【PSC典型复议案例】IOPP证书过期失效的争议

一、检查情况

An oil tanker built in 2008 was detained on 25 October 2016 due to the following detainable deficiency:

一艘 2008年建造的油轮，于 2016.10.25被滞留，由于以下缺陷

01117 International Oil Pollution Prevention (IOPP) -IOPP CERT EXP ON 14 OCT 2016.

二、船旗国观点

船旗国支持公司的复议请求，理由如下

1.The IOPP certificate was issued to the ship following satisfactory completion of Intermediate Survey on 6 September 2016;   

2016年 9月 6日，船舶满足中间检验的要求，签发了 IOPP证书；    

2. The RO informed that the IOPP certificate, with indication of the wrong expiry date of 14 October 2016, issued after the survey was done in error; and 

RO签发IOPP证书时将日期错误签发为 2016年 10月 14日。

3.The RO had promptly reissued the certificate on 26 October 2016.

RO 于2016 年10 月26 日，重新签发了证书。

Based on the above, the flag State is of the opinion that the detention was of excessive requirement and unjustified.

基于上述原因，船旗国认为滞留决定过于严重，不合理。  

三、港口国观

1.The IOPP certificate in question was invalid because it had been expired for 10 days at the time of inspection; in accordance with PSC procedures, lack of valid certificates as required by the relevant instruments would be a ground for detention; 

检查当天，本案中 IOPP证书已经过期了 10天，证书是无效的。根据 PSC程序，缺少有效证书，可以作为滞留依据；

2. The problem about the IOPP certificate was not noted by either the master of the ship or the company prior to the inspection /detention;  and

PSC检查前，船长或公司并没有就 IOPP证书的问题向 PSCO进行说明；

3.It would be questionable for the validity of the certificate because there was no explanation received on why a new certificate was issued rather than intermediate survey endorsement in the existing certificate which would valid until October 2018 based on the initial survey completed 10 October 2013. 

根据 2013.10.18初次检验， IOPP证书将在 2018.10过期。为什么该证书却通过一次中间检验，重新签发了新证书，这个证书是否有效让人质疑。

Based on the above, the detention was correct.

基于上述理由，滞留合理 

四、参考资料

五、复议结论

1.The IOPP certificate was expired at the time of inspection ;in accordance with the guidelines for the detention of ships provided in appendix 2 to PSC procedures 2011 ,the lack of valid certificates required by the relevant insrument may warrant the detention of ships.  

检查期间 IOPP过期，根据 A.1052(27)附录 2的要求，缺少有效证书可以滞留船舶。

2.the master ,the company and the RO were not aware of expiry of the IOPP certificate until it was identified by the PSCO 

船长、管理公司、 RO直到 PSCO发现 IOPP证书缺陷时，才发现问题。

3.no explanation was given as to why the IOPP certificate was continuously renewed upon completion of intermediate survey instead of endorsement of intermediate survey( note with the initial survey completed on 10 October 2013 the time for renewal of the IOPP certificate would be October 2018 but new renewed IOPP certificate were issued in 2015 and 2016) 

船方、船旗国不能解释为什么船舶重新签发了证书，而不是在中间检验位置进行签注。

4.it would be doubtable that the master and the chief engineer were aware of subsequent changes to the ships systems and equipment based on the supplement form b and the survey report and made the appropriate and necessary changes to ships procedure and documentation with regard MARPOL Annex I 

根据 FORM B的要求和检验报告，船舶设备、系统是否进行过调整。不能判断船长和轮机长是否根据 marpol附则 I的内容对船舶的程序，证书进行了必要的调整。

5.based on the above it would not be to establish substantial compliance with the requirement of MARPOL Annex I by ship 

5.根据复议小组的无记名，该滞留合理。

六、问题研讨 

What do you think about this detention?

你对该滞留怎么看？