Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.

1. References

• • a)      IMO Assembly Res. A.1155(32) Procedures for port state control, 2021;
  • b)      ILO Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006;
  • c)      The International Safety Management Code (ISM Code).

2. Purpose

• • 2.1      This Bulletin provides instructions and sets out the manner in which compliance with Port State Control Inspections (PSCIs) should be managed to avoid detentions and undue delays to vessels.

3. Application

• • 3.1      This Bulletin is applicable to all Barbadian vessels on international voyages arriving at port states which operate Port State Control (PSC) regimes in compliance with international conventions, local regulations, and under the principles of the IMO Res. A.1155(32) and the ILO Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention.

4. PSCI Reporting

• • 4.1      The ISM Managers are required to send copies of all PSCI reports (Form A and, if deficiencies are identified, Form B) to the BMSR at ops@barbadosmaritime.com as soon as possible after the PSCI.

• • 4.2      The BMSR will examine and record all the PSC reports and will determine any further action that may be necessary, such as an additional external ISM audit and/or Flag Inspection.

• • 4.3      Based on the PSCI deficiency’s action code, managers must provide evidence of closure of any PSC deficiencies to BMSR at ops@barbadosmaritime.com within the given time frame. For deficiencies with Action Code 17 (to be rectified before departure), evidence shall be provided within one week of the PSCI.

• • 4.4      The ISM Managers must also make sure that all PSCI reports for the previous 24 months, or since the date of registration if less than 24 months, are submitted to the BMSR. This is in addition to the requirement to keep PSCI reports on board the vessel for a period of minimum period of 36 months.
  • 4.5 Failure to provide PSCI reports may be considered as objective evidence of a failure in the safety management system and may lead to nonconformities being raised at external ISM audits.

5. Accidental Damage: Procedures to Avoid PSC Detention

• • 5.1     When there is a malfunction or defect that is the result of accidental damage suffered by the vessel, as per IMO Res. A.1155(32) chapter 2.3.7, the Port State Control Officer (PSCO) should not issue a detention order provided that:

• • .1      notification of the defect/malfunction has been made to the BMSR and to the RO responsible for issuing the relevant certificate;

• • .2      prior to entering a port, the Master or the ISM Manager has submitted to the port State authority details of the circumstances of the accident and the damage suffered and provide evidence of the notification to BMSR;

• • .3      appropriate remedial action, to the satisfaction of the port State authority, is taken; and

• • .4      the port State authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or environment have been rectified.

6. PSCI Preparation

• • 6.1     The ISM Managers are responsible for ensuring the vessel complies with the relevant requirements and that the ship and her crew are prepared for PSCIs.

• • 6.2     Any failures or breakdowns of equipment shall always be immediately communicated to BMSR, so a relevant dispensation (Permit) can be issued. Requests for a Permit are to be sent to ops@barbadosmaritime.com.

• • 6.3     Several ROs have produced checklists and guidance relating to preparation for PSCIs. The ISM Managers are advised to implement such checklists in the vessel’s SMS as an aid to ensuring that the vessel is routinely prepared for PSCIs.

• • 6.4     It is important that the Master and senior officers are familiar with the PSCI procedures and with Res. A.1155(32) and ILO Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, which are recommended to be carried on board for reference.

• • 6.5     The ISM Managers must also take into account the Regional PSC regime’s “Concentrated inspection campaigns” (CICs), which focus on specific areas where high levels of deficiencies have been encountered by PSCOs, or where new Convention requirements have recently entered into force. CICs generally take place annually over the three months September to November and are combined with a regular PSCI. Current CICs may be checked on the regional PSC regime websites.

7. Vessels on Priority I in Paris MoU

• • 7.1     ISM Managers are required to take additional precautions when the vessel is a priority I in the Paris MoU, as several detentions are due to easily rectified deficiencies, a lack of preparedness for a PSCI, and a lack of general knowledge of the vessel’s crew to successfully demonstrate normal shipboard equipment and procedures during a PSCI.

• • 7.2     In order to maintain the white flag status for Barbados registered ships and minimise operational risks for the overall benefit of shipowners/operators, vessels in priority I in the Paris MoU might be required to undergo an additional flag inspection at the first or second port prior to arrival in a Paris MoU port.

• • 7.3     In some cases, ISM Managers will also be required to undertake an additional flag inspection to be carried out at the same time of the PSCI, for the Appointed Nautical Inspector (ANI) to represent BMSR and give immediate assistance to the Master and the crew.

8. Conduct of PSCIs

• • 8.1     During a PSCI it is important to establish a professional working relationship with the PSCO and provide the necessary support during the PSCI.

• • 8.2     The Port State Control Officers (PSCOs) are to be met at embarkation and all the security controls (ID check and any other in accordance with the Ship Security Plan) must be carried out by the crew before escorting the PSCOs to the Master’s office.

• • 8.3     The Master shall have an opening meeting which shall cover the following areas:

• • .1       Identification of officer who will assist with the PSCI. All key staff should be present unless duty requires otherwise;

• • .2       Identification of the lead PSCO (if applicable);
  • .3       Explanation of the inspection procedure contemplated by the PSCO. If anything is unclear, the Master should ask for clarification;
  • .4       Details of any defect of equipment, including repairs and corrective action that are ongoing and the Permits (if applicable) that have been issued by the BMSR.
  • 8.4     PSCOs should never be left unescorted by a responsible officer, who should always be professional and knowledgeable of vessel’s equipment and should keep notes on any deficiencies noted by the PSCO.
  • 8.5     The responsible officer should strive to address any deficiency immediately or before the end of the PSCI.
  • 8.6     When defects cannot be dealt with immediately or when they could lead to a PSC detention, the RO or the BMSR should be contacted for proactive and appropriate corrective actions to be taken.

9. PSCI Closure and Follow-up

• • 9.1     On conclusion of the PSCI, the Master should hold a closing meeting to discuss any deficiencies, the justification for the deficiencies and/or the time-frame given for rectification of deficiencies.

• • 9.2     The Master must receive a report of the inspection from the PSCO, including details of any deficiencies. This report must be submitted to the BMSR as per section 4.

• • 9.3     Deficiencies identified at PSCIs can only be closed out directly with the PSC Authority involved and to the satisfaction of the PSCO.
  • 9.4     In some PSC Memorandum of Understanding (MoU) regimes, the rectification and closure of non-detainable deficiencies are recorded at the next PSC inspection within the same MoU.
  • 9.5     Deficiencies shall be closed with the time frame given by the action code. The ISM Managers are to be aware that any outstanding deficiency after the lapsed time will trigger a PSC Detention at the first port of the same MoU. Any deficiencies must also be closed with the BMSR as per 4.3 above.
  • 9.6     It should be noted that if a ship has open deficiencies the targeting factor may be increased with the possibility of further PSCIs.

10. PSC ISM Related Deficiencies

• 10.1   PSCOs do not perform ISM audits. However, any technical and/or operational deficiencies found during a PSCI can be individually or collectively considered by the PSCO as ISM-related to indicate that the deficiency/deficiencies show/s a failure, or lack of effectiveness, of the implementation of the ISM Code.
• 10.2   Where the PSCO has considered one or more technical and/or operational deficiencies as ISM-related, only one ISM deficiency is recorded in the PSCI report.
• 10.3   If an outstanding ISM-related deficiency from a previous PSCI exists and the current PSCI is more than three months later, the PSCO will verify, during the PSCI, the effectiveness of any corrective action taken by the company by examining the areas of the technical and/or operational deficiencies of the previous PSCI report which led to the issuance of the ISM deficiency.
• 10.4   If examination of the areas in relation to an ISM deficiency with the required corrective action within three (3) months is found not satisfactory, a new detainable ISM deficiency may be raised with the requirement for an additional external ISM Audit to be carried out before the vessel is released from detention.

11. Reporting of PSC detentions

• 11.1   The ISM Managers are required to inform the BMSR, the RO, Classification Society and the ISM issuing body if a vessel is detained.
• 11.2   BMSR shall also be informed of actions taken or planned to rectify all deficiencies as soon as practicable.
• 11.3   The ISM Managers shall undertake a Root Cause Analysis (RCA) within 30 days of the date of detention and take corrective actions to prevent a recurrence.
• 11.4   When the RCA is received, BMSR will determine what additional inspections are required of shipboard and or office Safety Management systems.
• 11.5   A vessel that is detained twice within a 12-month period will be deleted from the Register.
• 11.6   If the ISM Managers wish to dispute a detention, they should inform BMSR, whose technical officers will assess and assist with the appeal.

12. Code of Good Practice for PSCOs

• 12.1   The Code of Good Practice for port State control officers conducting inspections within the framework of the regional memoranda of understanding and agreement on port State control is available as Appendix 1 to Res. A.1155(32).
• 12.2   Any allegations of improper conduct by a PSCO should be reported to the BMSR, ISM Managers or the Master, with full details of the allegations and any supporting information, such as witness statements, for further action.

13. PSC Queries

• 13.1 Any queries regarding this Bulletin and PSCIs can be sent to BMSR at ops@barbadosmaritime.com.