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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
Aim
To understand the development, importance,
functions and challenges that Regional MoU’s
currently face.
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
Scope:
● Development Regional MoU’s
● The importance of Regional MoUs
● What is its function?
● What are the challenges and problems?
Establishment & Development of Regional
MOU’s
● Flag States not fulfilling their function
● burgeoning development of PSC
○ purpose?
○ importance?
● Regional MoU on PSC
○ why?
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
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
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
Distribution of MoU’s
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.
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
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
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
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.
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.
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
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
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!!!
Thank You!

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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!!!