Prepare for inspections if heading to the Med this summer

Certificates, logs, receipts, technical files, charts and more are all fair game in upcoming Port State Control inspections in the Med this summer.

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There is quite a stir in the air these days about the Paris Memorandum of Understanding and vessels being detained in the Mediterranean. There are Flag State circulars, various management company memos, e-mails and media articles all warning of charter disruptions, cancellations and all kinds of disasters to come.

Let’s have a look at the who, what, where and why of the Paris MoU and how this may impact yachts in the Mediterranean this summer.

The Paris MoU is an agreement among 27 countries to share the responsibilities of inspecting ships entering their region for compliance with International Maritime Organization (IMO) regulations. It went into effect Jan. 1.

The aim of the MoU is to share the inspection workload and to create an electronic database of all ships entering the region, which is shared and monitored by all member states. The program and database is known as THETIS, The Hybrid European Targeting and Inspection System.

Inspections will be through Port State Control (PSC), basically the coast guard or maritime authority of each country. Essentially, PSC inspections are similar to an inspection a vessel receives from its Flag State or Class Society when it is time to revalidate certificates.

The inspection can be even more thorough if there is evidence the vessel is not in full compliance with any of the certificates issued. For example, if a vessel holds MARPOL certificates (IOPP, IAPP, ISPP), PSC will do the standard inspections of the oil-water separator, oil record book, bunkering receipts, garbage log, engine technical files (EIAPP), etc.

If a vessel holds ISM and ISPS certificates, PSC will inspect the crew’s adherence to the Safety Management System and the documents and procedures along with it. This includes original crew licenses, current medicals, contracts, drill reports, safety meetings, security procedures, planned maintenance records, etc.

If a vessel holds Cargo Safety Equipment certificates, PSC may inspect life-saving equipment, rescue crafts, firefighting equipment, alarms and so on for any Flag or Class issued certificate you hold.

The Paris MoU applies to everyone, commercial or private, regardless of tonnage. Everyone has always been subject to inspection by the mere fact of having entered the waters of another country.

With the Paris MoU, however, all vessels entering the region are targeted to be inspected in order create a history in the database. Once a vessel is in the system, depending on the outcome of the initial inspection and the flag it flies, the vessel may not be subject to inspection again for up to 36 months.

Per the regulation, no vessel is subject to re-inspection sooner than six months.

Yachts have traditionally enjoyed a low profile with PSC authorities around the world and have generally been considered a low priority for inspection. However, under THETIS, any vessel that does not have an inspection history in the region is automatically assigned as “Priority 1: (Unknown Ship)” requiring a “More Detailed Inspection” at the earliest opportunity.

Yachts travelling to the Med this summer who have never been inspected are very likely going to be inspected by the PSC of one of the signing countries when it enters port. The authorities are required to do so within 15 days of a vessel’s entry; though they are permitted to not inspect 5 percent of visiting vessels.

If a vessel is noncompliant with any aspect of the codes applicable to them during the inspection, two things can happen. First, the vessel may receive deficiencies much as it would on a standard Flag State survey, or the vessel may be detained. [Editor's note: To read a bit more about the reported deficiencies on three yachts, click here.]

Both of these outcomes are unfavorable as there now becomes a permanent public record of the vessel’s deficiencies, which can affect the extent and frequency of future inspections.

What has many captains, managers and charter brokers worried is if a PSC inspection takes place immediately prior to or during a charter. If the vessel is detained, this could effectively mean the cancellation of a charter, refund of fees and commissions, lawsuits and all kinds of unpleasantness. There have been some yachts detained in recent PSC inspections in Spain and Italy.

Yacht captains and managers can avoid all these issues by ensuring that their vessels diligently follow the procedures, maintenance, checklists and exercises required by Flag State, classification society, SOLAS, safety management systems and particularly MARPOL. A captain who stays on top his vessel’s documents, inspections, logbooks and maintenance has little to worry about.

Those who are unfamiliar with their safety management system or are behind on drills, logbook entries, maintenance or paperwork could have an unfavorable outcome come inspection day.

For more information, the Paris MoU has created a Web site with details about the program at www.parismou.org.