The detention will not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.

Rectification and detention

9.1 Principles governing rectification of deficiencies or detention of a ship

A combination of deficiencies of a less serious nature may also warrant the detention of the ship.

Inspection Procedures, Rectification and Detention

9.2 Detention related to minimum manning standards and certification

3.7.3 Where the ground for a detention is the result of accidental damage suffered on the ship's voyage to a port, no detention order will be issued, provided that:

An appeal will not cause the detention to be suspended.

When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the port State control officer will assess whether:

However, the detainable deficiencies in the area of STCW 78, listed in 9.3.4.8 of this Annex, are the only grounds for detention under this Convention.

The notification will include information about the detention.

3.12 Should any inspection referred to in 3.1 confirm or reveal deficiencies in relation to the requirements of a relevant instrument warranting the detention of a ship, all costs relating to the inspections in any normal accounting period will be covered by the shipowner or the operator or by his representative in the port State.

Reporting procedures for detentions are provided in Annex 4.

.2 Notwithstanding the absence of the documentation referred to in 3.7.4.1, if the inspection finds no other deficiencies warranting detention the Authority may lift the detention order in order to avoid port congestion.

To assist the port State control officer in the use of these procedures there follows a list of deficiencies, grouped under relevant Conventions and/or Codes, which are considered of such a serious nature that they may warrant the detention of the ship involved.

For this purpose appropriate action will 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.

.1 Where the inspection reveals that the copy of the Document of Compliance or the Safety Management Certificate issued in accordance with the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) are missing on board a vessel to which the ISM Code is applicable at the date of the inspection, the Authority will ensure that the vessel is detained.

In any instance of alleged undue detention or delay the burden of proof lies with the owner or operator of the ship.

9.3.4.10 Areas which may not warrant a detention, but where e.g. cargo operations have to be suspended

The ship will only be allowed to proceed to sea if it is safe to do so, taking into account the criteria for detention indicated in 9.2 of this Annex.

If the result of any of these assessments is negative, taking into account all deficiencies found, the ship will be strongly considered for detention.

10 With the consent of the Authority, the C.A.A.M. will, on behalf of that Authority, submit detention reports to the International Labour Organization in accordance with Article 4 of ILO 147.

3.15 When exercising control under the Memorandum, the Authorities will make all possible efforts to avoid unduly detaining or delaying a ship.

Nothing in the Memorandum affects rights created by provisions of relevant instruments relating to compensation for undue detention or delay.

3.13 The owner or the operator of a ship or his representative in the State concerned will have a right of appeal against a detention decision taken by the Authority of that State.

.4 Ships flying the flag of a State appearing in the three-year rolling average table of above-average detentions and delays published in the annual report of the MOU

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, may justify detention.

If the actual crew number or composition is not brought into accordance with the safe manning document or the flag State does not advise that the ship could sail, the ship may be considered for detention after the criteria set out in 9.2 of this Annex have been taken into proper account.

9 With the consent of the Authority, the C.A.A.M. will, on behalf of that Authority, submit detention reports to the International Maritime Organization in accordance with Regulation I/19 of SOLAS 74, Article 11 of MARPOL 73/78, Article 21 of LOADLINES 66 and Article X of STCW 78.

Therefore, absence of the required certificates will not by itself constitute reason to detain these ships, however, in applying the 'no more favourable treatment' clause, substantial compliance with the provisions must be required before the ship sails.

In taking a decision concerning the rectification of a deficiency or detention of a ship, the port State control officer will take into consideration the results of the detailed inspection carried out in accordance with section 3 of the Memorandum and the procedures mentioned in section 6 and in 9.3 of this Annex.

3.2.4 In the case of deficiencies which are considered hazardous to safety, health or the environment the port State control officer will take such action, which may include detention as may be necessary, having regard to the factors mentioned in 3.2.1 of this Annex, to ensure that the deficiency is rectified or that the ship, if allowed to proceed to another port, does not present a clear hazard to safety, health or the environment.

The Authorities will take the measures necessary to ensure that all ships authorised to leave a port of their State under the circumstances referred to in 3.7.4.2 will be refused access to any port within the States, the Authorities of which are signatories to the Memorandum, except in the situations referred to in 3.9.3, until the owner or operator of the vessel has demonstrated, to the satisfaction of the Authority in whose State detention was ordered, that the ship has valid certificates issued in accordance with the ISM Code.

inspection of the ship, delaying the ship, detention of the ship, restriction of operations including movement within the port, or expulsion of the ship from port.

1 all possible efforts shall be made to avoid a ship being unduly detained or delayed.

The owner or the operator of the ship or his representative in the Member State shall have a right of appeal against a detention decision taken by the competent authority.

Then, if there are clear grounds to believe the ship does not comply, control measures such as additional inspections or detention may be taken.

inspection of the ship, delaying the ship, detention of the ship, restriction of operations including movement within the port, or expulsion of the ship from port.

Whereas, however, in the absence of other serious deficiencies warranting detention of the vessel, the Member State concerned should be able to give authorisation to lift the detention order on the ship when it is necessary in order to avoid port congestion;

No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State.

whereas it should be more clearly established where deficiencies which led to the detention of the vessel lie within the survey responsibilities of classification societies;

In the case of deficiencies warranting the detention of a ship, the document to be given to the master in accordance with paragraph 1 shall include information about the future publication of the detention order in accordance with the provisions of this Directive.

Notwithstanding the absence of the documentation referred to in paragraph 1, if the inspection finds no other deficiencies warranting detention the competent authority may lift the detention order in order to avoid port congestion.

To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions and/or codes, which are considered of such a serious nature that they may warrant the detention of the ship involved.

In the case of deficiencies which are clearly hazardous to safety, health or the environment, the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained, or the operation in the course of which the deficiencies have been revealed is stopped.

Should the inspections referred to in Articles 6 and 7 confirm or reveal deficiencies in relation to the requirements of a Convention warranting the detention of a ship, all costs relating to the inspections in any normal accounting period shall be covered by the shipowner or the operator or by his representative in the port State.

'Where the ground for detention is the result of accidental damage suffered on the ship's voyage to a port, no detention order shall be issued, provided that:

In any instance of alleged undue detention or delay the burden of proof shall lie with the owner or operator of the ship.

1 all possible efforts shall be made to avoid a ship being unduly detained or delayed.

In view of the importance of such equipment for maritime safety and in parallel with the efforts being made on this subject within the IMO, it should be made mandatory after a period of up to five years after the entry into force of this Directive for cargo ships built before 1 July 2002 calling at Community ports and, when compulsory, its absence or failure should warrant detention.