Section 19.2 Flag State Inspections

The Flag State has the primary responsibility for ensuring that ships flying its flag comply with international maritime conventions and its own national regulations. Flag State inspections are a means by which the Flag Administration verifies this compliance. Unlike PSC inspections which are conducted by port states on foreign-flagged vessels, Flag State inspections are carried out by or on behalf of the ship’s own Flag Administration.

1. Purpose and Scope:

Verification of Compliance: To ensure the ship, its equipment, and its crew meet the standards set by international conventions (SOLAS, MARPOL, STCW, MLC, Load Lines, etc.) and the specific requirements of the Flag State.

Assessment of SMS Implementation: To verify the effective implementation of the ship’s Safety Management System (SMS) as required by the ISM Code.

Oversight of Recognized Organizations (ROs): Flag States often delegate statutory survey and certification work to ROs (usually Classification Societies). Flag State inspections can serve as an audit of the RO’s performance.

Incident Investigation: Flag State inspectors may conduct inspections as part of an investigation into an accident, incident, or reported deficiency.

Proactive Safety Promotion: Some Flag States use inspections to promote a positive safety culture and provide guidance to ships.

The scope of a Flag State inspection can be comprehensive, covering all aspects of the ship’s safety, security, pollution prevention, and labour conditions, similar to a detailed PSC inspection. It may also focus on specific areas if there’s a particular concern or campaign.

2. Triggers and Frequency: Flag State inspections can be triggered by various factors:

Scheduled Inspections: Some Flag States have a program of regular inspections (e.g., annual, biennial) for ships in their registry.

Risk-Based Targeting: Similar to PSC, Flag States may target ships based on risk factors such as age, type, previous inspection history, or company performance.

Following a PSC Detention or Serious Deficiency: A Flag State inspection is often mandatory after a ship has been detained by PSC or has received a significant number of deficiencies.

Change of Flag or Ownership: Inspections may be required when a ship joins the flag or changes ownership.

Random Inspections: To ensure ongoing compliance.

Response to Complaints or Incidents: If concerns are raised about a ship’s condition or operation.

3. The Inspection Process:

Notification: The ship may or may not receive advance notification of a Flag State inspection.

Inspector: The inspection will be carried out by an authorized Flag State inspector or a surveyor from an RO acting on behalf of the Flag State.

Procedure: The inspection process is generally similar to a PSC inspection:

Opening Meeting: Introduction and explanation of the inspection’s scope.

Documentation Review: Examination of statutory certificates, logbooks, manuals, crew documentation, and SMS records.

Physical Inspection: A thorough walk-through of the vessel, including bridge, engine room, accommodation, deck areas, cargo spaces (if accessible and safe), and safety equipment. Operational tests of equipment will likely be conducted.

Crew Interviews: Inspectors may interview crew members to assess their familiarity with their duties, emergency procedures, and the SMS.

Drills: Emergency drills may be witnessed.

Closing Meeting: The inspector will discuss their findings with the Master, highlighting any deficiencies or observations.

Focus Areas: Flag State inspectors may pay particular attention to:

The effective implementation of the ISM Code and company procedures.

Compliance with specific Flag State national requirements, which may go beyond international conventions.

The condition of items covered by statutory certificates.

Crew competency and welfare (MLC compliance).

4. Outcomes and Follow-up:

No Deficiencies: The inspector will issue a report confirming compliance.

Deficiencies/Non-Conformities:

If deficiencies or non-conformities (under the ISM Code) are found, they will be documented.

The Master will be required to propose and implement corrective actions within a specified timeframe.

Serious deficiencies may lead to the Flag State imposing operational restrictions or even suspending or withdrawing the ship’s certificates until rectified. This is equivalent to a detention in its impact.

Report: The Master will receive a copy of the inspection report.

Corrective Actions: The company and the ship are responsible for implementing corrective actions and providing evidence of closure to the Flag State. Follow-up inspections may be conducted to verify rectification.

5. Relationship with PSC: A good Flag State inspection record can sometimes positively influence a ship’s risk profile for PSC. Conversely, if a Flag State consistently fails to ensure its ships meet standards, that flag may be targeted more frequently by PSC authorities (affecting all ships under that flag).

6. Preparing for Flag State Inspections: Preparation is similar to that for PSC inspections:

Continuous Readiness: Maintain the ship in a constant state of compliance with all applicable regulations and company procedures.

Thorough Knowledge of Flag State Requirements: Ensure access to and familiarity with any specific national regulations or circulars issued by the Flag State.

Effective SMS Implementation: A well-implemented SMS is key to demonstrating ongoing compliance.

Internal Audits: Regular internal audits (as per ISM Code) can help identify and rectify potential issues before an external inspection.

Documentation: Keep all certificates, records, and manuals up-to-date and readily accessible.

Flag State inspections are a direct reflection of the Flag Administration’s commitment to safety and environmental protection. For the Master, they are an opportunity to demonstrate the vessel’s compliance and the crew’s professionalism. A cooperative and transparent approach during the inspection is always recommended.