3.7.1 The PSCO should endeavour to secure the rectification of all deficiencies detected.
3.7.2 In the case of deficiencies which are clearly hazardous to safety or the environment,
the PSCO should, except as provided in paragraph 3.7.3, ensure that the hazard is removed
before the ship is allowed to proceed to sea. For this purpose, appropriate action should be
taken, which may include detention or a formal prohibition of a ship to continue an operation
due to established deficiencies which, individually or together, would render the continued
operation hazardous.
3.7.3 Where deficiencies which caused a detention, as referred to in paragraph 3.7.2,
cannot be remedied in the port of inspection, the port State authority may allow the ship
concerned to proceed to the nearest appropriate repair yard available, as chosen by the master
and agreed to by that authority, provided that the conditions agreed between the port State
authority and the flag State are complied with. Such conditions will ensure that the ship should
not sail until it can proceed without risk to the safety of the passengers or crew, or risk to other
ships, or without presenting an unreasonable threat of harm to the marine environment.
Such conditions may include confirmation from the flag State that remedial action has been
taken on the ship in question. In such circumstances the port State authority should notify the
authority of the ship’s next port of call, the parties mentioned in paragraph 4.1.4 and any other
authority as appropriate. Notification to authorities should be made in the form shown in
appendix 14. The authority receiving such notification should inform the notifying authority of
action taken and may use the form shown in appendix 15.
3.7.4 On the condition that all possible efforts have been made to rectify all other
deficiencies, except those referred to in paragraphs 3.7.2 and 3.7.3, the ship may be allowed
to proceed to a port where any such deficiencies can be rectified.
3.7.5 If a ship referred to in paragraph 3.7.3 proceeds to sea without complying with the
conditions agreed to by the authority of the port of inspection, that port State authority should
immediately alert the next port, if known, the flag State and all other authorities it considers
appropriate.
3.7.6 If a ship referred to in paragraph 3.7.3 does not call at the nominated repair port, the
port State authority of the repair port should immediately alert the flag State and detaining port
State, which may take appropriate action, and notify any other authority it considers
appropriate.