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Description

INTERNATIONAL MARITIME ORGANIZATION

E IMO A 21/Res

ASSEMBLY 21st session Agenda item 5 RESOLUTION A

AMENDMENTS TO THE PROCEDURES FOR PORT STATE CONTROL (RESOLUTION A

787(19))

THE ASSEMBLY,

RECALLING Article 15(j) of the Convention on the International Maritime Organization concerning the functions of the Assembly in relation to regulations and guidelines concerning maritime safety and the prevention and control of marine pollution from ships,

RECALLING ALSO resolution A

RECALLING FURTHER that,

787(19),

it requested the Maritime Safety Committee and the Marine Environment Protection Committee to continue their work on this subject with a view to improving further the said procedures,

NOTING resolution A

NOTING ALSO that the ISM Code has been made mandatory for certain ships,

under the provisions of chapter IX of the International Convention for the Safety of Life at Sea,

RECOGNIZING the need to develop guidelines for port State control related to the ISM Code and to incorporate them in the procedures,

RECOGNIZING ALSO the need to amend the reporting formats contained in the procedures on the basis of experience gained,

RECOGNIZING FURTHER the need to keep the procedures as a whole updated in the light of experience gained in their implementation,

HAVING CONSIDERED the recommendations made by the Maritime Safety Committee at its seventy-first session and by the Marine Environment Protection Committee at its forty-third session,

For reasons of economy,

this document is printed in a limited number

Delegates are kindly asked to bring their copies to meetings and not to request additional copies

I:\ASSEMBLY\21\RES\882

A 21/Res

ADOPTS amendments to the Procedures for port State control (resolution A

787(19)),

as set out in the Annex to the present resolution

INVITES Governments,

when exercising port State resolution A

INVITES ALSO Governments,

when exercising port State control related to the ISM Code,

to note that port State control related to the ISM Code should be an inspection and not an audit and that their port State control officers should have the requisite training in,

the provisions of the ISM Code

REQUESTS the Maritime Safety Committee and the Marine Environment Protection Committee to keep the revised Procedures under review and to amend them as necessary in the light of experience gained from their implementation

AUTHORIZES the Maritime Safety Committee and the Marine Environment Protection Committee to amend the reporting formats contained in appendices 5,

I:\ASSEMBLY\21\RES\882

A 21/Res

AMENDMENTS TO THE PROCEDURES FOR PORT STATE CONTROL (RESOLUTION A

787(19))

The existing paragraph 1

the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea,

the International Convention on Load Lines,

the Protocol of 1988 relating to the International Convention on Load Lines,

the International Convention for the Prevention of Pollution from Ships,

the International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers,

and the International Convention on Tonnage Measurement of Ships,

hereafter referred to as the applicable conventions

The existing paragraph 1

as modified by SOLAS Protocol 88

as modified by Load Line Protocol 88

regulation 8 of Annex III and regulation 8 of Annex V of MARPOL 73/78

and article 12 of Tonnage 69 provide for control procedures to be followed by a Party to a relevant convention with regard to foreign ships visiting their ports

The authorities of port States should make effective use of these provisions for the purposes of identifying deficiencies,

in such ship which may render them substandard (see 4

and ensuring that remedial measures are taken

The existing paragraph 1

or without presenting an unreasonable threat of harm to the marine environment,

whether or not such action will affect the normal schedule of the departure of the ship

The following new sentence is added at the end of existing paragraph 2

the PSCO should be guided by appendix 4A

I:\ASSEMBLY\21\RES\882

A 21/Res

The following new paragraph 2

the PSCO should utilize the guidelines in paragraph 3

The existing subparagraph 2

not maintained or falsely maintained

9 and 2

8 and 2

The existing paragraph 2

no detention order should be issued,

due account has been given to the Convention requirements regarding notification to the flag State Administration,

the nominated surveyor or the recognized organization responsible for issuing the relevant certificate

the master or company has submitted to the port State authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State Administration

to the satisfaction of the port State authority,

the port State authority has ensured,

having been notified of the completion of the remedial action,

that deficiencies which were clearly hazardous to safety,

health or environment have been rectified

The appeal should not cause the detention to be suspended

The PSCO should properly inform the master of the right of appeal

The existing paragraph 3

I:\ASSEMBLY\21\RES\882

A 21/Res

The existing paragraph 3

This file should contain reports of structural surveys,

condition evaluation reports (translated into English and endorsed by or on behalf of the Administration),

thickness measurement reports and a survey planning document

The PSCO should note that there may be a short delay in the update of the Survey Report File following survey

Where there is doubt that the required survey has taken place,

the PSCO should seek confirmation from the recognized organization

In paragraph 3

"appendix 6" is replaced by "appendix 8"

The following new section 3

the PSCO should examine the copy of the Document of Compliance (DOC),

and the Safety Management Certificate (SMC),

An SMC is not valid unless the Company holds a valid DOC for that ship type

The PSCO should in particular verify that the type of ship is included in the DOC and that the Company's particulars are the same on both the DOC and the SMC

PSCOs should recognize:

that differences may exist between the classification societies’ designation of “bulk carrier” that appear on the class certificate as defined in their individual Rules,

versus the interpretation of “bulk carrier” contained in SOLAS/CONF

resolution 6 and that the latter definition should be used to determine if the ship should have been certified by 1 July 1998

the common practice of issuing,

after successfully completing an audit,

SMCs and DOCs valid for a period not exceeding 5 months,

to cover the period between completion of the audit and issuance of the full term certificate by either the Administration or the recognized organization

that the current valid DOC with proper annual endorsements is normally only available in the Company to which it has been issued and that the copy on board may not reflect the annual endorsements that exist on the valid DOC held by the Company

the PSCO should check whether they have been issued in accordance with the provisions of paragraphs 3

2 and 3

788(19)

Clear grounds may include absent or inaccurate ISM Code certification or detainable (or many non-detainable) deficiencies in other areas

I:\ASSEMBLY\21\RES\882

A 21/Res

the following questions to ascertain the extent of compliance with the ISM Code (references to the relevant paragraphs of the ISM Code are given in italic print in brackets)

Is there a Company safety and environmental protection policy and is the appropriate ship's personnel familiar with it

Is safety management documentation (e

manual) readily available on board

Is relevant documentation on the SMS in a working language or language understood by the ship's personnel

Can senior ship officers identify the Company responsible for the operation of the ship and does this correspond with the entity specified on the ISM Code certificates

Can senior ship officers identify the "designated person"

Are procedures in place for establishing and maintaining contact with shore management in an emergency

Are programmes for drills and exercises to prepare for emergency actions available on board

How have new crew members been made familiar with their duties if they have recently joined the ship and are instructions which are essential prior to sailing available

Can the master provide documented proof of his responsibilities and authority,

which must include his overriding authority

Have non-conformities been reported to the Company and has corrective action been taken by the Company

? PSCOs should not normally scrutinise the contents of any Non Conformity Note (NCN) resulting from internal audits

Does the ship have a maintenance routine and are records available

The port State authority should,

inform the flag State of deficiencies found in the SMS

Those deficiencies identified in the SMS,

which are defined as major non-conformities in resolution A

788(19),

have to be rectified before sailing

The procedures set out in chapter 4 are applicable

The existing paragraph 4

I:\ASSEMBLY\21\RES\882

A 21/Res

The following new sections 4

6 and 4

Suspension of inspection

as a result of a more detailed inspection,

the overall condition of a ship and its equipment,

also taking into account the crew conditions,

are found to be obviously substandard,

the PSCO may suspend an inspection

the PSCO should have recorded detainable deficiencies in the areas set out in appendix 1,

the port State Authority should notify the responsible parties without delay

The notification should include information about the detention,

and state that the inspection is suspended until that authority has been informed that the ship complies with all relevant requirements

Procedures for rectification of deficiencies and release

ensure that the hazard is removed before the ship is allowed to proceed to sea

For this purpose,

appropriate action should be taken,

which may include detention or a formal prohibition of a ship to continue an operation due to established deficiencies which,

would render the continued operation hazardous

the port State authority may allow the ship concerned to proceed to the nearest appropriate repair yard available,

as chosen by the master and agreed to by that authority,

provided that the conditions agreed between the port State authority and the flag State are complied with

Such conditions will ensure that the ship shall not sail until it can proceed without risk to the safety of the passengers or crew,

or without presenting an unreasonable threat of harm to the marine environment

Such conditions may include confirmation from the flag State that remedial action has been taken on the ship in question

In such circumstances the port State authority will notify the authority of the ship's next port of call,

the parties mentioned in paragraph 5

Notification to authorities should be made in the form shown in appendix 6

The authority receiving such notification should inform the notifying authority of action taken and may use the form shown in appendix 7

2 and 4

the ship may be allowed to proceed to a port where any such deficiencies can be rectified

I:\ASSEMBLY\21\RES\882

A 21/Res

the flag State and all other authorities it considers appropriate

the port State Authority of the repair port should immediately alert the flag State and detaining port State,

which may take appropriate action,

and notify any other authority it considers appropriate

owner or operator" are replaced by the words "master and/or company"

the words "appendix 5 or 6" are replaced by the words "appendix 5 or 8"

The existing footnote to paragraph 5

838/MEPC

and the IMO Internet Home Page

In the last sentence of paragraph 5

"appendix 7" is replaced by "appendix 9"

"appendix 5 or 6" is replaced by "appendix 5 or 8"

The existing paragraph 1

taking into account all deficiencies found,

the ship should be strongly considered for detention

A combination of deficiencies of a less serious nature may also warrant the detention of the ship

Ships which are unsafe to proceed to sea should be detained upon the first inspection irrespective of the time the ship will stay in port

the following new subparagraph 15 is added after existing subparagraph 14: "15 Non-implementation resolution A

744(18)

Annex I" of paragraph 3 of appendix 1,

the following new subparagraph 5 is added after existing subparagraph 4: "5 Failure to meet the requirements of 13G(4) or alternative requirements specified in regulation 13G(7)

I:\ASSEMBLY\21\RES\882

A 21/Res

The existing appendix 4 is replaced by the following: “Appendix 4 List of certificates and documents List of certificates and documents which to the extent applicable should be checked during the inspection referred to in 2

International Tonnage Certificate (1969)

Passenger Ship Safety Certificate

Cargo Ship Safety Construction Certificate

Cargo Ship Safety Equipment Certificate

Cargo Ship Safety Radio Certificate

Exemption Certificate

Cargo Ship Safety Certificate

Document of Compliance (SOLAS 74,

Dangerous Goods Special List or Manifest,

International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk,

or the Certificate of Fitness for the Carriage of Liquefied Gases in Bulk,

International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk,

or the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk,

International Oil Pollution Prevention Certificate

International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk

International Load Line Certificate (1966)

International Load Line Exemption Certificate

Oil Record Book,

Shipboard Oil Pollution Emergency Plan

Cargo Record Book

Minimum Safe Manning Document

Certificates of Competency

Medical certificates (see ILO Convention No

Stability information

Safety Management Certificate and copy of Document of Compliance (SOLAS chapter IX)

Certificates as to the ship’s hull strength and machinery installations issued by the classification society in question (only to be required if the ship maintains its class with a classification society)

Survey Report Files (in case of bulk carriers or oil tankers in accordance with resolution A

744(18))

For ro-ro passenger ships,

information on the A/A max ratio

Document of authorization for the carriage of grain

Special Purpose Ship Safety Certificate

High-Speed Craft Safety Certificate and Permit to Operate High-Speed Craft

Mobile Offshore Drilling Unit Safety Certificate

For oil tankers,

the record of oil discharge monitoring and control system for the last ballast voyage

The muster list,

fire control plan and damage control plan

I:\ASSEMBLY\21\RES\882

A 21/Res

Ship's log-book with respect to the records of tests and drills and the log for records of inspection and maintenance of life-saving appliances and arrangements

Procedures and Arrangements Manual (chemical tankers)

Cargo Securing Manual

Certificate of Registry or other document of nationality

Garbage Management Plan

Garbage Record Book

Bulk carrier booklet (SOLAS chapter VI regulation 7)

and Reports of previous port State control inspections

The following new appendix 4A is added after revised appendix 4: "Appendix 4A Guidelines for port State control under the 1969 Tonnage Convention 1 The International Convention on Tonnage Measurement of Ships,

which came into force on 18 July 1982,

ships the keels of which were laid on or after 18 July 1982

ships the keels of which were laid before 18 July 1982,

except that for the purpose of application of SOLAS,

MARPOL and STCW Conventions,

the following interim schemes indicated in paragraph 2 may apply

at the request of the shipowner,

use the gross tonnage determined in accordance with national rules prior to the coming into force of the 1969 Tonnage Convention,

ships the keels of which were laid before 1 January 1986

in respect of regulation IV/3 of SOLAS 74,

ships the keels of which were laid on or after 1 January 1986 but before 18 July 1994

cargo ships of less than 1,600 tons gross tonnage (as determined under the national tonnage rules) the keels of which were laid on or after 1 January 1986 but before 18 July 1994

ships falling under the categories of

3 above,

except that for the purpose of 1995 amendments to STCW 78 the interim scheme does not apply (see regulation I/15

Resolutions A

I:\ASSEMBLY\21\RES\882

A 21/Res

for the purpose of MARPOL 73/78 ships of less than 400 tons gross tonnage (as determined under the national tonnage rules) the keel of which were laid before 18 July 1994

the statement to the effect that gross tonnage has been measured in accordance with the national tonnage rules should be included in the REMARKS column of the International Tonnage Certificate (1969) and in the footnote to the figure of the gross tonnage in the relevant SOLAS,

MARPOL and STCW certificates

if a ship does not hold a valid 1969 Tonnage Certificate,

a letter of warning should be issued to the master or shipowner

if the required remarks and footnote are not included in the relevant certificates on ships to which the interim schemes apply,

this deficiency should be notified to the master

if the main characteristics of the ship differ from those entered on the 1969 International Tonnage Certificate,

so as to lead to an increase in the gross tonnage or net tonnage,

the flag State should be informed without delay

The existing appendix 5 is replaced by the following:

I:\ASSEMBLY\21\RES\882

A 21/Res

APPENDIX 5 REPORT OF INSPECTION IN ACCORDANCE WITH IMO PORT STATE CONTROL PROCEDURES (RESOLUTION A

787(19),

AS AMENDED BY RESOLUTION A

copy to: flag State IMO recognized organization,

name of reporting authority ………………………………2 name of ship ……………………………………………………… flag of ship

………………………………

………5 call sign ……………………………

IMO number ………………………………7 gross tonnage ………………

…… year of build ………………………………10 date of inspection ……

…… classification society ………………

particulars of company** …………………

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………… ……………………………………………………………………………………………………………………………………………

……… … ………………………… 2

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……… … ………………………… 12 ……………………… ………………………………

… ………………………… d) information on last intermediate or annual survey** date surveying authority place 1

………………………… 2

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… ………………………… 16 deficiencies no yes (see attached FORM B) 17 ship detained no yes *** 18 supporting documentation no yes (see annex) issuing office ……………………………………………………… name ……………………………………………………………

(duly authorized PSCO of reporting authority) telephone ………………………………………………………… telefax ………………………………………………………… signature ………………………………………………………

This report must be retained on board for period of two years and must be available for consultation by Port State Control Officers at all times

___________________________ * This inspection report has been issued solely for the purposes of informing the master and other port States that an inspection by the port State,

This inspection report cannot be construed as a seaworthiness certificate in excess of the certificate the ship is required to carry

shipowners and/or operators are advised that detailed information on a detention may be subject to future publication

I:\ASSEMBLY\21\RES\882

A 21/Res

REPORT OF INSPECTION IN ACCORDANCE WITH IMO PORT STATE CONTROL PROCEDURES (RESOLUTION A

787(19),

AS AMENDED BY RESOLUTION A

copy to: flag State IMO recognized organization,

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name …………………………………………………… (duly authorized PSCO of reporting authority) signature ………………………………………………… __________________________________ 1 This inspection was not a full survey and deficiencies listed may not be exhaustive

In the event of a detention,

it is recommended that full survey is carried out and all deficiencies are rectified before an application for re-inspection is made

To be completed in the event of a detention

Actions taken include i

classification society informed,

I:\ASSEMBLY\21\RES\882

A 21/Res

787(19),

or other certifying authority as appropriate)

From (country/region) :

To (country/region) :

Name of ship :

Date departed :

Estimated place and time of arrival : ………………………………………………………………………………………

IMO number :

Flag of ship & POR :

Type of ship :

Call sign : ………………

Gross tonnage :

Year of build : ………

Issuing authority of relevant certificate(s) : ………………………………………………………………………………

Nature of deficiencies to be rectified :

Suggested action (including action at next port of call) :

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Action taken :

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Reporting Authority:

Office:

duly authorized PSC officer of (reporting authority)

Facsimile:

Signature:

I:\ASSEMBLY\21\RES\882

A 21/Res

APPENDIX 7 REPORT OF ACTION TAKEN TO THE NOTIFYING AUTHORITY In accordance with the provision of paragraph 4

787(19),

(Name) …………………………………………………………………………………………………………

……… (Position) ………………………………………………………………………………………………………

……… (Authority) ……………………………………………………………………………………………………………

Telephone: …………………………………

Telefax: ………………………………………

…………………… Date: ……………………………………………………………………………………………………………………

(Name) ………………………………………………………………………………………………………………… (Position) ……………………………………………………………………………………………………………… (Authority) …………………………………………………………………………………………………………… Telephone: …………………………………

Telefax:

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Name of ship: ……………………………………………………………………………………………………………………………

Call sign: ………………………………………………………5

IMO number: ……………………………………………………

Port of inspection: ………………………………………………………………………………………………………………………

Date of inspection: ………………………………………………………………………………………………………………………

Action taken: (a)

Deficiencies

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Next port: ………………………………………………

(Date) …………………………………………………………

Supporting documentation

(See attached)

Signature ………………………………………………

I:\ASSEMBLY\21\RES\882