ACTION OF PSCO TOWARDS NON PARTY STATE
CERTIFICATES ISSUED BY NON PARTY STATE:-
If a flag state is not party to a convention and has not ratified the convention and has issued a certificate , it does not give freedom to the state to violate the standards of convention. PSCO will make sure that equivalent survey and inspection are conducted and an equivalent level of safety and protection of marine environment are ensured. This is called no more favorable treatment.
INSPECTION OF SHIP BELOW CONVENTION SIZE:-
Most maritime convention have progressive limits of application for each category of size of ship. Those may be related to tonnage, length or other ship parameter. Such limits of application involve not only certificate but also their equipment. As ships of non party and below convention size are not provided with SOLAS, LOAD LINE or MARPOL certificates, as applicable, or the crew member may not hold valid STCW certificates, the PSCO , taking into account the principles established in this document should be satisfied that ship and crew do not present a danger to those on board or an unreasonable threat to marine environment. It is usual for such ships to comply with requirements of flag state, which may not be known to PSCO, who must therefore use his discretion in judging those ships, possibly assisted in this by some form of certification issued by flag state or on its behalf. In case of deficiency considered hazardous to safety, health or the environment, PSCO can take appropriate action.
NO MORE FAVORABLE TREATMENT:-
Article I (3) of the protocol of 1988 to SOLAS 1974, article 5(4) of MARPOL 73/78 and article X(5) of STCW 1978 provide that no more favorable treatment is to be given to ships of countries which are not party to convention. In these cases ships shall be subjected to detailed inspection and the PSCO will follow the same guidelines as those provided for ships to which the relevant instruments are applicable.
If a flag state is not party to a convention and has not ratified the convention and has issued a certificate , it does not give freedom to the state to violate the standards of convention. PSCO will make sure that equivalent survey and inspection are conducted and an equivalent level of safety and protection of marine environment are ensured. This is called no more favorable treatment.
INSPECTION OF SHIP BELOW CONVENTION SIZE:-
Most maritime convention have progressive limits of application for each category of size of ship. Those may be related to tonnage, length or other ship parameter. Such limits of application involve not only certificate but also their equipment. As ships of non party and below convention size are not provided with SOLAS, LOAD LINE or MARPOL certificates, as applicable, or the crew member may not hold valid STCW certificates, the PSCO , taking into account the principles established in this document should be satisfied that ship and crew do not present a danger to those on board or an unreasonable threat to marine environment. It is usual for such ships to comply with requirements of flag state, which may not be known to PSCO, who must therefore use his discretion in judging those ships, possibly assisted in this by some form of certification issued by flag state or on its behalf. In case of deficiency considered hazardous to safety, health or the environment, PSCO can take appropriate action.
NO MORE FAVORABLE TREATMENT:-
Article I (3) of the protocol of 1988 to SOLAS 1974, article 5(4) of MARPOL 73/78 and article X(5) of STCW 1978 provide that no more favorable treatment is to be given to ships of countries which are not party to convention. In these cases ships shall be subjected to detailed inspection and the PSCO will follow the same guidelines as those provided for ships to which the relevant instruments are applicable.
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