PORT STATE CONTROL

Port state control is an inspection program under which countries work together to verify that foreign vessels entering their waters are in compliance with strict international safety and anti-pollution standards. Ships that are found to be in serious violation of standards are detained in port until their deficiencies have been rectified. The objective of port state control is to detect and inspect substandard ships and help eliminate the threat that they pose to life, property and the marine environment.

The key elements of port state control are:

• ensuring compliance with international rules regarding safety, marine pollution and the working environment;
• detaining substandard vessels when their condition so warrants and until deficiencies are rectified;
• implementing a mutually agreed upon, annual minimum number of vessels inspected;
• applying a targeting system when determining the selection of vessels for inspection;
• harmonizing and strengthening - to the greatest extent possible - port state control procedures; and
• providing technical assistance and training where the need is identified.

Effective port state control is an integral part of Transport Canada's Marine Safety Program, which is responsible for all port state control activities within Canada. Transport Canada's marine safety inspectors play an important role by enforcing applicable requirements and detaining those vessels found to have a major deficiency until it has been rectified.

Under Canada's Port State Control Program, Transport Canada inspects at least 25 per cent of individual ships calling at Canadian ports. Canada's program, combined with the port state control programs of its international partners, targets ships for inspection every six months.

In 2003, Transport Canada inspected 1,277 foreign vessels at Canadian ports, of which 495 were found to have deficiencies. Of this number, 59 vessels had deficiencies serious enough to warrant a detention. During 2003, Transport Canada conducted the highest number of inspections in five years, while the number of vessel deficiencies reached its lowest level in five years. This indicates an overall improvement in the quality of vessels calling in to Canadian ports, and suggests that port state control is deterring substandard shipping (see table below).

Regional Memoranda of Understanding

Canada is a signatory member of two Memoranda of Understanding on Port State Control: the Paris Memorandum, which consists of 20 European countries and Canada, and the Tokyo Memorandum, which comprises 18 Asia Pacific countries and Canada. Beginning as a cooperating or associate member of the Paris Memoranda in 1988, Canada became a full member in May 1994. Canada was a driving force in the creation of the Tokyo Memoranda and has been a member since its inception in December 1993. Canada and Russia are the only countries that are members of both the Paris and Tokyo Memoranda.

Canada is geographically situated between the two regional systems and has been playing a leadership role in harmonizing their programs. In addition, Canada has enhanced its port state control collaborations with the United States and Mexico through the signing of a declaration on July 8, 2001.

Port state control inspectors in the Paris and Tokyo Memoranda verify the compliance of vessels with the following seven major international conventions. The first six, developed within the International Maritime Organization, address safety and pollution issues. The seventh, developed within the International Labour Organization, deals with the health and occupational safety of seafarers. These conventions are under continuous review to ensure they reflect the most contemporary technological and philosophical developments within the marine industry. They are:

• International Convention for the Safety of Life at Sea (SOLAS), 1974
• International Convention for the Prevention of Pollution from Ships (MARPOL), 1973
• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978
• International Convention on Load Lines, 1966
• Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
• International Tonnage Convention (1969)
• International Labour Organization Convention No. 147 Merchant Shipping (Minimum Standards), 1976 (ILO 147)

In addition to the Paris and Tokyo Memoranda, the following regions have now established similar port state control regimes:

• the Caribbean Memorandum of Understanding, which includes 12 Caribbean states;
• the Indian Ocean Memorandum of Understanding, which includes six member states;
• the Black Sea Memorandum of Understanding, which includes six member states;
• the Vina Del Mar Agreement, which includes 11 South American states;
• the Mediterranean Memorandum of Understanding, which includes eight member states;
• the West & Central Africa Memorandum of Understanding, which includes 19 member states; and
• the United States Coast Guard.

For additional information on Transport Canada's Port State Control Program, including initiatives and statistics, please refer to the 2003 Port State Control Annual Report at http://www.tc.gc.ca/MarineSafety/tp/tp13595/2003/menu.htm.

November 2004