Deficiencies

During an inspection the PSC inspector may identify one or more deficiencies and include these in the PSC inspection report. Each deficiency has a unique code. These codes are published at:

https://www.parismou.org/publications-category/pmou-deficiency-codes

In the report it is also mentioned when the deficiency should be rectified. With all deficiencies, the applicable convention reference should  be included.

With the deficiency there will also be an “action taken” specified. The list below contains the most frequently used “action taken”:

Rectified (code 10)

Used for a deficiency which has been rectified and verified by a PSCO

To be rectified at next port (code 15)

Used for a deficiency which cannot be rectified before departure but which the PSCO requires the rectification at the next port

This action requires that the deficiency is rectified at the next port. It is possible that the repair work or delivery of equipment may take place during the ship’s stay in that port.

To be rectified within 14 days (code 16)

Used for a deficiency which, in the PSCO’s professional judgement, is not serious enough to require urgent rectification or verification by a PSCO before departure.

This action taken sets a maximum limit of 14 days but it is left to the master’s responsibility to rectify the deficiency as soon as necessary and reasonable within that period.

To be rectified before departure (code 17)

Used for a deficiency which:

should be rectified before the ship sails but is not serious enough to warrant detention, or/and can reasonably be rectified before the ship sails.

If the ship is not detained it is left to the master’s responsibility to rectify the deficiency before departure. No verification by a PSCO is required (at that port call).

If a deficiency which is to be rectified before departure is verified by a PSCO as rectified before the ship departs it should be recorded as rectified.

(code 19) Safety management audit by the Administration is required before departure of the ship

Safety management audit by the Administration is required before departure of the ship. Deficiency(s) marked ISM is (are) objective evidence of a serious failure, or lack of effectiveness, of implementation of the ISM Code.

Corrective action taken on the ISM system by the Company is required within 3 months (code 21)

Corrective action taken on the ISM system by the Company is required within 3 months. Deficiency(s) marked ISM is (are) objective evidence of a failure, or lack of effectiveness, of the implementation of the ISM Code. The ship will be eligible for re-inspection after 3 months from the final date of the report.

Competent Security Authority informed (code 26)

Used only for a deficiency of the Security code series where the competent security authority of the PSCO’s State is informed that clear grounds have been found in accordance with the PSCCInstruction Guidelines on Security.

Grounds for detention (tick box)

Used for a deficiency that is serious enough that it should be rectified before departure and reviewed by the PSCO before the ship may continue its voyage.
Used for each detainable deficiency that is determined, in accordance with a PSCCInstruction on Criteria for Responsibility Assessment of Recognized Organizations (R/O) should be related to the Recognized Organization that issued or endorsed the statutory certificates related to the detainable deficiency.

Accidental Damage (tick box)

Used only for a deficiency for which Paris MoU Section 3.5 is applying.

 

Frequently asked questions with regard to “deficiencies”.

To whom can a company appeal  in case deficiencies identified are not justified?

When the company is of the opinion that deficiencies identified are not justified, the company can raise an appeal to the national PSC authority.

Is there a standard code for categorising deficiencies as ISM deficiencies?

ISM related deficiencies are coded with 15150 on PSC inspection forms. Deficiencies related to ISM will be marked with the following reference (ISM).

What kind of deficiencies would be categorized as a "Non ISM deficiency"?

A non-ISM deficiency is any deficiency not directly related to the provisions of the ISM Code. Such deficiencies could be related, but are not limited to technical, operational or environmental requirements; certification and documentation; or working and living conditions on board. The convention reference for such deficiency does not refer to the ISM Code.

Can a company request clarification from the PSC which convention reference applies to the deficiencies?

In case of a detainable deficiency the Port State Control Officer (PSCO) is required to indicate the Convention reference on the inspection report. For all deficiencies the PSCO may indicate the Convention reference on a voluntary basis. The master or company may seek clarification from the PSC authority regarding the legal basis to any deficiency.

Article 3.10 of the MoU text reads:

“The Authorities will ensure that, on the conclusion of an inspection, the master of the ship is provided with a report of inspection, giving the results of the inspection including references to the relevant instruments and details of any action to be taken.