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Flag State preventative measures concerning PSC detentions

Flag State preventative measures concerning PSC detentions.

In April 2016, a Faroese flagged vessel was damaged in bad weather, and proceeded to port in Norway for repairs. On port arrival, PSC detained the vessel, until repairs had been completed.

This detention was registered in the official PSC register, which is very damaging for company, flag and class. The reason why the vessel was detained was because the vessel did not inform Norwegian Maritime Authority (NMA) correctly.

In order to declare accidental damage the vessel has to fulfil certain criteria.

Reference is made to Annex X of Directive 2009/16/EU.

According this the vessel/owner shall prior to entering the port submit to the Port State Control authority details of the circumstances of the accident, and the damage suffered and information about the required notification of the flag State administration.

Extract from Annex X of Directive 2009/16/EU:
Where the ground for detention is the result of accidental damage suffered on the ship’s voyage to a port, no detention order shall be issued, provided that:

(a) 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 recognised organisation responsible for issuing the bv relevant certificate;

(b) 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;

(c) appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and (d) 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.

According to Norwegian regulations of 24 November, 2014 no 1458 on port State control, the Master should report to SafeSeaNet Norway.

Please see Section 5 of regulations of 24 November 2014 no 1458 on port State control:

Section 5
Obligation to notify the ship’s scheduled arrival time

If a ship may be subject to or is eligible for an expanded inspection, the company or master shall notify the ship’s scheduled time of arrival in a Norwegian port or anchorage via SafeSeaNet Norway no later than three days before the expected time of arrival.

If the voyage is expected to take less than three days, the notification on expected time of arrival shall be recorded not later than before the ship leaves the port or anchorage.

The notification required by the first or second paragraph shall contain:

a) ship identification (name, call sign, IMO identification number or MMSI number);
b) port of destination;
c) expected time of arrival and expected time of departure (ETA, ETD);
d) information on whether the ship plans anchoring (anchorage or mooring arrangements);
e) total number of persons on board;
f) planned operations (loading, unloading, other);
g) planned statutory survey inspections and substantial maintenance and repair work to be carried out.

Tankers must also provide information on the following:) date of last expanded inspection in the Paris MOU region and European Economic Area;
b) configuration: single hull, single hull with SBT, double hull;
c) condition of the cargo and ballast tanks: full, empty, inerted;
d) volume and nature of the cargo.

The company or master shall as soon as possible notify Norwegian authorities through SafeSeaNet Norway of any changes to the submitted voyage plan

Please inform the Faroese Maritime Authority in similar circumstances, so the Faroese Maritime Authority has the possibility to take action to avoid a detention if necessary.

Faroese Maritime Authority is reachable 24 hours a day, all days on phone +298- 333198

Please update the vessel’s ISM Manual in regard to contact details and guidelines when the vessel has to enter into the nearest port due to devastation, emergency or accidental damage suffered on the ship’s voyage.