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Port State

Control

19 June 2011

Last revised

minutes

3

Reading time

As soon as you enter any country’s waters, you’re under an obligation to abide by all their laws. Detailed onboard examinations are used to check compliance. Port State Control (PSC) is the system of inspection by officials to check vessels’ condition and operation. Safety, security, environmental protection and seafarer welfare are the areas of interest. Port States can require defects to be put right, and detain vessels if necessary. This is all separate, and in addition to, any consideration of the tax status of the owner, beneficial owner and yacht.

minutes

3

Reading time

19 June 2011

Last revised

As soon as you enter any country’s waters, you’re under an obligation to abide by all their laws. Detailed onboard examinations are used to check compliance. Port State Control (PSC) is the system of inspection by officials to check vessels’ condition and operation. Safety, security, environmental protection and seafarer welfare are the areas of interest. Port States can require defects to be put right, and detain vessels if necessary. This is all separate, and in addition to, any consideration of the tax status of the owner, beneficial owner and yacht.

  • The Paris Memorandum of Understanding on Port State Control (Paris MoU) includes European Union coastal countries, Canada, Croatia, Norway, and Russia, among others.

  • The Netherlands Ministry of Infrastructure & Environment provides the secretariat for the Paris MoU.

  • The Paris MoU introduced the New Inspection Regime (NIR) which aims to inspect 100% of all ships, including yachts, visiting ports in the Paris MoU region over a three-year period.

  • Yachts are now included in the NIR and are subject to assessments regarding safety, health, and the environment.

  • Vessels are categorized into High Risk Ships, Standard Risk Ships, and Low Risk Ships, determining the frequency of inspections.

  • The risk categorization is based on factors such as previous inspections, vessel type and age, the yacht's manager's performance, and the country of registry.

  • Inspections are not meant to disrupt cruising schedules but are necessary for compliance.

  • Inspections focus on training, management systems, and the physical integrity of the yacht to ensure safety for the owner, guests, and crew.

  • Preparation is key to a hassle-free inspection, including compliance with relevant rules, crew training, and detailed guidelines.

  • Safety and security procedures must be followed, and honesty is crucial during inspections, as falsifying records or lying to officials is a serious offence.

  • The risk categorization is based on factors such as previous inspections, vessel type and age, the yacht's manager's performance, and the country of registry.

  • Inspections are not meant to disrupt cruising schedules but are necessary for compliance.

  • Inspections focus on training, management systems, and the physical integrity of the yacht to ensure safety for the owner, guests, and crew.

  • Preparation is key to a hassle-free inspection, including compliance with relevant rules, crew training, and detailed guidelines.

  • Safety and security procedures must be followed, and honesty is crucial during inspections, as falsifying records or lying to officials is a serious offence.

  • The Paris Memorandum of Understanding on Port State Control (Paris MoU) includes European Union coastal countries, Canada, Croatia, Norway, and Russia, among others.

  • The Netherlands Ministry of Infrastructure & Environment provides the secretariat for the Paris MoU.

  • The Paris MoU introduced the New Inspection Regime (NIR) which aims to inspect 100% of all ships, including yachts, visiting ports in the Paris MoU region over a three-year period.

  • Yachts are now included in the NIR and are subject to assessments regarding safety, health, and the environment.

  • Vessels are categorized into High Risk Ships, Standard Risk Ships, and Low Risk Ships, determining the frequency of inspections.

superyacht yacht megayacht for sale charter newbuild build building construction owner ownership owners club owner's owners' broker brokerage PSC Port State Control Paris MOU inspection harbor master harbor
superyacht yacht megayacht for sale charter newbuild build building construction owner ownership owners club owner's owners' broker brokerage PSC Port State Control Paris MOU inspection harbor master harbor

All European Union coastal countries, and Canada, Croatia, Norway, and Russia, are party to the Paris Memorandum of Understanding on Port State Control (Paris MoU). The Hague-based Netherlands Ministry of Infrastructure & Environment provides the secretariat. There are 6 other MoU blocs worldwide.

INSPECTION REGIME


The Paris MoU New Inspection Regime (NIR) introduced a target of inspecting, over any three-year period, 100% of all the ships visiting ports and anchorages in the Paris MoU region.


Yachts have been lumped-in with trading ships and ferries. The NIR applies to “ships”, which includes all yachts. Where a yacht is so small, or is not chartered, such that parts of the various maritime conventions (SOLAS, MARPOL, etc) do not apply, the PSC’s task is now to “…to assess whether the ship is of an acceptable standard in regard to safety, health or the environment.” Further, in assessing such vessels, account must be taken, “…of such factors as the length and nature of the intended voyage or service, the size and type of the ship…”.


All vessels are deemed to fall into one of three risk profiles. High Risk Ships must be inspected 5 to 6 months after the last inspection, Standard Risk Ships 10 to 12 months after the last inspection and Low Risk Ships 24 to 36 months after the last inspection. Additional inspections, however, can also be triggered by overriding or unexpected factors. Time windows for the next periodic inspection re-start after any inspection. Where a window has come and gone without checks having been carried – because a yacht has not called at a participating port – that yacht will automatically be targeted on arrival.


The risk categorisation is based on a number of factors – including the details and results of previous Paris MoU inspections, the vessels’ type and age, the performance of the yacht’s manager and the country of registry. In fact, for a yacht to be a Low Risk Ship, the flag must be approved and appear on the annual Paris MoU White List. The United States, Switzerland, Saint Vincent and the Grenadines, Panama, and the Netherlands Antilles all fail to make the List. Unless a yacht is a High Risk Ship, port officials have the option of undertaking an initial inspection – then deciding whether or not to carry out a detailed inspection.


INSPECTIONS


Inspections are not intended to interrupt cruising schedules. They are carried out because they have to be. Most officials in most ports will be polite and efficient, but they can make life difficult if they choose to.


While nearly all large yachts are extremely well presented, it is the training and management systems – as well as the physical integrity of the vessel – which is being examined. Poorly-run vessels can still present a hazard to the owner, guests and crew: perhaps it is better that these issues are picked up sooner rather than later.


PREPARATION


It’s up to the yacht’s captain and manager to ensure that the relevant rules are being complied with and that all crewmembers know what do in an emergency. Detailed guidelines and instructions should already be laid out, where these are mandatory, in the Safety Management System and Ship Security Plan, but it’s how these and other forms of pre-prepared guidance translate into reality that’s key to a fast and hassle-free inspection.


First impressions are crucial. Do all the deckhands and steward(ess)s automatically know to be especially courteous with the PSC inspector? They may not be wearing an official uniform, and could just be yet another supplier. They may not take kindly to being told to remove their shoes – so a box of disposable shoe covers kept by the passarelle will get the process off on the right foot.


Safety and security procedures must be followed at all times: it is the checks that count – not the ticks. Even where a guest may be inconvenienced by a safety briefing, this will be as nothing compared to the yacht being detained later. Falsifying logs and records, or lying to officials, will constitute a serious criminal offence. It is always better to admit a failing than to cover it up: the inspectors have seen it all before.


Members would be well advised to discuss the possibility of inspection with captains and managers sooner rather than later.

superyacht yacht megayacht for sale charter newbuild build building construction owner ownership owners club owner's owners' broker brokerage PSC Port State Control Paris MOU inspection harbor master harbor

Thank you to all our Members who contributed to this article. Unless otherwise stated, this article broadly describes, by way of illustration, the situation in the United Kingdom waters in respect of United Kingdom-registered vessels.  This piece does not provide or replace legal advice.

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