GUIDELINES FOR THE DETENTION OF SHIPS
1 Principles governing rectification of deficiencies or detention of a ship
1.1 In taking a decision concerning the rectification of a deficiency or detention of a ship,
the port State control officer (PSCO) will have to take into consideration the results of the more
detailed inspection carried out in accordance with paragraph 2.5 of the procedures and
guidelines contained in this appendix.
1.2 The PSCO will exercise professional judgement in determining whether to detain the
ship until the deficiencies are rectified or to allow the ship to sail with certain deficiencies
without unreasonable danger to safety, health or the environment, having also considered the
particular circumstances of the intended voyage.
2 Detention related to minimum safe manning and STCW certification
Before detaining a ship for the reasons of not operating at appropriate established minimum
safe manning and STCW certification, the following will have to be considered, giving due
regard to the points listed under areas under STCW 1978:
.1 length and nature of the intended voyage or service;
.2 whether or not the deficiency poses a danger to ships, persons on board or
the environment;
.3 whether or not appropriate hours of rest for the crew have been recorded
and there is evidence that the minimum hours of rest have repeatedly not
been kept;
.4 ship’s size and type and equipment provided; and
.5 nature of cargo.
3 Procedures for the detention of ships of all sizes
3.1 When exercising professional judgement as to whether or not a ship should be
detained, the PSCO will apply the following criteria:
.1 timing: ships which are unsafe to proceed to sea will be detained upon the
first inspection, irrespective of the time the ship will stay in port; and
.2 re-inspection criterion: the ship will be detained if the deficiencies on a ship
are sufficiently serious to merit a PSCO returning to the ship to be satisfied
that they have been rectified before the ship sails.
3.2 The need for the PSCO to return to the ship classifies the seriousness of the
deficiencies.
3.3 When deciding whether the deficiencies found in a ship are sufficiently serious to merit
detention, the PSCO should assess whether:
.1 the ship has relevant, valid documentation; and
.2 the ship has the crew required in the minimum safe manning document or
equivalent.
3.4 During inspection, the PSCO should further assess whether the ship and/or crew,
throughout their forthcoming voyage, are able to:
.1 navigate safely;
.2 safely handle, carry and monitor the condition of the cargo;
.3 operate the engine-room safely;
.4 maintain proper propulsion and steering;
.5 fight fires effectively in any part of the ship if necessary;
.6 abandon ship speedily and safely and effect rescue if necessary;
.7 prevent pollution of the environment;
.8 maintain adequate stability;
.9 maintain adequate watertight integrity;
.10 communicate in distress situations if necessary; and
.11 provide safe and healthy conditions on board.
3.5 If the result of any of these assessments is negative, taking into account all
deficiencies found, the ship should be strongly considered for detention. A combination of
deficiencies of a less serious nature may also warrant the detention of the ship.
4 General
The lack of valid certificates as required by the relevant conventions may warrant the detention
of ships. However, ships flying the flag of States not a Party to a convention or not having
implemented another relevant instrument are not entitled to carry the certificates provided for
by the convention or other relevant instrument. Therefore, absence of the required certificates
should not by itself constitute a reason to detain these ships; however, in applying the “no
more favourable treatment” clause, substantial compliance with the provisions and criteria
specified in these Procedures must be required before the ship sails.
5 Detainable deficiencies
To assist the PSCO in the use of these Guidelines, there follows a list of deficiencies, grouped
under relevant conventions and/or codes, which are considered to be of such a serious nature
that they may warrant the detention of the ship involved. This list is not considered exhaustive,
but is intended to give examples of relevant items. However, the detainable deficiencies in the
area of STCW 1978, listed below, are the only grounds for detention under this Convention.
Areas under SOLAS 1974
1 Failure of proper operation of propulsion and other essential machinery, as well as
electrical installations.
2 Insufficient cleanliness of engine-room, excess amount of oily-water mixture in bilges,
insulation of piping including exhaust pipes in engine-room contaminated by oil, and
improper operation of bilge pumping arrangements.
3 Failure of the proper operation of emergency generator, lighting, batteries and
switches.
4 Failure of proper operation of the main and auxiliary steering gear.
5 Absence, failure, insufficient capacity or serious deterioration of personal life-saving
appliances, survival craft and launching and recovery arrangements (see also
MSC.1/Circ.1490/Rev.1).
6 Absence, non-compliance or substantial deterioration to the extent that it cannot
comply with its intended use of fire detection system, fire alarms, fire-fighting
equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers and
quick-closing devices.
7 Absence, substantial deterioration or failure of proper operation of the cargo deck
area fire protection on tankers.
8 Absence, non-compliance or serious deterioration of lights, shapes or sound signals.
9 Absence or failure of the proper operation of the radio equipment for distress and
safety communication.
10 Absence or failure of the proper operation of navigation equipment, taking the relevant
provisions of SOLAS 1974 regulation V/16.2 into account.
11 Absence of corrected navigational charts, and/or all other relevant nautical
publications necessary for the intended voyage, taking into account that electronic
charts may be used as a substitute for the charts.
12 Absence of non-sparking exhaust ventilation for cargo pump-rooms.
13 Serious deficiency in the operational requirements listed in appendix 7.
14 Number, composition or certification of crew not corresponding with safe manning
document.
15 Non-implementation or failure to carry out the enhanced survey programme in
accordance with SOLAS 1974 regulation XI-1/2 and the International Code on the
Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil
Tankers, 2011 (2011 ESP Code), as amended.
16 Absence or failure of a voyage data recorder (VDR), when its use is compulsory.
Areas under the IBC Code
1 Transport of a substance not mentioned in the Certificate of Fitness or missing cargo
information.
2 Missing or damaged high-pressure safety devices.
3 Electrical installations not intrinsically safe or not corresponding to the Code
requirements.
4 Sources of ignition in hazardous locations.
5 Contravention of special requirements.
6 Exceeding of maximum allowable cargo quantity per tank.
7 Insufficient heat protection for sensitive products.
8 Pressure alarms for cargo tanks not operable.
9 Transport of substances to be inhibited without valid inhibitor certificate.
Areas under the IGC Code
1 Transport of a substance not mentioned in the Certificate of Fitness or missing cargo
information.
2 Missing closing devices for accommodations or service spaces.
3 Bulkhead not gastight.
4 Defective air locks.
5 Missing or defective quick-closing valves.
6 Missing or defective safety valves.
7 Electrical installations not intrinsically safe or not corresponding to the Code
requirements.
8 Ventilators in cargo area not operable.
9 Pressure alarms for cargo tanks not operable.
10 Gas detection plant and/or toxic gas detection plant defective.
11 Transport of substances to be inhibited without valid inhibitor certificate.
Areas under LL 1966 and LL PROT 1988
1 Significant areas of damage or corrosion or pitting of plating and associated stiffening
in decks and hull affecting seaworthiness or strength to take local loads, unless
properly authorized temporary repairs for a voyage to a port for permanent repairs
have been carried out.
2 A recognized case of insufficient stability.
3 The absence of sufficient and reliable information, in an approved form, which by rapid
and simple means enables the master to arrange for the loading and ballasting of the
ship in such a way that a safe margin of stability is maintained at all stages and at
varying conditions of the voyage, and that the creation of any unacceptable stresses
in the ship’s structure is avoided.
4 Absence, substantial deterioration or defective closing devices, hatch closing
arrangements and watertight/weathertight doors.
5 Overloading.
6 Absence of, or impossibility to read, draught marks and/or load line marks.
7 The means of freeing water from the deck not in satisfactory or operational condition.
Areas under MARPOL Annex I
1 Absence, serious deterioration or failure of proper operation of the oily-water filtering
equipment, the oil discharge monitoring and control system or the 15 ppm alarm
arrangements.
2 Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.
3 Oil Record Book not available.
4 Unauthorized discharge bypass fitted.
5 Failure to meet the requirements of regulation 20.4 or alternative requirements specified in regulation 20.7.
6 Oily bilge water and/or oil residue accumulated in machinery spaces.
Areas under MARPOL Annex II
1 Absence of Procedures and Arrangements Manual (P and A Manual).
2 Cargo is not categorized.
3 No Cargo Record Book available.
4 Unauthorized discharge bypass fitted.
Areas under MARPOL Annex III and dangerous goods carriage requirements
1 Absence of a valid Document of Compliance for carriage of dangerous goods
(if required).
2 Absence of a Dangerous Cargo Manifest or detailed stowage plan before departure
of the ship.
3 Stowage and segregation provisions of the IMDG Code chapters 7.1, 7.2, 7.4, 7.5 and 7.6 are not met.
4 Ship is carrying dangerous goods not in compliance with the Document of Compliance
for carriage of dangerous goods of the ship.
5 Ship is carrying damaged or leaking dangerous goods packages.
6 Ship’s personnel assigned to specific duties related to the cargo are not familiar with
those duties, with any dangers posed by the cargo and with the measures to be taken
in such a context.
Areas under MARPOL Annex IV
1 Absence of valid International Sewage Pollution Prevention Certificate.
2 Sewage treatment plant not approved and certified by the Administration.
3 Failure of sewage treatment plant.
4 Ship’s personnel not familiar with disposal/discharge requirements of sewage.
Areas under MARPOL Annex V
1 Absence of garbage management plan.
2 No garbage record book available.
3 Ship’s personnel not familiar with disposal/discharge requirements of garbage
management plan.
Areas under MARPOL Annex VI
1 Absence of valid International Air Pollution Prevention Certificate (IAPP Certificate),
Engine International Air Pollution Prevention Certificates (EIAPP Certificates) or
Technical Files if applicable.
2 Absence of International Energy Efficiency Certificate (IEE Certificate), the EEDI
Technical file or EEXI Technical file; or the Ship Energy Efficiency Management Plan
(SEEMP).
3 In relation to the absence of a valid Statement of Compliance1
for:
1. Fuel Oil Consumption Reporting from 2019 and onwards of 1 June of each
following year (Regulation 27), and/or
2. Carbon Intensity Rating from 2023 and onwards of each following year
(Regulation 28);
a pragmatic approach should be applied if a ship has changed the flag and/or the
company and there is evidence the losing Administration has not acted in accordance
with regulation/s or data was not provided by the previous company when the ship
was transferred.
4 A marine diesel engine with a power output of more than 130 kW which is installed
on board a ship constructed on or after 1 January 2000, or a marine diesel engine
having undergone a major conversion on or after 1 January 2000 which does not
conform to its Technical File, or where the required records have not been maintained
as necessary, or where it has not met the applicable requirements of the particular
NOx Tier III emission control area in which it is operating.
5 A marine diesel engine, with a power output of more than 5,000 kW and a per cylinder
displacement at or above 90 litres, which is installed on board a ship constructed on
or after 1 January 1990 but prior to 1 January 2000, and an approved method for that
engine has been certified by an Administration and was commercially available, for
which an approved method is not installed after the first renewal survey specified in
regulation VI/13.7.2.
6 On ships not equipped with equivalent means of SOx compliance, based on the
methodology of sample analysis in accordance with appendix VI2 of MARPOL
Annex VI, the sulphur content of any fuel oil being used or carried for use on board
exceeds the applicable limit required by regulation VI/14. If the master claims that it
was not possible to bunker compliant fuel oil, the PSCO should take into account the
provisions of regulation VI/18.2 (see the appendix).
7 On ships equipped with equivalent means of SOx compliance:
.1 absence of an appropriate approval for the equivalent means, which applies
to relevant fuel combustion units on board;
.2 EGCS systems installed on board fail to provide effective equivalence to the
requirements of regulations VI/14 and 14.4; and
.3 with regard to combustion units not connected to an EGCS, the sulphur
content of any fuel oil being used on these combustion units exceeds the
limits stipulated in regulation VI/14, taking into account the provisions of
regulation VI/18.2 (see the annex to appendix 18).
8 An incinerator installed on board the ship on or after 1 January 2000 does not comply
with requirements contained in appendix IV to the Annex, or the standard
specifications for shipboard incinerators developed by the Organization
(resolution MEPC.76(40) as amended by MEPC.93(45), or resolution MEPC.244(66),
as amended by resolution MEPC.368(79), as appropriate).
9 The master and crew are not familiar with essential procedures regarding the
operation of air pollution prevention equipment or reporting requirements as defined
in paragraph 2.6.14 of appendix 18.
Areas under STCW 1978
1 Failure of seafarers to hold a certificate, to have an appropriate certificate, to have a
valid dispensation or to provide documentary proof that an application for an endorsement has
been submitted to the Administration.
2 Failure to comply with the applicable safe manning requirements of the Administration.
3 Failure of navigational or engineering watch arrangements to conform to the
requirements specified for the ship by the Administration.
4 Absence in a watch of a person qualified to operate equipment essential to safe
navigation, safety radiocommunications or the prevention of marine pollution.
5 Inability to provide for the first watch at the commencement of a voyage and for
subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.
Areas under AFS 2001
1 Absence of a valid International Anti-fouling System Certificate or a Declaration on Anti-fouling System.
2 Sampling proves it is non-compliant within the port’s jurisdiction.
Areas which may not warrant a detention, but where, for example, cargo operations have to be suspended
Failure of the proper operation (or maintenance) of inert gas systems, cargo-related gear or machinery should be considered sufficient grounds to stop cargo operation.
1 New ships are not required to be furnished with statements of compliance until June of the following year.
2 Amendments to MARPOL VI, appendix VI, Verification procedures for a MARPOL Annex VI fuel oil sample.