FLAG STATE CONTROL INSPECTION

PREPARED BY:

AHMAD FARHAN BIN AWIS KHADZI

RINESHWARAN A/L RAVENDREN

SAMSUL NIZAM BIN MOHAMAD ZILLAH

MOHD ASRAF BIN GHANI

SHIP SURVEYLMD 20402

GROUP : L01

INTRODUCTION

A ship needs to belong to a certain country. This is known as the NATIONALITY of the vessel, or the FLAG of the vessel.

By registering the vessel in a certain country, the Owner of the vessel undertakes to follow the shipping law or the Merchantile Marine Act of the country which is in keeping with the SOLAS Convention.

The Administrating Countries have their vessels inspected from time to time at regular intervals and verify that the vessels conform with the Maritime Laws of that country and with the safety standards of that country.

This type of an inspection is called FLAG STATE CONTROL.

OBJECTIVES

Enforce high standard of compliance with international and national rules and standards for registered ships.

Verify the actual condition of registered ships conform to the certificates they carry. The scope of the verification includes: Hull, equipment and manning; Safety management; and Security systems

Ensure that the ship’s crew can effectively: Co-ordinate their activities in an emergency situation; Perform functions vital to safety; and Prevent or mitigate pollution

TYPES OF INSPECTION

Pre-registration Inspections Annual Safety Inspections Detention Prevention Inspection Post Detention Inspections Post Marine Casualty Inspection ISM (international safety management)

Additional Audits ISPS (international ship & port security)

Verification Audits Special Safety Inspections

FLAG STATE INSPECTION SYSTEM RESPONSIBILITIES

Drawing up the national document required by the Convention.

Providing a sufficient number of qualified inspectors (training & competency).

Developing rules or regulations providing for Inspectors’ power status and independence.

Guidelines regarding inspectors’ tasks and confidentiality.

Identification (credentials) for inspectors. Reporting responsibilities. Establishing a process for receiving and responding

to complaints or requests for information.

FLAG STATE INSPECTION RESPONSIBILITIES

Appointment of flag state inspectors Inspection, monitoring and other control

measures Issuance, renewal and withdrawal of Maritime

Labour Certificate (MLC) Responding to seafarers complaints Responding to requests for information about its

ships from port state control authorities Taking enforcement action where ships are

found not to be in compliance with the requirements of the Convention

INSPECTIONS PROCESS

Qualified surveyors to conduct flag State control inspections

The master receives an inspection report upon the completion of an inspection

The master is required to rectify any deficiencies in accordance with the conditions stated in the inspection report

DETENTION OF SHIPS

The Director of Marine may detain a registered ship if it is unsafe or has violated any requirements or regulations under:

Section 113 of the Merchant Shipping ActSection 23 of the Prevention of Pollution of

the Sea Act

APPEAL

The ship owner or company may appeal against a detention within 30 days from the date of notification.

The appeal should not cause the detention to be suspended.

A ship owner or company that wishes to appeal should state the reasons and provide supporting evidence in writing to the Director of Marine.

INTERNATIONAL MARITIME TREATIES

All flag states should endeavour to ratify the principal international maritime treaties, including those adopted by IMO and ILO.

A responsible flag state should be able to provide a valid explanation for not having ratified any of the below (see next slide).

In practice, flag states should be expected to implement and enforce national regulations that comply with the vast majority of the detailed requirements contained within these international regulations.

……CONTINUED

As a minimum, flag states should be expected to have ratified the following core international maritime conventions:

1) International Convention for the Safety of Life at Sea, 1974 as amended, including the 1988 Protocol, the International Safety Management (ISM) Code and the International Ship and Port Facility Security (ISPS) Code (SOLAS 74).

2) International Convention for the Prevention of Pollution from Ships,1973 as modified by the Protocol of 1978, including Annexes I - VI (oil, bulk chemicals, dangerous packaged goods, sewage, garbage and atmospheric pollution) (MARPOL 73/78).

3) International Convention on Load Lines, 1966, including the 1988 Protocol (LL 66).

……CONTINUED

4) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended, including the 1995 amendments (STCW 78).

5) International Labour Organization Merchant Shipping (Minimum Standards) Convention 1976, including the 1996 Protocol (ILO 147), until superseded by the Maritime Labour Convention, 2006.

6) International Convention on Civil Liability for Oil Pollution Damage, 1992, and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (CLC/Fund 92).

IMPLEMENTATION AND ENFORCEMENT

As a minimum, it is reasonable to expect flag states to have implemented the detailed requirements of the international maritime treaties listed above, and to have established 8 effective mechanisms for their enforcement. For example, SOLAS, amongst other conventions, provides for

regular ship surveys and the issue of certificates of compliance by the flag state, while STCW requires certification of crew competence.

A simple means of assessing the extent to which international regulations are being properly enforced is through an examination of externally published data concerning the performance of ships registered with particular flags

SUPERVISION OF SURVEYS

In accordance with IMO Resolution A.739, flag states should establish appropriate controls over organisations, such as classification societies, nominated to conduct statutory surveys of ships on their behalf. Flag states should specify instructions detailing

actions to be followed in the event that a ship is not found fit to proceed to sea

provide information concerning national regulations that give effect to international maritime conventions

A verification and monitoring system should also be established to ensure the adequacy of work performed by organisations acting on a flag state’s behalf.

END OF SLIDES

THANK YOU