1.2.1 These Procedures apply to ships falling under the provisions of:
.1 the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974);
.2 the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1988);
.3 the International Convention on Load Lines, 1966, as amended (LL1966);
.4 the Protocol of 1988 relating to the International Convention on Load Lines, 1966, as amended (LL PROT 1988);
.5 the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the 1978 and 1997 Protocols, as amended (MARPOL);
.6 the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW 1978);
.7 the International Convention on Tonnage Measurement of Ships, 1969, as amended (TONNAGE 1969);
.8 the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS 2001);
.9 the Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREG 1972);
.10 the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 1969);
.11 the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended (CLC PROT 1992);
.12 the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (BUNKERS 2001);
.13 the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, as amended (BWM 2004); and
.14 the Nairobi International Convention on the Removal of Wrecks, 2007 (NAIROBI WRC 2007),
hereafter referred to as the relevant conventions.
1.2.2 Ships of non-Parties should be given no more favourable treatment (see section 1.5).
1.2.3 For ships below convention size, Parties should apply the procedures in section 1.6.
1.2.4 When exercising port State control, Parties should only apply those provisions of the conventions which are in force and which they have accepted.
1.2.5 Where the provisions of the relevant conventions are not specific, the port State control officer (PSCO) should in principle accept the design arrangement approved by the flag State and when appropriate consult with the flag Administration.
1.2.6 The PSCO should be aware that the provisions of relevant conventions permit Administrations to grant exemptions, allow equivalents1 and approve alternative design and arrangements (ADA). When an Exemption Certificate is issued in accordance with the relevant provisions of a convention, provided it includes the correct reference to the exemption
provision and the requirement to which it relates, or the ship carries the approved ADA
documentation (e.g. SOLAS 1974 regulation II-1/55.4.2), port State authorities should interpret
this as meaning that the ship complies with the provisions of the convention. Port State
authorities should check, whenever possible, with the Administration should there be any doubt
whether an exemption, equivalence or ADA has been granted.
1.2.7 Notwithstanding paragraph 1.2.4, in relation to voluntary early implementation of
amendments to SOLAS 1974 and related mandatory instruments, Parties should take into
account the Guidelines on the voluntary early implementation of amendments to the 1974
SOLAS Convention and related mandatory instruments (MSC.1/Circ.1565).
1.2.8 If a port State exercises control based on:
.1 the International Labour Organization (ILO) Maritime Labour Convention,
2006, as amended (MLC 2006), guidance on the conduct of such inspections
is given in the ILO publication ʺGuidelines for port State control officers
carrying out inspections under the Maritime Labour Convention, 2006, as
amendedʺ; or
.2 the ILO Convention No.147, Merchant Shipping (Minimum Standards)
Convention, 1976, or the Protocol of 1996 to the Merchant Shipping
(Minimum Standards) Convention, 1976, guidance on the conduct of such
inspections is given in the ILO publication ʺInspection of labour conditions
on board ship: Guidelines for procedureʺ.