea, Peru, Philippines, Russian Federation, Singapore, Thailand, Vanuatu, Vietnam, Hong Kong (China)

Website www.tokyo-mou.org

Viña del mar MOU

Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, México, Panamá, Perú, Uruguay, Venezuela

Website https://alvm.prefecturanaval.gob.ar/

Caribbean MOU

Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Cayman Islands, Cuba, Curacao, France, Grenada, Guayana, Jamaica, Netherlands, Saint Kitts & Nevis, Saint Lucia, Saint Martin, St. Vincent and the Grenadines, Suriname and Trinidad & Tobago

Website www.caribbeanmou.org

Mediterranean MOU

Albania, Algeria, Croatia, Cyprus, Egypt, France, Israel, Jordan, Lebanon, Malta, Morocco, Tunisia, Türkiye

Website www.medmou.org

Indian ocean MOU

Australia, Bangladesh, Comoros, Eritrea, France (La Reunion), India, Iran, Kenya, Madagascar, Maldives, Mauritius, Mozambique, Myanmar, Oman, Seychelles, South Africa, Sri Lanka, Sudan, Tanzania, Yemen

Website www.iomou.org

Abuja MOU

Angola, Benin, Cameroon, Cape Verde, Congo, Congo DRC, Cote d'Ivoire, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea Conakry, Guinea-Bissau, Liberia, Mauritania, Namibia, Nigeria, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Togo

Website https://abujamou.org/

Black sea MOU

Bulgaria, Georgia, Romania, Russian Federation, Türkiye, Ukraine.

Website www.bsmou.org

Riyadh MOU

The Kingdom of Bahrain, State of Kuwait, Sultanate of Oman, State of Qatar, Kingdom of Saudi Arabia, The United Arab Emirates

Website https://riyadhmou.org/

Appendix — Report of survey/audit - Non detainable deficiencies

Report of survey/audit - non detainable deficiencies

See the attached files : “Ad 1341 report survey” and “Ad 1340 report audit”.