Merchant Shipping (Port State Control) Regulations, 2008 (L.N. No. 34 of 2008)

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS No. of 342008 MERCHANT SHIPPING (PORT STATE CONTROL) REGULATIONS, 2008 ARRANGEMENT OF REGULATIONS Regulation PART I PRELIMINARY Citation. 2. Interpretation. PART II PROCEDLJRES FOR PORT STATE CONTROL 3. Application ofPart II. 4. Competent Authority. s. Inspection Commitments. 6. Inspection Procedure. 7. Expanded Inspection of certain ships. 8. Report of Inspection to the Master. 9. Rectification and detention. 10 Pmrf'dure applicable in the absence of ISM certificates. II. Detention Procedure. 12. Arbitration. 13. Compensation. 14. Follow-up to inspections and detentions. 15. Professional Profile ofInspectors. 16. Reports from pilots and port authorities. 17. Publication of detention. 18. Reimbursement of costs. 19. Offences. (11) PART III I~SPECTlON OF FAMILIARITY 01" CREW WITH UPJ<.:KATlONAL PROCEDURES 20. Inspection of operational procedures. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS No. 34 of 2008 MERCHANT SHIPPING (PORT STATE CONTROL) REGULATIONS, 2008. In exercise of the power conferred under section 456 of the Merchant Shipping Act, No. 24 of 2002, the Minister responsible for Maritime Affairs makes these Regulations: {Published 30'h October 2008. Official Gazette No. 52 of2008} PART I PRELIMINARY l , CITAllON. lhcse Regulations may be cited as the Merchant Shippmg (Port State Control) Regulations, 2008. 2. INTERPRETATION. In these Regulations "Act" means the Merchant Shipping Act 1\'0. 24 of 2C02; "CCSS Code" means the Code ofSafety for Caribbean Cargo Ships adopted by the Committee of the Memorandum of Understanding on Port State Control in the Caribbean Region; "SCV Calk" iucans the Code of Safely for Small Commercial Vessels adopted by the Committee of the Memorandum of Understanding on Port State Control in the Caribbean Region; "clear grounds" mean evidence which in the professional judgement of an inspector warrants a more detailed inspection of a ship, its eq uipment or its crew including in particular the criteria listed in the First Schedule: "Conventions" mean: (a) The International Convention 011 Load Lines, 1966 (LL (6), (b) The International Convent ion for the Safety of LIfe at Sea, 1974 (SaLAS 74), (c) The International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto (MARPOL73i78), (d) The International Convention 011 Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STeW). (e) The Convention on the International Regulations for Preventmg Collision at Sea, 1972 (COLREG 72), (f) The International Convention on Tonnage Measurement ofShips, 1969, and (g) the Merchant Shipping (Minimum Standards) Convention, 1976 (I1.O No. 147), 2 together with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force and a reference to a Convention is a reference to any of the Conventions; "Convention enactments" mean: (a) The Act; and (b) Regulations made, or treated as made, under the Act, which implement the Conventions: "expanded inspection" means an inspection as specified in regulation 7: "Flag Administra tion" in re lation to a ship means the administration of the State whose flag the ship is entitled to fly; "Inspector" means a person duly authorised by the Minister to carry out inspections requtred by these Regulations; "Member State" means a State or Territory the maritime authority of which IS a party to the MOL; "more detailed inspcc tion" means an inspection where the ship, its equipment and crew as a whole or, as appropriate. parts thereof arc subjected, Il1 the Cilt':Ufll~tallce~ specified ill regulation ()(J) to an in-depth inspection c ovcring the ship's construction, equipment, manmng. Irving and working conditions and compliance WIth on-board operational procedures: "MOl I" means the Memorandum of Understanding on Port State Control in the Caribbean Region, signed in Barbados on 2 February 1996; "Port Authority" means a port author ity wrth in the meaning of the Saint Christopher Air and Sea Ports Authority Act No. <)of 1993 or the Nevis Air and Seaport Authority Act NO.1 of 1995, or if there is no such authority. the person huvi'1g control of the o pcrut io n of the port; "Stoppage of an opera tion" means a formal prohibition 0 I' a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous. PART II PROCEDURES FOR PORT S'lATE CO:--lTROL 3. APPLICATION OF PART II. (I) Subject lq sub-regulation (2), tim Part apr l ics 10 any ~P3 goinS ~hir (a) 111 a port in Saint Christopher and Nevis or at an offshore installation: or (h) anchored within the 111111ts of such a port or such an mstallution. and its crew. ~2! This Part docs 110t appl y to (a) a Saint Christopher and l'\evIs ship: (h ) a fishurg vesse l: J (c) a ship of war; (rl) ~ nava] aux iliary; (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 of a ship below 500 gross tonnage (a) an inspector shall, to the extent to which a Convention docs not apply and without prejudice to any other powers under a Convention enactment, take such action as may be necessary to ensure that the ship is not clearly hazardous to safety, health or the environment: (b) an inspector shall be guided by Annex I B to the MOL in the application of this sub-regul atron; (c) the cess automatically shall apply to all cargo ships of less than 50 gross tonnage as part of the MOll Agreement. (4) When inspectlllg a ship pursuant to regulations 5,6 and 7no more favourable treatmeut shall he given to a ship flying the nag ora State which is a party to a Convention or 10 the crew 0 f sue h a ship than that given to a ship tlvinu the tlag of a State which IS not a party to that Convention or to the crew of such a ship. (5) A power of mspcction or detention conferred by a Convention enactment is abo c xcrc iou blc m rc lat ion to u ship which (a) is at an offshore installation, or (h) lS anchored off an offshore rnstallation or a port in Sam: Christopher and Nevis where the ship is one to which t111s Part applies. (6) Where (a) a ship to whic h this Part applies IS detained under a Convention enactment. or (b) the master of such a ship is served with a detention nonce unde-r smh an enactment, section 260 of the Act shall apply in relation to the sh.p as if any reference to proceeding to sea were a reference to proceeding contrary to the detention notice and re lcrenccs to sending ur taking to sea were construed accordingly. .t. COMPETl(]\T AUTHORITY. (I) The Department of Mantunc Affairs is dcs ignutcd the compc rcnt autlunity I'OJ Suint elll iSlUpitCI and :'-J ev IS 1(>1' the purpose or thiS Part. (2) In relation to any other member Slate the "competent authoritv" mean- the national maritime administration maintained by thtlt State for the inspection of ';]llp~ (:;) In rclanou to a State other than a member State "competent authority" means «ny authority de'ilgnatcd as such hy that Stute. 5. I~SPECTION COMi\llTlIE:'I'TS. (1) The Department o I Muritirne Affairs shall carrv out an annual total number of mspections corresponding to at least ISO/I) of the number of individual ships to which this Part applies which entered its ports dunng a ca lcndar year. 4 (2) In selecting ships for inspection the Department of Maritime Affarrs shall give priority to the ships referred to in the Second Schedule. (J) The Department of Maritime Affairs sha II refrain from inspecting a ship which has been inspected by the competent authority ofany member State within the prevIOus SL>,. months, where (a) the ship IS not in a category listed in the Second Schedule: (b) no deficiencies have been reported following a previous Inspection: and (c) no c lear ground exist for carrying out an inspection. (4) The provisions of sub-regulation (3) shall not apply to any of the operationa I controls specifically provided for in the Convention enactments. 6. II"SPECTION PROCEDl:RE. (1) In carrying out all initial ms pe ct io n re Ierred to III regu lation 5 the inspector sha 11 as a minimum (a) check the certificates and documents listed in the lhnd Schedule: (b) satisfy himself of the overall condition of the ship. including the engine room and accommodation, including hygienic condui ons. (2) The rnspcc tor IllU)' c xan u n c a l l rc lcva nt c crt ificntcs unc] clo cumc nt s. other than those hsted in the Third Schedule. \\11Ich art requirerl to he carried on hoard in accordance with the Convention enactments. (3) Whenner there MC clear ~,rounds for be licving. after the initial inspection referred ro in sub-regulations (I) and (21. that the co ndnion ofa ship or orits equipment or crew docs not substantia lly meet the reIn ant rcqurrcrncnts of J Convention enactment. a mort: detailed inspccuon shall be carried out. including further checking o:' cornp liancc WIth Oil hoard operational requirements. (4) The mspcctor shall also observ-e the re lcx ant procedures and glllCklll1c,; for the control of ships specified In the Fourth Schedule 7. EXPA~DI<:D Il\SPECTIOl\ OF CERTAIN SIIIPS. (1) Where there are clear grounds, as spec: tied In the Fus: Schedule, for a more detailed inspection of a ship be longmg to any of the categories listed III section A 0 f the Fi fth Schcdu le. an expanded inspection shall he carried out taking into account the guidelines listed III sccuon B ofthe Fifth schedule. (2) A ship referred to III sub-regulation (1) shall be subject to an expanded inspection by any of the competent authorities of the member States only once during J period of 12 months, however, the ship may be subject to the mspcctron provided for in regulation ()( I) and (2). (jJ SubJeCT (() sub-regulation en in the «lSe ora passenger s!lip operating on J regular schedule in or out ofa port in Saint Christopher and '\c\is an expanded inspection of theship shall he carried out before the ship starts operating on the schedule and every twclve IIJUIIlh, IlieleJrler by the Dcparuuent or Mariume Affairs subject LO ccnsuhunon with the competent authority of a member Stale, where the ship operates to ports 1Il that member State. 8. REPORT OF I:\ISPECTION TO THE l\IASTER. (1) On completion of an Inspection, a more detailed inspection, or an expanded inspec non. the master of the ship shall be provided by the inspector, with a document 1I\ the form specified iii Annex J to the MOU, giving the results of the inspection and details ofany decisions taken hy the inspector, and of the corrective action to be taken by the master. owner or operator. (2) In the case of deficiencies warranting the detention ora ship, the document to be given to the master in accordance with sub-regulation ( I) shall include inforrnation about the future pub licauou of i nfor ma tion concerning the dctcntmu ill acr orda nr.e with regulation 17. 9. RECTIFICATION A:\fD DETENTIO:\f.( 1) The owner shall satisfy the Department 0 I'Maritime Affairs that any deficiencies confirmed or revealed by an inspection referred to in regulations 5 or 7 an: or will be rectified in accordance with the Conventions. (2) In thc Cil3C of deficiencies which arc dearly hazardous to safety, health or the environment, the inspector sha II detain the ship, or require the stoppage ofthe operation in the course of which the deficiencies have been revealed, using powers of detention in the <. 'onvcm ion enactment>; ae; appropriate, or iS5U ing a p rohibit ion notice under section 41 7 o i the Act. as the case may he. (~) A detent ion notrcc may (a) mcludc a direction that a ship shall remain in a particular place. or :;h311 move to a particular anchllrage (]I" berth: and (h) :lpecify the c ircumstunccs when the master of the sh ip T1luy move hi, o r her ship from a spec: fied place I'll,' reasons of safety or prevention of pollution. (4) lhe detention nonce or stoppage of an operation shall not he Iittcd until the Department of\1aritimt Affairs establishes that the ship can. subject to :l11Y necessary conditions, proceed to sea or the operation can he resumed without risk 10 the safety and health of passengers or Clew, or risk to other ships. or Without there heing an unreasonable threat to or harm to the marine environment (S) Tlw ""pector sh al l apply the crrtcri a set out in the Sixth Schedule. without prejudice to any other requirement in the Convention enactments. when cxcrelslllg hIS pro fessional judgement as to whether or not a ship should he detained. t()) In exceptional CIrcumstances, where the overall condtuon or a ship IS ohviouslv substandard, the inspector may, 111 addition to detaining the ship. suspend the inspection of the ship unti! the responsible parties ha \"C taken the steps necessary to ensure 1I1Jt It complies with the relev ant requirements or the Conventions. (') \Vlthou( prejudice to all' other requirement in the Convent ior, enactrm-nt-, III the event thai all inspect ion referred to In rl'\!Ulatlon :' 01 7 ~ives rise 10 detention. the I iepartmcnt or Maritime 1\ ffall s "h311 (a) irumcdiatclv inform, in \Hltmi!, the flag administration Dr the Consul or. III hI'; absc ncc. the ncurc:« d ip lomutic rcprcscntat ivc o Fthc Still,' "f the nag adrnmistr.ition, ofall the circumstances III which intervention was Jeemcd nee essary: 311(\ 6 (b) where relevant, notify nominated surveyors or recognised organizations responsible for the issue of the ship's certificates. (8) The provisions of these Regulations shall be without prejudice to the additional requirements ofthe Conventions concerning notification and reporting procedures related to port State control. (9) When carrying out inspections under these Regulations, the inspector shall make all possible efforts tn avo ir] <l «hip heing unduly detained or delayed. 10. PROCEDURE APPLICABLE I~ THE ABSENCE OF ISM CERTIFICATES. (I) Where an inspection reveals that a copy of the document of compliance or the safety management certificate required by the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) are not on board a vessel to which the ISM Code IS applicable at the date of inspection, the inspector shall detain the ship, (2) Notwithstanding the absence of the documentation referred to in sub-regulation (I), where the inspection reveals no other deficiencies warranting detention, the Department of Maritime Affairs may lift the detention order for the purpose of avoiding port congestion. (-') whenever a decision, re lcr i cil ltl ill s ub-rcg ulauuu (2). is taken. the Department of Maritime Affairs shall (a) Immediately alert the competent authorities of the member States: and (b) where deficiencies referred to in regulation 9 are found and cannot he rcc ti fi e d j n j he port 0 f detent ion, the re levant pro vi sio ns of regulation 14 shall apply. (4) A ship which proceeds to sea from any port In any Member State following release in order to aVOId port congestion shall not enter any port in Saint Christopher and Nevis uru il the owner has plOV ided evirlence to the satisliluiull of the competent authority of the Member State where the ship was detained that tile ship fully complies With the requirements ofthe ISM Code. (5) Notwithstanding the provisions of sub-regulation (4) access to a specific port lllay be permitted Il1 situations re ferred to in regulation 14. 11. DETEl'lTION PROCEDI:RE. Rcgulatio ns 12 and 13 apply 111 rc lation to the exercise of the power of detention in any Convention enactment. 12. ARBITRATIO~. (I) Any question in connection with the validity of an opmion formed by the inspector and spec died in the detention nonce shall be referred to a si ngle arbitrator appointed by agreement between the parties for tha t question to he decided by hint. (2) The master or owner of the ship shall notify the inspector of his intention to proceed with arbitration proceedings within 21 days from the service ofthe detentionllotice. (.)) Where a notice is given by the master or owner of the ship in ace ordancc with sub-rezu latinn (2), the giving of the notice shall not suspend the operation of the detention notice. 7 (4) The arbitrator shall have regard. in coming to his or her decision, to any other matters not specified in the detention notice which appear to him or hcr to he relevant as to whether the ship was or was not liable to be detained. (5) Where the arbitrator decides the inspector's opinion was invalid or defective he or she shall cuhci cuuce l the detenuon notice or affirm it with such modifications as he may in the circumstances think fit and in any other case the arbitrator shall a ffirrn the notice in its original form. (6) The arbitrator shall include in his decision a finding whether there was or was not a valid basis for the detention of the ship. (7) A person shall nut be qualified fUI appuinuueru as an arourator under this regulation unless he or she is: (a) a person holding a certificate of competency as a master mariner or as a marine engineer officer Class l , or a person holding a certificate equivalent to any such certificate: (h) a nil V;] I a rchitect: (c) a person who IS an Attorney at law of at least 10 years' standing; (d] a person with special experience of shipping matters, of the fishnu; industry. or of activities earned on III ports. (8) In connection with his functions under this regulation an arbitrator shu ll have the p()wer~ eoniL'rrcd on an inspector by sectrort ,'11 ,1 of the .vct, 13. COMPE:\fSATION. (I) Where on a reference under regulation 12 relating to a detention notice (a) the arbitrator decides that the owner Ius proved that any matter did nol constitute a valid basis for the inspccrors opiruo n: and (b) it upped: s to hiru that rhr OWIllT has proved that there \\"<'I"C no reasunabk grounds for the inspector to form that opinion; the arbitrator shall award the owner of the ship such cornpcnsanon in respect of any IllSS suffered in consequence of the detention of the ship as the arbitrator thinks fit. (2) Any compensation awarded under tim regulation shall be payable by the Mil1lsler Jll accordance with section 454 (e) of the Act. 14. FOLLOW-l:P TO INSPECTIONS A:\fD DETE:"iTlO:\f. (I) \Vhere the dcficiencies referred to 111 regulation '.l cannot be rectified III the port or inspection. the administration may allow the ship to proceed to the nearest appropriate repair yard available, as chosen by the master and the responsible parties. provided that the conditions determined hy the competent authority of the nag administration am) agreed by the Dcpu rtrne nt of Mar itiruc Affuirs are compiled With. (2) The conditions referred to in sub-regulation (I) are to ensure the ship can proceed without risk to the safety 311U health of p3sseng:ers or crew, or risk tu other ships. or without there being an unreasonable threat of harm to the marine environment. (3) In the circumstances referred to in suh-regulanon (J ), the Department of Maritime Atfairs shal I notify the competent authority of the Stale where the repair yard is situated, the parties referred to in regulation 9 and any other authority as appropriate of all the conditions for the voyage. (4) The notification of the parties referred to in sub-regulation (J) shall be in accordance with Annex 2 to the MOU. (5) Where the Department of Maritime Affairs receives notification from the competent authority of another member State Or "the notifying authority" in respect of a ship which the notrfymg authority allow"n tn proc""n tn a repair yard in Saint Christopher and Nevis, the Department of Maritime Affairs shall inform the notifying authority of the action it has taken. (6) A ship to whrch this regulation apphes which proceeds to sea from any port in any member State (a) without complying with the conditions determined by the competent authority of the member State in the port of inspection; or (b) which falls to comply with the applicable requirements of the Couvcntions hy nut calling into the indrcatcd rcpuir yard; shall not enter any port within Saint Christopher and Nevis until the owner has provided evidence to the satisfaction of the competent authority of the Member State where the ship was found defective that the ship fully complies with all applicable requirements of the Conventions. (7) Sub rcsulutioll ((,) applies to a ship, dcta incd In a port III U Mcrube r State a ll,r inspection has revealed deficiencies which are clearly hazardous to safety, health or the environment. which has been allowed by the competent authority to proceed to the nc.ircst appropriate repa ir yard U;;) Where a ship proceeds to sea from a port in Saint Chrivtopher and I is without complying with the conditions determined by the Department ofMaritime Affairs in accordance with sub-regulation (1), the Department orMaritime Affairs shall immcdiatety alert the competent authorities of all the other Member Slates. (9) WlwT<' a shlf) to wh ir-h slIb-re['.l1btio!1 (6) and (7) applIes i~ to pTflceed to a repair yard in Saint Christopher and Nevis but fails to call Into the indicated repair yard, the Department of Maritime Affairs shall immediately alert the competent authorities of all the other Member States. (10) Notwithstanding the provisions of sub-regulation (6) and (7), access to a specific port may be permitted by the Minister: (a) in the event offorce majeure or overriding safety considerations: (b) to reduce or minimize the risk of pollution: or te) ro have deficieuclcs rccnfle d, where adequate measures to the satisfaction of the Department of Maritime Affairs ha vc been implc.ncnted by the owner or the master of the ship to ensure safe entry 15, PROFESSIOI\AL PROFILE OF INSPECTORS, (1) Inspections under these Regulations shall be carried out only by Inspectors who fulfil the criteria specified Jll the Seventh Schedule. 9 (2) Where an inspector does not possess the required professional expertise he or she shall be guided by any person with the required professional expertise. (3) An inspector and any person assisting him or her shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall an inspector be employed by or undertake work on behalf of nnn-governmental organisations which issue statutory and classification certificates or which carry our the surveys necessary for the issue of those certificates to ships. (4) An inspector shall carry a personal document 111 the form of an Identity GIrd issued by the Department of Mariti me Affairs. which shall include the following information (a) the name of the issuing authority: (b) the full name of the holder of the identify card; (c) an up-to-date picture of the holder of the identity card: (d) the signature of the holder of the identity card: and (e) a statement to the effect that the holder of the identity card is authorised to carry OUt inspecuons in accordance with shipping Convention enactments, 16. REPORTS FROM PILOTS AND PORT ACTHORITIES. (11 A Saint Christopher and Nevis pilot. engaged in the berthing or unberthing ofa ship to which tim Pan applies in Saint Christopher and NeVIS or engaged on such a ship hound for a port within a Member State, shall immediately inform the port authority or the Department or Maritime Affairs whenever they learn in the course of their normal duties that there arc deficiencies which may prejudice the sa II: navrgation of the ship, or which 111~lY pose a threat of harm to the marine environment. (2) Where a port authority. when exercising its normal duties, learns that such a shrp within its port has deficiencies which may prejudice the safety ofthe ship or pme, an unreasonable threat of harm to the marine environment. that a utb ority :,hall immccliatc ly inform the Department of Manti me Affairs. 17. PlJBLICATlON OF DETEJ-"TlONS. (1) I'he Department of Ma n t ime Affairs shall, as a minimum. publish quarterly information concerning ships to which this Part 0 I' the Regulations applies which have been detained during the previous 3-mnnth period and which have been detained more than once during the past 24 months. (2) The information published shall include the following (a) the name of the ship: (b) the name of the shipowner or the operator of the ship; (c] the IMO number; (d) the Flag ~ld\"', (e) the classification society. where relevant: (f) where applicable. any other Party which has issued certificates to surh ship 111 accordance with the Conventions on behalf of the flag Stale: (g) the reason for the detention; and (h) the Port and date of detention. 10 18. REIMBURSEMENT OF COSTS. (I) The costs of any inspection which results in the detention of a ship to which this Part applies, and any subsequent inspecti on relating to the deficiencies which led to the detention and all costs relating to any inspection carried out by the administration for the purposes of, or in connection with regulation 14 shall be charged to the owner or his or her represcntativr- in Saint Christopher and Nevis (2) Any detention made pursuant to these Regulations shall not be lifted until any fees payable in respect of any inspection leading to it or arising from it have been paid, or the Minister has been provided with sufhcient security tor the tees. 19. OFFENCES. (l) Where there is any contravention of a direction made pursuant to regulation 9 in re~rp.·t of a ship, the owner and master of the ship commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale of fines as set out under section 452 (4) of the Act. (1) Where a ship (a) fails to proceed to the yard specified in regulation 14 (1 ); or (b) enters a port in contravention of regulation 14 (6) and (7); the owner and master commit an offence and shall each be liable on summary conviction to a fine not exceeding level 5 on the standard scale of fines as set out under section 452 (4) of the Act. (3) Where a person obstructs an inspector or any person assisting the inspector he or she commits an offen'-e an" is liahlp on sllmmary r onvirnon to a fine nnt exrccdlllg level 2 on the standard scale of fines as set out under section 452 (4) of the Act. (4) A pilot who contravenes regulation 16( U or a port authori ty whic h contravenes regulation I0( I) or I0(L) commits an offence and is liable all summary conviction to a fine not exceeding leve l l on the standard scale of tines as set out under section 452 (4) of the Act. (5) It shall be a defence for a person charged under this regulation to prove that the person charged took all reasonable steps to avoid committing the offence. PART III INSPECTION OF FAMILIARITY OF CREW WITH OPERATIONAL PROCEDURES 20. INSPECTION OF OPERATIO~AL PROCEDURES. (I) Ships shall be subject to inspection for the purpose of checking that the master and crew are familiar with essential procedures and operations relating to the safety of the ship when (a) in ports in Saint Christopher and Nevis; or (b) in the case of Saint Christopher and Nevis ships, when in ports elsewhere. (2; ;\ surveyor of ships may at all reasonable times go on board a ship and inspect the fami liarity of the crew with essential procedures and operations relating to the salt:ty of their ship. II FIRST SCHEDVLE EXAMPLES OF "CLEAR GROI':"'I'DS" FOR A !\10RE Dt~TAJLF:D INSPECTION (Regulation 71 I. Ships identified in the Second Schedule with the exception of item NO.1 in the Second Schedule: 2. A report or notification by another Member State: 3. A report or complaint by the master. a crew member, or any person or organization WIth a legitimate interest In the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Depa rtment of Marit nne /\ trans deems the report or complaint to be manifestly unfounded. The identity of the person lodging the report or the comp lnint must not hi' reve-alerl to the master or t he shIp­ owner of the ship concerned: 4. The ship has been involved in a collision on its way to the port: 5. The OIl Record Book has not been properly kept: 6. lhc ship has been accused of an alleged violation of the provisions on discharge of harmful substances or effluents: t. During examination of the certificates and other documentation, (see regulation h( 1)«1) and (2)). maccurarrcs have been revealed; X Indications that the crew members arc unable to comply with the requirements ofthe Conventions 011 the minimum level oftraining of seafarers: 9. Evidence of cargo and other operations not being conducted safely, or 1!1 accordance With IMO gUldelllle:i, e.g. the content of oxygen 1ll the inert-gas mains supply to the cargo tanks is ahove the prescribed maximum level: 10. Failure of the master on an oil tanker to produce the record of the 011 discharge monitoring and control system for the last ballast voyage: II. Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon ship. 12. Deficiencies in regard to the uperation and procedures of the ISM Code and the Safety Management System on hoard. 13. Physical evidence of corrosion, wastage or heavy rusting of main decks. hatches and. or coamings or other structures, SECOND SCHEDULE SHIPS TO BE CO'\[SJDERED FOR PRIORITY []\'SPF:CTJO'\[ (Regulation 5(2)) I. Ships vrsrt rng a port Il1 the :VIOL reglOn fur the first tune or after an absence of 12 months or more from a port 111 the rvl0L; region. 2. Ships which have been permitted to leave the port of a Member State on condition that the deficiencies noted must be rectified within a specified period, upon expuy of such period. 12 3. Ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation pursuant to regulation 16. 4. Ships which are in a category for which an expanded inspection is required by regulation 7. 5. Ships which have been suspended from their class for safety reasons in the course of the preceding six months. THIRD SCHEDIJLE LIST OF CERTIFICATES AND DOCUMENTS (Regulation 6( I») I. International Tonnage Certificate (1969); 2. (a) Passenger Ship Safety Certificate; (b) Cargo Ship Safety Construction Certificate; (c) Cargo Ship Safety Equipment Certificate; (d) Cargo Ship Safety Radiotelegraphy Certificate; (e) Cargo Ship Safety Radiotelephony Certificate; (f] Cargo Ship Safety Radio Certificate; (g) Exemption Certificate; (It) Cargo Ship Safety Ccr tificate, (i) Caribbean Cargo Ship Safety Certificate. 3. Cargo Securing Manual; 4. Cargo Record Book; 5. Ca rgo Informa tion; 6. (a) International Certificate of Fitness for Carriage of Liquefied Gases in Bulk; (b) Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; 7. (a) International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; (b) Certificate of Titncss for the Carriage of Dangerous Chcrrucals in Bulk; 8. International Oil Pollution Prevention Certificate; 9. International Pollution Prevention Certificate for the Carriage of NoxIOUS Liquid Substances in Bulk: 10. Ship hoard Marine Pollution Emergency Plan for Noxious Liquid Substances; 11. (a) International Load Line Certificate (1966): or (h) lnt-rnational Load Line Exemption Certificate; 12. on Record Book. Parts I and II; 13. (a) Minimum Safe Manning Document; (b) Certificates of Competency including dangerous goods endorsement; 13 14. Medical Certificates, (ILO Convention No. 73 concerning Medical Examination of Seafarers); IS. Stability information including grain loading information and document of authorisation; 16. Copy of Document of Compliance 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) as amended; 17. Certificates as to the ship's hull strength and machinery installations Issued by the classification society in question, only to be required where the ship mamtams its cluss with a clasxificurion society; 18. Intact Stability Booklet; 19. Damage control plans and bouklets ; 20. Fire safety training manual; 21. Fire Control plan/booklet; 22. FIre safety operational booklet; 23. On board training and drills record; 24. Certificates for masters, officers or ratings: 25. Shrpbourd OJ! Po l lution Emergency Plan; 26. International Sewage Pollution Prevention Certificate: 27. Garbage Management Plan; 28. Garbage Record Hook; )Q Voyage data recorder y tem-certi ficate of compliance; 30. Document of Compliance: 11 Safety Managerru-nt Cpr!1 ficate 32. International Ship Security Certificate (ISSC) or Interim International Ship Security Certificate 33. Ship Security Plan and associated records; 34. Continuous Synopsis Record (CSR); 35. Special Trade Passenger Ship Safety Certificate, Special Trade Passenger Ship Space Certificate 36. Search and rescue co-operation plan; 37. LIst of operational limitations; 38. Dec ision support system [or masters: 39, Document of authorisation for the carnage of grain; 40. Certificate of insurance or other financial securiry in respect of civil liability for oil pollution damage (1969); 14 4 I. Certificate of insurance or other financial security in respect of civil liability for oil pollution da magel 1992); 42. Enhanced survey report file; 43. Record of oil discharge rnonitoring and control system for the last ballast voyage: 44. Bulk Carrier Booklet: 45 Dedicated (']{';m Ballast Tank Operation Manual; 46. Crude Oil Washing Operation and Equipment Manual (COW Manual); 47 londition As.scs~ment Scheme (CAS) Statement of Compliance. CAS Final Report and Review Record: 48. Ilydrostatically Balanced Loading (HBL) Operational Manual; 49. Oil Discharge Monitoring and Control (ODMe) Operational Manual: 50. Subdivision and stability information: 51. Procedures and Arrangements Manual (P & A Manual): 52. High-Speed Craft Safety Certificate: 53. Permit to Operate High-Speed Craft; ';4. Document of compliance with the special requirements for ships carrying dangerous guulb: 55. Dangerous goods manifest or stowage plan; 56. Inter national Certificate of Frtncss for the Carriage of l!'iF Cargo; 57. A Nuclear Cargo Ship Safety Certificate or Nuclear Passenger Ship Safety Certificate. in place of the Cargo Ship Safety Certificate or Passenger Ship Safety Certificate, as appropriate; 5R. Special Purpose Ship Safety Certificate: 5(). Certificate of Fitness for Offshore Support Vessels; 60. Diving System Safety Certificate: 6 I. Dynamically Supported Craft Construction and Equipment Certificate; 62. Mobile Offshore Drilling Unit Safety Certificate; 63. Wing-in-ground Craft Safety Certificate; 64. Permit to Operate WIG Craft; 05. Noise Survey Report. FOCRTH SCHEDULE PROCEDORES FOR THE CONTROL OF SHIPS (Regulation 6(4)) 1. Pr oc cdures for Port State Control (IMO Resolutions 1\. 7R7( 19) and A.SR2(20), as amended. 15 2. Principles ofSafe Manning (IMO Resolution A.890(21) revoked)) and Annexes which are Contents of Minimum Safe Manning Document (Annex I) and Guidelines for the Application of Principles of Safe Manning (Annex 2). 3. Procedures for the Control of Ships and Discharges under Annex 11 to ylARPOL 73/78 (IYIO Resolution MEPe 26 (23)). 4. The Provisions of the International Maritime Dangerous Goods Code. S. Inter national Labour Olgafli/i.tllUJl (II .0) publication "Inxpecuon on.abour Conditions un Board Ship: Guidelines rOT Procedure", 6. Annex 1 to the Caribbean MOLT Guidelines for Surveyors, 7. Procedures for the Control of Ships and Discharges under Annex I to MARPOL73/78. 8. Procedures for the Safe Operation ofShips and Pollution Pr evenuon (The IS1\I Code). 9. Procedures for the Integrated System of Contingency Planmng for Ships Emergencies, Resolution A.852 (20). FIFTH SCHEDULE Section A CATEGORIES OF SHIPS SlJBHTT TO EXPA:"IDED IJ\SPECTIO\' (Regulation 7( 1J) OJ! tankers, 5 years or less from the date of phasmg out in acconlance with \L\RPOL nn, Annex 1. Regulation 13G. i.c. ('I) a crude oil tanker of 20,000 tonne," dcadwc rg.ht and abc, ..: or a product curr icr or 30,000 tonncs deadweight and above, not meeting the requirements of a new 011 tanker as defined tI1 Regulation 1(26) of Annex I to \IARI'OI 7308, will he subject to expanded inspccu on 20 yeurs after lte; date of dc livc rv as indicated on the Supplement lorm H, to the 101'1' Certificate, or 2:' years after that date, if the ship's wing tanks or double-bottom spaces not used faT the carnage of 011 meet the rcqurrerne nt s of Rcgula tion 13G(4) of the Anne", un le s» It he,s be e u rcc o nst ructcd to cnrnply with Regulation 13F ofthe same Annex: (b) an oil tanker as mentioned above meeting the requirements ofa new oil tanker as defined in Regulallon 1(26) of Annex I to ivL\RPOL 7378 will he subject \0 expanded inspection 25 years after its date of delivery as indicated on the Supplement. Form 13, to the JOPP Certificate, unless It complies with or has been I L'UlllstluLled II) e~lJL[ply \V ith Regulaliun UFoI' th.u Annex: 2. Bulk C~lIT1er~, older than 12 years of age, as determined on the basis of the date of construction indicated in the ship's safety certificates; ~ Passenger ships: 4. Gas and chemical tankers older than 10 years ofage. as determined on the basis of the dale of construction indicated in the ship's safety certificates. 16 Section B ~ON-MANDATORY GUIDEL(]';ES POR EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS (Regulation 7( I )) To the extent applicable the following items may be considered as part of an expanded inspection hut Inspectors must he aware that it may Jeopardize the safe execution ofcertain on-bnard operations, e.g. eargo operation. if tests having a direct ",fff'rt thr-rr-rm are re quir erl 10 be carried out during such operations. I. SHIPS IN GENERAL (CATEGORmS IN SECTION A) (a) Black-out and start of emergency generator; (b) Inspection of emergency lighting; (c) Opcratron of emergency Iire-pump WIth two fire hoses connected to the nrc main-line; (d) Operation of bilge pumps: (e) Closing ofwatertight doors; (f) Lowering of one seaside lifeboat to the water; (g) Test of rernotc emergency stop for e.g. boilers, ventilation and fuel PUlllPS: (h) Test of steering gear including auxiliary stccnng gear; (i) inspccuon ofemergency source of power to rudio mstall.uiuns: (.I) rnspectiun and, to the extent possible. test of cngmc-ruom oily water separator. 2. OIL TANKERS In add ition to the Hems listed under paragraph 1. the lollowmg items maya lso he considered as part or the expanded inspection for OIl tankers: (a) Fixed-deck foam system; (b) Fire-fighting equipment in general: (c) Inspection offire dampers to engllle room, pump room and accommodation: (d) Cnntrol ()I'pressure of inert gas and oxygen content thereof, (e) Check of the Survey Report File (see Resolution A. 7~1/1 ( I :-il) to ide nti Iy p ussib le suspect areas reqlllrlllg inspection. 3. BULK CARRIERS In addition to the items listed under paragraph I, the following items may also he considered as part of the expanded inspection fur bulk carriers: (a) Poss ib!e corrosion of deck machinery foundations: (h) Possible deformation and/or corrosion of hatch covers; (c) i'os,ihl~ cracks or local c orrosion in transverse bulkheads, (d) Access to cargo holds; (e) Check of the Survey Report File. (see IMO Resolution A.744( IS)) to Identify possible suspect areas requiring inspection. 17 4. GAS Al\'D CHEl\UCAL TANKERS In addition to the items listed under paragraph 1, the folJowmg items can also be considered as part of the expanded inspection for gas and chemical tankers: (a) Cargo tank monitoring and safety devices relatrng to temperature, pressure and ullage; (b) Oxygen analysing and explosimeter devices, including their calibration. Availability of chemical detection equipment (bellows) with all appropriate number of suitable­ gas detection tubes for the specific cargo being carried; (c) Cabin escape sets giving suitable respiratory and eye protection, for every person all board (if required by thc products listed 011 the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Hulk or Liquefied Gases ll1 Bulk as applicablcj; (d) Check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carnage of Dangerous Chemicals in Bulk or Liquefied Gases 111 Bulk as applicable; (e) The fixed fire-fighting installations all deck whether they be foam or dry chemical or other as required by the product carried. 5. I'ASSEl'<GER suu-s In addition to the items listed under paragraph I. the following items may also he considered as part of the expanded inspection for pas:;enger ships: (J) Testing of fire detection and alarm system; (b) Testing of proper closing 0 f tire doors; (c) lest nfpublic address system; (d) FIre drill where, JS a minimum, all sets of fireman's outfits must he demonstrated JIHI part 0 I' the catcnnu crew take part: (e) Demonstration that key crew members arc acquainted with the damage control plan. Where deemed appropriate the mspection may be continued while the ship JS on passage to or from the port in Saint Christopher and Nevis, With the consent 01 the shipmaster or the operator. Inspectors must not obstruct the operation of the ship. nor must they Induce snuat ions that, III the master's judgment could endanger the safety of the passengers, the crews and the ship. SIXTH SCHEDtJLE CRITERIA FOR DETEl'\TlOl\' OF A SHIP (Regulation 9) Int roduc ti0 n Before determining whether deficicnrics found during an Inspection warrant detention of the ship involved. the inspcctru must apply the criteria mentioned below In paragraphs I and 2. S"CtLOI1 J includes e xarnplcs o f dc fi c i cnc icx that may of themselves warrant detention or the ship involved (see regulation I)). IX I. IVI ain Criteria When exercismg his or her professional judgment as to whether or not a ship should be detained the inspector must apply the following criteria: Timing: Ships which arc unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port. Criterion: The ship is detained if Its deficiencies are sufficiently serious to merit an inspector rcturrung to sansty himself or herself that they have been rectified before the Ship sails. Thp need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not Impose sue han obligation for every case. It implies that the Department of Maritime Affairs must verify one way or another, preferably by a further visit. that the deficiencies have been rectified before departure. 2. Application of main criteria When deciding whether the deficiencies found 111 a ship an: sufficient ly serious to ment detention the inspector must assess whether: I. The ship has relevant. valid docurncntauon: 2. The ship has thc crew required lJ1 the Mnumu m Safe Manning [)OCUllH'll1. During mspecuon the mspcctor rnust further assess whether the ship and or crew IS ab lc to: .3 Nangak safe ly throughout the forthcoming voyage: 4 Sufely handle, "arry and mo m t o r the cond i t io n of the carso thro uphout the forthcoming voyage: 5. Operate the engme loom safely throughout the forthcoming voyage: 6. Ma intain proper propulsion and steering throughout the forthcoming voyaec: 7 Fight tires effectively in any part of the ship if necessary during the forthcoming voyage: 8. Abandon ship speedily and safe ly and effect rescue If necessary during the forthconllng \'uyage: 9. Prevent pollution 0 f the environment throughout the forthcoming voyage: 11. Maintain adequate watertight integrity throughout the torthcomim; voyage. 12. Conunurucate 111 distress situations ifnecessary during the forvhcornini; \oya:;e: 13 Provid« ,aft' and healthv conditions on hoard throughout the forthcoming voyage. 1') Where the answer to any of these assessments is negative, taking into account all deficiencies found. the ship must be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship. 3. l.se of these guidelines To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions and/or Codes, which are considered of such a serious nature that they mav warrant the detention of the ship invol ved. l'his list IS not intended to be exhaustive. J.l General The lack of valid certificates as required by the relevant instruments. However. ships Hying the nag of States not party to a Convention (relevant instrument) or not having implemented another relevant instrument. arc not entitled to carry 1111: certificates provided for hy the Convention or other relevant instrument. Therefi)rC, absence of the required certificates should not by itself constitute reason to detam these ships: however. 1Il app lying the "no more favourable treatment" c louse. substantial compliance with the provisions !S required before the ship sails. 3 2 Areas under the SOI.AS Convenuon l. Fa ilure of the proper operation of propulsion and other csscntial machincrv. as well as electrica.anstallauons. 1. lns.uffic i c nt dC'anll1les, of",nglll'" room. e xc e ss amount ofo riv-vva tcr rruvttnc s In bilges. insulation of plplllg including exhaust pipc~ in l'nglnc 1110111 contaminated by 011. Improper operation of bilge pumping aml.ngemmh. ~. l-ailure 01 the prupcr operation of emergency generalor. Ilghtlllg, hnttcrics and switches ..L Failure of the proper operatum of the main and auxiliary stcl'rin~' ~e;]r 5. Absence, insufficient capacity or senous deterioration of personal life-saving appliances, survival craft and launching arrangements. (l. A bsence. non-compliance or substantial deterioration 0 f fire detection systtm fire alarms. firefighting equipment, fixed fire-ex tingUlshi ng installa t Ion. ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their Intended lise. 7. Absence, suhstanrial deterioration or failure ofproper operation ofthe cargo delk dlt'd Il,t p' utn. lion Oil tunkcr s. 1\ Absence. non-compliance or se nous deterioration of lights, shapes or sound Signals. (). Absence or fai lure of the proper operation of the radio equipment for distress and safety communication. 10. Absence or failure of the proper operation of navrganon equipment, taking the rrmlS Ions or SOLAS Regulation V' l2( 0) into account. 20 11, Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that electronic charts may be used as a substitute for the charts, 12, Absence of non-sparking exhaust ventilation for cargo pump rooms (SOLAS Regulation II-2/59.3.1), 3,3 Areas under the me Code (References are given 1ll brackets) 1, TI illl~pUJ t of a substance not mentioned in the Certificate of Fi tnc s.s or llllssmg cargo information (16,2) 2, Missing or damaged high-pressure safety device (8,2.3,) 3, Electrical installations not intrinsically safe or not corresponding to code requirements (l 0.2,3) 4, Sources of ignition ill hazardous locations referred to in 10,2 (11,3,15) S. Contraventions of special requirements (15) 6, Exceeding of maximum allowable cargo quantity per tank (16, I) 7, Insufficient heat protection for sensitive products (16,6) 3,4 Areas under the lGC Code (References are givcn in bruckcts i 1, Transport ofa substance nut mentioned III the Certificate of Fituess or mISsing ';,U"go inl(,r1113lion (1 R. 1) ) Missmg closing devices for accommodations or service spaces (~, 2()) "'\ Bulk11f':1(1 nnt t:astie ht n "\ 1) 4 Defective air locks (.1,6) :). Missmg or defective quick-closing valves I. 5,6) 6, M1SSll1g or defective safety valves (8,2) 7, Electrical installations not intrinsically safe or not corresnnnding to c<Hk requirements (10,2.4) 8. Ventilators 111 cargo area not operable (12, I) 9. Pressure alarms for cargo tanks not operable ( 13.4.1) I0, Cja~ detection plan and/or toxic gas detection plant defective ( LU)) 11. lruusport of substances tu be 1Il111bltcU without valid inhibitor certificate (17'19) ":; Areils under the LOAf) LI~~LS Convention I, Slgni fica III areas of damage or corrosion, or pitting of plating and ;ISS(lC '<lied .,tiffenillg in decks and hull affecting seaworthiness or strength to take local loads, unless proper tcmporary repairs for a voyage to a port fur permanent repairs have been carried out. 2. A rcc ogllised c usc of iusuffic icn: ~tubjltty, 21 3. The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stabiJrty 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 defect: ve closing devi res, hatch closing arrangements and watertight doors. 5. Overloading. 6. Absence of draft mark or draft mark impossible to read. 3.6 Areas under the MARPOL Convention, Annex I (References are gl ven in brackets) 1. Absence, serious deterioration or failure of proper operation ofthe oily-water filtering equipment, the oil discharge monitoring and control system or the I) ppm alarm arrangements. 2. Remaining capacity of slop and/or sludge tank insufficicn: lor the intended voyage. 3. all Record Book not available. (20(5)). 4. Unauthorrsed discharge bypass fitted. 3.7 Areas LInder the \1ARPOL Convention, Annex 1I (References arc glvcn III brackets) 1. Absence of till' P & A Manual. 2. Cargo IS not categorised. (3(4)) 3. ]'>;0 cargo record book available. (9) 4. Transport of oil-like substances without satisfying the requirements Of without an appropriately amended certificate, (14) 5. Unauthorised discharge by-pass fitted. 3.8 Areas under the STeW Convention 1. Number, cornpnsitiun or certificate of crew not corresponding with safe manning document. 2. Any suspect fraudulent certificate to be checked with issuing Authority 3.9 Areas under the ILO Conveutious I. Insufficient food for voyage to next port. (Convention 6g Article 5(2)(a)) , lnsuffic ienc y portable water for voyage to next port Article S(2)(a)) (Convention oX 3. l.xcessive Iy unsanitary conditions on hoard. I. 1'0 heating lJ1 ac commudat ion (If a ship operating 111areas where tcmp eraturc.: may be excessive Iy low. (Convention 92 Artie lc 8) ). l.xccssivc garbage, blockage by equipment or cargo or otherwise unsafe conditions III passageways/accommodations. (Convention 134 Art 4). 22 6. Cranes, winches and anchors not working correctly or badly maintained. J.l0 Areas which may not warrant a detention, but where e.g. eargo operation have to be suspended. Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation. 3.11 Areas under the cess Code See paragraphs 3.2 and 3.5. SEVENTH SCHEDULE MINIMUM CRITERIA FOR I~SPECTORS (Regulation IS( 1)) 1. The Inspector must be authorised to carry out port state control by the competent authority of Saint Christopher and Nevis. 2. Either: (a) the inspector must have completed a minimum of one year's service as a flag State inspector dealing with surveys and certification in accordance with the Conventions and be in possession of: (I) a certificate of competency as a master, enabling that person to take command ofa ship of 1.600 GT or more (see STCW, regulation 11/2); or (t i ) a certificut« of compe tcncy as chiefengineer enabling hirn tu lake up that task on board a ship whose main power plant has a power equal or superior to 3,000 KW (sec STCW, regulation lIIi2); or (ii) have passed an cxammatron as a naval architect. mechanical engineer or an engineer related to the maritime fields and worked in that capacity for at least five years. (b) The inspectors mentioned under (a) and (b) must han' served for a period of not less than five years at sea as officer in the deck or engine-department Tf'<;pf'ctivf'ly Or: The mspector must: (a) hold a relevant university degree or an equivalent training, and (b) have been trained and qualified at a school for ship safety inspectors, and (c) have served at least two years as a flag State inspector dealing with surveys and certification in accordance with the Conventions. Where the class or classes of ship arc specified, for the inspector to ha vc successfully cornpleted an approved course for ship safety and port s tate control inspectors. 3. Ability to commurucate orally and 111 writing with seafarers in the language most commonly spoken at sea. 4. Appropriate knowledge of the provisions of the international conventions, the CCSS Code, national legislation and of the relevant procedures on port state control. Made the 29 th day of October, 2008. EARL ASIM MARTIN Minister responsiblefor Maritime Affairs (;O\ER~\IENT PRI'iTERY ~J ....Ins "" I