Port State Control Inspectors: Appointments

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A decision made on 1 March 2010 to approve the appointment of Port State Control Inspectors

Decision Reference: MD-E-2010-0038
Decision Summary Title :	Appointment of Port State Control Inspectors under the Shipping (Jersey) Law 2002.		Date of Decision Summary:	26 February 2010
Decision Summary Author:	Registrar of Shipping		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Appointment of Port State Control Inspectors		Date of Written Report:	26 February 2010
Written Report Author:	Registrar of Shipping		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Appointment of Port State Control Inspectors under the Shipping (Jersey) Law 2002.
Decision(s): The Minister approved the appointment of the following current post-holders based at Jersey Harbours as Port State Control inspectors, in accordance with article 154 sub-paragraphs (1) and (7) and generally under article 156(1)(d): Coastguard Operations Director Enforcement Manager Coastguard & VTS Manager Pilot/Marine Operations Officer. They shall act in this capacity as and when required by the Minister, as advised by the Registrar of Shipping.
Reason(s) for Decision: These appointments allow appropriate officers to board ships in Jersey or in Jersey waters to investigate and report whenever there may be reasons to suspect breaches of the Shipping Law or its subordinate legislation. The decision means officers can act on behalf of the Minister directly and not as employees of Jersey Harbours. This is an important step towards Jersey compliance with the International Maritime Organisation’s requirement that Port State Inspection should be separated from commercial port operations.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: The officers so appointed will carry out their duties as circumstances require.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Port State Control Inspectors: Appointments

Appointment of Port State Control Inspectors under the Shipping (Jersey) Law 2002

Background

There are a number of inspectors already appointed under the Law. These cover specific areas of expertise such as Jersey fishing vessel safety provisions and small commercial craft coded to work in Jersey or worldwide if Jersey-registered.

Regarding larger commercial shipping in Jersey waters the island relies on (i) the UK Maritime and Coastguard Agency to carry out inspections at the request of the Harbour Master, (ii) Flag State inspections by the country in which the particular ship is registered and (iii) safety reports from pilots.

Specific authority for appropriate local officers to act as inspectors generally on behalf of the Minister, as opposed to acting as part of the commercial port, has not yet been granted.

International Maritime Organisation (IMO)

The IMO issued an important Paper 1 regarding the role of Port States (i.e. those jurisdictions whose ports are visited by foreign commercial vessels). In this it emphasised that port states have certain obligations in achieving high standards of maritime safety and environmental protection.

In particular it expects jurisdictions to be able to carry out inspections of ships and associated certification using ‘authorised and qualified port state control officers’. This is known as Port State Control (PSC). Persons carrying out inspections are to have no commercial interest in the port or ships inspected.

UK Maritime and Coastguard Agency (MCA)

In order to assist European understanding of the status of ships from the Crown Dependencies and Overseas Territories, all of which are British but not UK ships, the MCA has issued a letter to be carried in British Convention size ships from 1 January 2010. In Jersey’s case an extract of this reads as follows:

“In exercise of its powers, the UK as flag-state has devolved to Jersey (a) the authority and power to deal with all IMO flag-state matters; and (b) the implementation of the duties, obligations and responsibilities of a flag state under international conventions that have been extended to Jersey, relating to the performance and safety of ships registered there, including Port State Control. These functions are devolved within the structure of the Constitutional arrangements of the Government of the flag-state”.

The reference to Port State Control clearly indicates the UK view that as part of the Island’s duties to its own ships there is a quid pro quo in taking responsibility for inspection of the standards maintained by visiting ships.

International Conventions applicable in Jersey

The Safety of Life at Sea (SOLAS) Convention was ratified on behalf of Jersey in 2004. Subordinate legislation relating to ship and port security, survey and inspection and safety of navigation is mostly in place and other relevant chapters of the Convention will be introduced in due course.

A number of other Conventions also apply - such as the Load Line Convention, the Tonnage Convention and the Regulations for the Prevention of Collisions at Sea.

The Maritime Pollution (MARPOL) Convention is not yet in force in Jersey but law drafting is at an advanced stage. Initially the focus will be on oil pollution and the bulk carriage of noxious liquid substances. There will be associated inspection duties for the Island.

Each of these international instruments has port state inspection responsibilities associated with them. In this way foreign flag vessels can be checked to ensure compliance.

Economic Development Regulatory Services – Jersey Harbours Memorandum of Understanding (MOU)

This was original drawn up and agreed in 2007. It provides an effective framework within which the relationship between a commercial port (Jersey Harbours) and the Maritime Compliance section of Regulatory Services operates.

Reflecting existing Jersey shipping and port legislation, the MOU makes a clear distinction between the duties of the Harbour Master for commercial port operations and safety on the one hand and the duties of the Registrar and Maritime Compliance acting on behalf of the Minister regarding the control of shipping in Jersey waters.

These arrangements make it clear that the ultimate sanction of detaining a ship (for non-commercial reasons such as safety and pollution control) is a power that will be exercised only on behalf of the Minister and officers will not act in that capacity as employees of the port.

Criteria for Inspections by Port State Control Officers

Inspections are always limited in the first instance to verifying that there are valid certificates on board. Such certificates are then accepted unless there are clear grounds for believing that the ship or its equipment does not comply with the relevant regulations. This will normally be as far as the inspection will go and officers must not unduly detain or delay a ship.

If serious concerns are raised as a result of the inspection, inspectors at the next port of call and the MCA will be informed. Only if there is a real risk to safety or of pollution should it be necessary for a vessel to be detained here in Jersey.

It is envisaged that inspections will only occur if a ship is new to Jersey, it has recently changed ownership or place of registry or if a pilot reports to the Harbour Master that he has been alerted to possible non-compliance with an international Convention during his act of pilotage on board a ship.

The Harbour Master’s powers concerning port safety management and the enforcement of harbour legislation are not affected by these measures.

Conclusions

Appointment of professional and expert officers who can act as and when required on behalf of the Minister is an important step. It will enable Jersey to move towards compliance with IMO guidelines and put in place a formal structure for the inspection of ships under key international maritime Conventions.

As these officers are already in employment at the port of St Helier there is no new resource issue.

The officers will only act by direction of the Minister and on the advice of those who have no day-to-day or commercial interest in the port.

Registrar of Shipping

15 Feb 2010

1 Report of the Maritime Safety Committee and the Marine Environment Protection Committee, dated 18 June 2007