C5.3.f. Is there guidance or a model for a port State inspection and monitoring system and to provide guidance to authorized officers?

The tripartite experts’ meeting in September 2008 adopted the Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006, to assist port State control officers to carry out inspections of foreign ships coming into their ports [see A14.]. The need to develop international guidelines and related national guidance for port State control officers had, in fact, been foreseen in the MLC, 2006 itself. The Convention begins, in Article I, by requiring that: “Members shall cooperate with each other for the purpose of ensuring the effective implementation and enforcement of the Convention.” More specifically Regulation 5.2.1, paragraph 3, provides that “Inspections in a port shall be carried out by authorized officers in accordance with the provisions of the Code and other applicable international arrangements governing port State control inspections in the Member”. Standard A5.2.1, paragraph 7, provides that “Each Member shall ensure that its authorized officers are given guidance, of the kind indicated in Part B of the Code, as to the kinds of circumstances justifying detention of a ship under paragraph 6 of this Standard”. Finally, Guideline B.5.2.1, paragraph 3, provides that “Members should cooperate with each other to the maximum extent possible in the adoption of internationally agreed guidelines on inspection policies, especially those relating to the circumstances warranting the detention of a ship”. Developing guidelines for port State control officers was an important response to the call for “internationally agreed guidelines”, insofar as the implementation of the MLC, 2006 is concerned. However, a harmonized approach to port State control is an ongoing process that includes cooperation among countries and coordination of maritime inspection under several maritime Conventions, not just the MLC, 2006 but also, particularly, the relevant IMO Conventions. In 2018, the Special Tripartite Committee established under the MLC, 2006 [see A22.] decided to establish a subsidiary body in charge of updating the ILO Guidelines in order to reflect the amendments to the Code of the MLC, 2006. The new Guidelines should be published by November 2020.

Port State responsibilities