Resolution A.

1070(28) (adopted on 4 December 2013)

IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)
 Resolution A.1070(28) (adopted on 4 December 2013)
IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)

Resolution A.1070(28)
(adopted on 4 December 2013)

IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)

THE ASSEMBLY,

RECALLING Article 15(j) of the Convention on the International Maritime Organization

concerning the functions of the Assembly in relation to regulations and guidelines concerning
maritime safety and the prevention and control of marine pollution from ships,

RECALLING ALSO that, through resolution A.1018(26), it approved the time frame and
schedule of activities for the consideration and introduction of an institutionalized IMO Member
State Audit Scheme,

RECALLING ALSO that, by resolution A.1054(27), it adopted the Code for the Implementation
of Mandatory IMO Instruments, 2011, which provides guidance for the implementation and
enforcement of IMO instruments and forms the basis of the Voluntary IMO Member State Audit
Scheme, in particular concerning the identification of the auditable areas,

BEING AWARE of the request of the seventh session of the United Nations Commission on
Sustainable Development (CSD 7) that measures be developed to ensure that flag States
give full and complete effect to the IMO and other relevant conventions to which they are
party, so that the ships of all flag States meet international rules and standards,

RECOGNIZING that parties to the relevant international conventions have, as part of the
ratification process, accepted to fully meet their responsibilities and to discharge their
obligations under the conventions and other instruments to which they are party,

REAFFIRMING that States have the primary responsibility to have in place an adequate and
effective system to exercise control over ships entitled to fly their flag, and to ensure that they
comply with relevant international rules and regulations in respect of maritime safety, security
and protection of the marine environment,

REAFFIRMING ALSO that States, in their capacity as port and coastal States, have other
obligations and responsibilities under applicable international law in respect of maritime
safety, security and protection of the marine environment,

NOTING that, while States may realize certain benefits by becoming party to instruments
aiming at promoting maritime safety, security and the prevention of pollution from ships,
these benefits can only be fully realized when all parties carry out their obligations as
required by the instruments concerned,

NOTING ALSO that the ultimate effectiveness of any instrument depends, inter alia, upon all
States:

(a) becoming party to all instruments related to maritime safety, security and
pollution prevention and control;

(b) implementing and enforcing such instruments fully and effectively; and

(c) reporting to the Organization, as required,

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BEING DESIROUS to further assist Member Governments to improve their capabilities and
overall performance in order to be able to comply with the IMO instruments to which they are
party,

CONSCIOUS of the difficulties some Member States may face in complying fully with all the
provisions of the various IMO instruments to which they are party,

MINDFUL of the need for any such difficulties to be eliminated to the extent possible; and
recalling that the Organization has established an Integrated Technical Cooperation
Programme for that reason and purpose,

NOTING FURTHER that the Maritime Safety Committee and the Marine Environment
Protection Committee have developed requirements for adoption by Contracting
Governments to the International Convention for the Safety of Life at Sea, 1974, the Protocol
of 1988 relating to the International Convention on Load Lines, 1966, the International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of
1978 relating thereto, the Protocol of 1997 to amend the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto, and the International Convention on Standards of Training, Certification and
Watchkeeping, 1978, respectively, which will make the use of the Code referred to in
operative paragraph 1 mandatory,

RECALLING FURTHER its consideration of requirements for adoption by Contracting

Governments to the International Convention on Load Lines, 1966, the International
Convention on Tonnage Measurement of Ships, 1969 and the Convention on the
International Regulations for Preventing Collisions at Sea, 1972, which will also make the
use of the Code referred to in operative paragraph 1 mandatory,

HAVING CONSIDERED the recommendations made by the Marine Environment Protection

Committee, at its sixty-fourth session, and the Maritime Safety Committee, at its ninety-first
session,

1. ADOPTS the IMO Instruments Implementation Code (III Code), set out in the annex
to the present resolution;

2. REQUESTS the Maritime Safety Committee and the Marine Environment Protection
Committee to keep the Code under review and, in coordination with the Council, to propose
amendments thereto to the Assembly; and

3. REVOKES resolution A.1054(27) on the Code for the Implementation of Mandatory

IMO Instruments, 2011.
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Annex

IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)

Table of Contents

PART 1 – COMMON AREAS

Objective
Strategy
General
Scope
Initial actions
Communication of information
Records
Improvement

PART 2 – FLAG STATES

Implementation
Delegation of authority
Enforcement
Flag State surveyors
Flag State investigations
Evaluation and review

PART 3 – COASTAL STATES

Implementation
Enforcement
Evaluation and review

PART 4 – PORT STATES

Implementation
Enforcement
Evaluation and review
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PART 1 – COMMON AREAS

Objective

1 The objective of this Code is to enhance global maritime safety and protection of the
marine environment and assist States in the implementation of instruments of the
Organization.

2 Different States will view this Code according to their own circumstances and should
be bound only for the implementation of those instruments to which they are Contracting
Governments or Parties. By virtue of geography and circumstance, some States may have a
greater role as a flag State than as a port State or as a coastal State, whilst others may have
a greater role as a coastal State or a port State than as a flag State.

Strategy

3 In order to meet the objective of this Code, a State is recommended to:

.1 develop an overall strategy to ensure that its international obligations and

responsibilities as a flag, port and coastal State are met;

.2 establish a methodology to monitor and assess that the strategy ensures

effective implementation and enforcement of relevant international
mandatory instruments; and

.3 continuously review the strategy to achieve, maintain and improve the overall
organizational performance and capability as a flag, port and coastal State.

General

4 Under the general provisions of treaty law and of IMO conventions, States should be
responsible for promulgating laws and regulations and for taking all other steps which may
be necessary to give those instruments full and complete effect so as to ensure safety of life
at sea and protection of the marine environment.

5 In taking measures to prevent, reduce and control pollution of the marine

environment, States should act so as not to transfer, directly or indirectly, damage or hazards
from one area to another or transform one type of pollution into another.

Scope

6 The Code seeks to address those aspects necessary for a Contracting Government
or Party to give full and complete effect to the provisions of the applicable international
instruments to which it is a Contracting Government or Party, pertaining to:

.1 safety of life at sea;

.2 prevention of pollution from ships;

.3 standards of training, certification and watchkeeping for seafarers;

.4 load lines;
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.5 tonnage measurement of ships; and

.6 regulations for preventing collisions at sea.

7 The following areas should be considered and addressed in the development of

policies, legislation, associated rules and regulations and administrative procedures for the
implementation and enforcement of those obligations and responsibilities by the State:

.1 jurisdiction;

.2 organization and authority;

.3 legislation, rules and regulations;

.4 promulgation of the applicable international mandatory instruments, rules

and regulations;

.5 enforcement arrangements;

.6 control, survey, inspection, audit, verification, approval and certification

functions;

.7 selection, recognition, authorization, empowerment and monitoring of

recognized organizations, as appropriate, and of nominated surveyors;

.8 investigations required to be reported to the Organization; and

.9 reporting to the Organization and other Administrations.

Initial actions

8 When a new or amended instrument of the Organization enters into force for a
State, the Government of that State should be in a position to implement and enforce its
provisions through appropriate national legislation and to provide the necessary
implementation and enforcement infrastructure. This means that the Government of the
State should have:

.1 the ability to promulgate laws, which permit effective jurisdiction and control
in administrative, technical and social matters over ships flying its flag and,
in particular, provide the legal basis for general requirements for registries,
the inspection of ships, safety and pollution prevention laws applying to
such ships and the making of associated regulations;

.2 a legal basis for the enforcement of its national laws and regulations
including the associated investigative and penal processes; and

.3 the availability of sufficient personnel with maritime expertise to assist in the

promulgation of the necessary national laws and to discharge all the
responsibilities of the State, including reporting as required by the
respective conventions.

Communication of information

9 The State should communicate its strategy, as referred to in paragraph 3, including

information on its national legislation to all concerned.
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Records

10 Records, as appropriate, should be established and maintained to provide evidence

of conformity to requirements and of the effective operation of the State. Records should
remain legible, readily identifiable and retrievable. A documented procedure should be
established to define the controls needed for the identification, storage, protection, retrieval,
retention time and disposition of records.

Improvement

11 States should continually improve the adequacy of the measures which are taken to
give effect to those conventions and protocols which they have accepted. Improvement
should be made through rigorous and effective application and enforcement of national
legislation, as appropriate, and monitoring of compliance.

12 The State should stimulate a culture which provides opportunities for improvement
of performance in maritime safety and environmental protection activities, which may include,
inter alia:

.1 continual training programmes relating to safety and pollution prevention;

.2 regional and national drills on safety and pollution prevention, which

engage a broad spectrum of maritime-related national, regional and
international organizations, companies and seafarers; and

.3 using reward and incentive mechanisms for shipping companies and

seafarers regarding improving safety and pollution prevention.

13 Further, the State should take action to identify and eliminate the cause of any
non-conformities in order to prevent recurrence, including:

.1 review and analysis of non-conformities;

.2 implementation of necessary corrective action; and

.3 review of the corrective action taken.

14 The State should determine action needed to eliminate the causes of potential
non-conformities in order to prevent their occurrence.

PART 2 – FLAG STATES

Implementation

15 In order to effectively discharge their responsibilities and obligations, flag States should:

.1 implement policies through issuing national legislation and guidance, which

will assist in the implementation and enforcement of the requirements of all
safety and pollution prevention conventions and protocols to which they are
parties; and

.2 assign responsibilities within their Administrations to update and revise any

relevant policies adopted, as necessary.
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16 A flag State should establish resources and processes capable of administering a

safety and environmental protection programme, which, as a minimum, should consist of the
following:

.1 administrative instructions to implement applicable international rules and

regulations as well as developing and disseminating any interpretative
national regulations that may be needed including certificates issued by a
classification society, which is recognized by the flag State in accordance
with the provisions of SOLAS regulation XI-1/1, and which certificate is
required by the flag State to demonstrate compliance with structural,
mechanical, electrical, and/or other requirements of an international
convention to which the flag State is a party or compliance with a
requirement of the flag State's national regulations;

.2 compliance with the requirements of the applicable international

instruments, using an audit and inspection programme, independent of any
administrative bodies issuing the required certificates and relevant
documentation and/or of any entity which has been delegated authority by
the State to issue the required certificates and relevant documentation;

.3 compliance with the requirements related to international standards of

training, certification and watchkeeping of seafarers. This includes, inter alia:

.1 training, assessment of competence and certification of seafarers;

.2 certificates and endorsements that accurately reflect the

competencies of the seafarers, using the appropriate terminology
as well as terms that are identical to those used in any safe
manning document issued to the ship;

.3 impartial investigation to be held of any reported failure, whether

by act or omission that may pose a direct threat to safety of life or
property at sea or to the marine environment, by the holders of
certificates or endorsements issued by the State;

.4 arrangements for the withdrawal, suspension or cancellation of

certificates or endorsements issued by the State when warranted
and when necessary to prevent fraud; and

.5 administrative arrangements, including those involving training,

assessment and certification activities conducted under the
purview of another State, which are such that the flag State
accepts its responsibility for ensuring the competence of masters,
officers and other seafarers serving on ships entitled to fly its flag;

.4 the conduct of investigations into casualties and adequate and timely

handling of cases involving ships with identified deficiencies; and

.5 the development, documentation and provision of guidance concerning

those requirements found in the relevant international instruments that are
to the satisfaction of the Administration.

17 A flag State should ensure that ships entitled to fly its flag are sufficiently and
efficiently manned, taking into account relevant and existing measures such as the Principles
of Safe Manning adopted by the Organization.
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Delegation of authority

18 With regard only to ships entitled to fly its flag a flag State authorizing a recognized
organization to act on its behalf, in conducting the surveys, inspections and audits, issuing of
certificates and documents, marking of ships and other statutory work required under the
conventions of the Organization or under its national legislation, should regulate such
authorization(s) in accordance with the applicable requirements of the international mandatory
instruments to:

.1 determine that the recognized organization has adequate resources in

terms of technical, managerial and research capabilities to accomplish the
tasks being assigned, in accordance with the required standards for
recognized organizations acting on behalf of the Administration set out in
the relevant instruments of the Organization;

.2 have as its basis a formal written agreement between the Administration

and the recognized organization which, as a minimum, includes the
elements set out in the relevant instruments of the Organization,
or equivalent legal arrangements, and which may be based on the model
agreement for the authorization of recognized organizations acting on
behalf of the Administration;

.3 issue specific instructions detailing actions to be followed in the event that a

ship is found unfit to proceed to sea without danger to the ship or persons
on board, or is found to present an unreasonable threat of harm to the
marine environment;

.4 provide the recognized organization with all appropriate instruments of

national law and interpretations thereof giving effect to the provisions of the
conventions and specify, only for application to ships entitled to fly its flag,
whether any additional standards of the Administration go beyond
convention requirements in any respect; and

.5 require that the recognized organization maintain records, which will provide
the Administration with data to assist in interpretation of requirements
contained in the applicable international instruments.

19 No flag State should mandate its recognized organizations to apply to ships, other
than those entitled to fly its flag, any requirement pertaining to their classification rules,
requirements, procedures or performance of other statutory certification processes, beyond
convention requirements and the mandatory instruments of the Organization.

20 The flag State should establish or participate in an oversight programme with

adequate resources for monitoring of, and communication with, its recognized
organization(s) in order to ensure that its international obligations are fully met, by:

.1 exercising its authority to conduct supplementary surveys to ensure that

ships entitled to fly its flag effectively comply with the requirements of the
applicable international instruments;

.2 conducting supplementary surveys as it deems necessary to ensure that

ships entitled to fly its flag comply with national requirements, which
supplement the international mandatory requirements; and
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.3 providing staff who have a good knowledge of the rules and regulations of
the flag State and those of the recognized organizations and who are
available to carry out effective oversight of the recognized organizations.

21 A flag State nominating surveyor(s) for the purpose of carrying out surveys, audits
and inspections on its behalf should regulate such nominations, as appropriate, in
accordance with the guidance provided in paragraph 18, in particular subparagraphs .3 and .4.

Enforcement

22 A flag State should take all necessary measures to secure observance of

international rules and standards by ships entitled to fly its flag and by entities and persons
under its jurisdiction so as to ensure compliance with its international obligations. Such
measures should include, inter alia:

.1 prohibiting ships entitled to fly its flag from sailing until such ships can
proceed to sea in compliance with the requirements of international rules
and standards;

.2 the periodic inspection of ships entitled to fly its flag to verify that the actual
condition of the ship and its crew is in conformity with the certificates it
carries;

.3 the surveyor to ensure, during the periodic inspection referred to in

subparagraph .2, that seafarers assigned to the ships are familiar with:

.1 their specific duties; and

.2 ship arrangements, installations, equipment and procedures;

.4 ensuring that the ship's complement, as a whole, can effectively coordinate

activities in an emergency situation and in the performance of functions
vital to safety or to the prevention or mitigation of pollution;

.5 providing, in national laws and regulations, for penalties of adequate

severity to discourage violation of international rules and standards by
ships entitled to fly its flag;

.6 instituting proceedings, after an investigation has been conducted, against

ships entitled to fly its flag, which have violated international rules and
standards, irrespective of where the violation has occurred;

.7 providing, in national laws and regulations, for penalties of adequate

severity to discourage violations of international rules and standards by
individuals issued with certificates or endorsements under its authority; and

.8 instituting proceedings, after an investigation has been conducted, against

individuals holding certificates or endorsements who have violated
international rules and standards, irrespective of where the violation has
occurred.
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23 A flag State should develop and implement a control and monitoring programme,
as appropriate, in order to:

.1 provide for prompt and thorough casualty investigations, with reporting to

the Organization as appropriate;

.2 provide for the collection of statistical data, so that trend analyses can be
conducted to identify problem areas; and

.3 provide for a timely response to deficiencies and alleged pollution incidents

reported by port or coastal States.

24 Furthermore, the flag State should:

.1 ensure compliance with the applicable international instruments through

national legislation;

.2 provide an appropriate number of qualified personnel to implement and

enforce the national legislation referred to in subparagraph 15.1, including
personnel for performing investigations and surveys;

.3 provide a sufficient number of qualified flag State personnel to investigate

incidents where ships entitled to fly its flag have been detained by port
States;

.4 provide a sufficient number of qualified flag State personnel to investigate

incidents where the validity of a certificate or endorsement or of the
competence of individuals holding certificates or endorsements issued under
its authority are questioned by port States; and

.5 ensure the training and oversight of the activities of flag State surveyors
and investigators.

25 When a flag State is informed that a ship entitled to fly its flag has been detained by
a port State, the flag State should oversee that appropriate corrective measures are taken to
bring the ship in question into immediate compliance with the applicable international
instruments.

26 A flag State, or a recognized organization acting on its behalf, should only issue or
endorse an international certificate to a ship after it has determined that the ship meets all
applicable requirements.

27 A flag State should only issue an international certificate of competency or

endorsement to a person after it has determined that the person meets all applicable
requirements.

Flag State surveyors

28 The flag State should define and document the responsibilities, authority and
interrelation of all personnel who manage, perform and verify work relating to and affecting
safety and pollution prevention.

29 Personnel responsible for, or performing surveys, inspections and audits on ships

and companies covered by the relevant international mandatory instruments should have as
a minimum the following:
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.1 appropriate qualifications from a marine or nautical institution and relevant

seagoing experience as a certificated ship’s officer holding or having held a
valid management level certificate of competency and having maintained
their technical knowledge of ships and their operation since gaining their
certificate of competency; or

.2 a degree or equivalent from a tertiary institution within a relevant field of

engineering or science recognized by the flag State; or

.3 accreditation as a surveyor through a formalized training programme that

leads to the same standard of surveyor's experience and competency as
that required in paragraphs 29.1, 29.2 and 32.

30 Personnel qualified under paragraph 29.1 should have served for a period of not
less than three years at sea as an officer in the deck or engine department.

31 Personnel qualified under paragraph 29.2 should have worked in a relevant capacity
for at least three years.

32 In addition, such personnel should have appropriate practical and theoretical

knowledge of ships, their operation and the provisions of the relevant national and
international instruments necessary to perform their duties as flag State surveyors obtained
through documented training programmes.

33 Other personnel assisting in the performance of such work should have education,
training and supervision commensurate with the tasks they are authorized to perform.

34 Previous relevant experience in the field of expertise is recommended to be

considered an advantage; in case of no previous experience, the Administration should
provide appropriate field training.

35 The flag State should implement a documented system for qualification of personnel
and continuous updating of their knowledge as appropriate to the tasks they are authorized
to undertake.

36 Depending on the function(s) to be performed, the qualifications should encompass:

.1 knowledge of applicable, international and national, rules and regulations

for ships, their companies, their crew, their cargo and their operation;

.2 knowledge of the procedures to be applied in survey, certification, control,

investigative and oversight functions;

.3 understanding of the goals and objectives of the international and national

instruments dealing with maritime safety and protection of the marine
environment, and of related programmes;

.4 understanding of the processes both on board and ashore, internal as well

as external;

.5 possession of professional competency necessary to perform the given

tasks effectively and efficiently;

.6 full safety awareness in all circumstances, also for one's own safety; and
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.7 training or experience in the various tasks to be performed and preferably

also in the functions to be assessed.

37 The flag State should issue an identification document for the surveyor to carry
when performing his/her tasks.

Flag State investigations

38 Marine safety investigations should be conducted by impartial and objective

investigators, who are suitably qualified and knowledgeable in matters relating to the
casualty. Subject to any agreement on which State or States will be the marine safety
investigating State(s), the flag State should provide qualified investigators for this purpose,
irrespective of the location of the casualty or incident.

39 The flag State is recommended to ensure that individual investigators have working
knowledge and practical experience in those subject areas pertaining to their normal duties.
Additionally, in order to assist individual investigators in performing duties outside their
normal assignments, the flag State is recommended to ensure ready access to expertise in
the following areas, as necessary:

.1 navigation and the Collision Regulations;

.2 flag State regulations on certificates of competency;

.3 causes of marine pollution;

.4 interviewing techniques;

.5 evidence gathering; and

.6 evaluation of the effects of the human element.

40 It is recommended that any accident involving personal injury necessitating absence

from duty of three days or more and any deaths resulting from occupational accidents and
casualties to ships of the flag State should be investigated, and the results of such
investigations made public.

41 Ship casualties should be investigated and reported in accordance with the relevant
international instruments, taking into account the Casualty Investigation Code, as may be
amended, and guidelines developed by the Organization. The report on the investigation
should be forwarded to the Organization together with the flag State's observations, in
accordance with the guidelines referred to above.

Evaluation and review

42 A flag State should, on a periodic basis, evaluate its performance with respect to the
implementation of administrative processes, procedures and resources necessary to meet its
obligations as required by the international instruments to which it is a party.

43 Measures to evaluate the performance of flag States should include, inter alia, port
State control detention rates, flag State inspection results, casualty statistics, communication
and information processes, annual loss statistics (excluding constructive total losses (CTLs))
and other performance indicators as may be appropriate, in order to determine whether
staffing, resources and administrative procedures are adequate to meet its flag State
obligations.
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44 Areas recommended for regular review may include, inter alia:

.1 fleet loss and accident ratios to identify trends over selected time periods;

.2 the number of verified cases of detained ships in relation to the size of the
fleet;

.3 the number of verified cases of incompetence or wrongdoing by individuals

holding certificates or endorsements issued under the flag State’s authority;

.4 responses to port State deficiency reports or interventions;

.5 investigations into very serious and serious casualties and lessons learned
from them;

.6 technical and other resources committed;

.7 results of inspections, surveys and controls of the ships in the fleet;

.8 investigation of occupational accidents;

.9 the number of incidents and violations that occur under the applicable
international maritime pollution prevention regulations; and

.10 the number of suspensions or withdrawals of certificates, endorsements,

approvals, or similar.

PART 3 – COASTAL STATES

Implementation

45 Coastal States have certain rights and obligations under various international
instruments. When exercising their rights under those instruments coastal States incur
additional obligations.

46 In order to effectively meet its obligations, a coastal State should:

.1 implement policies through issuing national legislation and guidance, which

will assist in the implementation and enforcement of the requirements of all
safety and pollution prevention conventions and protocols to which it is a
party; and

.2 assign responsibilities to update and revise any relevant policies adopted,

as necessary.

47 A coastal State should ensure that its legislation, guidance and procedures are
established for the consistent implementation and verification of its rights, obligations and
responsibilities contained in the relevant international instruments to which it is a party.

48 Those rights, obligations and responsibilities may include, inter alia:

.1 radiocommunication services;

.2 meteorological services and warnings;

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.3 search and rescue services;

.4 hydrographic services;

.5 ships' routeing;

.6 ship reporting systems;

.7 vessel traffic services; and

.8 aids to navigation.

Enforcement

49 Coastal States should take all necessary measures to ensure their observance of
international rules when exercising their rights and fulfilling their obligations.

50 A coastal State should consider, develop and implement a control and monitoring
programme, as appropriate, in order to:

.1 provide for the allocation of statistical data so that trend analyses can be
conducted to identify problem areas;

.2 establish mechanisms for timely response to pollution incidents in its

waters; and

.3 cooperate with flag States and/or port States, as appropriate, in

investigations of maritime casualties.

Evaluation and review

51 A coastal State should periodically evaluate its performance in respect of exercising

its rights and meeting its obligations under the applicable international instruments.

PART 4 – PORT STATES

Implementation

52 Port States have certain rights and obligations under various international
instruments. When exercising their rights under those instruments, port States incur additional
obligations.

53 Port States can play an integral role in the achievement of maritime safety and
environmental protection, including pollution prevention. The role and responsibilities of the
port State with respect to maritime safety and environmental protection is derived from a
combination of international treaties, conventions and national laws as well as, in some
instances, from bilateral and multilateral agreements.

54 In order to effectively meet its obligations, a port State should:

.1 implement policies through issuing national legislation and guidance, which

will assist in the implementation and enforcement of the requirements of all
safety and pollution prevention conventions and protocols to which it is a
party; and
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.2 assign responsibilities to update and revise any relevant policies adopted,

as necessary.

55 A port State should ensure that its legislation, guidance and procedures are
established for the consistent implementation and verification of its rights, obligations and
responsibilities contained in the relevant international instruments to which it is a party.

56 Those rights, obligations and responsibilities may include, inter alia:

.1 provision of appropriate reception facilities or capability to accept all waste

streams regulated under the instruments of the Organization;

.2 port State control; and

.3 keeping a register of fuel oil suppliers.

Enforcement

57 Port States should take all necessary measures to ensure their observance of
international rules when exercising their rights and fulfilling their obligations.

58 Several international maritime instruments on safety and maritime pollution

prevention contain specific provisions that permit port State control.

59 Also, a number of those instruments obligate port States to treat non-parties to those
conventions no more favourably than those that are parties. This means that port States
should impose the conditions of those instruments on parties, as well as on non-parties.

60 When exercising its right to carry out port State control, a port State should establish
processes to administer a port State control programme consistent with the relevant
resolution adopted by the Organization7.

61 Port State control should be carried out only by authorized and qualified port State
control officers in accordance with the relevant procedures adopted by the Organization.

62 Port State control officers and persons assisting them should be free from any
commercial, financial, and other pressures and have no commercial interest, either in the
port of inspection or in the ships inspected, in ship repair facilities or in any support services
in the port or elsewhere, nor should the port State control officers be employed by or
undertake work on behalf of recognized organizations or classification societies. Further
procedures should be implemented to ensure that persons or organizations external to the
port State cannot influence the results of port State inspection and control carried out.

Evaluation and review

63 A port State should periodically evaluate its performance in respect of exercising its
rights and meeting its obligations under the applicable instruments of the Organization.
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