**Executive Summary**
Engineering Circular No. 01 of 2019, issued by the Directorate General of Shipping, Mumbai on July 29th, 2019, outlines additional measures to improve the Port State Control (PSC) performance of Indian vessels. It addresses the current situation where the Indian flag is in the Grey List of the Paris and Tokyo MOUs and aims to move India back to the White List. Key action items include the development of ship-specific checklists, implementation of a "Ship Improvement Plan," and increased scrutiny during inspections.
**Key Points / Main Content**
* **Background & Objectives:**
* UNCLOS mandates the 'Flag State' to enforce maritime regulations.
* The Indian flag's performance, based on risk rating in various MOUs, has declined, leading to a Grey List status in Paris and Tokyo MOUs.
* The goal is to improve the Indian flag's PSC performance and move back to the White List within the next two years.
* **New Measures & Requirements:**
* Development of an E-Learning PSC module for all Indian seafaring officers prior to signing on a ship.
* All Indian shipping companies must develop a ship-specific checklist within 15 days of the circular's issuance.
* The checklist must be filled out by the Master/Chief Engineer before berthing at each foreign port and emailed to the company DPA/Superintendent.
* Implementation of a "Ship Improvement Plan" to be conducted by each RO Surveyor.
* Development of a risk-based flag state inspection regime.
* **Inspections & Procedures:**
* Close examination of specific items during the "Ship Improvement Plan" inspection, with entries made into Survey Status. Includes Fire Safety, Life Saving, Safety of Navigation, Deck condition, and Oily Water Separator operation.
* For Indian flag vessels due for dry-dock, a Superintendent inspection is required before proceeding to the last load port prior to dry-dock to ensure compliance with statutory requirements.
* Inspection by RO of Owners/Operators choice (after Superintendent Inspection and prior proceeding to load port just prior dry-dock) to ensure that the vessel is compliant with all Statutory requirements in case of a PSC inspection.
* Master/CE to fill up check list and forward to office by mail prior berthing each port.
* **Disciplinary Actions:**
* Punitive actions may be taken against Master/Chief Engineer/Superintendent/DPA/Company/Ship if found involved in taking an unseaworthy ship to sea.
* Actions may include withdrawal of foreign-going trading license, suspension of certificates, increased Flag State inspections, and actions against the ship and its officers.
* **ISM Procedures:**
* Shipping companies must brief Master/CE/Chief Officer/Second Engineer on the requirements of this circular and Engineering Circular 5 of 2017.
* Pre-joining checklists must be amended to include these requirements within 15 days of the circular's issuance.
**Impact Analysis**
**Indian National Ship Owners Association, Shipping Companies and Recognized Organizations**
* **Impact:** Required to implement new measures to improve PSC performance of Indian vessels.
* **Action Required:** Develop ship-specific checklists, ensure E-Learning module completion, comply with Ship Improvement Plan inspections, and brief officers on new requirements.
**Indian Seafaring Officers (Master, Chief Engineer, DPA, Superintendent)**
* **Impact:** Increased responsibility for ensuring vessel compliance and filling out checklists.
* **Action Required:** Complete E-Learning module, fill out checklists accurately, and ensure compliance with Ship Improvement Plan inspections.
**Recognized Organizations**
* **Impact:** Increased inspection requirements and scrutiny.
* **Action Required:** Conduct "Ship Improvement Plan" inspections and ensure inspection dates are entered into Survey Status.
Key Entities Referenced
Port State Control MOU: Agreement between countries to inspect foreign ships in port for compliance with international regulations.
United Nations Convention on the Law of the Sea (UNCLOS): International agreement that defines the rights and responsibilities of nations with respect to their use of the seas.
Directorate General of Shipping, Mumbai: Regulatory body responsible for the implementation and enforcement of maritime regulations in India.
Engineering Circular No. 01 of 2019: The subject engineering circular itself, mandating measures to improve port state control performance of Indian vessels.
Merchant Shipping Act, 1958: Indian law concerning maritime activities and shipping regulations.
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DIRECTORATE GENERAL OF SHIPPING, MUMBAI
ENGINEERING GIRCULAR NO. O'I OF 2O'I9
Dated:29th July,20l9
No: ENG/PS
a to improve Port State Control Performance
of lndian Vessels.
l.Background:
a) The United Nations Convention on the Law of the Sea (UNCLOS) mandates the 'Flag
State, as the prime authority for the implementation and enforcement of the international
maritime regulations. By registering the ship, a State grants the ship its nationality, which is the
basic requirement before the ship undertakes any maritime navigation/operation. Further, as
per UNCLOS, the grant of nationality makes the State responsible to effectively exercise its
jurisdiction and control in administrative, technical and social matters over ships flying its flag.
There have been no clear documented mechanism on parameters to evaluate
b)
effectiveness (a word used in UNCLOS) of a Flag state responsibility; however, various
stakeholders assess effectiveness of a Flag State by analyzing the port state control statistics
(Risk rating of a Flag in Regional Port State Control MOU's) among other factors such as
casualty statistics and IMSAS audit reports.
c) ln various Regional Port State Control MOU's, the flag performance is calculated
based on the past three-year's history in the number of inspections and detentions in a
particular MOU. This performance is being assessed every year and remains fixed for next
one year even though number of inspections and detentions keep on changing due to
continuing inspections. Some Regional MOU's such as Paris and Tokyo MOU publicly
display flag performance in the form of White/Grey/Black list. lf a flag is included in the
Black List of say Paris MOU, all its flagged vessels are inspected frequently, that is, whenever
(each time) they visit the ports of countries that are members of Paris MOU's.
d) lndian Flag performance is accordingly being judged by stakeholders based on its risk
rating in various MOU's such as Paris, Tokyo and USCG. lndia was in White list of Paris MOU
ilnd Grey List of Tokyo MOU in Zdt+. Uowever, a sudden drop in pefformance of lndian Ships
in Paris MOU after 2014 has resulted the lndian Flag moving to Grey list of PARIS MOU and
continued to be in grey list in 2016 & 2017 Flag perfnrmance list published by Paris MOU, The
continual drop in performance has also resulted in lrrdian Flag on the verge of being shifted to
Black list of Paris MOU in 2017. ln TOKYO MOU, lndian Flag continued to be in the Grey List
in all the calendar years mentioned above.
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fta frGrr, efi riEil-m, sn{ ftqr +srs,6'i{t rfiE ts, oiqrqr|f ffi{t 1ffi. moon z
9th Floor, BETA Buildi6g, l-Think Techno Campus, Kaniur Village Road, Kani-urmarg (E), ltlumbai-4000tl2
q+ff"t No., isi-ii{stsiaoltrzlr-*qffat.: +9i-12-zstszozircs (.*gEmairr ogehlpdgs@nic.ln iTFl6c/website: www.dgchlpplng.gov.ire) Noting the foregoing situation and current position of lndian flag in both paris and roryo
MoUs, the Directorate issued Engineering circular 5 ol 2011 on 23.10.2017 with a purpose of
psc
improving the port state control performance of lndian vessels in various Regional
MOU's. The stated circular details the inspection and reporting procedures after each
detention and the responsibilities of all involved in running of the vessel (Owner, DpA,
Superintendent, Master, and Chief Engineer).
f)Though, there have been slight reduction in number of detentions (8 detentions in 201g
compared lo 11 in 2017) since the issuance of Engineering circular 5 ol 2017 on 23.i0.2017,
yet it is obligatory to take more additional measures to strive moving lndia in the White List of
Paris and TOKYO MOU in the next two years.
s) To achieve the above ob.lective, a meeting with stakeholders (lndian National ship
owners Association, shipping companies and Recognized organizations) was held at the
directorate under the chairmanship of the Director General of shipping on 21 May 2019.
During the said meeting, it was decided to implement following additional measures, in
addition to measures required vide earlier requirements, to improve port state control
performance of lndian vessels:
L psc
Directorate to develop and make available an E-Learning module to be completed
by all lndian seafaring officers prior signing on ship.
il. All lndian shipping companies to develop a ship specific checklist (within 15 days of
issue of this circular) to prevent port state detention of their vessels. This checklist to
be filled-up by Master/chief Engineer prior berthing at each foreign port and forwarded
to company DPA,/Superintendent by e-mail (with checklist attached in pdO well in
advance. ln case of detentions, non-compliance with this requirement may be used to
decide upon the disciplinary action against DpA,/superintendenuMaster/chief
Engineer.
ilt. An inspection (check of certain critical items) called ,'Ship lmprovement plan,,to be
conducted by each RO Surveyor whenever (each time) he attends for any purpose, a
foreign going vessel, between last completed
surveys
(Annual/lntermediate/Periodical/Renewal) and the next due
survey
(Annual/l ntermediate/Periodical/Renewal).
lv.
Development of a "Risk based" flag state inspection regime where the risk is based on
various scientific factors (apart from vessel's age) such as Flag state/port state
inspection/detention records, casualty statistics, MLc 2006 compliance, frequency of
request for extension of surveys etc.
Page 2 of 5V.
Punitive actions against Master/Chief Engineer/SuperintendenvDPfuCompany/Ship in
case of Port State detentions and if it is found that any or all of them are involved in
taking an unseaworthy ship to sea rn violation of Section 334 of Merchant Shipping Act,
1958.
2. Purpose:
lmplementation of measures mentioned in sub-paragraph ll, lll & V of paragraph 1 above.
3. Applicability&Responsibility
a)
companies owning/Managing lndian Flag Vessels on regular/frequenuone-time
Forergn Run:- Development and lmplementation of Ship-specific Checklist as
mentioned above.
b)
DPA"/SuperintendenUMaster/Chief Engineer of lndia Vessels on regular/frequenUon-
time Foreign Run: Ensuring implementation of above mentioned checklist.
c)
Recognized Organization: Ensure that Concentrated lnspection campaigns are carried
out and the date on which such inspections are conducted to be entered in survey
Status.
4.
Ship lmprovement Plan
lnspection under this plan will require close examination of following items and entry into
Survey Status indicating the date of inspection and effectiveness of items verified:
a) Fire safety: Frre detection, Fire Pumps (Emergency), Fire Dampers, Doors within main
vertical zone; Verification that bilges are not filled with oil; Exhaust laggings on Auxiliary
and Main Engines; Emergency Generator; Dead Ship Start Arrangements etc..
b) Life Saving: Lifeboats, Rescue Boats & Lifebuoys.
c) safety of Navigation: Nautical publications and charts; Light, shape and sound signals,
VDRYS-VDR, BNWAS, ECDIS.
d) Quick round of Deck to verify that all pipelines, air vents, ventilators closing mechanisms
are in good working condition.
e) operation of oily water Separator and 1 5 ppM alarm and other critical machineries.
5. Additional Requirements:
a)
Applicability:
For all those lndian Flag vessels (on coastal or foreign run) which has not undergone any
PSC inspection under ToKYo MoU, paris Mou, uscc or AMSA in last one year & is
due for dry-dock but the operator/owner of the vessel plans to take the vessel to a foreign
dry-dock after completion of a loaded voyage to a foreign port for discharge and then
proceed directly to dry dock.
Page 3 of 5b)
Requirement:
l)
The vessel shall not undertake a loaded foreign voyage to a discharge port under the
pretext that it will proceed directly to dry-dock after completion of discharge when the
Statutory surveys becomes overdue during the course of voyage to discharge port
without obtaining a written dispensation from the directorate prior start of the voyage.
ll)
To undergo a Superintendent inspection (prior proceeding to last load port just prior
dry-dock) to ensure that the vessel is compliant with all Statutory requirements in case
of a PSC inspection.
lll)
lnspection by RO of Owners/Operators choice (after Superintendent lnspection and
prior proceeding to load port just prior dry-dock) to ensure that the vessel is compliant
with all Statutory requirements in case of a pSC inspection.
lV)
Master/CE to fill up check list and fonrard to office by mail as mentioned in paragraph
7
g (ll), above, prior berthing each port.
6.
Disciplinary actions:
The punitive action mentioned in Paragraph 1(g)(V) includes following action based on review
of documents and past history of detentions and PSC/Flag State Performance:
a)
Withdrawal of foreign going trading license.
b) Suspension of Certificate of Competency of DPA/SuperintendenVMaster/Chief
Engineer.
c)
lncrease in frequency of the Flag State lnspections for particular ship/all ship managed
by the Company.
d)
Actions will also be initiated against the ship and its Master/Chief Engineer even if the
Owner decides to change the management company.
7.
Changes in ISM Pre-joining Biefing Procedures:
All Shipping Companies are required to brief Master/CE/Chief Officer/Second Engineer prior
joining about all the requirements stated in this circular and Engineering Circular 5 of 20171he
pre-joining checklist to be amended to include this requirement within 15 days of the issue of
this circular.
This circular is issued with the approval of Chief Surveyor-cum-Addl. DG (Eng) and is
applicable with immediate effect.
sd/-
(Vikrant Rai)
E&SS-cum-DDG (Tech)
Page 4 of 5To:
r)
rNSA / FOSMA /MASA
2) All Shipping Companies
3) All Recognized Organizations
Copy to,
1) Sr. PS to D.G
2)
Sr. PS to Chief Surveyor with the Govt. of India
3)
Sr. PS to Nautical Adviser (I/C) to the Govt. of India
4)
PS to Chief Ship Surveyor with the Govt. of India cum Additional D.G (l/C)
5) The Principal Officers/ Mercantile Marine Department, Mumbai /Kolkata/ Chennai/ Kandla /
Cochin.
6) Surveyor-in-charge, Mercantile Marine Department Office Noida, Jamnagar, Mormugao,
Mangalore, Tuticorin, Visakhapatnam, Haldia, paradip, port Blair.
7)
Engineering / Nautical and Naval Architecture branch of DGS.
8) Hindi Cell
9)
Guard file.
l0) Computer Cell
Page 5 of 5