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Port state control

Port State Control (PSC) is an international maritime inspection regime that enables port states to verify the compliance of foreign-flagged ships visiting their ports with applicable international conventions and standards related to safety, security, environmental protection, and seafarer welfare.^[1] This mechanism serves as a critical safety net, supplementing flag state responsibilities by identifying substandard vessels and authorizing their detention if they present unacceptable risks to maritime safety, the marine environment, or human life.^[1] PSC inspections are conducted by qualified officers who examine the ship's structure, machinery, equipment, documentation, and crew qualifications to ensure adherence to global norms.^[2] The origins of PSC trace back to the late 1970s, spurred by high-profile accidents such as the 1978 grounding of the Amoco Cadiz oil tanker off France, which highlighted deficiencies in flag state oversight and prompted European nations to formalize cooperative inspections.^[3] In 1982, the Paris Memorandum of Understanding (MoU) on PSC was established as the first regional agreement, followed by the International Maritime Organization (IMO) adopting Resolution A.682(17) in 1991 to encourage global harmonization through additional regional MoUs.^[1] Today, nine regional PSC regimes cover much of the world's shipping, including the Paris MoU (Europe and North Atlantic), Tokyo MoU (Asia-Pacific), and others in the Americas, Africa, Black Sea, Mediterranean, Indian Ocean, and Gulf regions, facilitating information sharing via centralized databases to target high-risk ships.^[1] PSC primarily enforces key IMO and ILO conventions, such as the International Convention for the Safety of Life at Sea (SOLAS, 1974), the International Convention for the Prevention of Pollution from Ships (MARPOL, 1973/1978), the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW, 1978), and the Maritime Labour Convention (MLC, 2006), along with others like the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM, 2004).^[2]^[4] Inspections can range from initial document reviews to more detailed examinations, with non-compliance leading to deficiencies, rectifiable conditions, or detentions until resolved.^[2] By promoting uniform procedures and eliminating operational delays for compliant ships, PSC enhances overall maritime governance and has significantly reduced substandard shipping since its inception.^[1]

Definition and Legal Framework

Purpose and Objectives

Port State Control (PSC) refers to the authority and responsibility of a port State to verify that foreign-flagged vessels calling at its ports comply with international maritime standards concerning the ship's condition, equipment, manning, and operation. This mechanism empowers port States to conduct inspections on ships not registered under their flag, ensuring adherence to global requirements for safety and environmental protection.^[1] The core objectives of PSC are to safeguard maritime safety, secure crew welfare, prevent marine pollution, and eliminate substandard shipping practices that undermine these goals. By targeting deficiencies in vessel maintenance and operations, PSC promotes the seaworthiness of ships and protects seafarers from hazardous conditions, while also mitigating risks of accidental or operational pollution. These aims are pursued through verification against major international conventions, including the International Convention for the Safety of Life at Sea (SOLAS) for structural and equipment standards, the International Convention for the Prevention of Pollution from Ships (MARPOL) for environmental safeguards, the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for competency requirements, and the Maritime Labour Convention (MLC) 2006 for labor and welfare protections.^[5]^[1] As a complementary tool to flag State control, PSC addresses gaps where primary oversight by the ship's registering State proves insufficient, functioning as a global safety net to detect and rectify non-compliance. This supplementary role enhances overall maritime security and pollution prevention by enabling port States to detain or restrict substandard vessels until deficiencies are corrected.^[1] Among its key benefits, PSC fosters uniform application of international standards across jurisdictions, deters operators from cutting corners through the risk of routine inspections and potential detentions, and supports data-driven advancements in shipping quality by aggregating inspection outcomes for analysis and targeted interventions. Regional Memoranda of Understanding (MoUs) provide the framework for coordinated PSC implementation among participating States.^[5]^[1]

International Conventions

The cornerstone of port state control (PSC) authority is Article 218 of the United Nations Convention on the Law of the Sea (UNCLOS), which empowers port states to enforce international rules on pollution from ships. Specifically, when a foreign vessel is voluntarily in a port or offshore terminal, the port state may conduct physical inspections if there are clear grounds to believe that the vessel's operation violated applicable pollution prevention standards, even if the violation occurred outside the port state's internal waters, territorial sea, or exclusive economic zone. This provision allows proceedings to be instituted, subject to cooperation with the flag state and other affected states, thereby establishing a foundational mechanism for post-arrival enforcement independent of flag state action.^[6]^[7] PSC activities are further underpinned by key International Maritime Organization (IMO) conventions that mandate inspections of foreign ships to verify compliance with safety, environmental, and labor standards. The International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, authorizes port states under Chapter I, Regulation 19, to detain substandard ships posing risks to safety. The International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as modified by the Protocol of 1978, enables inspections via provisions like Article 5 and Annex I, Regulation 11, to check pollution prevention equipment and records. The Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Convention, 1978, as amended, includes Article X, which requires port states to verify seafarer qualifications and training. Additionally, the Maritime Labour Convention (MLC), 2006, administered by the International Labour Organization but integrated into IMO PSC frameworks, allows inspections to ensure decent working conditions on board, covering rights to fair wages, accommodation, and health protection.^[7] To promote uniformity in PSC implementation, the IMO has adopted resolutions outlining harmonized procedures. Resolution A.1185(33), adopted in 2023, provides detailed guidance for conducting inspections, emphasizing a risk-based approach where initial checks verify certificates and documents, escalating to detailed examinations only on clear grounds of deficiency. It includes standardized checklists in appendices for inspecting structural integrity, machinery, and crew competence under relevant conventions, as well as a system of deficiency codes categorized by convention—such as code 13101 for main engine/propulsion failures under SOLAS or code 14104 for oil filtering equipment issues under MARPOL Annex I—to facilitate consistent reporting and rectification. These procedures support the control provisions in SOLAS, MARPOL, STCW, and other instruments, applying even to ships from non-party states without favorable treatment.^[8]^[7] Amendments to these conventions are routinely incorporated into PSC to address emerging issues, with verification focused on compliance documentation and operational readiness. For instance, MARPOL Annex VI, which regulates air pollution from ships including sulfur oxides (SOx) and nitrogen oxides (NOx) emissions, is enforced through port state inspections of the International Air Pollution Prevention (IAPP) Certificate, engine technical files, and fuel records, as guided by IMO Resolution MEPC.320(74) adopted in 2019. PSC officers check fuel sulfur content limits—such as 0.50% m/m globally since 2020—and the functionality of exhaust gas cleaning systems in emission control areas, detaining vessels for detainable deficiencies like invalid certificates or non-compliant incinerators. This ensures ongoing adaptation to environmental standards without requiring flag state intervention.^[9]^[7]

Historical Development

Origins and Early Initiatives

The concept of port state control (PSC) emerged in the 1960s as a response to growing concerns over maritime safety and environmental protection, particularly following the Torrey Canyon oil spill in 1967, which exposed significant gaps in flag state implementation of international standards.^[10] The disaster, involving the grounding of a Liberian-flagged supertanker off the UK coast and the release of over 100,000 tons of crude oil, underscored the limitations of relying solely on flag states for enforcement, as many operated under flags of convenience with lax oversight. The International Maritime Organization (IMO), established in 1948, intensified efforts to address these deficiencies by promoting coordinated international measures to prevent substandard shipping from endangering ports and coastal waters.^[11] Early IMO initiatives formalized PSC principles in the 1970s, integrating them into key conventions as a supplementary enforcement mechanism. The 1973 International Convention for the Prevention of Pollution from Ships (MARPOL) explicitly incorporated port state control provisions in Article 5 and Article 9, allowing port states to inspect foreign vessels for compliance with pollution prevention standards and detain non-compliant ships until deficiencies were rectified.^[12] Similarly, the 1973 International Convention for the Safety of Life at Sea (SOLAS) introduced related inspection rights in Chapter I, Regulation 19, emphasizing PSC as a safety net to verify operational compliance beyond flag state certification. These adoptions marked a shift toward empowering port states to act proactively, driven by a series of tanker incidents that highlighted the need for uniform global safeguards. The Hague Memorandum of Understanding, signed in 1978 by maritime authorities from several Western European states including Belgium, France, Germany, the Netherlands, Norway, Sweden, and the United Kingdom, represented the first coordinated regional effort to standardize PSC inspections.^[3] Focused initially on harmonizing checks for shipboard living and working conditions under the International Labour Organization's Merchant Shipping (Minimum Standards) Convention, 1976, it laid the groundwork for broader safety and pollution control verifications by promoting information exchange among signatories. This initiative addressed immediate post-Torrey Canyon pressures but was limited in scope, serving as a precursor to more comprehensive arrangements. Prior to the 1980s, PSC faced significant challenges, including inconsistent enforcement across jurisdictions and a lack of systematic information sharing, which allowed substandard vessels to evade detection by "port shopping."^[13] Flag states' varying capacities often resulted in inadequate surveys and certifications, exacerbating risks from aging fleets and economic pressures on shipowners, while port states hesitated to impose detentions without clear international guidelines.^[14] These issues prompted the evolution toward formalized regional memoranda of understanding in the subsequent decade.

Establishment of Regional MOUs

The establishment of regional Memoranda of Understanding (MOUs) marked a pivotal shift in port state control (PSC), institutionalizing coordinated inspections to address substandard shipping beyond national efforts. The Paris MoU, signed on January 26, 1982, by 14 European countries including Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Norway, Portugal, Spain, Sweden, and the United Kingdom, served as the pioneering agreement. It focused on harmonizing PSC procedures to enhance maritime safety, prevent pollution, and improve seafarers' conditions, entering into force on July 1, 1982. Building on early International Maritime Organization (IMO) initiatives, such as Resolution A.466(XII) adopted in 1981, which provided guidelines for PSC inspections, the Paris MoU emphasized regional cooperation to verify compliance with international conventions like SOLAS and MARPOL.^[3] The success of the Paris MoU inspired similar arrangements in other regions, adapting PSC to local trade dynamics. The Tokyo MoU was adopted on December 1, 1993, by 18 maritime authorities in the Asia-Pacific region, including Australia, Canada, China, Fiji, Hong Kong (China), Indonesia, Japan, Republic of Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, the Philippines, the Russian Federation, Singapore, Thailand, Vanuatu, and Vietnam, and became effective on April 1, 1994. It tailored inspections to high-traffic routes in the region, promoting information exchange and uniform standards among its members. The proliferation continued with the Acuerdo de Viña del Mar, signed on November 5, 1992, by 10 Latin American countries—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Panama, Peru, Uruguay, and Venezuela—to standardize PSC and exclude non-compliant vessels from regional ports. This was followed by the Caribbean MoU, signed on February 9, 1996, by nine states including Barbados, Belize, Cuba, and Jamaica, and the Indian Ocean MoU, signed on June 5, 1998, in Pretoria, South Africa, by 20 authorities covering the region to coordinate inspections along key shipping lanes.^[15]^[16]^[17]^[18] Key milestones in the 1990s and early 2000s strengthened these MOUs through technological and procedural advancements. The Paris MoU integrated the THETIS information system in the late 1990s to facilitate data sharing on inspections and ship performance, while the Tokyo MoU established the Asia-Pacific Computerized Information System (APCIS) around the same period to centralize PSC records and support targeted oversight. These systems enabled more efficient tracking of deficiencies across borders. A significant development came in 2000 with the adoption of the New Inspection Scheme (NIS) by the Paris MoU, introducing risk-based targeting that prioritized high-risk vessels based on factors like flag state performance and inspection history, influencing subsequent enhancements in other regimes.^[19]^[20]

Regional PSC Organizations

Paris Memorandum of Understanding

The Paris Memorandum of Understanding on Port State Control (Paris MoU), signed on January 26, 1982, represents the pioneering regional agreement for harmonized port state control inspections, aimed at eliminating substandard shipping through cooperative enforcement of international maritime standards.^[21] As the oldest such regime, it has influenced subsequent memoranda worldwide by establishing a framework for information sharing and risk-based targeting among its members.^[1] Membership consists of 27 active maritime administrations from European coastal states and Canada, spanning the North Atlantic basin and covering ports that handle a substantial volume of international shipping, with over 17,000 inspections conducted annually.^[22] The Russian Federation's participation has been suspended since 2022, reducing the total from 28 signatories.^[22] These authorities collaborate to verify compliance with key conventions such as SOLAS, MARPOL, and the STCW, focusing on safety, pollution prevention, and seafarer welfare.^[21] The operational framework relies on the THETIS database, hosted by the European Maritime Safety Agency (EMSA), which centralizes inspection data to enable ship risk profiling.^[23] Ships are categorized into high-risk, standard-risk, or low-risk profiles based on factors including company performance, flag state record, vessel age, type, and prior inspection history, guiding the selection for expanded or more frequent inspections.^[24] This risk-based approach ensures targeted oversight, with low-risk ships potentially exempt from certain routine checks.^[25] Inspections follow harmonized procedures aligned with IMO Resolution A.1155(32) and EU Directive 2009/16/EC, emphasizing detailed verification of structural integrity, equipment functionality, and certification validity.^[26] Annual reports document outcomes, revealing detention rates that have trended upward in recent years; for instance, the 2024 rate reached 4.03%, up from 3.81% in 2023, reflecting persistent challenges with detainable deficiencies like life-saving appliances and fire safety systems.^[27] These reports underscore the regime's effectiveness in identifying non-compliance while promoting overall industry improvement.^[28] Unique features include Concentrated Inspection Campaigns (CICs), short-term initiatives targeting specific high-risk areas, often conducted jointly with other regimes like the Tokyo MoU.^[29] Examples encompass the 2024 CIC on crew wages and seafarer employment agreements under the MLC 2006, which examined documentation and financial security, and the 2023 CIC on fire safety systems, verifying door operations and alarm functionality.^[30] Additionally, the THETIS system evaluates company performance through detention and deficiency ratios, classifying operators as high, average, or low performing to influence ship risk assessments and encourage accountability among shipowners and managers.^[31]

Tokyo Memorandum of Understanding

The Tokyo Memorandum of Understanding on Port State Control in the Asia-Pacific Region (Tokyo MoU), signed in December 1993, serves as a cooperative framework among regional maritime authorities to enhance port state control and eliminate substandard shipping practices that threaten maritime safety, environmental protection, and seafarer welfare. Building on earlier global initiatives for harmonized inspections, it promotes a unified approach to verifying compliance with international conventions in one of the world's busiest shipping lanes. The organization comprises 22 member authorities, including Australia, Canada, Chile, China, Fiji, Hong Kong (China), India, Indonesia, Japan, Republic of Korea, Malaysia, Marshall Islands, Mexico, New Zealand, Papua New Guinea, Peru, Philippines, Russia, Singapore, Thailand, Vanuatu, and Vietnam, encompassing major ports like Singapore—the world's top transshipment hub—along with key facilities in Japan and China that collectively manage a substantial share of global container and bulk cargo volumes.^[15]^[32] Central to the Tokyo MoU's operations is the Asia-Pacific Computerised Information System (APCIS), a shared database that facilitates real-time data exchange on inspections among members and calculates a Ship Risk Profile (SRP)—also referred to as the Ship Risk Index (SRI)—for each vessel. The SRP categorizes ships as low, standard, or high risk using a combination of generic and historical parameters, including the vessel's inspection history (e.g., previous deficiencies and detentions), age (with older ships generally rated higher risk), flag state performance (based on detention ratios and inspection outcomes over three years), and company performance (evaluated through recognized organization audits and compliance records). This risk-based targeting under the New Inspection Regime (NIR), implemented since 2014, determines inspection priority and frequency, with high-risk ships subject to more frequent and detailed checks to optimize resource allocation.^[33]^[34]^[35] The Tokyo MoU conducts extensive inspection activities, performing more than 30,000 port state control inspections annually to address region-specific challenges, such as ballast water management under the International Convention for the Control and Management of Ships' Ballast Water and Sediments, which is a priority due to the area's vulnerability to invasive species and pollution. In 2024, members carried out 32,054 inspections on 18,655 individual ships, resulting in 77,526 deficiencies recorded and 1,189 detentions—a detention rate of 3.71%, reflecting a 0.6 percentage point decline from the prior year amid ongoing efforts to target underperforming vessels. Distinct to the Asia-Pacific context, the MoU emphasizes monitoring emerging risks like ship security in piracy-prone waters through verification of the International Ship and Port Facility Security (ISPS) Code during inspections, while integrating with ASEAN maritime cooperation via participation of six Southeast Asian member states and alignment with regional transport agreements that reference Tokyo MoU standards.^[36]^[37]

Other Regional Regimes

The Acuerdo de Viña del Mar, signed in 1992, unites 10 Latin American maritime authorities—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Panama, Peru, Uruguay, and Venezuela—to implement port state control measures, with a particular emphasis on preventing oil spills and marine pollution across the Americas through harmonized inspections under international conventions like MARPOL.^[16]^[38] This regime utilizes the CIALA database to store and share real-time inspection data on deficiencies, detentions, and ship performance, enabling coordinated enforcement and targeting of substandard vessels in the region.^[39] The Caribbean Memorandum of Understanding on Port State Control, established in 1996, involves 14 member states and associate members, prioritizing the unique vulnerabilities of small island developing states to ship-sourced pollution, such as oil and hazardous substance spills that threaten fragile marine ecosystems and coastal communities.^[40] In 2024, the regime conducted over 300 inspections, resulting in 500 deficiencies and 6 detentions (approximately 1.8% rate), to deter non-compliance and protect environmental integrity.^[41] The Mediterranean Memorandum of Understanding on Port State Control (Med MoU), established in 1997, coordinates inspections among 11 maritime authorities from European and North African countries, including Albania, Cyprus, Croatia, Egypt, Greece, Israel, Italy, Jordan, Malta, Montenegro, and Spain (as observer), focusing on safety, security, and pollution prevention in the Mediterranean basin. It uses the Mediterranean Information System (MedSIS) database for data sharing and risk profiling, with annual reports indicating a 2023 overall detention rate of 2.34%. The regime participates in joint CICs and addresses regional issues like migration-related vessel risks.^[42]^[43] The Indian Ocean Memorandum of Understanding, signed in 1998, and the Black Sea Memorandum of Understanding, signed in 2000, extend port state control to emerging markets in these regions, encompassing authorities from countries like India, South Africa, Turkey, and Ukraine to address safety and pollution risks in high-traffic trade routes.^[44] These regimes face ongoing challenges in resource-limited ports, including inconsistent inspector training and infrastructure constraints, which hinder consistent targeting and follow-up; nonetheless, their combined efforts result in approximately 10% of global ship inspections as of 2024, focusing on bulk carriers and tankers prevalent in these areas. In 2024, the Indian Ocean MoU conducted 5,334 inspections, while the Black Sea MoU performed nearly 4,600 inspections with a detention rate of 4.71%.^[45]^[46]^[1] Together with the Paris and Tokyo Memoranda, these other regional regimes contribute to comprehensive global coverage, encompassing about 95% of the world's merchant tonnage through coordinated inspections as of 2024, though notable gaps persist in parts of Africa and the Middle East where dedicated MOUs like Abuja and Riyadh operate on a smaller scale.^[1]

Inspection Procedures

Targeting and Selection

Port state control (PSC) regimes employ a risk-based approach to targeting and selecting ships for inspection, primarily through the New Inspection Regime (NIR) adopted by major regional memoranda of understanding (MOUs) such as the Paris MoU and Tokyo MoU. This system classifies ships into high-risk profile (HRP), standard-risk profile (SRP), or low-risk profile (LRP) categories to prioritize resources on vessels posing greater safety, environmental, or labor compliance risks. The classification draws from the legal framework established in IMO Resolution A.1185(33) on Procedures for PSC, which encourages efficient inspection targeting to verify compliance with international conventions.^[7] Ship risk profiles are determined using a combination of generic and historical factors, including the vessel's age, type, flag state performance, recognized organization (RO) history, company performance under the International Safety Management (ISM) Code, and deficiencies recorded in the previous 36 months from inspections. For instance, under the Paris MoU, the profile is recalculated daily via the THETIS information system, integrating data on prior inspections, detentions, and port calls. Flag state performance is further informed by the MOUs' white, grey, and black lists, which rank flags based on three-year rolling data of inspections and detentions; black-listed flags indicate high risk and elevate a ship's overall profile, while white-listed flags suggest low risk.^[47] Targeting methods under the NIR mandate inspections for HRP ships within 5-6 months of their last regional inspection, ensuring frequent oversight of higher-risk vessels. SRP ships are targeted every 10-12 months, often through random selection to maintain coverage, while LRP ships face inspections only every 24-36 months or upon random draw, rewarding consistent compliance. Inspectors retain override authority to select any ship for inspection based on visible issues, such as structural damage or operational hazards observed upon arrival, regardless of profile; this professional judgment integrates inputs from global databases like the IMO's Global Integrated Shipping Information System (GISIS), which provides ship particulars, casualty data, and PSC records to support informed decisions.^[48] This risk-based targeting enhances effectiveness by minimizing unnecessary inspections of low-risk vessels while concentrating efforts on problem areas.^[49]

Types of Inspections

Port State Control (PSC) inspections vary in scope and depth depending on the ship's risk profile and initial findings, with the primary types including general (or initial) inspections, more detailed inspections, and expanded inspections. These are standardized across regional memoranda of understanding (MOUs) to ensure consistent enforcement of international maritime conventions.^[50]^[33] A general or initial inspection serves as the starting point for most PSC visits, typically lasting 1-2 hours and focusing on a visual examination of the ship's overall condition, including certificates, documentation, and visible compliance in key areas such as the navigation bridge, accommodation, galley, decks, cargo holds, and engine room. This type verifies adherence to conventions like SOLAS, MARPOL, and the MLC, and confirms that any previous deficiencies have been rectified within required timelines. It is conducted on ships selected through risk-based targeting mechanisms to identify substandard vessels efficiently.^[50] If clear grounds for concern arise during the initial inspection—such as invalid certificates, evidence of structural damage, or operational issues—a more detailed inspection follows, involving an in-depth review of the affected areas, random sampling of other sections, and operational tests related to crew competency under STCW and safety management under ISM Code. This type is particularly applied to ships from non-recognized flag states or those showing initial non-compliance, ensuring thorough verification without unnecessarily detaining low-risk vessels. For high-risk ships (HRS) or specific vessel types like bulk carriers, oil tankers, chemical tankers, or passenger ships over 12 years old, an expanded inspection is mandatory, providing a comprehensive assessment across all relevant convention areas, including human element factors, and may extend over several days to cover the entire vessel.^[50] In addition to routine inspections, concentrated inspection campaigns (CICs) represent targeted, temporary efforts coordinated among regional MOUs to address specific high-risk topics, such as ballast water management or STCW compliance, conducted over a three-month period (typically September to November) and integrated into regular PSC visits. These campaigns analyze inspection results collectively to identify trends and improve global standards, with past examples including focuses on emergency systems (2019), the Maritime Labour Convention (2016), and the Polar Code (2022).^[29]

Reporting and Databases

Port state control (PSC) inspections generate detailed reports that document findings, deficiencies, and actions taken, utilizing standardized deficiency codes developed by the International Maritime Organization (IMO) and adopted by regional memoranda of understanding (MOUs). These codes classify issues into categories such as minor, substantial, or those grounds for detention, ensuring uniform identification across inspections. For instance, code 01101 pertains to the cargo ship safety equipment certificate, while code 11101 addresses lifeboats under life-saving appliances.^[51] This coding system facilitates consistent tracking of compliance with international conventions like SOLAS and MARPOL. Regional PSC organizations maintain dedicated databases for storing and sharing inspection data in real time, enabling targeted follow-up inspections and risk assessment. The Paris MoU employs THETIS, hosted by the European Maritime Safety Agency (EMSA), which provides comprehensive ship profiles and inspection histories to port state control officers (PSCOs).^[23] Similarly, the Tokyo MoU uses the Asia-Pacific Computerized Information System (APCIS) to collect and exchange PSC data among member authorities, supporting inter-regional hyperlinks with systems like THETIS.^[36] Globally, the IMO's Global Integrated Shipping Information System (GISIS) integrates PSC modules for real-time sharing of inspection results across regimes, allowing flag states and other stakeholders to access deficiency records promptly.^[52] The reporting process begins immediately after an inspection, with PSCOs submitting reports to their regional database or GISIS typically within 24 hours to ensure timely data entry and notification. A copy of the inspection report (Form A for general results and Form B for deficiencies) is provided to the ship's master and operator, detailing any issues found and required corrective actions.^[53] Annual reports published by the MOUs aggregate this data, offering statistics on inspection rates—for example, the Paris MoU's 2024 report noted 16,508 inspections with a 4.03% detention rate (as of 2024)—and detention percentages to inform policy and performance evaluations.^[54] Harmonization of reporting and database procedures is guided by IMO Resolution A.1185(33), which outlines standardized formats for inspections, deficiency reporting, and data exchange to promote consistency across PSC regimes.^[53] This resolution ensures that reports adhere to uniform templates, such as those in appendices for Forms A and B, facilitating interoperability between regional systems like THETIS and APCIS while integrating with GISIS for global oversight.

Enforcement Measures

Handling Deficiencies

In port state control (PSC) inspections, deficiencies are identified when a vessel or its equipment fails to comply with applicable international conventions, such as SOLAS, MARPOL, or the ISM Code. According to IMO guidelines, these are broadly classified as detainable or non-detainable based on their potential to compromise safety, the environment, or seaworthiness, though regional MoUs may use additional categories like minor and substantial for non-detainable issues.^[53]^[55] Non-detainable deficiencies involve non-compliances that do not pose an immediate danger, such as minor documentation errors or superficial equipment issues that do not affect overall vessel operation. Detainable deficiencies represent serious issues that could compromise safety or environmental protection, like inadequate maintenance of fire-fighting systems or structural weaknesses, which require detention until rectified.^[2] Corrective actions for deficiencies are tailored to their classification to ensure prompt resolution without unduly delaying safe vessels. For non-detainable deficiencies, on-the-spot rectification is often required before departure, allowing the port state control officer (PSCO) to verify compliance immediately. More significant non-detainable deficiencies permit time-limited corrections, such as repairs within 14 days or at the next port of call, with the vessel potentially sailing under conditions if temporary measures are deemed adequate; re-inspection may follow to confirm fixes. Detainable deficiencies demand immediate attention, often involving temporary measures to prevent further risk, followed by full repairs at a suitable facility. These actions are documented using standardized reporting codes, such as code 10 for immediate rectification or code 16 for 14-day deadlines, facilitating tracking across regional memoranda of understanding (MOUs).^[55]^[56] The master of the vessel bears primary responsibility for addressing deficiencies, including cooperating with the PSCO, implementing required fixes, and ensuring crew awareness of corrective measures. The company, under the ISM Code, must support these efforts by providing resources, reporting completed rectifications, and preventing recurrence through the safety management system; failure to report fixes can escalate minor issues to higher scrutiny in future inspections. In cases of ISM-related deficiencies, companies are obligated to initiate corrective actions within three months for non-detainable matters.^[53] Statistical trends from regional MOUs highlight the prevalence of non-detainable deficiencies, which constitute approximately 90% of all recorded issues, underscoring the focus on routine maintenance rather than systemic failures. For instance, in the Paris MoU region in 2022, out of 47,167 total deficiencies, only 4,873 (about 10%) were detainable, with minor issues commonly arising in areas like safety equipment maintenance, including life-saving appliances (9.5% of total) and fire safety measures (15.5%). The 2024 Paris MoU report noted a detention rate of 4.03%, with similar patterns in deficiency types.^[57]^[54] Similar patterns appear in the Tokyo MoU, where 62.3% of 2024 inspections noted deficiencies, predominantly non-detainable ones in fire safety and navigation equipment. These trends emphasize the role of PSC in promoting proactive compliance to minimize escalation.^[36]

Detention and Banning

Detention in port state control (PSC) represents a severe enforcement measure applied to ships with deficiencies that pose significant risks to safety, the marine environment, or seafarers' welfare. When a port state control officer (PSCO) identifies detainable deficiencies—such as structural damage, invalid certificates, non-compliant manning, or equipment failures that cannot be immediately rectified—the ship is prohibited from sailing until corrections are made. The vessel remains held in port or at anchorage, with the master and company responsible for rectifying the issues, often requiring repairs at a suitable facility. Upon completion, a re-inspection by PSCOs verifies compliance before release; this process typically lasts several days, though durations can vary based on deficiency complexity and repair availability.^[58] For ships with a history of repeated non-compliance, PSC regimes impose a banning order, also known as refusal of access, which denies entry to ports within the regional memorandum for a specified period. Under the Paris Memorandum of Understanding (MoU), a ship is banned for a minimum of two months if it accumulates three detentions within 36 months (for black-listed flags) or 24 months (for grey-listed flags), with longer bans possible for additional violations like jumping detention or failing to report to a designated repair yard. Similarly, the Tokyo MoU applies a 12-month ban for three detentions within 36 months, extending to 24 months for a fourth, regardless of flag changes or ownership transfers. Bans persist across the region to deter substandard shipping, with exceptions only for force majeure or imminent safety risks if preventive measures are in place.^[59]^[60] Upon detention or banning, the flag state and recognized organization are immediately notified in writing, along with the International Maritime Organization (IMO) through deficiency reports, enabling coordinated follow-up and potential flag state action. These measures carry substantial economic consequences, including demurrage costs from delayed voyages—often thousands of dollars per day—and long-term reputational damage that can lead to higher insurance premiums or lost business opportunities. Globally, PSC detention rates hover around 2-3%, with higher rates for flags of convenience due to poorer performance on MoU lists; rates increased post-2020 amid pandemic-related backlogs in maintenance and inspections, exacerbating deferred compliance issues.^[61]

Jurisdiction and Cooperation

Port State Authority

Port state authority in conducting port state control (PSC) stems from the sovereign rights of coastal states as outlined in the United Nations Convention on the Law of the Sea (UNCLOS). Under Article 218 of UNCLOS, a port state may undertake investigations and, where warranted, institute proceedings against a foreign vessel for violations of applicable international rules and standards on vessel-source pollution, such as discharges, even if the violation occurred outside the port state's internal waters, territorial sea, or exclusive economic zone, provided the vessel is voluntarily within its port or offshore terminal.^[62] This provision enables port states to enforce pollution regulations independently of the flag state's actions, with requirements to notify the flag state and share investigation records upon request.^[62] Article 219 further empowers port states to require a vessel to proceed to a repair port or remain in port for measures ensuring seaworthiness to avoid pollution risks, including detention if necessary before departure.^[62] Port states may also impose monetary penalties for such violations, limited to fines for foreign vessels to respect due process rights under Article 230.^[62] The scope of port state authority is confined to foreign ships that enter ports voluntarily, as ports constitute internal waters where full sovereign jurisdiction applies.^[62] This jurisdiction does not extend to vessels exercising the right of innocent passage through the territorial sea, where coastal states' enforcement powers are more restricted under Articles 17–19 and 25 to prevent non-innocent passage without broader interference.^[62] PSC authority implements obligations from underlying international conventions, such as the International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention for the Safety of Life at Sea (SOLAS), by verifying compliance during voluntary port calls. National implementation of port state authority varies but is often harmonized through regional frameworks. In the European Union, Directive 2009/16/EC, as amended and subject to proposed updates in 2025 to align with revised IMO procedures, requires member states to establish common criteria for PSC, mandating inspections of foreign ships to ensure compliance with international standards and authorizing detention for hazardous deficiencies that pose risks to safety, health, or the environment.^[63]^[64] This directive promotes uniform enforcement across EU ports by integrating inspection results into a shared database and coordinating actions like access refusals for substandard vessels.^[63] Key limitations on port state authority prevent undue interference with vessel operations. Port states cannot detain or alter a ship's seaworthiness unless deficiencies present an immediate threat to maritime safety, life, property, or the marine environment, as per UNCLOS Article 219 and PSC guidelines.^[62] For instance, accidental damage not rectified may exempt a vessel from detention if appropriate remedial actions are underway and notified.^[63] Ship operators and flag states retain the right to appeal detention or access refusal decisions through national procedures, though such appeals do not suspend the imposed measures, ensuring swift enforcement while providing recourse.^[63]

Relations with Flag States

Port state control (PSC) operates as a supplementary mechanism to flag state responsibilities under international maritime law, requiring port states to notify flag states promptly of any deficiencies identified during inspections. According to the Procedures for Port State Control adopted by the International Maritime Organization (IMO) in resolution A.1185(33) (2023), port states must inform the flag state immediately upon detaining a ship, providing details such as the ship's IMO number, inspection reports, and grounds for detention via the IMO's Global Integrated Shipping Information System (GISIS).^[65] This notification extends to operational violations, such as improper handling of noxious substances under MARPOL Annex II, where evidence like sample analyses and Cargo Record Book entries must be shared to enable flag state follow-up.^[65] Similarly, under SOLAS regulation I/19 and STCW article X(3), reports of detentions or crew certification issues are forwarded to the flag administration, ensuring the flag state can initiate remedial actions and report outcomes back to IMO.^[7] Cooperation between port and flag states is facilitated through structured mechanisms, including post-inspection investigations and shared resources under IMO programs. Following a PSC inspection, flag states are expected to conduct their own inquiries into reported deficiencies, often consulting with port states on evidence and enforcement, as outlined in IMO resolution A.1185(33), which encourages port states to refer violation cases to flag administrations for prosecution.^[65] The IMO's former Sub-Committee on Flag State Implementation (FSI), now integrated into the Sub-Committee on Implementation of IMO Instruments (III), promotes joint efforts such as audits under the Member State Audit Scheme (MSAS) to enhance flag state performance and align it with PSC outcomes.^[66] Regional PSC regimes, supported by IMO workshops and electronic data exchanges via GISIS, further enable real-time collaboration, allowing flag states to access inspection data and coordinate remedial measures. As of 2025, the IMO is considering updates to PSC procedures to further enhance global harmonization.^[7]^[67] Despite these frameworks, tensions arise from jurisdictional disputes, with flag states asserting primary responsibility over their vessels under article 94 of the United Nations Convention on the Law of the Sea (UNCLOS), while port states exercise enforcement rights as a secondary safeguard.^[68] Conflicts often emerge when flag states challenge PSC detentions as exceeding port state authority, leading to appeals or delays in rectification, as seen in cases where port states must balance SOLAS and MARPOL provisions against flag state objections.^[65] A notable issue is "flag hopping," where shipowners repeatedly change flags to evade PSC bans or heightened scrutiny in specific regions, undermining enforcement and complicating jurisdiction, as highlighted in analyses of substandard shipping practices.^[69] To mitigate such overlaps and disputes, the IMO's PSC activities have emphasized harmonization since the 2010s through its Sub-Committee on Implementation of IMO Instruments (III), which reviews and updates global procedures to ensure consistency across port states.^[70] Resolution A.1185(33) (2023) standardizes inspection guidelines, aligning them with the Harmonized System of Survey and Certification (HSSC) to reduce discrepancies that could fuel flag state-port state conflicts.^[65] The IMO PSC Committee facilitates ongoing dialogue via intersessional groups and workshops, promoting uniform application of conventions and data sharing, which has contributed to fewer jurisdictional challenges since 2010 by integrating flag state performance metrics into PSC targeting.^[7]

Challenges and Future Directions

Current Issues

Resource constraints remain a significant barrier to effective port state control (PSC) implementation, particularly in developing regions where inspectorates are often understaffed and face logistical challenges. Limited personnel and training opportunities lead to uneven enforcement, with fewer inspections conducted in resource-poor areas compared to well-funded European or North American ports. For instance, the COVID-19 pandemic exacerbated these issues by causing a sharp decline in global inspections, creating backlogs that contributed to higher detention rates in certain regions as deferred maintenance issues surfaced during resumed operations.^[71]^[72] Emerging risks in maritime operations, such as cyber vulnerabilities in ship systems, the rise of autonomous vessels, and transitions to green fuels, are not adequately addressed by existing PSC checklists, which were primarily designed for conventional vessels. Cyber threats, including ransomware and GPS spoofing, expose connected navigation and cargo management systems to potential disruptions, yet inspections rarely include comprehensive cybersecurity audits. Similarly, the shift toward alternative fuels like ammonia and hydrogen introduces safety hazards related to storage and handling that current protocols overlook, while autonomous ships challenge traditional crew-focused verification methods. These gaps highlight the need for updated guidelines to mitigate risks in an increasingly digital and sustainable shipping environment.^[71]^[73] Substandard shipping persists despite PSC efforts, with high-risk flags such as those of Panama and Liberia continuing to account for a disproportionate share of detentions. In 2024, under the Tokyo Memorandum of Understanding (MoU), Panama-flagged vessels underwent 8,539 inspections resulting in a 4.08% detention rate, while Liberia's rate was 3.67% across 4,436 inspections; the Paris MoU reported an overall detention rate of 4.03%, indicating persistent issues with substandard shipping based on recurring deficiencies in safety and maintenance. These flags, often associated with flags of convenience, dominate detention lists due to inadequate oversight by flag states, underscoring the limitations of MOUs in eliminating substandard operators.^[36]^[74]^[71] Harmonization gaps among regional MOUs complicate multinational operations, as variations in procedures, such as differing ban durations for repeat offenders, create inconsistencies in enforcement. For example, the Paris MoU imposes bans for a minimum period following multiple detentions, but durations and criteria differ from those in the Tokyo or Black Sea MOUs, leading to potential forum shopping by substandard shipowners. These discrepancies undermine the global PSC framework's effectiveness, as ships may evade stricter regimes by operating in less rigorous regions.^[71]^[59]

Ongoing Reforms

Ongoing reforms in port state control (PSC) are driven by the need to adapt to emerging maritime challenges, such as cybersecurity threats and environmental imperatives, while leveraging technology for greater efficiency. Regional memoranda of understanding (MoUs), particularly the Paris MoU, have piloted enhancements to inspection processes, including the integration of advanced data analytics for ship risk profiling within the THETIS database system, which supports real-time electronic reporting of inspections and deficiencies. This digital evolution, accelerated since 2022, aims to streamline targeting of high-risk vessels and reduce administrative burdens on inspectors.^[75] The International Maritime Organization (IMO) is expanding the scope of PSC checklists to address contemporary risks. Through Resolution MSC.428(98), adopted in 2017 and effective from 2021, cyber risk management has been incorporated into safety management systems under the ISM Code, with port state authorities verifying compliance during inspections to mitigate vulnerabilities in shipboard systems. Additionally, amendments to MARPOL Annex VI, which entered into force on 1 August 2025, require PSC officers to assess adherence to the Ship Energy Efficiency Management Plan (SEEMP) and Energy Efficiency Design Index (EEDI), including data collection for the Carbon Intensity Indicator (CII), to enforce global decarbonization goals. These updates ensure that energy efficiency measures are not only documented but operationally verified in ports.^[76] Global initiatives focus on harmonization and capacity building to strengthen PSC enforcement worldwide. The IMO promotes enhanced cooperation among the nine regional MoUs through shared guidelines and joint concentrated inspection campaigns (CICs), such as the 2024 collaboration between the Paris and Tokyo MoUs on seafarer wages under the Maritime Labour Convention. While a single unified global MoU remains aspirational, IMO oversight via resolutions like A.1185(33) encourages consistent procedures across regions. Training efforts have intensified, with IMO workshops and specialized courses for PSC officers, including practical modules on emerging risks like cyber and environmental compliance, to build a skilled international inspectorate.^[1]^[77] Looking ahead, reforms emphasize innovative technologies to cover more vessels efficiently. Guidance from classification societies, such as ABS's 2022 notes on remote inspection technologies, explores the use of drones and remotely operated vehicles (ROVs) for hull and structural assessments, potentially extending to PSC for non-intrusive checks on high-risk ships. These advancements could enable broader coverage without compromising safety, aligning with IMO's vision for resilient maritime operations by 2030.^[78]

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None
Below is a merged summary of the segments related to **A.33/Res.1185 - Procedures for Port State Control, 2023**, consolidating all information on **Classification of Deficiencies**, **Corrective Actions**, and **Responsibilities**. To maximize detail and clarity, I’ve organized the information into tables in CSV format, followed by a narrative summary of additional details and URLs. This ensures all provided information is retained in a dense, structured, and comprehensive manner.
[55]
None
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None
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Inherent risks in the shipping industry - Rightship
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[60]
Banning - Paris MoU
Ships are banned after multiple detentions: these ships will be refused access to any port in the region of the Memorandum for a minimum period.
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Guidelines & Procedures - Tokyo MOU
In accordance with decision of the Port State Control Committee, guidelines or summary of guidelines below are published for providing.
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[PDF] United Nations Convention on the Law of the Sea
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Directive - 2009/16 - EN - EUR-Lex
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[65]
https://wwwcdn.imo.org/localresources/en/OurWork/IIIS/Documents/A%2033-Res.1185%20-%20PROCEDURES%20FOR%20PORT%20STATE%20CONTROL,%202023%20(Secretariat)%20(1).pdf
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[PDF] Measure to harmonize and improve port state control procedures ...
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[73]
Improving port state control through a transfer learning-enhanced ...
The digital transformation of ports has introduced significant changes to PSC inspections, heralding a new era of efficiency, accuracy, and transparency in the ...
[74]
Maritime cyber risk
The resolution encourages administrations to ensure that cyber risks are appropriately addressed in existing safety management systems (as defined in the ISM ...
[75]
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[PDF] Guidance Notes on the Use of Remote Inspection Technologies 2022
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