INTERTANKO and Paris MoU discuss the integrity and effectiveness of port state control

Recognising the important role of Port State Control (PSC) in the effort to lift shipping standards through the use of rigorous independent inspection regimes, representatives of INTERTANKO and the Paris MoU Secretariat met in Brussels recently.

All those present stressed the importance of maintaining the highest possible levels of integrity and professionalism in PSC procedures and mechanisms in order to sustain the credibility of the system, and of ensuring that such standards are maintained in all port state control regimes worldwide. In this respect INTERTANKO noted that the Paris MoU is at the forefront of this drive and is applying standards which set an example for others. The tanker owners? association particularly emphasised the Paris MoU?s effective and independent appeals procedure and its systems for targeting vessels whose structure, equipment or operation may be substandard.

Regrettably, the operation of PSC to such high standards is not always achieved by other PSC regimes. INTERTANKO highlighted particular problems such as:

?excessively enthusiastic? inspectors, in which situation the owner has virtually no recourse to complain, ?selective targeting?, e.g. reciprocal (tit-for-tat) targeting by a coastal state against a ship because the flag administration of that ship has been perceived to be conducting a campaign against ships registered in that coastal state, and

?easy targeting?, where a good owner is picked upon as an ?easy? target by a port state inspector who has to ensure that a particular quota of inspections is achieved ? thus nullifying and indeed reversing any ?reward? or ?incentive? for being a responsible owner ?malpractice?, which basically takes two forms:

?third party interest?, where the inspector appears to be acting on behalf of third parties (e.g. in pressuring the ship/owner to utilise certain port services); or where the inspector harasses the ship/owner to such extent as to deter it/him from

continuing in that trade (presumably driven by the interest of a competitor) self interest?, where the inspector (either singly or collectively on behalf other inspectors) makes financial demands, ranging from cash payments to “requiring” the ship/owner to make unwarranted repairs or replacements (using a nominated supplier), to avoid either a deficiency report or a detention.

Lately, particularly with the increased emphasis on grey and black lists, and/or where the commercial consequences are significantly heightened , the ?value? of avoiding a detention, or even a deficiency notice, has escalated considerably. It is also clear that, because of the relatively low numbers of ships involved, one additional detention can have a significant influence on the port state control statistics of the owner, flag or class involved, a point apparently well recognised in some ports.

In response, Paris MoU welcomed the opportunity to meet with INTERTANKO and be given a clarification of the press report on the reported comments made at the Mare Forum in November. The Paris MoU is as concerned as the industry on any matter which reflects on the integrity and effectiveness of PSC throughout the world.

Both parties acknowledged that any evidence of the abuse of the PSC inspection regime should be highlighted and brought out into the open. At the conclusion of the meeting it was agreed to encourage equitable, uniform, transparent and trusted PSC processes and procedures on a worldwide basis. This includes their support for regular and open communication between responsible shipowners and PSC officials while extending on a worldwide basis the Paris MoU?s independent appeals procedures for owners who are supported, by their flag or class, in their belief that they have a genuine grievance about a specific detention. In addition, exploration of suitable mechanisms for owners to provide confidential feedback where they have encountered particular problems and, if necessary, the presenting of any abuse of the PSC powers to the IMO.