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II.3.100 (MOU, 1982) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL 1982, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.3.100

MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL, 1982, AS AMENDED

Note: The present text incorporates the original text as modified by the following amendments:

  Date of entry
  into force
—1st amendment:new annex 310.11.1983
—2nd amendment:new para 2 and 2.1 of annex 114.05.1984
—3rd amendment:new para 5.4.3 of annex 114.11.1984
—4th amendment:editorial corrections to annex 112.04.1986
 and to the Memorandum22.06.1986
—5th amendment:new annex 2 and annex 410.04.1988
—6th amendment:update para 4 of annex 111.05.1989
—7th amendment:update of annex 1 (para 1, 2, 3 and new 4)08.12.1991
—8th amendment:accession of Poland01.01.1992
 update of sect. 2 and 3 of MOU05.02.1992
—9th amendment:editorial correction of para 2 and update 
 of para 3.2.3 of annex 108.05.1992
—10th amendment:update of sect. 3.1, 3.2 and 3.4 of the
 Memorandum24.07.1992
—11th amendment:new annex 301.01.1993
—12th amendment:update of sect. 3.1 of MOU, in conjunction 
 with para 1.1 of annex 114.05.1993
 update sect. 3.2 and 3.3 of MOU23.07.1993
 update annex 301.01.1993
 update appendix to annex 414.05.1993
—13th amendment:accession of Canada 
 amendment of name of MOU 
 update of para. 1.1 of annex 103.05.1994
—14th amendment:update of sect. 8.2 of MOU,
 in conjunction with new
 annex 5; new para 2.1 and
 sect. 6 of annex 101.01.1995
—15th amendment:new appendix to annex 229.01.1995
—16th amendment:accession of Russian Federation01.01.1996
—17th amendment:implementation of EC Directive on Port State Control;
 new annex 601.07.1996
—18th amendment:accession of Croatia01.01.1997
—19th amendment: 16.08.1997
—20th amendment:new provision in paras. 3.7.2 and 3.7.314.01.1998
—21st amendment:new para 3.7.4, update of para 3.91 and
 amendment of para 3.8 of section 3.
 Annex 1: update of section 1; update of paras 2.8, 2.34
 and addition of paras 2.37–43 of section 2;
 addition of para. 3.2.3.4 of section 3; update of
 para 4.1 of section 4; addition to paras 5.25,
 5.2.14, 5.5.5.5, 5.5.10; new para 5.5.11 bis;
 addition to para 5.5.12; new paras 5.5.20.8–5.5.20.11;
 addition to para 5.5.30; new para 5.5.34 bis;
 new para 5.5.39 bis; addition to para 5.5.40;
 amendment to paras 5.5.42, 5.5.46, 5.5.53.3, 5.5.66.1 and
 new para 5.5.69.3 of section 5; new para 6.3.2 of section 6;
 amendment to para 9.3.4.2.11 and new para 9.3.4.8.5 of
 section 9.01.07.1999
 Annex 3: amendment to Forms A and B.
 Annex 4: amendment of para 6 and deletion of appendix.
—22nd amendment:new para 5.5.38.1 and 5.5.38.2 of section 5
 of annex 1; amendment of Form A of annex 314.12.1999
—23rd amendment:accession of Iceland01.07.2000
—24th amendment:pilot and authorities reporting, accidental damage10.01.2002
—25th amendment:new conventions added, mandatory exp. inspections added, refusal of access introduced22.07.2003
—26th amendment:security provisions01.07.2004
—27th amendment:adherence of Estonia and Latvia01.07.2005
—28th amendment:adherence of Cyprus, Lithuania and Malta01/07.2006
—29th amendment:adherence of Bulgaria and Romania10/05/2007
ADOPTED: Done at Paris, on 26 January 1982
REFERENCE: MOU 1982
ENTERED INTO FORCE: 6 August 1982
DEPOSITARY: Secretariat, MOU
SECRETARY: Directorate-General for Freight Transport, The Netherlands

IMPLEMENTATION

SIGNATURE AND ACCESSION

Section VIII.II

A Maritime Authority of another State may, with the consent of the Authorities participating in the Memorandum, adhere to the Memorandum. For such an Authority the Memorandum will take effect upon such date as may be mutually agreed.

ENTRY INTO FORCE

Section VIII.III

When the Memorandum takes effect, it will supersede the “Memorandum of Understanding between Certain Maritime Authorities on the Maintenance of Standards on Merchant Ships”, signed at The Hague on 2 March 1978.

Section VIII.IV

The Memorandum will take effect on 1 July 1982.

AMENDMENTS

Section VII

Section VII.I

Any Authority may propose amendments to the Memorandum.

Section VII.II

In the case of proposed amendments to sections of the Memorandum the following procedure will apply:

  • (a) the proposed amendment will be submitted through the secretariat for consideration by the Committee;
  • (b) amendments will be adopted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee. If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance;
  • (c) an amendment will be deemed to have been accepted either at the end of a period of six months after adoption by the representatives of the Authorities in the Committee or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by an Authority;
  • (d) an amendment will take effect sixty days after it has been accepted or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee.

Section VII.III

In the case of proposed amendments to Annexes of the Memorandum the following procedure will apply:

  • (a) the proposed amendment will be submitted through the Secretariat for consideration by the Authorities;
  • (b) the amendment will be deemed to have been accepted at the end of a period of three months from the date on which it has been communicated by the Secretariat unless an Authority requests in writing that the amendment should be considered by the Committee. In the latter case the procedure specified in VII.II will apply;
  • (c) the amendment will take effect sixty days after it has been accepted or at the end of any different period determined unanimously by the Authorities.

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