071

Memorandum of Understanding on Port State Control in the Caribbean Region, Christchurch (Barbados), 1996

Done at Christchurch 9 February 1996

Primary source citation: Copy of text provided by the United Nations

The Maritime Authorities of

Anguilla
Antigua and Barbuda
Aruba
Bahamas
Barbados
Bermuda
British Virgin Islands
Cayman Islands
Dominica
Grenada
Guyana
Jamaica
Montserrat
Netherlands Antilles
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Suriname
Trinidad and Tobago

Turks and Caicos Islands

hereinafter referred to as ‘the Authorities’

Conscious of the importance of the safety of life at sea and in ports and the growing urgency of protecting the marine environment and its resources;
Recalling the importance of the requirements set out in the relevant maritime conventions for ensuring maritime safety and marine environment protection;
Recalling the importance of improving living and working conditions at sea;
Noting the standards established by the International Maritime Organization (IMO) and the International Labour Organization (ILO), and mindful especially of IMO Resolution A.682(17) adopted at its 17th Assembly, concerning regional co-operation in the control of ships and discharges;
Mindful that the principal responsibility for the effective application of standards laid down in international instruments rests upon the authorities of the State whose flag a ship is entitled to fly;
Recognizing nevertheless that effective action by port States is required to prevent the operation of substandard ships;

Recognizing also the need to avoid distorting competition between ports;
Convinced of the necessity for these purposes, of an improved and harmonized system of port state control and of strengthening cooperation and the exchange of information;

have reached the following understanding:

Section 1 Commitments

1.1 Each Authority that has accepted 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.
1.2 Each Authority 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 of section 2.3.
1.3 Each Authority will endeavour to achieve, within a period of 3 years from the coming into effect of the Memorandum, an annual total of inspections corresponding to 15% of the estimated number of individual foreign merchant ships, hereinafter referred to as ‘ships’, which entered the ports of its State during a recent representative period of 12 months. The Committee established pursuant to Section 6.1 will monitor the overall inspection activity and its effectiveness throughout the region.
1.4 Each Authority will consult, cooperate and exchange information with the other Authorities in order to further the aims of the Memorandum.

Section 2 Relevant instruments

2.1 For the purposes of the Memorandum ‘relevant instruments’ are the following instruments:

• the International Convention on Load Lines, 1966;
• the International Convention for the Safety of Life at Sea, 1974 (SOLAS74);
• the Protocol of 1978 relating to the International Convention for the Saferv of Life at Sea, 1974;
• the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL73/78);
• the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW78);
• the Convention on the International Regulations for Preventing Collisions at Sea, 1972;

• the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147).

2.2 With respect to the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention 147), each Authority will apply the instructions in Annex 1A for the application of ILO publication “Inspection of Labour Conditions on board Ship: Guidelines for procedure”.
2.3 Each Authority will apply those relevant instruments which are in force and to which its State is a Party. In the case of amendments to a relevant instrument each Authority will apply those amendments which are in force and which its State has accepted. An instrument so amended will then be deemed to be the ‘relevant instrument’ for that Authority.
2.4 In applying a relevant instrument for the purposes of port state control, the Authorities will ensure that no more favourable treatment is given to ships entitled to fly the flag of a State which is not a Party to that instrument.
2.5 In the case of ships below 500 tons gross tonnage and ships of traditional build the Authorities will apply those requirements of the relevant instruments which are applicable and will to the extent that a relevant instrument does not apply take such action as may be necessary to ensure that those ships are not clearly hazardous to safety, health or the environment, having regard in particular to Annex 1B.

Section 3 Inspection procedures, rectification and detention

3.1 In implementing this Memorandum the Authorities will carry out inspections, which will consist of a visit on board a ship in order to check the certificates and documents in respect of those instruments relevant for the purposes of the Memorandum. In the absence of valid certificates or documents or if there are clear grounds for believing that the condition of a ship or of its equipment, or its crew does not substantially meet the requirements of a relevant instrument, a more detailed inspection will be carried out. It is necessary that Authorities, in their control procedures, include control on compliance with on board operational requirements. Inspections will be carried out in accordance with the guidelines specified in Annexes 1A and 1B.
3.2.1 The Authorities will regard as ‘clear grounds’ inter alia the following:

• a report or notification by another Authority;
• a report or complaint by the master, a crew member, or any person or organization with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Authority concerned deems the report or complaint to be manifestly unfounded;

• other indications of serious deficiencies, having regard in particular to Annexes 1A and 1B.

3.2.2 For the purpose of control on compliance with on board operational requirements, specific “clear grounds” are the following:

• evidence of operational shortcomings revealed during port State control procedures in accordance with SOLAS74, MARPOL73/78 and STCW78, as amended;
• evidence of cargo and other operations not being conducted safely or in accordance with IMO guidelines;
• involvement of the ship in incidents due to failure to comply with operational requirements;
• evidence, from the witnessing of a fire and abandon ship drill, that the crew are not familiar with essential procedures;
• absence of an up-to-date muster list;

• indications that key crew members may not be able to communicate with each other or with other persons on board.

3.2.3 Nothing in these procedures should be construed as restricting the powers of the Authorities to take measures within its jurisdiction in respect of any matter to which the relevant instruments relate.
3.3 In selecting ships for inspection, the Authorities will pay special attention to:

1 passenger ships, roll-on/roll-off ships, bulk carriers, ships of traditional build and ships below 500 tons gross tonnage;
2 ships which may present a special hazard, for instance oil tankers, gas carriers, chemical tankers and ships carrying harmful substances in packaged form;
3 ships flying the flag of a State appearing in the three-year rolling average table of above average detentions in the annual report of the Memorandum;

4 ships which have had several recent deficiencies.

3.4 The Authorities will seek to avoid inspecting ships which have been inspected by any of the other Authorities within the previous six months, unless they have clear grounds for inspection. The frequency of inspection does not apply to the ships referred to in section 3.3 in which case the Authorities will seek satisfaction whenever they will deem this appropriate.
3.5 Inspections will be carried out by properly qualified persons authorized for that purpose by the Authority concerned and acting under its responsibility.
3.6 Each Authority will endeavour to secure the rectification of deficiencies detected.
3.7 In the case of deficiencies which are clearly hazardous to safety, health or the environment, the Authority will, except as provided in 3.8, ensure that the hazard is removed before the ship is allowed to proceed to sea and for this purpose will take appropriate action, which may include detention. The Authority will, as soon as possible, notify the flag State through its consul or, in his absence, its nearest diplomatic representative or its maritime authority of the action taken. Where the certifying authority is an organization other than a maritime administration, the former will also be advised.

3.8 Where deficiencies referred to in 3.7 cannot be remedied in the port of inspection, the Authority may allow the ship to proceed to another port, subject to any appropriate conditions determined by that Authority with a view to ensuring that the ship can so proceed without unreasonable danger to safety, health or the environment. In such circumstances the Authority will notify the competent Authority of the ship’s next port of call, and the parties mentioned in 3.7 and any other authority as appropriate. Notification to Authorities will be made in accordance with Annex 2. The Authority receiving such notification will inform the notifying Authority of action taken.
3.9 The provisions of section 3.7 and 3.8 are without prejudice to the requirements of relevant instruments or procedures established by international organizations concerning notification and reporting procedures related to port state control.
3.10 The Authorities will ensure that, on the conclusion of an inspection, the master of the ship is provided with a document in the form specified in Annex 3, giving the results of the inspection and details of any action taken.
3.11 When exercising control under the Memorandum, the Authorities will make all possible efforts to avoid unduly detaining or delaying a ship. Nothing in the Memorandum affects rights created by provisions of relevant instruments relating to compensation for undue detention or delay.

Section 4 Provision of information

4.1 Each Authority will report on its inspections under the Memorandum and their results, in accordance with the procedures specified in Annex 4.
4.2 Arrangements will be made for the exchange of inspection information with other regional organizations working under a similar memorandum of understanding.
4.3 The Authorities will, upon the request of another Authority, endeavour to secure evidence relating to suspected violations of the requirements on operational matters of Rule 10 of the International Regulations for Preventing Collisions at Sea, 1972 and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto. In case of suspected violations involving the discharge of harmful substances, an Authority will, upon the request of another Authority, visit in port the ship suspected of such a violation in order to obtain information and, where appropriate, to take a sample of any alleged pollutant.

Section 5 Training programs and seminars

The Authorities will endeavour to establish training programs and seminars for surveyors.

Section 6 Organization

6.1 A Committee composed of a representative of each of the Authorities that has accepted the Memorandum will be established. An observer from each of the International Maritime Organization, the International Labour Organization and the Caribbean Community Secretariat will be invited to participate without vote in the work of the Committee. Subject to the provisions of Section 8.4, any other organization or authority, which the Committee may deem appropriate, may be accorded the status of observer without a vote.
6.2 The Committee will meet once a year and at such other times as it may decide.
6.3 The Committee will:

• carry out the specific tasks assigned to it under the Memorandum;
• promote by all means necessary, including seminars for surveyors, the harmonization of procedures and practices relating to the inspection, rectification, detention and the application of 2.4;
• develop and review guidelines for carrying out inspections under the Memorandum;
• develop and review procedures, including those related to the exchange of information;

• keep under review other matters relating to the operation and the effectiveness of the Memorandum.

6.4 A Secretariat will be established and operate in accordance with the following principles:

• the Secretariat is a non-profit making body located in Barbados;
• the Secretariat will act independently from any maritime administration or organization;
• the Secretariat will be governed by and be accountable to the Committee;
• the Secretariat will have a bank account into which all dues and contributions are made;

• the Secretariat will operate from the established bank account in accordance with the budget determined by the Committee.

6.5 The Secretariat, acting under the guidance of the Committee and within the limits of the resources made available to it, will:

• prepare meetings, circulate papers and provide such assistance as may be required to enable the Committee to carry out its functions;
• facilitate the exchange of information, carry out the procedures outlined in Annex 4 and prepare reports as may be necessary for the purposes of the Memorandum;

• carry out such other work as may be necessary to ensure the effective operation of the Memorandum.

Section 7 Amendments

7.1 Any Authority that has accepted the Memorandum may propose amendments to the Memorandum.
7.2 In the case of proposed amendments to the Memorandum the following procedure will apply:

a the proposed amendment will be submitted through the Secretariat for consideration by the Committee;
b amendments will be adopted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee, each Authority exercising one vote. If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance;
c an amendment will be deemed to have been accepted either at the end of a period of six months after adoption by the representatives of the Authorities in the Committee or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by an Authority;
d any such objection will be considered by the Committee at its next meeting, and the amendment will be confirmed if it is accepted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee at such meeting. In these circumstances, a quorum of more than half of the total number of representatives of the Authorities that comprise the Committee is required. In the event that the amendment is confirmed, the date of its deemed acceptance will be either at the end of a period of six months after being confirmed or any different period determined unanimously by the representatives of the Authorities in the Committee at the time of confirmation;
e an amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee.

7.3 In the case of proposed amendments to Annexes of the Memorandum the following procedure will apply:

a the proposed amendment will be submitted through the Secretariat for consideration by the Authorities;
b the amendment will be deemed to have been accepted at the end of a period of six months from the date on which it has been communicated by the Secretariat unless an Authority requests in writing that the amendment should be considered by the Committee. In the latter case the procedure specified in 7.2 will apply;
c the amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the Authorities.

Section 8 Administrative provisions

8.1 The Memorandum is without prejudice to rights and obligations under any International Agreement or under any

domestic legislation.
8.2 Any Maritime Authority may, with the unanimous consent of the Authorities present and voting at the Committee meeting, adhere to the Memorandum. For such an Authority the Memorandum will take effect upon such date as may be mutually agreed.
8.3 When the Memorandum takes effect, it will supersede existing bilateral or multilateral agreements on port State control between Maritime Authorities in the Caribbean Region.
8.4 Any Maritime Authority or organization wishing to participate as an observer will submit in writing an application to the Committee and will be accepted as an observer subject to the unanimous consent of the representatives of the Authorities present and voting at the Committee meeting.
8.5 Any Authority may withdraw from the Memorandum by providing the Committee with 60 days notice in writing.
8.6 The Memorandum is signed at Christchurch, Barbados, on the ninth day of February 1996 and will remain open for signature until the eighth day of August 1996.
8.7 The Memorandum will be available for acceptance from the ninth day of August 1996 and will take effect for each Authority, which has signed the Memorandum, on the date its acceptance is duly notified to the Secretariat.
8.8 The English text is the official version of the Memorandum.

MARITIME AUTHORITIES SIGNING
THE CARIBBEAN MEMORANDUM OF UNDERSTANDING
ON PORT STATE CONTROL (CARIBBEAN MOU)

This Memorandum is signed at Christchurch (Barbados) this ninth day of February, one thousand nine hundred and ninety-six, by the following Authorities:
Antigua and Barbuda

[Signature]

Mr. Keith Hearst,
Financial Secretary,
Ministry of Finance.

Barbados

[Signature]

Mrs. Valerie C. Browne,
Director of Maritime Affairs,
International Transport Division,
Ministry of Foreign Affairs, Tourism and International Transport.

Dominica

[Signature]

Mr. Milton Green,
Office Manager,
Dominica Port Authority.

Grenada

[Signature]

Mr. Ian Evans,
Port Manager,
Grenada Port Authority.

Guyana

[Signature]

Mr. Ivor B. English,
General Manager,
Transport and Harbours Department,
Ministry of Public Works and Communications.

Jamaica

[Signature]

Ms. Ruby McCreath,
Senior Director,
Marine Services,
Ministry of Public Utilities and Transport.

Netherlands Antilles

[Signature]

Captain Richard E. Britt,
Assistant Director,
Shipping Inspection.

Suriname

[Signature]

Mr. Eddie Fitz-Jim,
Director Maritime Affairs,
Ministry of Transport. Communications and Tourism.

Trinidad and Tobago

[Signature]

Lt. Cdr. Curtis A. Roach,
Director of Maritime Services,
Maritime Services Division,
Ministry of Works and Transport.

[Signature] [Signature] [Signature]

Mrs. Valerie C. Browne, Lt.Cdr. Curtis A. Roach, Ms. Ruby McCreath,
Chairman, Vice-Chairman, Secretary/Rapporteur,

Director of Maritime Affairs, Director of Maritime Services, Senior Director,
Int. Transport Division, Maritime Services Division, Marine Services,
Ministry of Foreign Affairs Ministry of Works Ministry of Public Utilities
Tourism and and Transport, and Transport,
International Transport, Trinidad and Tobago. Jamaica.
Barbados.

SIGNED AS WITNESS TO THE ABOVE SIGNATURES:

[Signature] [Signature]

Mr. J. Williams, Mr. Fernando Plaza,
Deputy Director of ILO Caribbean Office, Senior Deputy Director,
International Labour Organization. International Maritime Organization.

[Signature] [Signature]

Ms. Claudia Gordon, Mr. Henk E. Huibers,
CARICOM Secretariat. Paris Memorandum of
Understanding on
Port State Control.

[Signature]

Mr. Richard Day,
Tokyo Memorandum of
Understanding on
Port State Control.

Section 1 General

1.1 Guidelines to be observed in the inspection of foreign ships

The guidelines mentioned in section 3.1 of the Memorandum refer to the relevant provisions of the following:

• Procedures for Port State Control (IMO Resolution A. 78 7(19));
• Principles of Safe Manning (IMO Resolution A.481 (XII)) and Annexes which are Contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2);
• The provisions of the International Maritime Dangerous Goods Code;
• ILO publication “Inspection of Labour Conditions on board Ship: Guide-lines for procedure”;

• The procedures laid down in this Annex to the Memorandum.

1.2 Principles governing rectification of deficiencies or detention of a ship

In taking a decision concerning the rectification of a deficiency or detention of a ship, the surveyor shall take into consideration the results of the detailed inspection carried out in accordance with section 3.
The surveyor shall exercise his professional judgement in determining whether to detain the ship until the deficiencies are corrected or to allow it to sail with certain deficiencies without unreasonable danger to the safety, health, or the environment, having regard to the particular circumstances of the intended voyage. As regards minimum manning standards and the provisions of ILO Convention No. 147, special procedures shall be observed set out in sections 3 and 4 of this Annex.

1.3 Application of the clause of ‘no more favourable treatment’

In applying Section 2.4 the following shall be observed.
Ships entitled to fly the flag of a State which is not a party to a relevant instrument listed in Section 2 and thus not provided with certificates representing prima facie evidence of satisfactory conditions on board, shall receive a detailed inspection. In making such an inspection the surveyor should follow the same guidelines as provided for ships to which the relevant instruments are applicable.
The conditions of and on such a ship and its equipment and the certification of the crew, its number and composition shall be compatible with the aims of the provisions of a relevant instrument; otherwise the ship shall be subject to such restrictions as are necessary to obtain a comparable level of safety.

*Section 2 The safety of the ships as related to SOLAS 74/78, LOADLINES 66, COLREG 72 and MARPOL 73/78.

2.1 More detailed inspection

In so far as there are clear grounds for a more detailed inspection relating to the provisions of the SOLAS Convention, the Protocol thereto, the Load Lines Convention, the Convention on Collision Regulations and MARPOL 73/78 the surveyor when carrying out this inspection shall take into account the considerations given in the ‘Procedures for Port State Control’ (IMO Res. A.787(19)), the provisions of the International Maritime Dangerous Goods Code and the provisions of section 4 with regard to living and working conditions on board ships.

*Section 3 Minimum manning standards and certification

3.1 Introduction

The guiding principle for port state inspection of the manning of a foreign ship should be to establish conformity with the flag State’s safe manning requirements. Where this is in doubt the flag State should be consulted. Such safe manning requirements stem from:

• the International Convention for the Safety of Life at Sea (SOLAS) 1974.
• the Merchant Shipping (Minimum Standards) Convention 1976 (ILO Convention 147) which inter alia refers to the ILO Convention No. 53 Article 3 and 4.
• the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978, as amended.
• the Contents of Minimum Safe Manning Document (IMO Resolution A-48 1(XII), Annex 1).

• the Guidelines for the Application of Principles of Safe Manning (IMO Resolution A.481 (XII), Annex 2).

Detention as port State action shall only be taken on the grounds laid down in the relevant instruments and used in conjunction with advice from the flag State. Where such response is not readily forthcoming, and the extent of the manning deficiency is such as to render the ship clearly unsafe for the intended voyage or service, detention may be the only resort.

3.2 Manning control
3.2.1 If a ship is manned in accordance with a safe manning document or equivalent document issued by the flag State, the surveyor should accept that the ship is safely manned unless the document has clearly been issued without regard to the principles contained in the relevant instruments and in the IMO Guidelines for the Application of Principles of Safe Manning. In this last case, the surveyor should act according to the procedures defined in paragraph 3.2.3.
3.2.2 If the actual crew number or composition does not conform to the manning document, the port State should request the flag State for advice whether or not the ship can sail with the actual number of crew and its composition. Such request should be made as quickly as possible. The reply if any, from the flag State should be confirmed by telex. If the actual crew number and composition is not brought into accordance with the safe manning document or the flag State does not advise that the ship could sail, the ship may be considered for detention after the criteria set out in paragraph 3.4 of this Annex have been taken into proper account.
3.2.3 If the ship does not carry a safe manning document or equivalent, the port State should request the flag State to specify the required number of crew and its composition and to issue a document as quickly as possible.

In case the actual number or composition of the crew does not conform to the specifications received form the flag State, the procedure as contained in paragraph 3.2.2 applies.

If the flag State does not respond to the request this will be considered as a clear ground for a more detailed inspection to ensure that the number and composition of the crew is in accordance with the principles laid down in paragraph 3.1. The ship shall only be allowed to proceed if it is safe to do so, taking into account the criteria for detention under paragraph 3.4. In any such case the minimum standards to be applied shall be no more stringent than those applied to ships flying the flag of the port State. The lack of a safe manning document shall be reported as a deficiency.

3.3 Certification control
3.3.1 General certification control upon ships should be carried out in accordance with the procedures stipulated in Article X and in Regulation I/4 of the STCW Convention.
3.3.2 Certification control upon ships engaged in the carriage of liquid hazardous cargo in bulk should be more stringent. The surveyor should satisfy himself that the officers responsible for cargo handling and operation possess documentary evidence of having had the appropriate training and experience. No exemption from the carriage of such documentary evidence should be accepted. Where a deficiency is found the master should be informed and the deficiency rectified. With regard to appropriate training, reference is made to Chapter V of the STCW Convention, to Resolutions 10, 11 and 12 adopted by the International Conference on Training and Certification of Seafarers 1978 and to the relevant sections of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Code for the Construction and Equipment of Ships Carrying

Liquefied Gases in Bulk.
3.4 Detention

Before detaining a ship under paragraph 3.2 or 3.3 of this Annex, the following circumstances should be considered:

• length and nature of the intended voyage or service.
• whether or not the deficiency poses a danger to ship, persons on board or the environment.
• whether or not appropriate rest periods of the crew can be observed.
• size and type of ship and equipment provided.

• nature of cargo.

The absence of a Deck or Engineer Officer required to be certificated should not be grounds for detention where the absence is in accordance with any exceptional provisions approved by the flag State.

*Section 4 Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).

4.1 Inspections on board ships under the Merchant Shipping (Minimum Standards) Convention. 1976 (ILO Convention No. 147) shall relate to:

a the Minimum Age Convention, 1973 (No. 138); or the Minimum Age (Sea) Convention (Revised), 1936 (No. 58): or the Minimum Age (Sea) Convention, 1920 (No. 7);
b the Medical Examination (Seafarers) Convention, 1946 (No. 73);
c the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7);
d the Accommodation of Crews Convention (Revised), 1949 (No. 92);
e the Food and Catering (Ships ‘Crews) Convention, 1946 (No. 68) (Article 5);
f the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4).

Inspection regarding certificates of competency is dealt with in section 3 of this Annex. In the exercise of control functions the surveyor, in the light of his general impression of the ship, will have to use his professional judgement to decide whether the ship shall receive a more detailed inspection. All complaints regarding conditions on board should be investigated thoroughly and action taken as deemed necessary by the circumstances. He shall also use his professional judgement to determine whether the conditions on board give rise to a hazard to the safety or health of the crew which necessitates the rectification of conditions, and may if necessary detain the ship until appropriate corrective action is taken.

4.2 In so far as there are clear grounds for a more detailed inspection relating to the provisions of ILO Convention No. 147, the surveyor when carrying out an inspection shall take into account the previous paragraph in this section and the considerations given in the ILO publication “Inspection of Labour Conditions on board Ship: Guide-lines for procedure”.
4.3 The conventions relevant in the framework of the provisions of paragraph 4.4 are:

a the Seamen’s Articles of Agreement Convention, 1926 (no. 22);
b the Repatriation of Seamen Convention, 1926 (no. 23);
c the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (no.55); or the Sickness Insurance (Sea) Convention, 1936 (no. 56): or the Medical Care and Sickness Benefits Convention, 1969 (no. 130);
d the Freedom of Association and Protection of the Right to Organise Convention, 1948 (no. 87);
e the Right to Organise and Collective Bargaining Convention, 1949 (no. 98).

such action, which may include detention as may be necessary, having regard to the factors mentioned in paragraph 2.2, to ensure that the deficiency is rectified or that the ship, if allowed to proceed to another port, does not present a clear hazard to safety, health or the environment.

EXCHANGE OF MESSAGES BY REGION STATES IN ACCORDANCE
WITH SECTION 3.8 OF THE MEMORANDUM

1 In the case of deficiencies not fully rectified or only provisionally repaired, a message shall be sent to the competent Authority of the region State where the next port of call of the ship is situated.
2 The exchange of messages, as in paragraph 1 above, shall take effect through the use of the communication facilities incorporated in the information system as described in Annex 4 and/or by facsimile on the form contained in the Appendix to this Annex.
3 Each message as in paragraph 1 above, shall contain the following information:

• date;
• from (country);
• port;
• to (country);
• port;
• a statement reading: deficiencies to be rectified;
• name of ship;
• IMO identification number (if available);
• type of ship;
• flag of ship;
• call sign;
• gross tonnage;
• year of build;
• issuing authority of relevant certificate(s);
• date of departure;
• estimated place and time of arrival;
• nature of deficiencies;
• action taken;
• suggested action;
• suggested action at next port of call;

• name and facsimile number of sender.

REPORT OF DEFICIENCIES
NOT FULLY RECTIFIED OR ONLY PROVISIONALLY REPAIRED

in accordance with Annex 2 to the Memorandum of Understanding on Port State Control in the Caribbean Region
(Copy to maritime authority of next port of call, flag Administration or other certifying authority, as appropriate, as required by Section 3.8 of the Memorandum and to the Port State Control Secretariat)

1 From (country): 2. Port:
3. To (country): 4. Port:
5. Name of ship: 6. Date departed:

7. Estimated place and time of arrival:

8. IMO number: 9. Flag of ship:
10. Type of ship: 11. Call sign:
12. Gross tonnage: 13. Year of build:

14. Issuing authority of relevant certificate(s):

15. Nature of deficiencies to be rectified: 16. Suggested action:
(including action at next port of call)

17. Action taken:

Reporting Authority: Office:
Name: Facsimile:
duly authorized surveyor of (reporting authority)
Signature: Date:

REPORT OF INSPECTION IN ACCORDANCE WITH
THE MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL
IN THE CARIBBEAN REGION1)

(issuing authority) Copy head office
(address) (surveyors copy)
(telephone) (master’s copy)
(telefax) (IMO copy)
(telegram)

(telex)

1 name of issuing authority

2 name of ship 3 flag of ship

4 type of ship

5 call sign 6 IMO number
7 gross tonnage 8 year of build
9 date of inspection 10 place of inspection

11 relevant Certificate(s)

a title b issuing authority c dates of issue and expiry

1
2
3
4
5
6
7
8
9
10
11

d the information below concerning the last intermediate survey shall be provided if the next survey is due or overdue

date surveying authority place

1
2
3
4
5
6
7
8
9
10
11

12 deficiencies q no q yes (see attached FORM B) q SOLAS q MARPOL
13 ship detained q no q yes

14 supporting documentation q no q yes (see annex)

district office name

duly authorized surveyor of (issuing authority)

telephone

telefax/telex/telegram signature

1)Maritime Authorities in the Caribbean region have concluded a Memorandum of Understanding harmonizing the procedures On Port State Control. This Port State Control is based upon the international conventions on safety, the protection of the environment and living and working conditions on board ships as adopted by the International Maritime Organization and the International Labour Organisation. If this inspection report does not contain any remarks under the heading ‘nature of deficiency’ the above Maritime Authorities will seek to avoid inspecting the ship again for a period of six months after the date this report was issued, unless there are clear grounds for another inspection. This inspection report has been issued solely for the purpose of informing the master and other port States that an inspection by the port State, mentioned in the heading, has taken place. This inspection report cannot be construed as a seaworthiness certificate in excess of the certificates the ship is required to carry.

INFORMATION SYSTEM ON INSPECTIONS

1 To assist Authorities in their selection of foreign flag ships to be inspected in their ports it is necessary to have at the disposal of Authorities up to date information on inspections of an individual foreign flag ship in one of the other regional ports within the preceding six months.
2 For that purpose the Authorities undertake to provide a Caribbean Maritime Information Centre (CMIC), preferably by means of computerized data transmission, with information on ships inspected in the national ports, basing themselves on the information set out in Annex 3 to the Memorandum. The insertion of information into the inspection files should preferably be realized by means of direct, computerized input on a daily basis.
3 For the purpose of exchanging rapid information, the information system shall embrace a communication facility which allows for a direct, computerized exchange of messages between individual Authorities, including the notifications as referred to in Section 3.8 of the Memorandum and the exchange of information on operational violations as referred to in Section 5 of the Memorandum.
4 The information as in paragraphs 2 and 3 above shall be handled in a standardized form and in accordance with standardized procedures as set out in the guide for users of the information system provided by the CMIC.
5 The CMIC will organize the processing of information as in paragraph 2 above so as to ensure that inspection data are easily accessible both for purposes of consultation and updating in accordance with procedures as set out in the guide for users of the information system provided by the CIVIC.
6 The facsimile facilities shall continue to be an alternative system of exchanging information, to which a standardized form applies as set out in the Appendix to this Annex.
7 Information for administrative purpose, such as statistical information, will be provided by the Secretariat under the guidance of the Committee. This will be based on data provided by the CMIC
8 The information system indicated in the foregoing paragraphs will be implemented as long as the Memorandum takes effect. Studies to monitor and, where necessary, to improve the quality of the system will be carried out on a continuous basis.
9 Whenever deficiencies arc found which lead to the delay or detention of a ship, the port State Authority will send a copy of the report, as referred to in Annex 3 to the Memorandum, to the flag Administration concerned.

FACSIMILE FORM FOR SHIPS INSPECTED

Report of inspection

1 name of issuing country
2 name of ship
3 flag of ship
4 type of ship
5 call sign
6 IMO number
7 gross tonnage
8 year of build
9 date of inspection (format: dd-mm-yy)
10 place of inspection
11 relevant certificates 1)

a. title of certificate
b. issuing authority
c. date of issue and expiry (format: dd-mm-yy/dd-mm-yy)
d. last intermediate survey (format: dd-mm-yy/authority/place)

12 deficiencies (yes/no)
13 ship delayed/detained (yes/no)
15 nature of deficiencies 2) (format: def;def;def;)
16 actions taken 3)

1) to be repeated for each relevant certificate.

2) including reference to the relevant Conventions if shown on the document left on board.
3) may alternatively be added to the particulars under 15 (nature of deficiencies) if the action taken has a direct relation to the corresponding deficiency. Deficiency and action(s) taken must be separated by a slant(/) (format: 15. def/at/at;def/at/at/at; 16. see 15).