C5.3.l. When can a ship be detained by an authorized port State officer?

Standard A5.2.1, paragraphs 6 and 8, provide that “the authorized officer shall take steps to ensure that the ship shall not proceed to sea” where a ship is found not to conform to the requirements of this Convention and:

(a) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or

(b) the non-conformity constitutes a serious or repeated breach of the requirements of this Convention (including seafarers’ rights).

This detention in port must continue until the above non-conformities have been rectified, or until the authorized officer has accepted a plan of action to rectify them and is satisfied that the plan will be implemented in an expeditious manner.

However, when implementing their responsibilities under Standard A5.2.1, all possible efforts must be made to avoid a ship being unduly detained or delayed (see Standard A5.2.1, paragraph 8).

Port State responsibilities