12 February 1993
PORT STATE CONCURRENCE WITH SOLAS EXEMPTIONS
1 Existing provisions of the 1974/78 Safety of Life
at Sea Convention (SOLAS 74/78) allow
а flag State to exempt
а vessel from certain
requirements even if that vessel is primarily intended for operation from ports of а State other
than the flag State. Some of these provisions permit reduction of safety
standards and equipment on vessels engaged in "short international voyages" and on vessels
for which consideration is given to the "sheltered nature and conditions of the voyage".
2 The Maritime
Safety Committee notes that
these provisions for exemptions
do not provide for the port State to participate in decisions
which affect the safety
of its citizens and ports. Port
States have the greatest understanding of the conditions of operation in and around their ports,
therefore they should be
involved in any determinations
made regarding the suitability of
exemptions which are based
on proximity
to land considerations involving
their ports. Exemptions are
normally disclosed when the
port State performs а control examination. Discussions between
the flag Administration and affected port
States, prior to the issuance of exemption certificates, would prevent
problems which arise when а port State disputes the suitability of an exemption.
3 In view of the above, the Maritime
Safety Committee recommends that for vessels intended
for operation primarily from ports of а State other than the flag Administration, exemptions based on "short international voyages" or the "sheltered nature and conditions of
the voyage" be communicated to the Government of that State. Prior to
operation of the vessel
from that port State, the
involved Administrations should work together to resolve any disagreements concerning the suitability of such exemptions.