Port State Control (PSC Sanctions)
As we previously expossed, the detention of the vessel carried on by the Harbour Master’s Office (Inspection Service) is usually provoked by faults of safety rules of the vessel, discovered after an ordinary or extraordinary port state control sanctions survey.
Normally, the detention is enforced with the particular argument of ‘claims for port, canal, and other waterway dues and pilotage dues’ when the ship arrest of a ship is notified by the Court. The Harbour Master and the Law understands that is presumable the shipowners have not posibiliies to pay those sort of present and future costs. Thus, with this fundamentation, the State initiates a maritime liem claim in the port of the ship arrested (a ‘maritime lien’ stated in art. 4.1.º.d. ICMLM/93).
So administrative detention is a consecuence of the judicial (private) ship arrest in Spain.
Of course, GMM Law Firm help you with those proceedings of Port State Control Sanctions that habitually appear after the extraordinary ship inspection carried out and with the Administrative proceeding to avoid the fine (Port Detention of Ship).
Port State Control Sanctions: National and International rules (PSC sanctions & Paris MOU)
There are many International Conventions on safety of the ship and Port State Control Sanctions (PSC Sanctions) to observe. The most relevant is the SOLAS Convention (Safety Of Life at Sea) and its authomatic amendmets.
The Spanish Law has also specific decrees in foreing ship’s inspections:
- Royal Decree 1737/2010, which approves the Regulation of Inspections of Foreign Ships in Spanish Ports. This important Act incorporated the EU Directive 2009/16 /EC on Port State Control of Ships to our national system.
- Royal Decree 1004/2014, wich approves the previos act Spanish Regulation.
Besides, there are other maritime laws that we could relate here, as is the Royal Decree 1837/2000 on Regulation of Spanish Inspection and Certification of Ships (Spanish flag vessels).
In any case, GMM Law Firm assists shipowners diligently in solving any problem arised in any port of Spain.
Ask us now for an estimate!
Send us a draft with the facts. Tell us the claimend ammount, nature of the damage or problem, vessel flag and port base or port of arrival. We will respond you as fast as possible with our option of the arrest and better fees