BDAR
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Port state control

Inspection of foreign flag ships is carried out through the Port State Control. The main purpose of the Port State Control is to determine, whether foreign ships in national ports are complying with requirements of international regulations on maritime safety, security, prevention of pollution from the ships as well as the standards of shipboard living and working conditions requirements.  The sovereign right of a port state to inspect foreign flag ships is stated in various international conventions and regional agreements. Port State Control in the Republic of Lithuania is exercised by the Maritime Supervision Division). The activity is regulated by the Law of the Republic of Lithuania on Maritime Safety.

 

Since 1 July 2006 Lithuania is a member of regional organization – the Paris Memorandum of Understanding on Port State Control. On 1 January 2011 the New Inspection Regime called NIR on Port State Control was adopted by the Paris MoU and EU member states. The harmonized inspection procedures of foreign flag ships are regulated by Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on Port State Control and Memorandum of Understanding of the Paris MoU. The NIR in Lithuania is implemented through the Order by the Minister of Transport and Communications of 29 December 2010 No. 3-759 “Concerning the Order by the Minister of Transport and Communication of the Republic of Lithuania No. 3-23 of 15 January 2004 “Concerning the approval of the Regulations on port State control in ships registered abroad present in Lithuania seaports” amendment”.           

According to the NIR system periodic inspections of ships depends on so called “Ship Risk Profile” and are determined by time window. The High Risk Ships (HRS) can be inspected after 5 months and shall be inspected after 6 months since the last inspection in the Paris MoU region or EU member state. The Standard Risk Ships (SRS) can be inspected after 10 months and shall be inspected after 12 months, and the Low Risk Ship (LRS) can be inspected after 24 months and shall be inspected after 36 months since last inspection in the Paris MoU region or EU member state. Besides periodic inspections ships are subject to additional inspections which are triggered by overriding or unexpected factors depending on the severity of the occurrence. And the NIR does not limit the right of the state to carry out inspections of foreign flag ships in accordance with existing international conventions in force.

The Company, as per ISM Code, performance has also the influence to the calculation of Ship Risk Profile. The Ship Risk Profile and the Company Performance may be calculated here.  

According to the NIR provisions, the operator, agent or master of the ship which is High Risk Ship profile and each passenger ship, oil tanker, gas carrier, chemical tanker, bulk carrier older than 12 years old eligible for an expanded inspection shall notify to the administration of the seaport or sea terminal of the Republic of Lithuania its arrival at least 72 hours before the expected time of arrival in the port of destination, terminal or anchorage or before the leaving the previous port or anchorage if the voyage is expected to take less than 72 hours. All ships shall notify to the administration of the seaport or sea terminal of the Republic of Lithuania the pre-arrival information at least 24 hours before the expected time of arrival (ETA) in the port of destination or terminal or before the leaving the previous port if the voyage is less than 24 hours.

Administrations of ports and sea terminals have to provide to the SafeSeaNet system actual time of arrival (ATA) and departure (ATD) to the port, sea terminal or anchor place and leaving them.     

Should it be established upon having inspected a ship in a sea port of the Republic of Lithuania that it does not meet the maritime safety requirements and does not comply with the standards of shipboard living and working conditions and the ship is therefore detained in the port, the ship operator must compensate for the expenses of re-inspection according to the procedure established by the Government or the institution authorised by it.

The shipowner or the operator has a right to appeal against a decision of the institution to detain a ship. The following appeal procedures are determined in the Paris MoU region. If the detention of a ship is based on the unjustified decision of the Port State Control Officer, the damage suffered by shipowner is compensated according to national legislation of the Republic of Lithuania.

NIR also provides that some banning measures may be imposed on certain types of ships to enter Paris MoU and EU ports and anchor places. List of ships may be found here.

Last updated: 15-07-2021