FLAG STATE EXEMPTIONS AND CONDITIONS

Table of Content

1. INTRODUCTION

There are three main circumstances where a PSCO might find that a ship is exempted from a convention requirement:

  1.   an exemption issued under a provision in a convention.
  2.   a temporary document with a condition issued by the flag State to a ship with a deficiency.
  3.   a temporary document with a condition issued by the flag State as a solution to a deficiency found by the PSCO.

2. Exemptions under 1.a

  1. There are general provisions in SOLAS Ch I which allow a flag State to exempt a ship which exceptionally makes a single international voyage provided that it complies with safety requirements which are adequate in the opinion of the Administration for the voyage which is to be undertaken by the ship, or is of a novel design from any of the requirements of the convention. SOLAS Chapters II-1, II-2 and III also allow a flag State to grant certain exemptions to a ship which does not proceed more than 20 miles from the nearest land.
  2. SOLAS Ch I also has an “equivalence” clause whereby a flag administration may allow the use of another fitting, material, appliance or apparatus or any other provision if it is satisfied by trial or otherwise it is at least as effective as a convention requirement.
  3. Other IMO conventions have similar exemption and equivalence provisions. In the case of exemption for novel design or equivalence the flag administration is required to inform IMO of the details which IMO then circulates to other flag administrations for their information. ILO has no general exemption provision but some of its conventions have the possibility to exempt or “relax” the requirements.
  4. There are other provisions for exemptions from specific items. A non-exhaustive list of the main exemption/equivalence provisions in the current conventions follows.

    Exemptions

    SOLAS 74 Convention / Ch I / Reg. 4
    single international voyage and novel design

    SOLAS 74/Ch III, Reg 35(a)(i)
    near-neighbouring countries

    SOLAS 06 Amend / Ch II-1 / Reg. 1
    SOLAS 99/00 Amend / Ch II-2 / Reg. 1.4
    SOLAS 83 Amend / Ch III / Reg. 2
    voyages in sheltered waters and passenger ship on special trade

    Note: MSC Circ 606 “Port State Concurrence with SOLAS Exemptions” recommends that if a flag Administration exempts a ship based on "short international” (defined in SOLAS ChIII/3) or “sheltered” voyages it should communicate in advance with the administration of the other States to which the ship may sail.

    SOLAS 01-03 Amend / Ch IV / Reg. 3
    certain radio provisions

    SOLAS 99/00 Amend / Ch V / Reg. 3
    navigational requirements for ships on restricted voyages

    MARPOL 04 Amend / Annex I / Reg. 3
    craft of certain construction and other waivers

    MARPOL 04 Amend / Annex II / Reg. 4
    amendments to carriage requirements due to the upgrading of the categorization of a substance

    ILL 1988 Protocol Annex A Art.6
    single international voyage. voyages in sheltered waters. novel design

    COLREG/rule 1 (e)
    vessels of special construction

    COLREG/rule 38
    lights and sound signal appliances

    Equivalents

    SOLAS 74 Convention /Ch I / Reg. 5
    MARPOL 06 04 Amend / Annex I / Reg. 5
    MARPOL 06 04 Amend/Annex I/ Reg 14.5
    MARPOL 06 04 Amend / Annex II / Reg. 5
    MARPOL 06 92/97 Amend / Annex VI / Reg. 4
    ILL 1988 Protocol Annex A Art.8
    STCW IX
    IBC 04 amend/1/1.4
    IGC 83/90 amend/1/1.4
    HSC 2000/1/1.11
    use of another fitting, material, appliance or apparatus or any other provision

  5. PSCOs should accept exemptions issued in accordance with these provisions provided it includes the correct reference to the exemption provision and the requirement to which it relates. If PSCOs have doubts about the validity of such an exemption they should refer the matter to their administration to take it up with the flag State if necessary. However, a port State control officer has to accept an exemption and let it be a case to be dealt with between the flag State and the port State.

3. FLAG STATE CONDITIONS UNDER 1.b & 1.c

Ships must meet the requirements of the conventions, and the flag State has overall responsibility to ensure this. The flag (or RO if delegated) may issue an exemption if this is provided for by the convention as in Para 2 above, a Flag State Exemption.

However a ship not meeting the requirements of the conventions for any other reason is deficient and may be detained.

If a ship is detained, the principle is that all deficiencies are rectified. There may be cases when it is not practicable to rectify a deficiency(s) according to the owner/master/flag/RO. It is up to the port State to agree an alternative arrangement with some form of equivalence (eg replacement of lifeboat by liferaft or emergency fire pump by portable fire pump) based on the duration, sailing area and nature of the voyage.

When the flag/RO and port State come to an acceptable agreement, this can be formalized in a document issued by the flag or the delegated RO on behalf of the flag, including when the situation has to be rectified.

  1. PSCOs might find that a flag State or a delegated RO on behalf of the flag has issued a condition to a ship which has a deficiency in a particular convention requirement. Flag States sometimes issue them when they consider it unreasonable to require immediate rectification of the deficiency. PSCOs should consider accepting such a document as long as it includes a reference to the convention requirement to which the deficiency applies, is time limited and does not compromise safety or pollution prevention over the intended voyage. PSCOs should take account of any alternative arrangements that have been specified by the flag administration and put in place by the ship.
    2.  
  2. A condition which is issued by the flag State as a solution to a detainable deficiency found during the PSC inspection should not be accepted as a basis for releasing the ship unless PSCOs are satisfied that alternative arrangements for an equivalent level of safety have been specified by the flag administration and put in place by the ship.
    3.  
  3. If in their professional judgement it is clear that the condition has been issued by the flag State without proper regard for safety or pollution prevention over the intended voyage. PSCOs should inform the master that the document is not acceptable. PSCOs should then refer the matter to their administration so that the flag State can be consulted and asked under which convention provision it has been issued and how an equivalent level of safety will be maintained.
    4.  
  4. If a flag State condition is issued during a PSC inspection it might not be accepted in the next Paris MoU port.
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