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Question:-Explain Port State Control (PSC) What is the scope of it’s inspection and the basis of such inspections. Enumerate the relevant Regulations, Articles and Annexes of SOLAS 74, Load line 66, MARPOL 73/78 STCW & Tonnage 69 which concern Port State Control.
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Port State Control-‘Port State Control’ is an inspection program under which all countries work together, to ensure that all Vessels entering their waters are in compliance with strict International safety and Anti-pollution standards. All countries involved in inspecting ship, will share their findings with each other. Ships that are found to be in violation of laid-down standards are detained in Port, until their deficiencies have been rectified. The objective of PSC is to detect and deter owners from operating sub-standard ships that endanger not only the ship’s crew and the Port, but also the Environment; this minimizes the threat to life, property and the environment, They key elements of PSC are:
1.Ensuring compliance with International rules regarding Safety, Marine pollution and a threat to the working environment.
2.Detaining sub –standard vessels, when their condition so warrants, until all deficiencies are rectified.
3.Implementing a mutually agreed upon figure, of annually inspecting the minimum numbers (normally 25%of all visiting vessels).
4.Applying targeting system, when determining the selection of vessels for checking so that will-run vessels are not unnecessarily harassed, while black-listed’ vessels will not be allowed to operate.
5.Harmonizing and strengthening, to the greatest extent, Port control’s authority to carry out better surveillance.
6.Providing techni9cal assistance and training, where the need is identified. Authorities of Port State Control are dearly defined under the following instruments of IMO.
.Load line Convention, 1966
.International Tonnage Convention (1969).
.ILO convention ‘147’ (Merchant shipping minimum standard).
Rights of the Port State: In theory, all vessels must be governed by the Flag State that is allowing them to sail under their flag. In practice, all ships do not regularly call at their own (Flag State’s) ports. This can restrict the ability of the Flag State to effectively check /enforce the Convention’s standards on it’s vessels.
The loop-hole has been exploited by unscrupulous owners, to improve their own profit margins, by cheaply running heir ships, in a substandard condition, endangering not only other ships and the environment, but also the lives of the very seafarers who are running them. This is where PSC plays its Policeman’s role;
Port State can be applied not only to those countries. Who are party to the Convention but also to ships that fly the flag of a State, that has not ratified a Convention Thus no ship is exempt from inspection, because the principle of no more favorable treatment, applies.
Any State may also enact its own domestic law sand impose additional National rules and Regulation on foreign ships entering it’s waters. USA, for example, has enacted the Oil Pollution Act, 1990 (OPA ’90), which makes it mandatory for tankers to have a double hull; or equivalent plotection against oil spillage for entry into any US Port.
The relevant Regulations, Articles and Annexes which forms the provision for PSC are as follow: SOLAS’74
Reg. 1/19 : General Provision / Control
Reg. 1X/6 : Management of safe operation of ship / verification.
Reg. X1/4 : Special measures to enhance Maritime safety / ‘PSC’ on-operational requirements
Chapter X1-2 : Special measures to enhance Maritime security (ISPS Code) MARPOL 73/78
Article 5 : Certificate and special rules on inspection of ships
Article 6 : Detection of violations and enforcement of the Conventions.
Regulation. 8A, of Annex I -‘PSC’ on operational requirements
Regulation 15, of Annex II – ‘PSC’ on operational requirements.
Regulation 8, of Annex III – ‘PSC’ on operational requirements.
Regulation 8 of Annex IV – ‘PSC’ on operational requirements. Load lines
Articles 21 : Check “ILLC”
· Limitation on the draught, to which a ship on its International voyage to is to be loaded.
· Ensure adequate stability (1930).
· Provision to determine “freeboard’ of tanker (1966). STCW’78,1995
Article X : Control regulation (Rights of the ‘PSCO’ to ensure all seafarers have appropriate certificate)
Regulation ¼ : Control procedures.
Tonnage 1969 Verification of Tonnage certificate.
Although the Tonnage Convention is not a safety convention, the revision A 787 (19) has laid down the guidelines for Port State Control flowerer, the control provision of article ‘12’ of Tonnage’ 69, does not collude the provision for detention of ships.