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Paris MOU - The Paris Memorandum of Understanding on Port State Control. (ID: 461)
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The Participants of this Memorandum of Understanding, Endorsing fully the aim of the Quality Shipping Campaign to promote a quality culture throughout the maritime industry as a whole; Acknowledging the importance of improved transparency of information relating to the quality of ships and their operators for a genuine safety and quality culture in shipping; Recalling the Joint Ministerial Declaration by The First Joint Ministerial Conference of Paris and Tokyo Memoranda of Understanding on port State control, adopted in Vancouver on 25 March 1998, calling for greater co-operation between port State control authorities and other concerned agencies; Recalling further the Quality Shipping Conference in Lisbon in June 1998, and subsequent Quality Shipping events, in which the participants, representing the whole range of the maritime industry sectors, have called for making existing safety-related information on ships more accessible; Convinced of the necessity of co-operation between public authorities and the maritime industry as regards the exchange of ship safety-related information; Noting that this Memorandum is not a legally binding document and is not intended to impose any legal obligation on any of the Participants; Have reached the following understanding: Section 1 Purpose and Objectives 1.1 The purpose of this Memorandum is the setting up and effective operation of an information system, hereafter referred to by the name "Equasis", on quality and safety-related information of the world s merchant fleet. 1.2 By making relevant information publicly available and easily accessible, Equasis will allow persons involved in maritime transport to be better informed about the performance of ships and maritime organisations with which they are dealing. The system thus aims at improving quality and abating substandard practices in any sector of the maritime industry. Section 2 Participation Participation in the present Memorandum is open to: - three maritime authorities participating in established regional MOUs on Port State Control; - the United States Coast Guard; and - the initiators of the project (the maritime authorities of France and the European Commission). hereafter referred to as "Participants". Section 3 Co-operation 3.1 Each Participant undertakes to give effect to the provisions of the present Memorandum in accordance with its commitments. 3.2 Each Participant intends to promote by all appropriate means the exchange of unbiased information and transparency in maritime transport. 3.3 Each Participant undertakes to consult and co-operate with the other Participants in order to further the aims of the Memorandum. Section 4 Ships data 4.1 Equasis undertakes to collect, process and disseminate quality and safety-related information on the world s merchant ships provided to it by holders of such information. 4.2 The information disseminated by Equasis is to be accessible through the Internet, subject to the conditions laid down by the Supervisory Committee. Section 5 Organisation 5.1 The Supervisory Committee 5.1.1 A Supervisory Committee is established, composed of one representative of each Participant, to carry out the specific tasks assigned to it under the present Memorandum. 5.1.2 The Committee may invite organisations involved in maritime safety to participate in its meetings, as non voting observers. 5.1.3 A representative of the Management Unit is to attend the meetings of the Supervisory Committee as advisor. 5.1.4 The Supervisory Committee is to meet once a year, and at such other times as it may decide. The Committee is to elect its own chairman and adopt its own rules of procedure. 5.1.5 The Supervisory Committee is to: .1 supervise the operation of the Management Unit and the Technical Unit and approve their annual reports; .2 approve the Equasis budget; .3 appoint the Director of the Management Unit; and .4 keep under review and decide as necessary on other matters relating to the operation and the effectiveness of the present Memorandum. 5.1.6 Decisions of the Supervisory Committee are adopted by approval of a majority of the Participants. 5.1.7 A Participant may withdraw from membership on the Supervisory Committee after giving, at least six months advance notice of its intention to cease participation. 5.2 The Management Unit 5.2.1 A Management Unit is to be set up to be in charge of the daily operation of Equasis. The Management Unit is intended to operate on a non-profit basis with the aim of improving quality in maritime transport. 5.2.2 The Directorate for Maritime Affairs of the French Ministry of Equipment, Transport and Housing undertakes to set up the Management Unit and locate it in France. 5.2.3 The Management Unit, acting under the guidance of the Supervisory Committee and within the limits of the resources made available to it, is to: .1 conclude agreements with the providers of information to Equasis and arrange the modalities for access to and use of the information system; .2 prepare a budget proposal; .3 prepare meetings, circulate papers and provide such assistance as may be required to enable the Supervisory Committee and the Editorial Board to carry out their functions; .4 facilitate the exchange of information, prepare summaries and statistics of the information provided through Equasis and prepare reports as may be necessary for the purposes of the present Memorandum; .5 instruct the Technical Unit as appropriate; .6 handle complaints relating to the services provided by Equasis; .7 prepare a detailed annual report of its activities, including those of the Technical Unit, for approval by the Supervisory Committee; and .8 carry out such other work as may be necessary to ensure the effective operation of the present Memorandum. 5.2.4 The Management Unit is to be led by a Director, who is to be appointed by the Supervisory Committee. 5.3 The Technical Unit 5.3.1 The Technical Unit is to: .1 develop the information system and manage the database; .2 be in charge of the technical aspects of provision of information in Equasis, including setting up and maintenance of adequate computer resources and other equipment as necessary; .3 ensure the efficient functioning of Equasis by giving preference to the most appropriate technical standards; .4 provide the Management Unit a detailed annual report of its activities; and .5 monitor and, where necessary, improve the quality of the system on a continuous basis. 5.3.2 The technical operation of the Equasis computer system is to be handled by the 'Centre Administratif des Affaires Maritimes' (C.A.A.M.) in Saint Malo, France. 5.4 The Editorial Board 5.4.1 The Editorial Board is to be composed of representatives of the Participants, and public and private organisations that provide information to Equasis on a regular basis. 5.4.2 One representative of the Management Unit and one representative of the Technical Unit may attend meetings of the Editorial Board. 5.4.3 The Editorial Board may invite to its meetings other organisations that contribute to the objectives of Equasis. 5.4.4 The Editorial Board is to: .1 monitor and ensure the quality and accuracy of the information released through Equasis; .2 advise the Management Unit and the Technical Unit on any aspect relating to the provision of information and data in Equasis; .3 meet twice a year and at such other times as it may decide; .4 elect its own chairman and adopt its own rules of procedure consistent with the rules of procedure adopted by the Supervisory Committee. Section 6 Modifications 6.1 Any Participant may propose modifications to the present Memorandum. 6.2 All proposed modifications are to be submitted through the Management Unit for consideration by the Supervisory Committee. 6.3 Modifications are adopted by a two-thirds majority of the members of the Supervisory Committee present and voting. 6.4 A modification is put into operation 60 days after it has been adopted, or at the end of any different period determined unanimously by the members of the Supervisory Committee present and voting at the time of adoption of the modification. Section 6A Liability Participants and organisations, invited as observers to the Committee meetings, accept no liability for the accuracy or reliability of the data displayed on Equasis, nor any liability in connection with the management, operation or use of Equasis Section 7 Final provisions 7.1 The present Memorandum is undertaken without prejudice to the legal rights and obligations of any Participant, including those arising under any international agreement. 7.2 The present Memorandum is put into operation on the date of signature thereof by all of the Participants to the January 2000 MOU, at which time the January 2000 MOU will cease to have effect. 7.3 Both the English and French language texts of the present Memorandum are authentic renditions. SIGNED in London, in the English and French languages, this seventeenth day of May 2000 by : The Maritime Authorities of France Japan Singapore Spain United Kingdom The United States Coast Guard and The Directorate-General for Energy and Transport of the European Commission. The Participants of this Memorandum of Understanding. Paris MOU - The Paris Memorandum of Understanding on Port State Control.