Port State Control changes imminent
The new EMSA headquarters building in Lisbon.
Changes to the Paris Memorandum of Understanding Port State Control arrangements, described by the European Maritime Safety Agency (EMSA) as having ‘considerable consequences’ for ship operators and owners, come into force on 1 January 2011.
The New Inspection Regime (NIR) is aimed at rewarding good performing ships and targeting poor performing ships and will apply to all EU Member States plus Norway and Iceland.
Currently each Member State has considerable freedom when selecting ships for inspection, with some being over inspected while others slip through the net. The NIR will introduce common standards that will apply across the Paris MoU region, with all visiting ships being inspected but the frequency of inspections set by a ‘risk profile’ assigned to each ship. Good operators could see a period of up to 36 months without inspection while substandard ships will see a tougher enforcement regime with, in the worst case scenario, ships being forced to leave the region. The risk profile will be based on criteria such as type, flag, age, class society, inspection history and managing company (ISM manager).
As well as addressing the need for preparation and training for PSC officers, a new supporting information system known as THETIS is being developed by EMSA to determine each ship’s risk profile using information including data from the EU’s vessel traffic monitoring system SafeSeaNet together with information from shipowners, masters, agents and operators. This information is used to assist Member States in planning their inspection routine and also calculates each State’s achievement level under their PSC commitment. Ships failing to report the required information may be targeted for inspection or be subject to penalties.
While the new regime comes into force on 1 January 2011, the Directive entered into force in June 2009 and data from deficiencies and detentions collected since then will be considered when calculating risk profiles. Continuity with the existing PSC regime is an important aspect of the new Directive, including recognition of the ship owner’s right to appeal against detentions or a refusal of access issued by a Member State.
By Peter Barker
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