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Monday, April 23, 2018

APPEALING A PORT STATE CONTROL DETENTION

As has been reported previously, it is possible to appeal against what is perceived as an erroneous or unreasonable detention.

We refer to section 3.13 of the Paris MOU which states:

‘’The owners or operator of a ship or his representative in the state concerned will have a right of appeal against a detention decision taken by the Authority of that State. An appeal will not cause the detention to be suspended. The Authority will properly inform the Master of a ship of the right to appeal’’.

The appeal has to be made to the detaining authority rather than the Secretariat of the Port State Control Regime. The commercial consequences of detentions are well understood by members INTERTANKO does hear of a number of spurious detentions and it is unfair for the owner on these occasions. INTERTANKO has tried to take up with the Port State Control secretariats the question of an appeals procedure through them, but they have declined saying that no one has complained about the current arrangements. INTERTANKO believes that there is a need for  change, and so would like to hear from any members who have experienced an unsatisfactory appeals process, so that we can present evidence to indicate that a formal revised appeal procedure needs to be instigated

INTERTANKO would be pleased to hear from members on this issue, please contact howard.snaith@intertanko.com