Shipping (Jersey) Law 2002: Appointment of Port State Control Inspector

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A decision made 27 September 2019

Decision Reference: MD-E-2019-0048

Decision Summary Title :

Maritime PSC Appointment

Date of Decision Summary:

22nd September 2019

Decision Summary Author:

Director, GHE

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Shipping Law PSC Appointment

Date of Written Report:

22nd September 2019

Written Report Author:

Director, GHE

Written Report :

Public or Exempt?

Public

Subject:

Shipping (Jersey) Law 2002: appointment of Port State Control Inspector

Decision(s):

The Minister, approved the appointment of the following current post-holders based at Ports of Jersey Limited as a Port State Control inspector, in accordance with Article 154(1) and (7) and generally under article 156(1)(d) –

Captain D. Nicholas - Operations Manager-Marine Services

Mr P. Chays - Maritime Safety Manager

The officers are appointed to act in this capacity as and when required by the Minister and with reference to the Registrar of Shipping.

Reason(s) for Decision:

The Minister reviewed the status of persons currently authorised to perform the function of Port State Control inspector with reference to Ministerial Decision MD-E-2018-0015. Having noted that one appointee was due to retire at the end of September 2019, the Minister resolved to appoint two new officers with appropriate skills, knowledge and experience to restore to four the number of inspectors .

Resource Implications:

There are no resource implications for the States of Jersey.

Action required:

The Director was instructed to forward to the Harbour Master correspondence from the Minister confirming the appointments.

Signature:

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

Date of Decision (If different from Date Signed)

Shipping (Jersey) Law 2002: Appointment of Port State Control Inspector

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

Background

The International Maritime Organisation expects port states to fulfil certain obligations in terms of achieving and maintaining appropriate standards of maritime safety and environmental protection. These obligations include ensuring that the port state is 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 not to have a commercial interest in the ships inspected.

Regarding the above, the UK as flag-state has devolved to Jersey (a) the authority and power to deal with all IMO flag-state matters, including PSC. Relevant PSC matters include, but are not exclusive to, inspection of foreign flag vessels in accordance with a number of international conventions that have been extended to Jersey (e.g. Safety of Life at Sea (SOLAS) Convention, the Load Line Convention, the Tonnage Convention and others).

Article 154(1), (7) and Article 156(1)(d) of the Shipping (Jersey ) Law 2002 provide the Minister with scope to appoint appropriate on-Island PSC officers to act as inspectors generally on behalf of the Minister, as opposed to acting as part of the commercial port.

PSC inspections are 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. Officers must not unduly detain or delay a ship. If serious concerns are raised as a result of an inspection, inspectors at the next port of call and the MCA are 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.

Inspections may occur if a ship is new to Jersey, if it has recently changed ownership or place of registry or if a pilot reports to the Harbour Master that they have been alerted to possible non-compliance during their act of pilotage on board a ship.

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

Issue

On 1st March 2010, the then Minister for Economic Development appointed four Port State Control Inspectors (MD-E-2010-0038 refers). Two new Port State Control surveyors were appointed on 5th April 2018 to cover retirements and the appointment of one inspector to a senior management role within Ports of Jersey with the potential of a perceived conflict of interest (MD-E-2018-0015 refers). Following these appointments, the number of Port State Control Surveyors dropped to three.

The existing Maritime Standards Manager retires on 30th September 2019 to be replaced by the current HQSE Manager. If no action were taken the number of Port State Control Inspectors would drop to two. In recognition of the above, the incoming Maritime Standards Manager with the approval of the Harbour Master has recommended two new Master Mariners as having the appropriate skills, knowledge and experience for appointment as PSC inspectors, namely -

Captain D Nicholas – Operations Manager- Marine Services & Pilot

Mr. P. Chays - Maritime Safety Manager & Pilot

Recommendation

The Minister is recommended to appoint the officers named above as PSC inspectors with immediate effect.

Director

22nd September 2019