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Tuesday, October 16, 2018

HONESTY WITH PORT STATE CONTROL

Following the meeting of the Vetting Committee on 18 March and discussions with the Paris MOU, the Secretariat would like to remind members of section 3.7.3 regarding the grounds for detentions resulting from accidential damage on the ship’s voyage to the port. The section follows:

3.7.3   Where the ground for a detention is the result of accidental damage suffered on the ship’s voyage to a port, no detention order will be issued, provided that:

1/ due account has been given to the requirements contained in Regulation I/11(c) of SOLAS 74 regarding notification to the flag State Administration, the nominated surveyor or the recognized organization responsible for issuing the relevant certificate;

2/ prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State Administration;

3/ appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship, and

4/ the Authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.

INTERTANKO has received some reports from members that although they had advised the MOU of sea damage incurred, they have still been detained. INTERTANKO has discussed this matter with the Paris MOU who have advised that this should not occur and neither were they aware of such occurrences. However, the Paris MOU have advised INTERTANKO that in the case of such incidences they would be willing to investigate. Members are therefore requested to inform the INTERTANKO Secretariat of any direct experience of the type of detention.

We do, however, strongly refer members to sub-paragraphs 1, 2, 3, 4  stated in paragraph 3.7.3 that must be complied with to ensure that the vessel will not be detained - despite advising the MOU. These requirements relate to class and flag notification.

For further information, please contact Howard Snaith, howard.snaith@intertanko.com