Press release
8 May 2020
PARIS MOU GUIDANCE ON COVID-19
UPDATED AND AVAILABLE FOR THE
INDUSTRY
Following the outbreak of COVID-19, the Paris Memorandum of Understanding on
Port State Control (Paris MoU) acknowledged the crisis which the international
shipping industry was facing. In view of the continuing effects of the crisis, the endof which cannot yet be foreseen, the Paris MoU has amended its previously draftedguidelines. To appropriately inform the industry, it has also been decided to makethe guidance publicly available.
Temporary guidance for its Member Authorities was drafted earlier, recognising theneed to apply flexibility under these special circumstances in a harmonized way. It
was at that time agreed that in view of the COVID-19 crisis, extensions of ships’certificates with three months could be accepted.
The COVID-19 pandemic is continuing and ships continue to experience operational
challenges. Services, surveys and audits are difficult to arrange, ship yards and dry
docks have scaled back operations or closed down temporarily. Seafarers haveexperienced difficulties to (re)validate their certificates and due to port restrictions,crew members face complications in joining ships and being repatriated. At the sametime, to keep the global supply chain running, it is essential that trade by sea must
continue to flow.
It is impossible to predict how long the pandemic will last, nor how a return toordinary circumstances will be shaped. In view of this, the Paris MoU has
considered that a limitation of three months in the guidance may be too short toaddress the challenges currently being faced and therefore has amended itsguidance. Having considered the exceptional circumstances, extensions of thevalidity of certificates to an appropriate and proportional grace period specific toCOVID-19 may be accepted. In addition, alignment with ILO’s “Information note onPage 1 of 3

maritime labour issues and coronavirus (COVID-19)” has been sought in relation toMLC matters.
The Paris MoU participated in a video conference with the International Maritime
Organization and with the various PSC regimes, agreements and USCG worldwide,
and it was acknowledged that a harmonized approach in these circumstances isimportant. The Paris MoU considered that a press release alone would possibly not
be sufficient to appropriately inform the industry and other stakeholders of theamendments made to the temporary guidance related to COVID-19, and therefore
decided to make the temporary guidance publicly available.
The Paris MoU, as mentioned in an earlier press release, again wishes to express
its solidarity with the international shipping sector and the seafarers and their families
at this difficult time.

Page 2 of 3

ContactMr. Luc Smulders
Secretary-General
Paris MoU on Port State Control
PO Box 16191
2500 BD The Hague
The Netherlands
Tel: +31 (0)6 1535 9772E-mail: luc.smulders@parismou.org
Web-site: www.parismou.org

Notes to editors:
Regional Port State Control was initiated in 1982 when fourteen European countries agreed to coordinate their port State inspection effort under a voluntary agreement known as the ParisMemorandum of Understanding on Port State Control (Paris MOU). Currently 27 countries aremember of the Paris MOU. The European Commission, although not a signatory to the Paris MOU,
is also a member of the Committee.
The Paris MoU is supported by a central database THETIS hosted and operated by the European
Maritime Safety Agency in Lisbon. Inspection results are available for search and daily updating
by MoU Members. Inspection results can be consulted on the Paris MoU public website and arepublished on the Equasis website.
The Secretariat of the MoU is provided by the Netherlands Ministry of Infrastructure and Water
Management and located in The Hague.

Port State Control is a check on visiting foreign ships to verify their compliance with internationalrules on safety, pollution prevention and seafarers living and working conditions. It is a means ofenforcing compliance in cases where the owner and flag State have failed in their responsibility toimplement or ensure compliance. The port State can require deficiencies to be corrected, anddetain the ship for this purpose, if necessary. It is therefore also a port State’s defence against
visiting substandard shipping.

Page 3 of 3

PSCircular 97
8 MAY 2020

TEMPORARY GUIDANCE RELATED TO COVID-19
FOR PORT STATE CONTROL AUTHORITIES (REV.2)
Introduction
1

MAB has considered and agreed that, noting the global impact of COVID-19, there isneed to apply flexibility under these special circumstances. In Paris MoU member
States, national measures are implemented which are to a large extend affecting theport State control regime. In view of a common approach in the region, notwithstanding any possible national measures, and in view of the continued effects of
the COVID-19 crisis, as a general principle the following guidelines would be applied
on a case by case basis by the relevant port State Authority.

2This guidance focusses on the effect of the COVID-19 crisis on the Paris MoU inrelation to:- preventive measure to halt the spread of COVID-19- non-compliance with the Relevant Instruments due to COVID-193A summary of relevant publications can be found on a dedicated COVID-19 page ofthe Paris MoU website:
https://www.parismou.org/publications/covid-19/pmou-covid-19publications/paris-mou-covid-19-publications/paris-mou-covid-0

Preventive measure to halt the spread of COVID-19
4

PSCOs should be guided by the preventive measures adopted by their Maritime
Administrations, including the use of appropriate personal protective equipment inorder to protect themselves as well as the ship’s crew. MAB has noted that Paris MoU
member States have implemented measures to limit the number and/or extent of PSC
inspections. As shortages in personnel and staffing may become more common, port
States which encounter such difficulties could consider to carry out primarily
overriding priority inspections.

5Whether an inspection takes place remains the decision of the port State. A vessel canbe considered self-isolating only if there are no ship-shore interfaces.

Ship Certification Issues due to COVID-19
61In relation to the COVID-19 situation, it may occur that a ship cannot fulfill therequirements from the Relevant Instruments or the follow-up on inspection results aswould normally be required. As a basic principle the primary responsibility regarding
compliance with the Conventions remains with the owner and flag State. However inthose case where the owner and flag State have demonstrated to take that

responsibility, but due to the current situation cannot carry out those duties that
normally would be required, the Paris MoU should adopt a pragmatic approach andalso be flexible as this is a rapidly developing situation.
7

Interval of surveys and audits required by Conventions
In the event that a ship has not complied with the requirements of the surveys,inspections and audits contained in relevant convention requirements (SOLAS Chapter
I Regulation 10 etc.), the ship must provide evidence to the port State that the flag
State has agreed to an exceptional delay specific to COVID-19. There should also beevidence that the ship has a plan that covers how the ship will be brought back into
the regular survey or audit cycle.

8Duration of statutory certificates
Giving consideration that an exceptional extension of validity of certificates specific toCOVID-19 would be inevitable for certain ships, the flag State or RO, acting on behalfof the flag State, may extend the validity of certificates to an appropriate andproportional grace period specific to COVID-19. In such case the ship must provide theevidence to the port State that the flag State Administration has agreed to anexceptional delay specific to COVID-19 and that the ship has a plan that covers when
the ship will be scheduled to be subject to the renewal survey and audits.

9Installation of Ballast Water Management System
In the event that a ship cannot meet the requirements of Regulation B-3 of the Ballast
Water Management Convention (ballast water management instead of ballast waterexchange) due to delay of dry-docking caused by disruption from COVID-19, the port
State should seek confirmation that the flag State has agreed to an exceptional delay
specific to COVID-19. There should also be evidence that the ship has a plan thatcovers how the ship will comply with the requirements of Regulation B-3 of BWM.

10Where, under par. 7 to 9, the required evidence from the flag State is missing, theship should be treated in the normal manner as per the Paris MoU procedures. This
also applies to any vessel operating beyond any indicated grace period.

11The pragmatic relaxation of requirements, which may include the acceptance of copiesof certificates of which the validity can be verified, should be applied by port States on
ships which have not exceeded the requirements by the appropriate and proportional
grace period specific to COVID-19, unless it is evident that the COVID-19 pandemic isused as an excuse to breach the Convention requirements.

Personnel issues due to COVID-19
12MLC 2006
MAB has considered that there may be a need to apply flexibility under thecircumstances on the issue of extending periods of service on board ships. In doing sothe port State should request the operator of the ship to confirm that the flag State,
the relevant crew members and relevant seafarer organisations (if applicable) havebeen involved in the process.
Further guidance regarding what the port State should look at in case of noncompliance with MLC due to force majeure related to COVID-19, could be found inILOs “Information note on maritime labour issues and coronavirus (COVID-19)”:https://www.parismou.org/system/files/ILO%20Covid.pdf

132STCW Certification
MAB has considered cases where seafarers have faced issues with completingrefresher courses for the renewal of personal certification. This could be caused bycancelled courses, quarantine or travel bans. In such cases the maritime
administration may have extended the validity of such certificates and this should beaccepted as a case of force majeure. For foreign certificates if the flag administration

has granted an extension due to force majeure then this should be accepted assimilarly extending the endorsement of the flag state of the ship on which the seafarer
is serving.
14

Medical CertificatesIn cases where it has been difficult for seafarers to extend their medical certificate theflag administration may allow seafarers to remain on-board. PSCO should accept
documents produced by flag States which acknowledges seafarers extended stay on
board due to force majeure associated with COVID-19.

15

Rectification and follow-up on inspection reports
In relation to the rectification of recorded or outstanding deficiencies, guidance should
be taken from PSCC Instruction 50/2017/11 - Guidance on Detention and Action
Taken (including eg. AT code 48 - as in the agreed flag State condition) and PSCC432010-11 - Flag State exemptions. In case a ship is detained on ISM, but no external
audit can be organised, despite best efforts by the company and flag State (whichmay include temporarily authorization of another RO), the ship may be allowed toproceed to the next port to carry out the external audit. In order to use AT code 48 incombination with ISM deficiency 15150, a ticket with a justification has to be send tothetis@emsa.europa.eu to activate the possibility in THETIS.
Consequently, the guidance regarding the use of AT code 48 should then be applied.

Review of the guidance
16

This PSCircular will be reviewed, as appropriate, to keep aligned with developments of
the COVID-19 virus and future initiatives by relevant stakeholders.
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