Presented by: The Caribbean MOU on port State control (CMOU)

Presented by: The Caribbean MOU on port State control (CMOU) 1

Content of Presentation Definition What is Port State Control (PSC)? IMO and ILO Conventions relevant to PSC History on Port State Control Overview of Regional MOUs The CMOU on Port State Control CMOU Inspections Ratification and Enactment of Conventions Conclusion 2

Definition The International Maritime Organisation (IMO) defines port State control as the inspection of foreign ships in national ports to verify that the condition of the ship and its equipment comply with the requirements of international regulations and that the ship is manned and operated in compliance with these rules. 3

Definition The IMO further states that Many of IMO's most important technical conventions contain provisions for ships to be inspected when they visit foreign ports to ensure that they meet IMO requirements. Port State Control is provided for in many IMO and International Labour Organization (ILO) Conventions. 4

IMO & ILO Conventions Regulation 19 of chapter I, regulation 6.2 of chapter IX, regulation 4 of chapter XI-1 and regulation 9 of chapter XI-2 of SOLAS, as modified by the SOLAS Protocol 1988; Article 21 of LOADLINE, as modified by the LOADLINE Protocol 1988; Articles 5 and 6, the regulation 11 of Annex I, regulation 16.9 of Annex II, regulation 8 of Annex III, regulation 13 of Annex IV, regulation 8 of Annex V and regulation 10 of Annex VI of MARPOL Article X of STCW Article 12 of TONNAGE Convention; Article 11 of Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 Article 4 of ILO 147 contemplates PSC basis, while the Maritime Labour Convention provides it explicitly in Regulation 5.2.1 For ships to be inspected when they visit foreign ports to ensure they meet international requirements. 5

History on PSC After some well-publicised cases in the 1970 s of truly dreadful ships (conditions and manning), which caused accidents or became stuck in ports, often leaving crew stranded: In 1978, a number of European countries agreed in The Hague on a memorandum to audit whether the labour conditions on board vessels were in accordance with the rules of the ILO. That same year March 16, 1978 saw the sinking of the crude oil tanker, Amoco Cadiz. It was decided to expand the audits to include safety and pollution. 200,000 tons of crude oil near the Brittany Coastline 6

History on PSC As a consequence, in 1982 the (Paris MoU) was agreed upon, establishing Port State Control, constituting 26 European countries and Canada today. In practice, this was a reaction to the failure of the flag states - especially flags of convenience that delegated their task to classification societies - to comply with their inspection duties. 7

History on PSC IMO has encouraged the establishment of regional port state control organizations and agreements on port state control - Memoranda of Understanding or MoUs - have been signed covering all of the world's oceans: Europe and the North Atlantic (Paris MoU) July 1982; Latin America (Acuerdo de Viña del Mar) November 1992 ; Asia and the Pacific (Tokyo MoU) December 1993; Caribbean (Caribbean MoU) February 1996; Mediterranean (Mediterranean MoU) July 1997; Indian Ocean (Indian Ocean MoU) April 1999; West and Central Africa (Abuja MoU) October 1999; Black Sea region (Black Sea MoU) April 2000; and Riyadh MoU - June 2005. 8

History Map showing areas of the different MOUs Signatories to the Paris MOU (blue), Tokyo MOU (red), Indian Ocean MOU (green), Mediterranean MOU (dark green), Acuerdo Latino (yellow), Caribbean MOU (olive), Abuja MOU (dark red), Black Sea MOU (cyan) and Riyadh MOU (navy). 9

History It must also be noted that the United States of America undergoes port State control activities through the US Coast Guard (USGC). 10

Districts where USCG conduct PSC activity 11

Membership in the MOUs MOU # Members Member States Paris MOU 27 Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovenia, Spain, Sweden, United Kingdom Tokyo-MOU 20 Australia, Canada, Chile, China, Fiji, Hong Kong (China), Indonesia, Japan, Republic of Korea, Malaysia, the Marshall Islands, New Zealand, Papua New Guinea, Peru, the Philippines, the Russian Federation, Singapore, Thailand, Vanuatu and Viet Nam Vina del Mar 15 Argentina, Bolivia, Brazil, Colombia, Chile, Cuba, Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Panama, Peru, Uruguay, Venezuela Caribbean MOU 17 Antigua & Barbuda, Aruba, the Bahamas, Barbados, Belize, the Cayman Islands, Cuba, Curacao, France, Grenada, Guyana, Jamaica, the Netherlands, St. Kitts & Nevis, St. Lucia, Suriname, Trinidad and Tobago. Associate Member St. Vincent & the Grenadines Abuja MOU 16 Benin, Cape Verde, Congo, Cote d Ivoire, Gabon, Ghana, Guinea, Liberia, Mauritania, Namibia, Nigeria, Senegal, Sierra Leone, South Africa, The Gambia, Togo 12

13 Membership in the MOUs MOU # Members Member States Mediterranean MOU 10 Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Tunisia, Turkey Indian Ocean MOU 19 Australia, Bangladesh, Comoros, Eritrea, France, India, Iran, Kenya, Maldives, Mauritius, Myanmar, Mozambique, Oman, Sri Lanka, Seychelles, South Africa, Sudan, Tanzania, Yemen. Black Sea MOU 6 Bulgaria, Georgia, Romania, Russian Federation, Turkey, Ukraine Riyadh MOU 6 Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates

The CMOU on PSC The CMOU was signed in Christ Church, Barbados on February 9, 1996. 17 Members of the CMOU - Antigua & Barbuda, Aruba, The Bahamas, Barbados, Belize, the Cayman Islands, Cuba, Curaçao, Grenada, Guyana, France, Jamaica, The Netherlands, St. Christopher and Nevis, St. Lucia, Suriname, Trinidad and Tobago. 1 Associate Member of the CMOU St. Vincent & the Grenadines 6 Observer States of the CMOU Anguilla, Bermuda, British Virgin Islands, Dominica, Sint Maarten, Turks and Caicos Islands. 14

Member & Observer States 15

Mission of the CMOU Eliminate the operation of sub-standard ships in the region through a harmonised system of port State control. 16

Objectives of the CMOU To assist in securing compliance of ships with international conventions/standards regarding: Safety of life at sea; Security; Prevention of maritime pollution; Working and living conditions on board ships; and Seafarer certification and qualifications. 17

The CMOU Organisational Structure CMOU Committee Member States Chairman Observer States Vice Chairman Observer Organisations Secretary General Database Manager Administrative Assistant Accountant 18

The CMOU The Chairman of the CMOU Committee is from Antigua & Barbuda The Vice Chairman is from the Bahamas The Secretariat of the CMOU is currently located in Jamaica headed by a Secretary General whose responsibilities include: Planning of meetings Liaising with Member and Observer States on CMOU matters Planning regular training sessions for regional PSCOs 19

Caribbean Maritime Information System (CMIS) The Caribbean Maritime Information System (CMIS) is located in Paramaribo, Suriname and is overseen by a Database Manager. The Database Manager reports to the Secretariat and also works closely with port state control officers (PSCO) of Member States who are responsible for inputting data into the system. 20

Training IMO guidelines are very specific about training and qualification requirements for PSCOs. The CMOU Secretariat organizes an annual training seminar CMOU PSCOs are eligible for training offered by other regional MOUs. 21

How Does the CMOU work? Section 1.1 Each Administration that has accepted or adhered to the Memorandum will give effect to the provisions of the present Memorandum and the Annexes thereto, which constitute an integral part of the Memorandum, and take all necessary steps to ratify instruments relevant for the purposes of this Memorandum as identified in Section 2.1; Section 1.2 Each Administration will establish and maintain an effective system of port state control with a view to ensuring that, without discrimination as to flag, foreign merchant ships visiting the ports of its state comply with the standards laid down in the relevant instruments defined in Section 2, mindful of the provisions in Section 2.3. 22

Relevant Instruments For the purposes of the Memorandum 'relevant instruments' are the following instruments including their respective protocols and amendments: the International Convention on Load Lines, 1966 (LOAD LINES 66); the Protocol of 1988 relating to the International Convention on load lines, 1966 (LL PROT 88); the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74); the Protocol of 1978 relating to the International Convention for the Safety of life at Sea, 1974 (SOLAS PROT 78); the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974 (SOLAS PROT 88); the International Convention for the Prevention of Pollution from Ships. 1973, as modified by the Protocols of 1978 and 1997 relating thereto (MARPOL 73/78); the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 78); the Convention on the International regulations for Preventing Collisions at Sea, 1972 (COLREG72); the International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 69); the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147) (ILO 147); the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147) (ILO 147 PROT 96); International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (AFS 2001) International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 1969) Protocol of 1992 to Amend the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers 2001) International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (BWM Convention, 2004) the Caribbean Cargo Ship Safety Code (CCSS Code), the Small Commercial Vessel Code (SCV Code) the Maritime Labour Convention, 2006 23

Caribbean Codes Two (2) small vessel codes have been developed specifically for the Caribbean region to regulate substandard ships under 500 GT operating in the region. All vessels under 500GT operating in the Caribbean Trading Area currently fall under one of these two codes: Code of Safety for Small Commercial Vessels (SCV) Code of Safety for Caribbean Cargo Ships (CCSS) 24

Caribbean Trading Area 25

CMOU Inspections Annually between 8,000 10,000 vessel movements take place within the Caribbean region. This includes repeat visits by number cargo and passenger vessels; Annually, over 700 inspections take place on board foreign ships in the CMOU ports, ensuring that these ships meet international safety, security and environmental standards and that crew members have adequate living and working conditions; PSC does not seek to inspect every foreign ship calling at national ports. The regional MOUs set themselves targets; CMOU target of 15%. 26

CMOU Inspection Data (2013 2017) Year Inspections Inspections with Deficiencies Deficiencies Identified Detentions 2013 997 338 1778 20 2014 841 372 1590 15 2015 867 392 2047 18 2016 862 347 1457 15 2017 715 293 1282 9 Total 4282 1742 8154 77 Inspection data for 2017 is still preliminary 27

28 CMOU Inspections by Member State

CMOU Deficiencies 2016/2017 For 2016 there were a total of 1457 deficiencies were recorded which was a decrease of 29% year 2015. For 2017 there were a total of 1282 deficiencies recorded which was a decrease of 11.77% over 2016. Deficiencies 1500 1400 1300 1200 1100 2016 2017 29

Major categories of deficiencies - 2017 For 2017, the following categories had the highest deficiency rates: Fire Safety Measures 234 (18%) Life Saving Appliances 220 (17%) Safety of Navigation 157 (12%) 30

CMOU Detentions 2016/2017 Detentions for the period: 2016 15 2017 9 16 14 Detentions 12 10 8 6 4 2 0 2016 2017 31

Deficiencies Identified re MARPOL Convention Annex 2013 2014 2015 2016 2017 Annex I 103 29 48 26 29 Annex II 0 1 0 0 0 Annex III 0 1 0 0 0 Annex IV 21 17 19 22 19 Annex V 45 22 16 13 11 Annex VI 0 3 7 4 2 Total 169 73 90 65 61 32

MARPOL ANNEX VI Deficiencies Year Deficiency Amount 2014 Record book of engine parameters 1 Incinerator incl. operations and operating manual 2 Incinerator incl. operations and operating manual 5 2015 Operational procedures for engines or equipment 1 Ozone-depleting substances 1 Incinerator incl. operations and operating manual 2 2016 Volatile organic compounds in tankers 1 Other (MARPOL ANNEX VI) 1 2017 Incinerator incl. operations and operating manual 2 33

Ratification of MARPOL 34

Enactment of MARPOL Legislation 35

Why is Enactment important? Res. A. 1119(30) [revoking Res. A. 1052(27)] speaks to the procedures for port State control and highlights certain obligations of Member States. Art. 1.2.4 States cannot enforce PSC compliance to another party if the State does not comply itself; Art. 1.3.1 States that parties are responsible to enact Conventions into national legislation in order to give full and complete effect to ensure safety of life and pollution prevention, a ship is fit for the service for which it is intended and seafarers are qualifies and fit for their duties. 36

Why is Enactment important? Art. 1.3.3 Administrations have to take national measures through legislation to ensure compliance with Convention provisions; Art. 1.5.1 The no more favourable treatment clause can only apply to those Administrations who have accepted the Conventions. 37

Conclusion PSC is one of the enforcement Regimes available to Contracting Governments of IMO/ILO Conventions. For PSC to be effective it must be predicated on sound, timely and effective national maritime legislation The mission of the CMOU is to eliminate substandard ships in the Caribbean Region which is only achievable when State Parties accept IMO/ILO Conventions and enact same in national legislation. Ratification percentages for MARPOL Convention is significant; National Legislation for MARPOL needs improvement; PSCOs have an issue with respect to carrying out their duties without the enabling legislation; PRIORITY should be placed on the enactment of the relevant legislation. 38

Thank You Presented by: Ambassador Dwight Gardiner Chairman Caribbean MOU on port State control 39