Regional Memorandum of Understanding (MoU) on Port State

Control

Presented by (Group 4):

PHATEDI, Dikoma RonaldREID, 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!