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!!!