This document discusses regional memorandums of understanding (MoUs) on port state control. It begins by explaining that MoUs were developed in response to flag states not fulfilling their responsibilities, and the burgeoning role of port state control. It then describes that MoUs are non-binding agreements that coordinate port state control activities between states in a region. The document outlines some of the key components of MoUs, including their members, applicable instruments, information sharing systems, and organizational structure. It also notes the nine existing regional MoUs and discusses some of the challenges they face, such as lack of implementation strategies and regional shopping. The document concludes by emphasizing the importance of MoUs in eliminating substandard shipping through monitoring and by
Perspectives on comprehensive and progressive agreement for trans pacific new
Regional MOU on Port State Control
1. Regional Memorandum of
Understanding (MoU) on Port State
Control
Presented by (Group 4):
PHATEDI, Dikoma Ronald
REID, Phillipa Annette
SACKEY-MENSAH, Rebecca
6 February 2015
2. Aim
To understand the development, importance,
functions and challenges that Regional MoU’s
currently face.
3. Food for thought:
Important and interesting connections
● IMO Audit Scheme
● Role of Port State Control Officer (PSCO)
● Individual development of member states
○ awareness and transparency
● The importance of harmonization between member states
○ International credibility
● Port State Control in combating IUU fishing
4. Scope:
● Development Regional MoU’s
● The importance of Regional MoUs
● What is its function?
● What are the challenges and problems?
5. Establishment & Development of Regional
MOU’s
● Flag States not fulfilling their function
● burgeoning development of PSC
○ purpose?
○ importance?
● Regional MoU on PSC
○ why?
6. What is a Regional MoU?
“a convergence of will between the parties indicating an
intended common line of action, rather than creating a
legal commitment”
● Legal nature
○ Distinguish between Treaty and MOU
○ binding v. non binding
○ Paris Mou is legally binding within the EU
○ Advantages
7. Why are Regional MoU’s important?
● Eliminate port-shopping
● Sharing of information pertaining to ships, their owners and their operators
● Reduce burden of repetitive inspections at port
● Give forewarning to maritime states of sub-standard ships within their
midst.
Assist PSC in eliminating sub-standard shipping
8. 9 Regional MoU’s
● Paris MoU
● Tokyo MoU
● Vina del Mar Agreement
● Mediterranean MoU
● Indian Ocean MoU
● Riyadh MoU
● Black Sea MoU
● Caribbean MoU
● Abuja MoU
10. Basic PSC Process:
Ship Risk Profile (SRP)
● Each ship is attributed a SRP which determines its priority and scope of
inspections
● Ships are classified as, high risk, standard risk, low risk based on historic
and generic parameters - based on 36 months
● SRP is calculated after every inspection.
● SRP must not be confused with the WGB list
○ performance of flag state vessels according to detention rate.
■ white, grey and black lists.
11. Contents of a Regional MoU
● What MoU covers:
○ Members to MoU;
○ Lists relevant instruments that will apply to the MoU;
○ Reporting, SPR, selection, inspection and detention;
○ Banning;
○ Information sharing system;
○ Training programmes and seminars
○ Organisation
○ Amendments
○ Annexures
12. Basic PSC Process:
Inspection and selection scheme
● Based on the SRP, the scheme determines the scope, frequency and priority
of inspections.
● Selection scheme divided into two priorities:
○ ships are given a priority eg. priority 1 or 2.
● Inspection
○ Masters office and responsibilities
○ Bridge Area
○ Life Saving Appliances
○ Accomodation
○ Deck Area
○ Working Area
○ Engine Room
13.
14. Challenges and problems within MoU (1)
● Non accession to international conventions
○ eg: Ballast Water Convention, Nairobi Convention
● Lack of implementation strategy
○ Identification of trends in shipping
○ Focused distribution of resources
○ Measuring of performance against KPIs
● Regional shopping
● Growth in shipping
15. Challenges and problems within MoU (2)
● Ways of investigating differ between members
○ Equipment availability,serviceability, realibilty v crew competence
○ what is the threshold?
● Inadequate interregional database collaboration leading to duplication
● Difficulty in Measuring effectiveness of Regional MoUs
● Inability for Members to contribute to, technical, operational, and safety
management standards.
16. The way forward
● Effective information sharing within MoU
● Auditing mechanism like EMSA for the regional areas.
● Capacity building
○ USCG - provide assistance and training to Indian Ocean MoU
○ Focus on CIC
○ More advanced MoU assist less advanced MoU with training
● The committees should enhance effective and efficient work by committees
and subsidiary bodies.
● Joint ministerial meetings to exchange information, annual meetings of
MoU’s, provide assistance in training of inspectors.
17. The way forward
● Strengthening inter-regional collaboration data sharing between regional
MoU’s
● Knowledge Management and effective data sharing
● Encourage members to publish information pertaining to the annual report,
press releases etc. - encourage transparency
● Enhance the efficiency of PSC
18. Conclusion (1)
● Regional MoU’s are non-binding agreements
● Assisting PSC in eliminating sub-standard shipping by monitoring and
enforcing International Conventions.
● Regional MoU’s assist by setting out guidelines for the PSC process and
empowers the PSCO to detain and ban vessels that do not comply
19. Conclusion
● Even though though Regional MoU’s are facing various challenges, there
are lots of positive attributes and room for growth, specially with the less
developed MoU’s
● Future of shipping is expanding - we need to keep up!!!