Shipping (Port State Control) Regulations, 2008 (No. 32 of 2008)

ANTIGUA AND BARBUDA THE SHlPtlNG (pORT STATE CONTROL) REGULATIONS, 2008 STATUTORY INSTRUMENT 2108, No. 32 [ Publishedin the OfficialGazette Vol. XXVIINo. 46 dated 10th July, 2008. ] 800--07.08 Printed at the Government Printing Office, Antigua and Barbuda, by Eric.T. Bennett, Government Printer ByAUlbority, 2008, [Price $10.30] 2008, No.32 2 The Sltipping,(PQr! StateControl) Regulations, 2008. The Shipping (Port State Control) Regulations, 2008. 3 2008, No.32 THE SHIrrING (PORT STATE CONTR.OL) REGULATIONS, 1008 ARRANGEMENT Regulations PART 1- GENERAL 1. Short title 2. Interpretation PART 11- PROCEDURE FOR PORT STATE CONTROL 3. Application 4. Competent authority S. Inspection commitments 6. Inspection procedure 7. Expande<1 inspection or'certam ships 8. Report of inspection to the master 9. Rectification and detention 10. ISM Code 11. Detention procedure 12. Arbitration 13. Compensation 14. Follow-up to inspections and detention l'i Professional profile of inspectors 16. Reports from pilots and port authorities 17. Publication of detentions 18. Reimbursement ofcosts 19. Offences and penalties PART III ~ INSPECTION OF CREW FOR FAMILIARITY WITH OPERATIONAL PROCEDURES 20. Inspection ofoperational procedures Schedules SCHEDULE I - Examples of"clear grounds" for a more detailed inspection SCHEDULE II - Ships IO be considered for priority inspecucn SCHEDULE III - List of certificates and documents SCHEDULE IV - Procedures for the control of ships SCHEDULE V - Expanded inspection SCHEDULE VI Criteria for detention of a ehip SCHEDULE VII - Minimum criteria for inspectors ZOOS, No.32 4 17Ie Shipping(PortStatpControl) Regulations, ~(J{J8. Thg $lJipping (pori StaleControl) Regu/"tions, 2008. 5 2008, No.12 4NTJIJVA AND IAtUlUDA THE iHlPPlNG (PORT STATE CON'I'KOL) REGULATIONS, HOB !t8I,Ne.31 TIle SIIIpplac (pert Slate CoatnIl) '9th"" IUd in eunist of .. powen I:ODI.... in sedIea 1 or the AIIdpa aadBarituda MJnbId ........Ac:t.1806. PABT I t, lIilwtdlll These ReguJatiaos may becil:cd as the Shipping (fat State Control)Regulations, 2008. "Act" the AIltigua mI Barb~Men::hant ShlppingAct, :lQ06; '1ADOMS" means the ADtip BaJbudll Department of Marine Services and Merohant ~g; ·'CCSS CodI" ....die CodeofSafi:ty forCaribbean CargoShips adopted by theCommittee oftbeMcmmu.dum.ot'U~Oft Port State Control in the Caribbean~on; "ea~~DMID8~ ....cb. in .. pcQJesslonal judgemem olan inspoclOr WBITlIRlS a tD08 detailed~ of a ship, i(B ~ or its crew including in particular ~teria Iistcd in $dlcWdc I; "Con~'lIIC!I!M OMoftbe following COIIYebt:ions, tolP'tb.er witb me prowcols~ amend­ rneJlts to these Conventions aud ~ted Codes of man,datory status fromtime to Ume in force (a) die IntematioBaI~ 00 Load Li.neB, 1966 (LL 66); (b) thof.Dtanatieaa1~ for 1be $afctyofLife at Sea, 1974 (SOLAS 74); (e) the lat:entational Convention for the Prevention ofPollution from Ships. 1913,and 1978 J>rotocol relatingw it (MAR.l'OL 13ml); 2008, No.32 6 The Shipping (port State Control) Regulations, 2008. (d) the InternationalConventionon Standardsof Training, Certification and Watchkeeping for Seafarers, 1978 (STeW); (e) the Convention on the International Regulations fot" Preventing Collision at Sea, 1972 {COI..J<.EG 72); and (f) the InternationalConventionon TonnageM~surement ofShlps, 1969and the Merchant Shipping(MinimumStandardsj'Convention, 19'16 OLO No. 147); "Convention enactment"means (a) the Act; or (b) regulationsmade, or treated as made, under the Act, which implement the Conventions; "expanded inspection" means an inspectionas specified in regulation 7; "flag administration",in relation to a ship, means the administrationof the State whose flag the ship is entitled to fly; "inspector" meansaperson duly authorisedby theMinister to carry out inspections requiredby these Regulations; "member state" means a State or Territory the maritime authority of which is a party to the MOD; "more detailed inspection" means an inspection where the ship. its equipment and crew as a whole, or asappropriate, partsof it are subjected, in the circumstances specified in sub-regula­ tion 6(3), to an in-depth inspectioncovenng the ship'sconstruction, equipment, manning, liv­ ing and working conditions and compliance with on board operational procedures; "MOU" means the Memorandum of Undetstanding on Port State Control inthe Caribbean Region, signed in Barbados on 2 February 1996; "owner" includes, in- relation to a ship, an operator; manager,charterer or agent of the ship; "port authority" means a port authoritywithin themeaningof the Port AuthorityAct, or if there is no such authority, theperscn havina control ofthe operation j')fthe port; "s-hip"indudeshovercraft; "stoppage ofan operation" meansaformalprohibition of a ship to:continue$I operation due to established deficiencies which, individuallyor together,wouldrender the continued operation hazardous. TheShipping (PortSlate Control) Regulations, 2008. PART 11 PROCEDURE FOR PORT STATE CONTROL 3. Applieation 7 2008, No.32 (I) Subject to sub-regulation (2), this Part applies to the crew ofa seagoing ship, and theship (a) in a port in Antigua & Barbuda or at an offshore installation; or (b) anchoredoff such a port or such an installation. (2) This Part does not apply to (a) an Antigua and Barbuda ship; (b) a fishing vessel; (c) a ship ofwar; (d) a naval auxiliary ship; (e) a wooden ship ofa primitive build; (f) a government ship used for non-commercial purposes; or (g) pleasure craft not engaged in trade. (3) In the case ofa ship below 500 gross tonnage to the extent to which a Convention does not apply, an mspector shall, without prejudice to any other powers under a Convention enactment, take the action that is necessary to ensure that the ship is not clearly hazardous to safety, health or the environment. In applying this sub-regulation an inspector shall be guided by Annex IB to the MOU. (4) When inspecting a ship pursuant 10regulations j to 8, the inspector shIlllnot give more favourable treatment to a ship flying the flag ofa State which is nota party to a Conventionor to the crew ofsuch a ship than that given to a ship flying the flag ofa State which is a party to that Convention or to the crewofsuch a ship. (5) A power ofinspection or detention conferred by a Convention enactment is also exercisable in relation to a ship which (u} ill at an ulThhon: iIC:Illllbalioo; or 2008, 'NtJ,32 s The Shipping (port ~ak COittrol] Regulaiiott3, 2008. (b) isanchored offan offshore inilItallatim or If,J'dI1 mAii:ligtHt iod~ -.heretheship is one to wbtch!\is PartBJ'Plifia, (6) Se&rion 384 oftheAct ~lies in nlatiOli:to ii ship-asifa referenoeto~. to were a reference to proceeding contrary to the deteation notice and Afltdcll to lIelHting at iiki'ftg. to SCli wert c~truedaccordingly if (a) theship isa ship towhichthisPJn1 appliesand 5 detaiDed uadet.Con~eiIaebnent; or (b) the masterofsucha ship is~widi Ii detention notice undet sueh..enactment. 4. Conrpeteat authority For th~ purposes tifthis Pilrt, (h) theeompetent authority foram""member Maet is Ih1IlitionalJiJllritiiM~ation lDIlintained by thatstate for the~Ron of"'; (e) the competent authority for It Staet odier than, d!lCidbe. sUte .Ie dieaudIOrity~ as suchby that State. 5. Inspettioo e...... (1) ADOMS sh.llcall')' QUt... ~veryye...~eOl~ta""'1'"t1f1b.e~ of inQividua1 ships to which thi8Part applies wbiltb. eilferits 00fIJ·dtaring ,, ....e~ year. (2) In selectingships forinspection,At>oM5 sbilU giVe prioritf tnthe strifIs inC~d1 set out in Schedu1eIl. (3) ADOMS shall, to thG rwx.knt frwuibk, not~t~whiQhhII5bGcil iaspc...wdby the~ tent authorityof anothermemberstate withinthettm'i0\l.8 sift mO'ftths. providodftlat (0) me shit> is not in it eate,gory listed in SchtKtlale II; (b) no deficiencieshavebeen reported following aprevious inspection; end (e) no clear grounds exist for canying out an inspectioa (4) Sub-regulation (J) does not apply to any ofthe openltioJial c0ntt01sspecifically provided for in the Convention enactments. The Shipping (port State Control) Regulations. 1008. 2008,No.32 (J) In carrying out an inspection referred to in resutatibn S, the iDspeclor shan as a minin1um (a) cheek the <'.ertifieat41l1i and documenu Iisted in Schedule III) find (b) be satisfied of thehygienic conditionIaDd o1her overallconditions of Ibc ship, inchlding the engineroom IIld accomrnodatiODl. (2) The inspector mayexamineall other re1evlurt certificates!D1d~wroth arerequired to be carried on board in acooniance with the Convention Cbi.Ctmcnfll. (3) When thcrt are clear groundsfor believing, aftm' the inspection termed to in sub-regulatioas (J) and (2), that the condition of a ship or of its equipment or crew does not substantlally meet the relevantrequirements ofa Convention enactment, !he inspector wll~ out a more detailed in­ spection, includingfurtherchecking of compliance with on board operational requirements. (4-) TIle fnlJpector sluIJi also obKTVC: lhc; Rl"k:-VlUIt ptc:x;odw-Q3 and pideline;" fw the ~ontro) ofmip:J speei6cd in Schcdule~ 7. Expanded fnspeetion ofcertain dIips (1) Where there arecleargrounds fora moredetailedinspection ofa shipbelongingto the catego­ ries listedin SectionAofScheduleV;an inspecrouhaJl carryout anexpanded-inspection, taking,inlo accowrtthe guidelines in SectionB of that Schedule. (2) Ira.shipreferred to in sub·regulation(I) is subject to an expandedinspection by the competent authority of a memberstate, it is not to be subjectedto anotherexpandedinspection duringa period of12 monthsafter that expandedinspectionby a contpettnt authority of the sameor anothermember state. Hnwever, the ship may be subject to theinspection'provided for in sub-regulation 6(1) and (2). (3) Subjectto sub-regulation (2), in the caseof a passenger ship operating on a regularschedule in or outofa port in AntiguaandBarbuda,anexpandediMpectionofthe mpshallbecarriedout before the ship starts operating on the schedule and every 12 months after that by ADaMS, subject to consultation with the·competentauthority ofanothermemberstate,where theshipoperatesto ports in that member state. 8. Report of Inspedfon to the mISter (1) On completionof an inspection, a more detailed inspection, or an expanded inspection, the inspectorshallprovidethemasterof the ship with a documenrin the fonn specimd inAnnex 3 to the MOU, giving the resultsof the inspection and detailsofany decisionstakenby the inspector, and of correctiveaction to be takenby the masteror owner- of the ship. 2OO~, NO.32 10 11teSllipping (Pon!kateCotflrol) R,~lations. -ZOON. (2) In the case ofdeficiencies WlIITlUltwg the;de;tc:nlionuf a ship, lbc: dUloOlolUll;Ul!Q be i§iVCD.to" master in accordance with sub-regulation (I ) shall include infonnadon about the future publication of infollQ8Uonconccrning thedetention in a~,with-regu1ation, 16. 9. Recdfication and dctcDdon (L) The ownerofa shipshansatisfyADOMStlW:dcficiencics CODfinnedorr revealedby an inspec­ tion referred to in regulation 6 or 7 are or win bemetifiOd iD-a~widl- theConventions. (2}1n CaBt: of deficrencies which ate clearly hd:atdow. to safely,heaJtb or the envitonmeDt. the inspector shall detain the ship, or requite tbestoppage ofthcHlpc,rat1on intbe couneofwhicb the deficiencies have beenrevealed, using powers ofdetention in Convention enactments as appropriate, or istuiitg a prohibition noiiee under thlt Act. lUI the case DUly be. {3} Adetentionnoticemay (a) include a direction that a ~hip shall remain in a particular place, or move to a particular anchorage or berth; and (b) specify circumstances when the master of the ship may move the ship from a specified place for n'!li!IOn!l. ofAAfety nr pl'l":vP.ntinn of I'nllllrlnn (4) The detention notice or stoppage ofan operation shall not be lifted untilADaMS establishes that, subject to necessary conditions. the ship can proceed tosea or Ute operation can he resumed without risk to the safety and health of passengers or crew, or risk to other ships; or without there being an unreasonable threat to or bann to the marine environment (5) Without prejwiice to any olher requirement in the Conventionenactments. when exercising professional jud2ffiCRt as to whether or not a ship should he detained. the inspector shalt apply the criteria set out in Schedule VI. (6) In exceptional circumstances, where the overall condition.of a ship is obviouslysubstandard, the inspector may. in addition to detainin2 the ship. suspend the inspection..fthe ship until the re­ sponsibleparties have taken thesteps necessary to ensure that it complies with the relevant require­ ments of the Conventions. (7) Without prejudice to any other requirement in the Convention enactments. in the event that an inspectionreferred to in regulation6 or 7 gives riseto detention,ADOMSshall immediately inform, in writing, the flag administraticnor the Consul, or in his or herabsence, the nearest diplomatic representative of the State of the flag administration, of all the circumstances in which intervention was deemed necessary. In addition. nominatedsurveyors or l"eCO;lplized organizations responsible for the issue of the ship's certificates shall also be notified where relevant. 11re Shipping (Pol't Sta/eCon/rol) ReguJo/iotrJ, lOIJ8.· J) 2008, No.32 (8)The provislons-orrheseregullitiODli arc withoutprejUdice to the addtdonlll requirementsorme Conventions concerningnotificationand reportingprocedures related 10 Port State control. (9) When carrying OUI inspectionsunder these regulations, the inspector shall make aUpossible efforte 10 ovoid 0 Bhip bting unduly detainfXi or delayed. 10. ISM Code (1) Wh~ An inq'H!ctitm~Al!1lthat ACnfly QftMdl\Ctlmt'l'ltnf~liRnu rw- the IUIt@tymanagp.. mentcertificate requiredby the InternationalManagementCode for the SafeOperationofShips and forPollutionPrevention(ISM Code) isnot on board aship to'wmchthc!'ISM Cadeis applicableat the date of inspection, the inspector shall detain theship. (2) Notwithstanding the absence of the documentation referred to in sub-regulation (1), the in­ spector may fift the detention order for thepurpase -ofavtridiilg port congestion if the inspection reveals no other deficiencies wammting detention by ADOMS. When the detention order is lifted, AOOMS shall immediatelytdettthe competent authorities ofthe member italet, (3) A ship whichproceeds to sea froma port in a memberstale followingrelease in order to avoid port congestion shall Dot enter anyport in Antigua and Barbuda until~ vWl1cr bas provided evi­ dence to the satisfaction of the competeDt authority of the member state in which the ship was de­ taiJleQ that the ship tully compliesWith the requirements or the ISM CUIk. (4) Notwithstandingthesub-regulation(3) access10 a specificport may bepermitted ina situation referred to in sub-regulation )4(8). 11.DetentioD procedure Regulations 12 and ]3 apply in relation to theexerciseof the power of detention in any Convention enacrmem, 12. Arbitration (]) A master or owner of a ship maygive notice to the inspector who-~s a detention notice, no later than 21 days after the servjce uf the: notice, that the: master or owner wishes to have a question with respect to whether there was a VlIlid basis Cot the detention order referred to an arbitrator for decision. (2) TIle giving of the notice dues net suspeud the operation of the detention notiee. (3) If the master or owner and the inspector do not a~on1be' cbeiee of:arbitt1\tetwidH'n five days of the giving of the notice, ADaMS shall appoint an arbitrator to make the decision. (4)1n coming to a decision; the arbitrator 'shall have regard to other matters not specified in the 2008,No.32 12 7JwShipping.(PorlState Conll'Ol) ReguJatiolls, JQ08. detention notice which he or she believes to be relevant as to whether the ship ouaht to have been detained. (5) The arbitrator may (aj if be or she is of the opinion that there was a valid basis for the detention of the ship, affirm the notice; and (b) ifbeor she is oftbe opiniontbat thea was DO validb-u forthe detention ofthesbip (i) caacel die detentionnotice•.or (ii) affirmthedetention noticewith the necessary modifications, (6) A per10n mustnotbe appointedas anarbitrator under this, regulatiou. unlesshe is (a) (b) (c) (d) a personholdinga certificateofCOJDPCWDCY as a QlUlermariner o.ras It~ engiacer officer Class I, or a penon holding a certificate equivalent to any !nIch cerriflr..llle; a.naval architect; a person whois an Attorney at Law oCatleast 10 yei:rS st:andi.ng; or a penon with special experience in shipping matters, the fishing industry, or activities carried on in ports. (7)An arbitrator actingunderthis regulationbas the powers conferred on an inspector by section 259 ofthe Act. 13. Compensation An arbitrator shall order the Minister to pay from the Consolidated Revenue fundcompensation for loss sufferedin consequenceofthedetention to theowner of a ship that was thesubject ofa detention notice ifthe arbitrator decides (a) that there was no valid basis-forthe detention DOUce:; and (b) that there were no reasonable grounds on which the inspector ought to have issued the detention notice. 14. Follow-up to inspections amhletention (I) Wheredeficienciesreferred to in sub-regulation9(2) cannot berectified in theport ofinspec­ tion, the maritimeadministration maintained in the State inw~h the port is located may allow the 13 2008. No.32 ship to procecdJo the nearest~ repair yard available. as.cho= b)' the masterofrhto,llbiJ'!, provid&:l that the conditionsdetenttiiIed by the competant au;dwrityot(he B.a& administration and agreed by ADOMS In: complied with, mctuding conditiohs that eJl!Ute that~ ship can proceed without risk to dtc u&:tyaad -h&:a11b of ~usengers-or~. or risk to other ships, or without there beiD,g lII1111U'CUOJ1able threatofblinn to theawint emuonmeDt. (2) In the circulnlJtarl¢cs i'eferred to ..~.. (I), ADOMS shall JHJtify the co~t euthority of the State wheredie repairyard is sitWtttd, the partiesrefetred to in sub-regulation 9(5) lDd-any other lIUtborityuappropriate of'a1i the coaditions for the VOYQe. (3) The notification of the parties referred to in sub-regnlation (2) must be in accordance with Annex 2 to theMOO. (4) WhereAOOMS receivesnotification ftomlhecomperentaulhorityofanothermember state in respect ofa ship which the authorityhasallowed to proceed to a repair yard in Antigua andBarbuda ADONIS shall infonn the notifyingauthWity ofthe' actionit has taklm'Nith~t to the repairs. (5)Aship that was detained in a port in It members~ after- inspection hu revealed deficiencies which are clearly hazardous to safely, health or the environment and that has been allowed by the competent authority in that state to proceed to the~t appropriate repair yard, but has not com­ plied wilh the conditions determitled by that competent authority or which has not called into the indicated repair yard shaH not enter a port within Antigua and Barbudauntil the owner provides evidence to the satisfaction ofthat competent authority that the ship hascomplied withall applicable ~ oftbe Conventions. (6) Where a shipproceeds to~ from a part inAntigua& Barbuda without complying with the oonditiOllS determined by AOOMS inKCotdait«! 'Nidi sub-regulation (I), AtJoMs shallimmedi­ ately alert thecompetent authorities of all theothermcmtberstates. (1) Where 8 ship towhieh sub-regulation (5) fPplies is to proceedto a repair yard in Antigua and Barbudamu failsto tall intothe indicated repair)'lU"d.AOOMS shall immediately alertthe competent authorities ofall theother member states. (8) NotwiihstandiBg sutH'egulation(5). access to a specificport IIlilY be permitted by the Minister in the event offorce majeuR or overriding safety considerations,or to reduce or minimise therisk of pollution or to have deficiencies rectified, provide4 lldequatemeasures have been implemented by the ownerof themasterofthc ship ID cmsurc safe entry, to the satisfaction ofAOOMS. 15. ProfesslGnal profile orillspecton (I) Only inspectors who satisfy the criteria specified in Schedule VII may carry out inspections under these regulations. 2008, No.32 14 11ie Shipping (Port Stare Control) Regu/altons. 2008. (2) An inspector whodoes not possess therequired professionalltlXpertise mustbeassistedby a personwith the required professional expertise. (3) No inspectoror person8:!ISisting an inspectormayhavea C01DII1ercialinteresteither in 1heport of inspeCtion or in me ships .lnspeCred, or be' empJoytd by or uncJertake wor.k on behalf fJf J!IDn­ governmental organisations whichissue statutory andclassification certificates or whichcatty out the surveysnecessary for theissueof those CC!tti6clltes to ships. (4) An inspector sholl C'lItty an identity card i88lK'dby ADOMS, Which shall include the follawing infonnation: (a) (b) (c) (d) (e) name of the issuingauthority; full nameof theholder of the· idenlifycard; an up-to-datepicture of theholder of~ identitycard; the signature Qfthe holderofthe identitY card, and II statement to the effect IMt the bolder of the identity card is authonsed to carry out inspectionsin accordancewith Conventionenactments. . Ifi. Reports (rom pilots and port ntborities (I) A pilot authorised to be engaged in the berthing or un-berthing of a ship to whiebthiSP-art appli~ in Allli~ ~l1d Barbuda ur t:lIsa~ un liUl:Ob II ship bound for 11 pun .within 11 member slate shallimmediately inConn theport authority or ADOMS whenhe or* 1ear'ns in the courseofnonnaJ. duties that there are deficiencies whicil mayprejudice the safenavigation oftheship, or Mriehltltly posea threatof harm to the marine enVirontntnt. (2) A port authority exercising its normal duties that learns thatsuch It ship within its port has deficiencies whichmayprejudice thesafetyof theshipor poseanunreasonable thteat ofharm:to the marine environment shall immediately inform ADOMS. 17.Publicationof detention. ADOMS shallpublishinformationbulletins at the end ofevery3~month period, concerningships-to which this Part dpplicli that have bulb been dl::tained during that'perlod /llId detained more: than once during the previous 24 months, including (a) the name of the ship; (b) the name of the owner of the ship; TIre Shippi"g (Port Slo/e Control) RegulalioflSs ,2008. (c) the ship's lMO number: (d) the ship's flag state: (e) the classificationsociety, where relevant, lS 2008,No,32 (f) where applicable, the name ofanother member state which bas issued acertificateto the ship in accordance with a Convention on behalfof the flag state~ (g) the reason for detention; and (h) the port and date ofdetenti<m. 18. RcimburKntcnt of COltli Before detentionora shipis lifted, the ownerofa ship'ailtli pay,or sba1liltrrangcseeurityacceptable to the Minister for the payment of, (a) costs of an inspection which results in the detention ofa ship to which this Part applies and a subsequent inspection relating to the deficiencies which led to the detention; and (b) costs relating to an inspection carried out by the adminidrAtion for thE' purposes of, or in connection with, sub-regulation 14(5). 19. Offences and penaltiE's (1)Where there is anycontravention of a directionmade under sub-regulation9(3) in respectofa ship, the owner and master of the ship each commits an offence, and is liable on summary conviction to a fine ofseventy-five thousand dollars. (2) The ownerand the master ofa ship each commits an offence and is liable onsummaryconvic­ tion to a fine ofseventy-five thousand dollars, if the ship (a) fails to proceed to the yard specified under sub-regulation 14(1): or (b) enters a port in contravention of sub-regulation 14(5). (3) A person who obstructs an inspector or a person assisting the inspector commits an offence and is liable on summary conviction to a fine of seventy-five thousand dollars. (4) A pilot who contravenes sub-regulation 16(1) or a port authority which contravenes sub-regu­ lation 16(2} commits an offence and is liable on summary conviction to a fine of seventy-five thou­ sand dollars. 2008. No.32 16 (5) It ill a defence for a person cher$ed~ tm.. reauJetiC'lft tnpmw-tfallhe pIlnBft Iriok all reasonable sleps to avoidcommittinl tbtofIiDcc. MIll'DI 20-. 1nIpecdoa of oplratio~ ,roceduJa (I) Aship in port in Antigua and Barbudaandan AJUjgua anct~ ship wbeoc1sewbcrc: arc subjectto inspection for thepurposeof ehecking that the....1DdI crow.........with OlIlICDtiaI procedures and operationa relating to the safetyof tbt ship. (2) Section235 of theAct appliesin relation to a ship in a port inAntigua and BIrbuda aa if. iJJ. subsection (1), after tile \1IfOrda "artic1cl ....... daqw wn·u.tDcl ''die- u.mliarity of tbt crew withessential procedures IJldoperaP.OIlI relaJiDI " the safety oftbeiI.,." The Shipping (Port State Control) Regulations. 2008. SCHEDULE I 17 2008, No.32 EXAMPLES OF "CLEAR GROUNDS" FOR A MORE DETAILED INSPECTION (RegulutiufI Z) 1. Ships in categories set out in Schedule II; 2. A report or notification by another member state; 3. A report or complaint by the master, a crew member, or another person or organization with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention ofpollution, unless ADOMS deems the report or complaint to be manifestlyunfounded: 4. The ship hasbeen involved in a collision on its way to the port; 5. The Oil Record Book has not been properly kept; 6. The ship hasbeen accused of a violation of the provisions On discharge ofharmful substancesor effluents; 7. During exammanon of the certincates andotner documentation, inaccuracieshavebeenrevealed; 8. Indications that the crew members are unable to comply with the requirements of the Conven­ tions on the minimum level of training of seafarers; 9. Evidence of cargo or other operations not being conducted safely, or in accordance with IMO guidelines, e.g. thecontent ofoxygen in the inert-gas mains supply to the cargo tanks is above the prescribed maximum level; 10. Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage; II. Absenceofan up-to-datemuster list. or crew membersnot aware of their duties in the eventof fire or an order to abandon ship. *NOTE: The identity of a person makinga report or complaintunder item3 is not to be made known to the Owner of the ship. SCHEDULE II SHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION (Sub-regulation 5(2)) 2008, No.32 18 The Shipping (Part StaleControl) Regulations. 2008. J. :->hlpS Visltmg a port 1D the MUU region for the first tune or after an absence ct 1Z months or more from a port in the MOV region. 2. Ships which have been permitted to leave theport of a member state on condition that the defi­ cienciesnoted must be rectified within a specified period, upon expiry of me period. J. Ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation pursuant to regulation 16. 4. Shtps whichare in a category for which an expanded inspection is required by regulation 7. 5. Ships which have been suspended fromtheir class for safety reasons in the course ofthe preced­ j'll;; II'j... lIIDlll.hs. SCHEDULE III LIST OF CERTIFICATES AND DOCUMENTS (Sub-regulation 6(1)) 1. International Tonnage Certificate (1969); 2. Passenger Ship Safety Certificate; 3. Cargo Ship Safety Construction Certificate; 4. Cargo Ship Safety Equipment Certificate; 5. Cargo Ship Safety Radiotelegraphy Certificate; 6. Cargo Ship Safety Radiotelephony Certificate; 7. Cargo Ship Safety Radio Certificate; 8. Exemption Certificate; 9. Cargo Ship Safety Certificate; 10. Caribbean Cargo Ship Safety Certificate; 11. International Certificate of Fitness foe Carriage af Liquefied Gases in Bulk; 12. Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; TheShipping(PortState Control) Regulations, 2008. 19 2008, No.32 1J. International Certificate of Fitness for the Carnage ofDangerous Chemicals in Bulk; 14. International Oil Pollution Prevention Certificate; 15. International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk; 16. International Load Line Certificare (1966); 17. International Load Line Exemption Certificate; 18. Oil Record Book, Parts I and II; 19. Cargo Record Book; 20. Minimum Safe Manning Document; 2 J. Certificates ofCompetency including dangerous goods endorsement; 22. Medical Certificates, (see ILQ Convention No. 73 concerning Medical Examination of Seafar­ ers); 23. Stability information including grain loading information and document of authorisation; 24. Copy ofDocument ofComplia~and Certificate issued in accordance with The International Management Code for the Safe Operation of Ships and for Pollution Prevention (IMO Resolution A.741 (18)); 25. Certificates as to the ship's hull strength and machinery installations issued by the relevant clas­ sjlicatiQll society (only required where the ship maintains its class with a classification society); SCHI£UULE IV PROCEDURES FOR THE CONTROL OF SHIPS (Sub-regtdatton 6(4)) I. Procedures for Port State Control (IMO ReSolution A. 787{19), as amended; 1. Pnnciptes ot Sate Manrung (lMU Resolution A.41S I (X II)) and Annexes which are Contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2); 3. Procedures fr,," the Control ot Smps and Discharges under (Annex 11) ro MAlU'OL 73/78 (IMO Resolution MEPe 26 (23)); 2008, No.32 20 TheShipping (PortState ConlrCl) ReguJo/it»1S. 2008. 4. The Provisions of the international Maritime Dangerous Goods Code; 5. International Labour Organization (lW) publication "Inspection ofLabour Conditions on Board Ship: Guidelines for Procedure"; 6. Annex 1 to the Caribbean MOD Guidelines for Surveyors. SCHEDULE V EXPANDED INSPECTION A. CATEGORIES OF SHIPS SUBJECT TO EXPANDED INSPECTION [Sub-regulation 7(1)) I. Oil tankers, S years or less from the date of phasing out in accordance with MARPOL 73/78. Annex I, Regulation 130; i.e. a crude oil tanker of20,000 tonnes deadweight and above or a product carrier of30.000 tonnes deadweight and above, not meeting the requirements of a new oil tankeras de­ fined in Regulation 2(26) of Annex) to MARPO~ 73178, will be subject to expanded inspection 2Uyears after Its date of deliveryas indicated on the Supplement, Form 13, to the IOPP Certificate,or 25 years after that date, if'the ship's wing tanks Of double-bottom spaces not used fortbe carriage of oilmeet the requirementsofRegulation I3G(4) ofthe Annex, unless it has been reconstructed to comply with Regulation 13F of the same Annex; an oil tanker as mentionedabovemeeting the requirementsofa new oil tanker as defined in Regulation 1(26) of AnnexI to MARPOL13/78 will be subject to expanded inspec­ tion 25 years aftcr its qAte of <iclivc:ry 4S indio;Q.tcd Oil the Supplc-mc;ut, FOWl B, tv Un: IOPP Certificate, unlessit complieswithor has been reconstructed to comply with Regu­ lation 13Fof that Annex. 2. Bulk carriero, older than 12 yeara of age, tI3 determined on the bQ.5i5 of the date of cousuucuou indicated in the ship's safety certificates. 3. Passenger ships. 4. Gas and chemical tankers older than 10 years of age, as determined on the basis (If the date of construction indicated in the ship's safety certificates. B. NON-MANOATORY GlJIDELINF.S FOR EXPANDED INSPECTION OF CERTAIN CATEGORIES OF smes The Shipping (Port State Control) Regulations, 2008. 21 2008, No.32 (Sub-regulation 7(1)) NOTE: To the extent applicable the following items may be considered as part of an expanded in­ spection. Inspectors must be aware that it may jeopardize the safe execution of certain on-board operations, e.g. cargo operation, if tests having a direct effect thereon, are required to be carried out during such operations. 1. SHIPS IN GENERAL (CATEGORIES IN SECITON A): Black-out and sum otemergency generator; -Jnepecuou ufd.llelgellcy lighting; Operation ofemergency fire-pump with two fire hoses connected to the fire main-line; Operation ofbilge pumps; Closing of watertight doors; Luwcring ofone seaside Iifcboat to the water; Test ofremote emergency stop, for example boilers, ventilation and fuel pumps; Test of steering gear including auxiliary steering gear; Inspection ofemergency source ofpower to radio installations; Inspection, and to the extent possible, test of engine-room separator. 2. OIL TANKERS In addition to the itcma listed under Item 1, the follo ....-ing items may also be considered as part of the expanded inspection for oil tankers: Fixed-deck foam system; Fire-fighting cqwpment in general; Inspection of fire dampers to engine room, pump room and accommodation; Control ofpressure of inert gas and oxygen content thereof; CheckofdIeSurvey ReportFile (see ResolutionA.744(J8» to identify possiblesuspect areas requiring inspection. 3. BULK CARRIERS In addition to the items listed under Item I, the following items may also be considered as part of the expanded inspection for bulk carriers: Possible corrosion ofdeck machinery foundations; Possible deformation and/or corrosion ofhatch covets; Possible cracks or local corrosion in transverse bulkheads; Access to cargo holds; Check of the Survey Report File, (see IMQ Resolution A.744(18» to identify possible suspect areas reqlliring inspection. 2008, No.32 22 The Shipping (Port State Control) Regulations, 2008. 4. GAS AND CHEMICAL TANKERS In addition to the items listed under Item I, the followingitems can also be considered as part ofthe expanded inspection for gas and chemicaltankers: Cargo tank monitoringand safetydevices relatingto temperature,pressure and ullage; Oxygen analysingand explosimeterdevices, including,their calibration. Availability of chemicaldetection equipment(bellows) with an appropriate number ofsuitable gas de­ tcction tubcs for thc specific cargo being carried: Cabin escape sets giving suitable respiratory and eye protection, for every person on board (if required by the products listed on the Intemational Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Guaea in Bulk 11S a.pplicable); Check that theproductbeing carried is listed in the InternationalCertificateofFitnessor Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable; The fixed fire fighting installations on deck, whether foam or dry chemical or other as required by the product carried. s. PASSENGER SHIPS In addition to the items listedunder Item 1, the following itemsmay'alsobe consideredas part of the expanded inspection for passenger ships: Testing uf fire detection and al4JTIl ~y:5tem; Testingof proper closing of fire doors; Test of public address system; Fire drill where, as a minimum, all sets of fireman's outfits must be demonstrated and part ot thecatering crew takepart; Demonstrationthat key crew members are acquainted with the damage control plan. Note: Where deemed appropriate the inspectionmaybe continued while the ship is on passage to or fromthe port in theAntiguaandBarbuda, with theconsent of the masteror operator, Inspectorsmust not obstruct the operation of theship, nor must theyinduce situations that, in the master's judgement could endanger the safety of the passengers, the CreWS and the ship. SCHEDULE VI CRITERIA FOR DETENTION OF A SHIP (Sub-regulation 9(5)) The Shipping (Port State Control) Regulations. 2008. Introduction 23 2008, No.J2 Before determining whether deficiencies found during an inspectionwarrant detention of the ship involved, the inspector mustapply thecriteriamentionedbelowin sections 1 and 2. Section 3 im:ludes examples ofdeficiencies thatmay fOT themselves warrant detention of the ship involved(see sub-regulation 9(5)). 1. Main Criteria When exercisingprofessionaljudgmentas to whetheror not a ship shouldbe detained, the inspector mustapply the foJJowing criteria: Timing: Shipswhichare unsafetoproceed to sea mustbedetainedupon thefirst inspection irrespective of how mnch time the ship will stay in port. Criterion: The ship illdetained if its deficiencies are sufficiently serious to merit an inspector returning tn be satisfied that they have been rectifiedbefore the ship sails. The need for the inspector to return to the ship is a measureof the, seriousness of the deficien­ cies. However. it does not impose such an obligation for every case. It implies that ADOMS must verify one way or another, preferablyby a further visit, that the deficiencies have been rectified before departure. 2. Application ofmain criteria Whendecidingwhetherthedeficiencies foundin a ship are sufficientlyserious to merit detention the inspectormustassess whether: (a) the ship has relevant, valid documentation; (b) the ship has the crew required in the Minimum Safe ManningDocument. During inspection the; inspector must further essess whether thc ship and/or crew is able to (a) navigatesafely throughoutthe forthcoming voyage; (1,) ":flfely handle, r-arry find monitor the el'lndit;nn ofth(> "fll"£o throughout thp. fOrlheomine voyage; 2008, No.32 24 TheShipping(port State Control) Regulations. 2008. (c) operate the enPnc room eafely throughout the forthcoming voyage; (d) maintainproper propulsionandsteering throughoutthe forthcoming voyage; (e) fight fires effectively in any part of tho ship ifueoelllW)' during the forthcoming voyage; (f) abandon ship speedily andsafely andeffect rescue ifnecessary during the forthcoming voyage; (g) prevent pollutionof the environment throughout the forthcoming voyage; (h) maintainadequatestability throughout the forthcoming voyage; (i) maintainadequatewatertightintegritythroughoutthe forthcoming voyage; (j) conununicate in distress situations ifnecessaryduring 'theforthcomingvoyage; (k) provide safe and healthyconditionson board throughout the forthcoming voyage. Where theanswerto any of these assessments is negative. taking into account all deficiencies found, the ship must be strongly considered for detention. A combination ofdeficiencies nf II 1""C2<;l serious nature may also warrantthe detentionof the ship. 3. Examples of deficiencies Note:Toassistthe inspectorin theuse of theseguidelines, there follows a listofdeficiencies,grouped under relevant conventions or Codes, whichare consideredof such a serious nature that they may warrant the detentionof theship involved. This list is not intended to be exhaustive. 3.1 General The lack of valid certificates as required by the relevant instruments. However, ships flying the flag of States not party to a Convention or not having implemented another relevantinstrument, are not entitled to carry the certificatesprovidedtor by the Conven­ tion or other relevant instrument. Therefore, absence of the required certificates should not by itself constitutereason to detain these ships; however, in applying the ''no more favourable treatment" clause, substantialcompliancewith the provisions is required be­ fore the ship sails. 3.1 Areas under the SOLAS Convention (References are given in brackets) 1. Failure of the proper operation of propulsion and other eseential machinery, llS well 11$ electrical installations. The Shipping (PortState Control) Regulationr. 2008. 2S 2008, No.32 2. Insufficientcleanlinessof engine room, excess amountofoily-watermixturesin bilges, insulation of piping including exhaust pipes-in engine room contaminatedby oil, im­ proper operation of bilge pumping arrangements. 3. Fail\!= nfthe ~ergencygenerator; lighting, batteries and t<lwitch~ to operate properly. 4. Failure of themain and auxiliary steering gear to operate properly. 5. Absence,insufficientcapacityor seriousdeterioration ofpersonal life-savingappliances, survivalcraftand launchingarrangements. tl Absence, non-compliance or substantial deteriorationoffire detection system. fire alarms, fire-fighting equipment, fixedfire..extinguishiQg installation, "entillUion valves,fire damp­ em, quick-closingdevices to the extent that they cannot complywiththeir intendeduse. 7. Absence, substantial deterioration or failure of proper operationof the cargo deck area fire protection on tankers. 8. Absence, non-compliance or seriousdeteriorationofligbts, shapes or sound signals. 9. Absenceor failureofthe radio equipment fordistressand safety communication to oper­ ate properly. 10. Absenceor failure of navigationequipmentto operateproperly, taking theprovisions of SOLAS RegulationV/12(o) into account. II. Absenceofcorrected navigational charts,or all otherrelevantnautical publicationsnec­ essaryfor the inrcndedvoyage, taJcing intoaccount that electronic chartsmaybe usedas a substitutefor the charts. 12. Absenceofnon-sparking exhaustventilationfor cargopumprooms (SOLAS Regulation II~2/59 .3.1). 3.3 Areasunder the IBC Code (References are given in brackets) L Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (16.2). 2. Missing or damagedhigh-pressure safety device (8.2.3.). 3. Electrical installations not intrinsicallysafe or not correspondingto code requirements (10.2.3). 4. Sources of ignition in hazardouslocations referredto in 10:2 (11.3.15). 5. Contraventions of special requirements (IS). 6. Exceeding ofmaximuln aJlowablecargo quantityper tank(16.1). 7. Insufficientheat protection for sensitiveproducts (16.6). 3.4 Areas under the IGC Code (References are given in brackets) 1. Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (18.1). 2. Missing closing devices for accommodations or servicespaces (.3.2.6). 3. Bulkheadnot gastight(3.3.2). 4. Defective air locks (3.6). 2008, No.32 26 The Shipping (port Slate Control) Regulations, ZOO8. 5. Missing or defective quick-closing valves (5.6). 6. Missing or defective safetyvalves (8.2), 7. Electrical installations not intrinsically safe or not corresponding to code requirements (IO.2.4). 8. Ventilators in cargo area not operable (I2.1). 9. Pressure alarms for cargo tanks not operable (13.4.1). 10. Gasdetection plan andIor toxic gasdetection plant defective (13.6). 11. Transport of substances to beinhibited without valid inhibitor certificate (17/19). 3.5 Areas under the WAD LINES Convention 1. Signw..nt..ofdamage or corrosion, or pitting ofplating and associated stiffening in decks"and hull affecting seaworthiness or strength to- take local loads, unless proper tem­ porary repairs for a voyage to a port for permanent repairs have been carried out. 2. Arecognized case ofinsufficient stability. 3. The absence of sufficient and reliable information, in an approved form, which by rapid and simple means enables themaster to arrange for the loading andballasting ofthe ship in such a way that a safe marginof stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses in the ship's structure are avoided. 4. Absence, substantial deterioration or defective closing devices, hatch closing arrange­ ments and watertight doors. 5. Overloading. 6. Absence ofdraft mark or draftmark impossible to read. 3.ti Areas under me MARFOL ConvendoD, Annex I (References are given In brackets) 1. Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring andcontrol system or the 15 ppm alarm arrange­ ments. 2. Remaining capacity ofslop andIor sludge tank insufficient for the intended voyage. 3. Oil Record Book not available. (20{5}). 4. Unauthorized discharge bypass fitted. 3.7 Areas under tae MARPOL Convention, Annex n (References are given in bnck­ eo) 1. Absence of the P & A Manual. 2. Cargo is not categorized. (3(4» 3. No cargo record book available. (9(6» 4. Transport ofoil-like substances without satisfying the requirements or without an appro­ priately lUllc:mlc:d "ClliU"'i:Itc, (14) 5. Unauthorized discharge bypass fitted. TheSltJpping (Pori Stare Colllrol) Regulations, 100&. 27 2008, No.32 Numbtr, composition or cWficate ofcrew notco~ with 8Ilfe manning doeu­ meat. 3.9 ANal uder the JLO COllVelltlcnn J. Insufficient fuodfor VOYBge to next port. (Convention 68Article 5(2)(0)) 2. lnallfficic;noy potable water for voyaF to next port. (Cou\l'Olttlon 68 Arncle 3(2)(")) 3. Excessivelyunsanitary conditions0l'I.board. 4. No heaUag in accommodationof a ship operating in areas where temperaturesmay be CXCCIIiwly low. (Convention 92 Article Il) 5. Excessive garbage, blookage by equipment or cargo 0'" otherwise umlltb conditions in ~yslacoommodations. (Convention 134Article4). 3.10 Ana wldehmay not wtlrrant a deleRtlen, but where for example cargl) operations have to be susI"nded Failure ofthc proper operationor maintenanceof inert gas system,cargo-relatedgear or maehineryare considered sufficientgrounds for stoppingcargo operation. 3.11 Area. umIerthe cess Code See paraBJ'llPlu 3.2 and 3.5. MINIMUM CRITERIA FOR INSPECTORS SCHEDULE VO (Sub-regulation 15(1)) I. The iDspector must be authorised to carryout port state controlby the competent authorityof the member state. 2. The inspector (a) mllst (i) have completed a minimumof one year's service as a flag State inspectordealing with surveys and eenification in accordancewith the Conventions; (ij) be in possession of 2008, No.32 28 The Shipping (Port State Control) Regulations. 2008. (0) a certificateof competencyas a master,enablingthatperson to take command of a shipof 1,600GTor more(see STeW, regulation 11/2); (b) a certificateofcompetencyas chief engineerenablinghim to take up that task ali board a ship whose main power plant bas a power equal or superior to 3,000 KW, (see STeW, regulation lIIJ2); or (c) have passed an examination as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in thatcapacity for at least five years; and (iii) have served for a period ofnot less than five years at sea as officer in the deck or engine-departmentrespectively; (b) must (i) hold a relevantuniversity degree or an equivalent training; (ii) have been trained and qualified at a school for ship safety inspectors; and (iii) have served at least two years as a nag State Inspector dealing with surveys and certification in accordance with the Conventions; or (c) where the class or classes of ship are specified, must have successfully completed an approved course for ship safery and pan state control inspectors. 3. Ability to communicateorally and in writing withseafarers in the language most commonly spo­ ken at sea. 4. Appropriate knowledge of the provisions of the international conventions, the CCSS Code, na­ tional legislation and of'the relevantprocedures on port state control. Made the 23cd dayofJune, 2008. Baldwin W. Spencer, Ministerresponsable for Merchant Shipping and Ship Registration