C5.3.e. Who is an “authorized officer” for port State control?

The MLC, 2006 does not define the term “authorized officer”; so this would be a matter for national implementation.

The tripartite experts’ meeting in September 2008 adopted the Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006, ⁷⁷ to assist port State control officers to carry out inspections of foreign ships coming into their ports [see A14 and C5.3.f]. They provide the following tripartite guidance:

2.2. Port State control officers

30. Port State control inspection under the MLC, 2006 is to be carried out by “authorized” officers (Regulation 5.2.1, paragraph 3). As mentioned earlier, the term “port State control officer (PSCO)” is adopted in these Guidelines. This means that persons must be authorized, by the competent authority in the port State to carry out these inspections and should carry official identification that can be shown to ships’ masters and to seafarers.

31. PSCOs should also be given sufficient power under relevant national laws or regulations to carry out their responsibilities under the MLC, 2006 in the event that a port State authority decides to inspect a foreign ship.

32. The MLC, 2006 does not set out specific requirements with respect to PSCOs, but port State control is to be carried out in accordance with the MLC, 2006 and “… other applicable international arrangements governing port State control inspections” (Regulation 5.2.1, paragraph 3). This means that existing requirements and international guidance with respect to qualifications and training required for persons functioning as a PSCO would be generally relevant ⁷⁸ .

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Port State responsibilities