Appeal Procedures When deficiencies are found which render the ship unfit to proceed or that poses an unreasonable risk to the environment, the ship will be detained. The PSCO will issue a notice of detention to the master. The PSCO will inform the master that the ship’s owner/operator has the right of appeal. Appeal notice details can be found on the reverse side of the notice of the detention form and are various in the Paris member States.
Detention Review Procedures In case an owner or operator declines to use the official appeal procedure but still wishes to complain about a detention decision, such a complaint should be sent to the flag State or the classification society (if authorised to act for the flag State). The flag State or classification society may then ask the port State to reconsider its decision to detain the ship. If the flag State or the classification society disagrees with the outcome of the investigation as mentioned above, a request for review may be sent to the Paris MOU Secretariat.
Deadline for submission of requests for review Under par. 1 of the Paris MoU review panel procedures, it is stated that a request for review may be sent to the secretariat within 120 days from the date of release of the vessel from detention. (see text of procedure). Due to production of the annual report and consequently the finalization of the yearly statistics, the Paris MoU informs flag States and Recognized Organizations that only cases submitted before 15 February 2010 will be taken into account for the 2009 statistics and BGW and RO performance lists. After this date any successful review cases will be considered within the 2010 annual report only. |