C5.3.a. What is a port State?

This is the term used to describe the authority under international law for a country to exercise regulatory control with respect to foreign ships that come into its port. Mainly this takes the form of inspecting the ship and conditions on board the ship (often called “port State control”). It can be regarded as a form of international cooperation under Article I, paragraph 2 of the MLC, 2006 whereby the port State role supports the efforts of flag States by inspecting ships to ensure that they remain compliant between inspections by the flag State. This important role is also referred to in Article V, paragraphs 4 and 7 of the MLC, 2006. A country can be and often is, simultaneously a flag State, for purposes of regulating the ships that fly its flag, and a port State with respect to ships of other countries.

Port State responsibilities