III Code III Code III Code TRACECA Maritime Safety and Security IMSAS workshop Kiev (Ukraine) Dr. Jens U. Schröder-Hinrichs
IMSAS workshop Kiev Agenda 1 2 3 4 7 6 7 8 9 Introduction Background to IMSAS III Code: Common areas III Code: Flag State obligations III Code: Coastal State obligations III Code: Port State obligations Framework for the audit Audit preparation and follow-up Summary and conclusions 2
3. Common areas 3
Why are port State obligations important? 4
Example Prestige The Prestige encountered structural difficulties in her ship s hull in November 2002 while transitting through the Bay of Biscay. The ship eventually sank and caused a major environmental catastrophe. If the ship had undergone a thorough port State control inspection in her port of departure, the accident could have been avoided as it was obvious that she was not seaworthy at the time of departure. 5
IMO Code, Annex, Part IV, Para. 52-56 What are the requirements? Implementation Port States have certain rights and obligations under various mandatory IMO instruments. When exercising their rights under the instruments, port States incur additional obligations. 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, national laws, as well as in some instances, bilateral and multilateral agreements. 6
IMO Code, Annex, Part IV, Para. 57-62 What are the requirements? Enforcement Ensure observance of international rules when exercising their rights and fulfilling their obligations IMO conventions permit Port State Control (PSC) Obliged to impose the conditions of the conventions on Parties as well as on non-parties Establish processes to administer a port State control programme consistent with Res. A.1052(27) PSC officers should have no commercial interest and should not work for RO s 7
IMO Code, Annex, Part IV, Para. 63 What are the requirements? Evaluation and review Port States should periodically evaluate their performance in respect of exercising their rights and meeting their obligations under mandatory IMO instruments. 8
General principle What need to be done? 1. Legislation/guidance 2. Policies 3. Responsible party 4. Resources 5. Implementation 9
III Code, Annex, Part IV, Para. 56 What are the obligations? Reception facilities Port State control Keeping a register of fuel oil suppliers 10
1. Reception facilities (I) What are the obligations? Provide reception facilities for ships in port or terminal, inside & outside port Inform ships to use the facilities Ensure port, terminals, shipyards provide adequate facilities Penalties for non-compliance 11
1. Reception facilities (II) What are adequate facilities? Capacities according to the needs of ships using a port/terminal Includes no undue delays Must be made available to all ships Master to notify quantity & content of waste Notification to IMO in cases of alleged inadequacy 12
1. Reception facilities (III) Details of port reception facilities to be reported into GISIS Oily bilge water (Annex I) Oily residues (sludge) (Annex I) Oily tank washings (slops) (Annex I) Dirty ballast water (Annex I) Scale and sludge from tanker cleaning (Annex I) Oily mixtures containing chemicals (Annex I) Chemical/NLS (Annex II) Sewage (Annex IV) Garbage (Annex V) Ozone-depleting substances (Annex VI) Exhaust gas-cleaning residues (Annex VI) 13
1. Reception facilities (IV) Examples Singapore http://www.cleanseas.com.sg/reception.htm Istanbul http://www.istac.com.tr/services/sea-services/ship-wastes.aspx 14
Different layers of ship safety Source: IMO 1. The COMPANY + MASTER and CREW 2. CLASS DESIGN APPROVAL, BUILDING SUPERVISION, CLASS SURVEYS 3. FLAG STATE (IMPLEMENTATION & ENFORCEMENT) LEGISLATION (NATIONAL + INTERNATIONAL), STATUTORY INSPECTIONS AND CERTIFICATION (CONTROL OVER ROs), SEAFARERS' CERTIFICATION 4. PORT STATE (CONTROL) 2nd "SAFETY NET" 15
2. Port State Control (I) Legal basis Tonnage Convention Art. 12 Load Line Art. 21 STCW Art. X, Reg. I/4 SOLAS Reg. I/6(c), Reg. I/19, Reg. VIII/11 (Nuclear ships), Reg. XI-1/4 MARPOL Art. 5(2),... 16
2. Port State Control (II) Principles No more favourable treatment clause - port States obliged to impose the conditions of the conventions on Parties as well as non-parties PSC program in line with IMO Res. 1052(27) General Port State inspections Contravention and detention Reporting requirements Review procedures 17
2. Port State Control (III) Port State Control Officers (PSCO) Code of Good Practice for PSCO (MSC-MEPC.4/Circ.2) Integrity, professionalism, transparency PSCO in general should Be authorized and qualified No commercial interest in the port or the ships Not employed by ROs or classification societies 18
2. Port State Control (IV) 19
2. Port State Control (V) Regional cooperation Advantages of MOU s More effective sharing of information Extended control of ships whilst trading in the region Harmonised system of inspection and surveys will be easier to attain Better cost/benefit Unfair competition between ports in the region avoided Global cooperation through inter-regional cooperation Deterrent effect for substandard ships 20
2. Port State Control (VI) Regional cooperation Challenges for MOU s Gap between developed and recently established MOUs Inspections are not mutually recognized resulting in proliferation of inspections Call from industry for harmonization/recognition of inspections among various MOUs Harmonization of criteria among regional MOUs (relevant instruments, measures, procedures, reporting, coding of deficiencies, etc.) 21
3. Register of fuel oil suppliers MARPOL Annex VI, Reg. 18.9 Fuel oil quality: Parties undertake to ensure that appropriate authorities designated by them: Maintain a register of local fuel oil suppliers Require local suppliers to Take action as appropriate against fuel oil suppliers delivering noncompliant fuel oil Inform the Administration in case of any ship receiving non-compliant fuel oil Inform the Organization of all cases where fuel oil suppliers have failed to meet the requirements 22
Other port state activities Some additional items Port clearance Dangerous cargoes Grain loading Gas-free / hot works 23
Reporting to IMO PSC detentions MARPOL annual reporting system (MEPC/Circ.318) Complaints against inadequacy of reception facilities Complaints against non-compliant bunker fuel oil quality 24
Any questions? Q & A Questions & Answers 25