Port State Control Inspectors: Appointments

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A decision made 2 March 2018:

Decision Reference: MD-E-2018-0015

Decision Summary Title :

Maritime PSC Appointments

Date of Decision Summary:

23rd February 2018

Decision Summary Author:

Policy Manager, EDTSC

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 Appointments

Date of Written Report:

23rd February 2018

Written Report Author:

Policy Manager, EDTSC

Written Report :

Public or Exempt?

Public

Subject:

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

Decision(s):

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

HQSE Manager & Pilot

Chief Marine Surveyor

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

In addition to the above, the Minister reaffirmed the appointment of the Maritime Standards Manager as a Port State Control inspector, having acknowledged that the officer’s role had changed since his original appointment.

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-2010-0038. Having noted that one appointee was due to retire at the end of February 2018 and that another had been promoted to a senior role within Ports of Jersey, the Minister resolved to appoint two new officers with appropriate skills, knowledge and experience.

Resource Implications:

There are no resource implications for the States of Jersey.

Action required:

The Policy Manager 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)

Port State Control Inspectors: Appointments

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). A review of those appointees conducted in consultation with the Harbours Authority has revealed that one is due to retire at the end of February 2018, while another has been promoted to a senior role within Ports of Jersey.

In recognition of the above, the Maritime Standards Manager has recommended that two new Master Mariners as having the appropriate skills, knowledge and experience for appointment as PSC inspectors, namely –

Captain S. Richard-dit-Leschery – HQSE Manager & Pilot

Mr. D. Thorrington, Chief Marine Surveyor

Recommendation

The Minister is recommended to appoint the two officers named above as PSC inspectors with immediate effect and to reaffirm the appointment of Captain P.M. Moore, Maritime Standards Manager, whose role has changed since his original appointment.

Policy Manager

23rd February 2018