“The port State control regime in Ireland is part of the Paris Memorandum of Understanding on Port State Control (Paris MOU), and its requirements are transposed into EU legislation through Directive 95/21/EC, which is further transposed into Irish law. There are two obligatory reporting requirements under this port State control regime for ships entering Irish ports as follows:
1. Expanded Inspections
The Directive introduced the concept of expanded inspections (EIs) on certain high risk ships. The Directive requires that high-risk ships must have an expanded inspection carried out by a member of the Paris MOU if such an inspection has not been carried out within the previous 12 months.
The following vessels are identified by the Directive as high risk:
· Oil tankers over 15 years old and over 3000GT;
· Gas and chemical tankers over 10 years old;
· Bulk carriers over 12 years old;
· Passenger ships over 15 years old (excluding those covered by the EU Ferry Directive 1999/35/EC).
If your vessel is classed as high risk, as defined above, and it is more than 12 months since an expanded inspection was carried out on it by a Port State Control Officer in the Paris MOU region, then you must report that your vessel is calling and that your vessel is eligible for an expanded inspection. In the case of Ireland, you must report to the Marine Survey Office (MSO) in Dublin.
Information must be provided 3 days before the expected time of arrival, or before leaving the previous port if the voyage is expected to take less than 3 days. An Owner or Master must use SafeSeasIreland (SSI) to report this information.
Under the European Communities (Port State Control) (Amendment) Regulations 2007 [S.I. No. 112 of 2007], failure by the operator or master of a ship to report to the MSO that the vessel is eligible for an expanded inspection is an offence.
A ship that has not provided the notification using SSI, as required, and which is then subsequently identified by the MSO to be eligible for an expanded inspection will be subject to inspection and may risk delay due to the involved nature of the inspection.
2. Reports from Ports and Pilots
Pilots engaged in berthing ships shall immediately inform the MSO whenever they learn of deficiencies which may prejudice the safe navigation of the ship or which may pose a threat to the marine environment.
Port Authorities shall immediately inform the MSO whenever they learn of deficiencies on ships in their ports which may prejudice the safety of the ship or which pose an unreasonable threat to the marine environment.
SafeSeasIreland (SSI) will be modified to facilitate the on-line reporting of such reports from pilots and port authorities and pending this, pilots and port authorities are required to make such reports to the MSO in writing by e-mail or fax.
Under the European Communities (Port State Control) (Amendment) Regulations 2007 [S.I. No. 112 of 2007], failure by a pilot or a port authority to report safety or environmental deficiencies to the MSO is an offence.
New Inspection Regime
From the 1st of January 2011, there will be enhanced reporting obligations under the New Inspection Regime (NIR), and an updated Marine Notice will issue at that time. The MSO is currently amending SSI to facilitate reporting by agents, owners, masters, pilots and port authorities, amongst others, for the requirements of the NIR.