Port State Control

Key Points

01

The MLC gives clear legal grounds for port States to inspect a foreign ship when the ship is in one of its ports:

“to determine whether the ship is in compliance with the requirements of this Convention” and “for the purpose of reviewing compliance with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on the ship”.

02

MLC Article V states:

“4. A ship to which this Convention applies may, in accordance with international law, be inspected by a Member other than the flag State, when the ship is in one of its ports, …”.

03

On the historic occasion of the 94th (Maritime) Session of the ILC in 2006, Resolution IV was also adopted:

“Noting that the success of the Convention will depend, among others, upon the uniform and harmonized implementation of port State responsibilities in accordance with its relevant provisions…”

04

There are nine regional PSC regimes based on MOUs. These are:

• Paris MOU (signed in France on 26 January 1982)
• Viña del Mar MOU (signed in Chile on 5 November 1992)
• Tokyo MOU (signed in Japan on 1 December 1993)
• Caribbean MOU (signed in Barbados on 9 February 1996)
• Mediterranean MOU (signed in Malta on 11 July 1997)
• Indian Ocean MOU (signed in South Africa on 5 June 1998)
• Abuja MOU (signed in Nigeria on 22 October 1999)
• Black Sea MOU (signed in Türkiye on 7 April 2000)
• Riyadh MOU (signed in Saudi Arabia on 30 June 2004)

In addition, there is the United States Coast Guard which is a national PSC regime.

Map of PSC regimes

05

In some regions of the world, there have been substantial and significant achievements by PSC evidencing high levels of compliance with the MLC and the creation of some level playing fields.

06

Around the world, substantial progress is also being made in the harmonization of various aspects of PSC regarding the MLC, building on work being done by the ILO and the International Maritime Organization.

07

In 2016, the Paris MOU launched the first dedicated concentrated inspection campaign (CIC) concerning the MLC with the aim of verifying compliance with the requirements of the Convention on all types of ships. In the Executive Summary of the CIC it is stated that:

“… A total of 3674 inspections were carried out with the CIC questionnaire completed on ships targeted for inspection. In general, the results of the CIC on MLC show a good standard of implementation of the MLC, 2006 requirements on board the ship inspected, with a minimum of 95% of positive results in the questionnaire, except the question regarding the SEA content (93,5% of positive results) and sufficient compliance on the subjects in the questionnaire with respect to the number of detentions. A total of 42 ships were detained in line with the CIC Questionnaire representing 1,1% of the total… Principal grounds for detention were linked with wages, seafarer’s employment agreement and procedure of complaint areas”.

08

But as between some geographical regions of the world, there remain gaps in the enforcement of the MLC.

09

About 20 MLC ratifying States are not members of any regional PSC regime.

10

There are differences amongst the various regional PSC regimes in their target inspection rates.

11

There are differences amongst the various PSC regimes concerning training of inspectors on the enforcement of the MLC.

12

In some regions and ports, PSC may be affected by corruption.

13

Ships flying the flag of States that have not ratified the MLC may not be subject to PSC in certain regions of the world, notwithstanding the principle of no more favourable treatment,

14

The MLC is not yet being strictly and evenly enforced by PSC around the world.