package main
import (
"regexp"
"fmt"
)
func main() {
var re = regexp.MustCompile(`(?m)(FD.*?)FD`)
var str = `ed by 30 September 2019.\n', "FD\n289 No information was available to confirm the implementation of the provisions of MARPOL Convention regarding the control of offshore drilling rigs (MARPOL, Annex I, regulation 39.2.2; III Code, paragraph 16.2).\nRoot cause\n290 The following factors contributed to this finding:\n.1 the offshore drilling rigs were not registered under the flag of the State;\n.2 there was a lack of collaboration and coordination between the Ministry of Transport and the Ministries in charge of environment and hydrocarbons; and\nAnnex, page 42\n.3 the national legislation and the contracts with oil companies are not covering maritime safety and pollution prevention aspects applicable to offshore drilling rigs.\nCorrective action\n291 The maritime administration will implement the following actions:\n.1 the Ministerial Council will be informed of the State's responsibilities under the mandatory IMO instruments dealing with offshore drilling rigs and strengthening the collaboration among the State entities responsible for marine pollution prevention;\n.2 national legislation will be updated to impose the registration of offshore drilling rigs and their compliance with laws, rules, national and international regulations related to maritime safety and pollution prevention; and\n.3 a national seminar on safety, inspection and pollution prevention and control of offshore drilling rigs will be organized with assistance from IMO.\nThis corrective action will be completed by 31 December 2019.\n", 'FD\n292 The Administration was not in a position to apply the requirements of the 1978 STCW Convention and STCW Code to prevent fatigue or the use of drugs or alcohol (STCW 1978, regulation VIII/1.1; III Code, paragraph 16.3.5).\nRoot cause\n293 Absence of knowledge of the regulations due to the lack of monitoring of regulatory development.\nCorrective action\n294 The Administration will develop administrative instructions taking into account the requirements of STCW 1978 on the prevention of fatigue and the use of drugs and alcohol on board ships registered under the flag of the State. This corrective action will be completed by 31 December 2017.\n', 'FD\n295 The Administration did not ensure that certificates and endorsements that were issued could be withdrawn, suspended or cancelled when necessary (III Code, paragraph 16.3.4).\nRoot cause\n296 Absence of knowledge of the regulations due to the lack of monitoring of regulatory development and the absence of legislation of the mandatory IMO instruments to which the State is Party.\nCorrective action\n297 The following actions will be implemented:\nAnnex, page 43\n.1 the Administration will provide a regulatory monitoring framework, develop and implement national legislation and guidelines on the withdrawal, suspension and cancellation of certificates and visas. A procedure for monitoring national seafarers and foreign holders of certificates and visas will be established; and\n.2 the future Directorate of regulation will ensure continuous regulatory monitoring.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n298 The Administration did not give any particular instructions to the RO on actions to be followed in the event that a ship was unfit to proceed to sea without danger to the ship or persons on board or present any danger to the marine environment (III Code, paragraph 18.3; III Code, paragraph 20).\nRoot cause\n299 Lack of legal provisions regarding the authorization of ROs and lack of knowledge of the mandatory IMO provisions applicable in the case of the delegation of authority.\nCorrective action\n300 The Administration will review the current agreement with one RO, develop and implement a national legislation to comply with the relevant IMO provisions governing the authorization of the ROs to act on behalf of the Administration. This corrective action will be completed by 31 March 2018.\n', 'FD\n301 It was noted that the responsibilities and functions of all personnel involved in ship safety, especially in ship inspection, as well as relations between the different entities were not clearly defined and documented (III Code, paragraph 28).\nRoot cause\n302 The responsibilities and authority of the personnel involved were not defined and the current legislation remained incomplete.\nCorrective action\n303 The Administration will reinforce and implement a national legislation for the inspection of ships and formalize the procedures of ship safety and environmental protection, especially by defining:\n.1 responsibilities and authority of personnel involved in ships safety;\n.2 ships inspection procedures and record of inspections results; and\n.3 relations between the different entities.\nThis corrective action will be completed by 31 December 2017.\nAnnex, page 44\n', 'FD\n304 There was no evidence to indicate that a system existed for updating qualifications and training programmes for ship surveyors (III Code, paragraph 35).\nRoot cause\n305 Lack of ongoing specialized training programme for ship surveyors.\nCorrective action\n306 The Administration will implement a documented system for the training of surveyors and the continuous updating of their qualifications to strengthen their capabilities and will recruit personnel with a maritime background. This corrective action will be completed by 31 December 2019.\n', 'FD\n307 The Administration did not apply all the Casualty Investigation Code requirements, in particular:\n.1 there was no text to regulate the practice or which gave the necessary powers to investigators;\n.2 investigations were not conducted with the required impartiality as they were triggered by the Administration and carried out by ship surveyors; and\n.3 investigation reports were not published.\n(Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n308 Lack of knowledge of the regulations and non-transposition into national legislation of the mandatory IMO instruments, including impartiality in the conduct of accident investigations.\nCorrective action\n309 The following actions will be implemented:\n.1 the Administration will create and establish an independent body to ensure the conduct of maritime casualty investigations and sensitize relevant competent national authorities, during the Ministerial Council, on the State responsibilities and obligations with regard to marine casualty or marine incident; and\n.2 the Administration will develop and implement legislation transposing the requirements of the Casualty Investigation Code.\nThis corrective action will be completed by 30 September 2020.\nAnnex, page 45\n', 'FD\n310 The Administration had not implemented any guidance to facilitate the implementation and compliance with the requirements of all conventions and protocols relating to safety and pollution prevention to which the State is a Party. In addition, the division of responsibilities among government entities in charge of implementing and monitoring compliance of mandatory IMO instruments had not been clearly defined and documented (III Code, paragraph 15).\nRoot cause\n311 The absence of a legal basis by the non-transposition into national legislation of the mandatory instruments to which the State is a Party, and the lack of appropriate and qualified technical and legal experts have contributed significantly to this finding.\nCorrective action\n312 The maritime administration will update the Merchant Shipping and Environment Code and its implementing legislation and apply directives that facilitate the implementation and monitoring of the requirements of all the conventions and protocols relating to safety and pollution prevention to which the State is a Party. In addition, the maritime administration will assign and document responsibilities of the governmental entities responsible for the implementation and monitoring of compliance with the mandatory IMO instruments and of personnel assigned to these tasks. This corrective action will be completed by 31 December 2017.\n', 'FD\n313 The Administration had not established any procedures to set up a monitoring programme comprising of administrative instructions for the application of rules and an audit and inspection programme. In addition, the requirements of the international instruments which were left to the satisfaction of the Administration had not been documented with appropriate guidance or approved interpretations (III Code, paragraph 16.1; III Code, paragraph 16.2; III Code, paragraph 16.5).\nRoot cause\n314 Lack of understanding of the mandatory provisions of the III Code and a lack of regulation and administrative instructions for implementing an independent audit and inspection programme.\nCorrective action\n315 The national legislation will be amended in order to establish resources and procedures capable of administering a safety and environmental protection programme. The Administration will develop and implement administrative instructions and will put in place an independent system for audit and inspections in order to ensure an effective implementation of the rules and standards made mandatory by the relevant IMO instruments, including the interpretations left to the satisfaction of the Administration. This corrective action will be completed by 1 March 2017.\nAnnex, page 46\n', 'FD\n316 The Administration had not implemented a documented system for qualification of personnel and continuous updating of their knowledge for the tasks they were authorized to carry out (III Code, paragraph 35).\nRoot cause\n317 The Administration had not developed any national qualification standards nor any programme for specialized training and for updating the knowledge of personnel.\nCorrective action\n318 The Administration will develop qualification standards for flag State surveyors and other personnel assisting in the performance of such work and implement a documented system for training of surveyors and continuous updating of their skills to strengthen their capacity and will recruit personnel with maritime background. This corrective action will be completed by 31 December 2017.\n', 'FD\n319 There was no evidence that the State systematically conducted an investigation following a marine casualty or pollution incident that occurred on board ships flying the flag of the State, as well as:\n.1 there was no evidence that the accident investigations were conducted by investigators with appropriate qualifications and knowledge of issues related to casualties;\n.2 under the current national legal framework, the inspector conducting the statutory surveys was also responsible for investigations, which does not fully guarantee the impartiality of the accident investigations; and\n.3 no accident investigation report was submitted to IMO by the Administration\n(SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; Casualty Investigation Code, paragraph 1.3; Casualty Investigation Code, paragraph 4.1; Casualty Investigation Code, paragraph 6.2; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.1; III Code, paragraph 23.1; III Code, paragraph 24.5; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n320 Lack of knowledge of the regulations and absence of documented procedures for conducting accident investigations. The Administration has no administrative structure to ensure impartiality of investigations and no trained personnel responsible for conducting accident investigations.\nCorrective action\n321 The following actions will be implemented:\n.1 the Administration will develop and implement regulations and procedures for conducting safety and pollution accident investigations. The regulations will ensure impartiality in the conduct of the investigations and will be\nAnnex, page 47\ndeveloped in accordance with the requirement of the casualty Investigation Code (resolution MSC.255 (84); and\n.2 the Administration will develop a recruitment plan and put in place a training programme for its personnel to build appropriate expertise and knowledge on issues related to accidents investigation.\nThis corrective action will be completed by 31 March 2017.\n', 'FD\n322 The Administration had not conducted any periodic performance assessment or review to meet its obligations under the mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n323 Lack of a culture to periodically evaluate or review the performance and a lack of human resources.\nCorrective action\n324 The Administration will develop and implement a regular framework to institutionalize, on a periodic basis, a documented assessment and review programme of its performance in flag State activities. A database covering flag State activities and a monitoring committee will be established. This corrective action will be completed by 30 September 2017.\n', 'FD\n325 The RO agreement with Russian Maritime Register of Shipping (RMRS) did not include all the minimum elements as required by the RO Code (RO Code, section 2, paragraph 1.2; RO Code, section 2, paragraph appendix 3; III Code, paragraph 18.2; III Code, paragraph 18.3).\nRoot cause\n326 The RO agreement was from 2003 and was not renewed since then because of the limited capacity of the Administration. It was not considered as a priority.\nCorrective action\n327 The RO agreement with the RMRS is under revision and the new agreement is awaiting the approval and signature of RMRS. The provisions of the new agreement will include the minimum elements required by the RO Code. This corrective action will be completed by 30 June 2017.\n', 'FD\n328 It was established that the Administration did not have a policy for developing, documenting and providing interpretations and guidance concerning those requirements that are left "to the satisfaction of the Administration" in relevant mandatory IMO instruments (III Code, paragraph 16.5).\nAnnex, page 48\nRoot cause\n329 As the priority of the Administration was inland navigation and EU legislation, a policy relating to the implementation of IMO instruments was not developed.\nCorrective action\n330 The Administration will develop a documented procedure as a basis for monitoring and implementing the mandatory IMO instruments and, in particular, for addressing those requirements that are left to "the satisfaction of the Administration" in the mandatory IMO instruments. The Administration will issue guidelines to fulfil the respective requirements as a flag State. This corrective action will be completed by 31 December 2019.\n', "FD\n331 There was no objective evidence to demonstrate that the State had comprehensive policy to assist in the implementation and enforcement of national legislation, rules and regulations to give full and complete effect to the provisions of applicable mandatory instruments to which the State is a Party (III Code, paragraph 15.1).\nRoot cause\n332 The Administration has no comprehensive policy in place to assist the State in the implementation and enforcement of national legislation, rules and regulations to give full and complete effect to the provisions of applicable mandatory instruments to which the State is a Party.\nCorrective action\n333 The Administration will develop and implement a comprehensive policy where processes, procedures, guidelines, standard checklists and performance indicators will be established and incorporated into the Administration's QMS, in order to define and assign responsibilities, set evaluation standards, methodologies, and give full and complete effect to the applicable mandatory instruments to which the State is a Party. This corrective action will be completed by 31 December 2018.\n", "FD\n334 The Administration did not establish an oversight programme nor provide adequate resources for monitoring the survey and certification activities delegated to ROs and persons acting on its behalf and there was no objective evidence indicating that ROs had been duly assessed in accordance with the required standards of the RO Code. In addition, the established agreements were not in accordance with the provisions of the RO Code such as specific instructions detailing action to be followed in the event that a ship is found unfit to proceed to sea without danger to the ship or persons on board (SOLAS 1974, regulation I/6; SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragraph 18.1; III Code, paragraph 20).\nRoot cause\n335 Lack of resources and absence of comprehensive ROs oversight process in the Administration's QMS contributed to a lack of systematic approach in the oversight of ROs.\nAnnex, page 49\nCorrective action\n336 The new law will enact the RO Code and related circulars to the Code will be issued. Policies, guidelines and documented procedures will be developed and implemented to cover the entire RO Code requirements, including ROs' assessment, evaluation, recognition and oversight programme. The existing agreements will be reviewed and brought in line with the RO Code provisions and the Administration will provide the necessary resources to fulfil its obligations. This corrective action will be completed by 31 December 2018.\n", 'FD\n337 The Administration had no legal provisions to impose sanctions to dissuade ships entitled to fly the flag of the State from infringements of the regulations and international standards of the mandatory IMO instruments (III Code, paragraph 22.7).\nRoot cause\n338 The Decree of 2002 establishing the Administration and the Law No.46 of 2006 are establishing very limited sanctions and penalties to discourage violations of international rules and standards of the mandatory IMO instruments.\nCorrective action\n339 The new law will transpose all mandatory IMO instruments into national legislation and will include adequate penal provisions to discourage violations of international rules and standards. This corrective action will be completed by 31 December 2019.\n', "FD\n340 The Administration did not establish a documented training programme for its flag State surveyors, for continuous updating of their knowledge to the tasks they are authorized to undertake (III Code, paragraph 35).\nRoot cause\n341 Although the Administration nominated surveyors to participate in a number of training courses, workshops and drills at both national and international level, the Administration did not put in place a documented and comprehensive policy to assist in the systematic recruitment and qualification of the flag State surveyors, including continuous updating of their knowledge.\nCorrective action\n342 A documented system will be developed and included in QMS in order to formally adopt an integrated comprehensive policy guiding the Administration in the recruitment processes, nomination, employment and continuous training and updating of knowledge of flag State surveyors. A formal surveyor's continuous training matrix will be developed and implemented based, in particular, on evaluation of surveyors' knowledge and the need to continuously upgrade their knowledge in all relevant areas of the mandatory IMO instruments. Completing at least one IMO instrument training course, available online courses and/or participating in other training courses and workshops annually will be included in the systematic training programme for all surveyors. This corrective action will be completed by 31 December 2019.\nAnnex, page 50\n", 'FD\n343 The measures that are implemented in casualty investigations did not comply with the Casualty Investigation Code, especially regarding the independence and impartiality of investigators, including the decision to open an investigation, reporting to IMO and release of reports to the public (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.2; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n344 The Casualty Investigation Code was not transposed into national legislation and the Administration was unaware of the requirement to make casualty investigation available to the public.\nCorrective action\n345 The Administration will transpose and implement relevant provisions of resolutions MSC.255(84) and A.1075(28) on the Casualty Investigation Code and related guidelines, respectively, and will establish and implement policies and procedures to address relevant issues. The impartiality of casualty investigations will be ensured by using exclusive accident investigators duly trained and supported by adequate resources and logistics, as well as by ensuring there is no interference in their line of reporting on the results of the investigation, in accordance with the provisions of the Casualty Investigation Code. Recommendations from the final investigation report will be duly disseminated to the public and communicated to IMO through GISIS and periodic evaluation and review will be performed as required by the III Code. This corrective action will be completed by 1 July 2017.\n', 'FD\n346 There was no system in place for the Administration to periodically evaluate its performance in respect of administrative processes, procedures and resources necessary to meet its obligation and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n347 Lack of procedure in place for periodic evaluation and review of performance in flag State activities.\nCorrective action\n348 A procedure and guidelines for annual evaluation and review of performance in flag State activities will be developed and implemented in the actual QMS of the Administration. This corrective action will be completed by 31 December 2017.\n', 'FD\n349 There were no interpretations available for the provisions of the mandatory IMO instruments which were left to the satisfaction of the Administration (SOLAS 1974, regulation II-1/3-6.2.3; TONNAGE 1969, annex 1, regulation 5.3.b; III Code, paragraph 16.5).\nAnnex, page 51\nRoot cause\n350 Lack of regulatory monitoring process and absence of legal basis defining the interpretations left to the satisfaction of the Administration.\nCorrective action\n351 The Administration will amend the existing Merchant Shipping Code and the implementing legislation defining the interpretations left to the satisfaction of the Administration, will be developed and applied. A regulatory monitoring process will be implemented and interpretations required by the mandatory IMO instruments will be published. This corrective action will be completed by 31 December 2017.\n', 'FD\n352 The Administration had not taken any measures to recognize certificates issued under the authority of another Party to STCW 1978, even though there were seafarers holding Certificates of Competence issued by another Party serving on board seagoing ships as defined by the 1978 STCW Convention and operating under the jurisdiction of the State (STCW 1978, regulation I/10; III Code, paragraph 16.3.5).\nRoot cause\n353 Absence of understanding of the regulations and a lack of legal basis, documented procedures and personnel training for effective implementation of the provisions of STCW 1978.\nCorrective action\n354 The Administration will develop and implement necessary legislation and a documented procedure setting the conditions for issuing certificates of recognition in order to ensure that the mandatory provisions of STCW 1978 have been observed. A training programme for personnel dealing with seafarers will be developed and implemented. This corrective action will be completed by 31 March 2018.\n', 'FD\n355 Apart from the general duties contained in the Decree related to the organization of the Ministry, the Administration had not recorded in writing the responsibilities and obligations for all its personnel that managed, performed and verified the activities related to safety and pollution prevention (III Code, paragraph 15.2; III Code, paragraph 28).\nRoot cause\n356 The institutional and regulatory organization does not expect the responsibilities and authority of personnel to be documented in an administrative act of any kind.\nCorrective action\n357 The decree establishing provisions for the Ministry and the organization of its administration will be amended in order to record in an administrative act the responsibilities and authority of personnel of the Merchant Marine Directorate. This corrective action will be completed by 31 March 2017.\nAnnex, page 52\n', 'FD\n358 The Administration did not ensure that its surveyors were adequately trained and had not implemented a documented system for qualification of personnel and continuous updating of their knowledge based on a training programme (III Code, paragraph 24.5; III Code, paragraph 35).\nRoot cause\n359 Insufficient personnel with qualifications required by the mandatory instruments, lack of documented procedures to monitor the qualifications and the updating of the knowledge of surveyors, as well as the delegation of authority to commissioned companies.\nCorrective action\n360 The Administration will develop and implement regulations, documented procedures for ship inspections, and put in place a training programme for its personnel to build appropriate expertise and competent knowledge on issues related to ship surveys. This corrective action will be completed by 31 January 2018.\n', 'FD\n361 There was no objective evidence demonstrating that there were administrative instructions to implement international rules and standards by means of an independent audit or inspection programme (III Code, paragraph 16.1; III Code, paragraph 16.2).\nRoot cause\n362 Lack of regulation and lack of administrative instructions for implementing an independent audit or inspection programme.\nCorrective action\n363 The Merchant Shipping Code will be amended in order to establish resources and procedures capable of administering a safety and environmental protection programme. The Administration will develop and implement administrative instructions and will put in place an independent system for audit and inspections in order to ensure an effective implementation of the rules and standards made mandatory by the relevant IMO instruments. This corrective action will be completed by 31 December 2017.\n', 'FD\n364 By concessional agreement, the State delegated authority to a company to carry out statutory work on its behalf. This agreement was not in accordance with the provisions of the RO Code (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragraph 18.2).\nRoot cause\n365 Lack of legislation and understanding of the mandatory provisions of the RO Code and a lack of human resources and technical capacity to carry out an oversight programme of ROs. The concession agreement between the Ministry responsible for fisheries and a public entity was concluded before the entry into force of SOLAS 1974 amendments.\nAnnex, page 53\nCorrective action\n366 The Administration will develop and implement a legislation governing the delegation of authority of the State and authorization of ROs, strengthen its human resources with qualified personnel, develop and implement documented procedures for monitoring of ROs and communicating with them, as well as exercise its authority to conduct additional surveys in order to ensure that ships authorized to fly the flag of the State comply with the international mandatory requirements. The existing agreements between the Administration and ROs will all be revised to ensure compliance with the mandatory provisions applicable to the delegation of authority and authorization of ROs. This corrective action will be completed by 31 December 2017.\n', 'FD\n367 There was no evidence that the State systematically conducted an investigation following a marine casualty or pollution incident that occurred on board ships flying the flag of the State:\n.1 there was no evidence that the accident investigations were conducted by investigators with appropriate qualification and knowledge of issues related to casualties; and\n.2 no accident investigation report was submitted to IMO by the Administration\n(SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; III Code, paragraph 38; Casualty Investigation Code, paragraph 1.3; Casualty Investigation Code, paragraph 14.1; III Code, paragraph 41).\nRoot cause\n368 Lack of knowledge of the regulations and absence of documented procedures for conducting accident investigations. The Administration has insufficient qualified personnel and no financial resources helping to fulfil its responsibilities for conducting accident investigations.\nCorrective action\n369 The Administration will develop and implement regulations and procedures for conducting accident investigations, will restructure the "Accident-Investigation" unit, strengthen its human resources and put in place a training programme for its personnel to build up appropriate expertise and competent knowledge on issues related to accident investigations. This corrective action will be completed by 31 May 2017.\n', 'FD\n370 The Administration had not carried out any periodic evaluation or review of its performance to fulfil its obligations under the applicable mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n371 Lack of a culture to periodically evaluate or review the performance and delegation of authority in terms of flag State surveys to a private company.\nAnnex, page 54\nCorrective action\n372 The Administration will develop and implement a regular framework to increase the number of its personnel and institutionalize, on a periodic basis, a documented assessment and review programme of its performance in flag State activities. A database covering flag State activities and an audit programme will be implemented. This corrective action will be completed by 31 March 2018.\n', 'FD\n373 The Administration did not establish processes and procedures, including administrative instructions, for those maritime activities within its purview (III Code, paragraph 16.1).\nRoot cause\n374 There was a considerable delay in incorporating the mandatory IMO instruments, including amendments due to insufficient resources and late acceptance of IMO instruments, as well as the lack of awareness to monitor amendments adopted through the tacit amendment procedure. There was an unclearly defined instruction and procedure, the complexity of the national legal process, and, in some cases, legal analysis of the obligations was insufficient or inappropriately timed and the obligation to translate the relevant resolutions and all the national legislative acts into national language were the source of the delay.\nCorrective action\n375 The Administration will issue the necessary policy and guidelines for the implementation of those mandatory IMO instruments that have not been incorporated into the national legislation, pending the incorporation of those IMO instruments and their amendments into national legislation. A legal procedure will be developed and implemented for enactment of national laws for various mandatory IMO instruments, codes and amendments adopted through the tacit amendment procedure to existing and future mandatory IMO Instruments. Sufficient resources will be provided for making legislations, rules, implementation and translations. Working instructions and procedures, including training programme to improve personnel competence, to implement guidance for monitoring amendments adopted through the tacit amendment procedure to existing mandatory IMO instruments will be established between the maritime administration and the ship registry. This corrective action will be completed by 1 January 2019.\n', "FD\n376 The Administration had not developed legislation, policies and guidelines to ensure that ships entitled to fly the flag of the State are sufficiently and efficiently manned under SOLAS 1974, taking into account resolution A.1047(27) (SOLAS 1974, regulation V/14; III Code, paragraph 17).\nRoot cause\n377 Due to the lack of understanding and resources, the legal framework for the implementation of the 1978 STCW Convention, as amended' and resolution A.1047(27) had not been incorporated into national legislation and therefore personnel were unable to implement and enforce the provisions on ships entitled to fly the flag of the State.\nAnnex, page 55\nCorrective action\n378 The State will take immediate steps to incorporate the 1978 STCW Convention, as amended, and resolution A.1047(27) into the new Merchant Shipping Act. In the interim, a ministerial directive shall make them mandatory for ships entitled to fly the flag of the State. In addition, the duties and responsibilities of personnel will be clarified and the accountability system will be improved. A training programme will be conducted for all involved with the ship registry on these requirements. A designated official responsible for monitoring the implementation of STCW 1978 shall be appointed. This corrective action will be completed by 1 June 2018.\n", 'FD\n379 The Administration did not have a policy and procedure for developing, documenting and providing guidance on interpretation concerning those requirements that are left "to the satisfaction of the Administration". There was no specific requirement for fitting of type-approved equipment on ships entitled to fly the flag of the State and no procedure for granting exemptions (SOLAS 1974, regulation IV/14.1; SOLAS 1974, regulation V/18.1; MARPOL, Annex I, regulation 14.6; MARPOL, Annex IV, regulation 9.1; III Code, paragraph 15.1; III Code, paragraph 16.5).\nRoot cause\n380 There was a lack of experienced personnel within the Administration to identify those requirements on which interpretive national provisions had to be developed, and to develop and promulgate the required laws, by-laws, policies and procedures for effective implementation and enforcement of the requirements of the mandatory IMO Instruments.\nCorrective action\n381 Upon the implementation of the new Merchant Shipping Law of the State, full implementation and enforcement of IMO Instruments will be adopted. A dedicated regulatory unit will be created, with functions and procedures to maintain a scheme for monitoring, analysing and generating standards for those provisions of the mandatory IMO instruments that are left "to the satisfaction of the Administration", and to prepare directorial decisions dealing with such provisions, including any existing IMO performance standards. Training will be provided to personnel to undertake the duties of implementing this requirement. In addition, a policy and procedures, including regularity framework, will be developed for evaluating the requirements of Type Approval of equipment required by IMO instruments and the granting of exemption. This corrective action will be completed by 1 January 2019.\n', 'FD\n382 There was objective evidence indicating that ROs had not been duly assessed in accordance with the required standards for ROs acting on behalf of the Administration before signing the formal authorization agreements. In addition, the Administration had not provided specific instructions to ROs on actions to be taken in the event that a ship was found unfit to proceed to sea without danger to the ship or persons on board, or is found to present a threat of harm to the marine environment (SOLAS 1974, regulation XI-1/1; SOLAS 1974, regulation I/6; MARPOL, Annex I, regulation 6; MARPOL, Annex II, regulation 8; MARPOL, Annex IV, regulation 4; LL 1966, article 13; TONNAGE 1969, article 6; RO Code, part 3, section 7.1.1; III Code, paragraph 18.1; III Code, paragraph 18.2; III Code, paragraph 18.3).\nAnnex, page 56\nRoot cause\n383 The Administration did not have sufficiently qualified and trained technical staff to evaluate ROs in accordance with the RO Code (resolution MSC.349 (92) prior to concluding the agreement on delegation of authority with the ROs. Resolution MSC.349 (92) was not made mandatory under the law of the State.\nCorrective action\n384 The regulation concerning the delegation of authority to ROs shall be prepared in line with the RO Code for further enforcement. The duties and rights of ROs shall be clarified in the new regulation. The Administration will provide sufficiently qualified and trained personnel for evaluating and monitoring of ROs. A procedure will be adopted for regular monitoring of the operations of the ROs acting on behalf of the Administration. This corrective action will be completed by 1 January 2019.\n', 'FD\n385 The State did not have any legal basis, guidelines and procedures for conducting investigations of accidents and incidents involving personal injuries and death occurring on board ships entitled to fly the flag of the State and some of the investigations carried out were not made public, nor wer. they reported to IMO. No independent qualified and trained investigators were retained by the State (SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; LL 1966, article 23; Casualty Investigation Code, paragraph 1.3; Casualty Investigation Code, paragraph 6.2; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n386 Due to lack of resources, procedures and the legal framework for conducting casualty investigations and making the Casualty Investigation Code mandatory for ships entitled to fly the flag of the State had not been established. There was lack of personnel trained in casualty investigations and no procedures had been established.\nCorrective action\n387 Sufficient resources will be provided for establishing the legal basis and procedure for conducting casualty investigations, including making the Casualty Investigation Code mandatory and enforceable. Special attention shall be given to preparing and training casualty investigation officers. The report of casualty investigations conducted will be uploaded onto GISIS and made public, while implementing the recommendations contained therein. This corrective action will be completed by 1 January 2019.\n', 'FD\n388 There was no evidence to indicate that the Administration had established or participated in an oversight programme with adequate resources to carry out supplementary surveys and inspections of ships entitled to fly the flag of the State in order to secure observance of international rules and standards by such ships (III Code, paragraph 20.2; III Code, paragraph 20.3).\nRoot cause\n389 There were no regulations within the existing Ship Registration Regulation and Sea Exploitation Law of the State concerning the periodic inspections of ships flying the flag of the\nAnnex, page 57\nState, and no regulations relating to the delegation of authority to ROs. Since the Administration lacks trained flag State inspectors, few inspections had been carried out periodically on high risk ships.\nCorrective action\n390 The regulation concerning the delegation of authority to ROs will be prepared in line with the RO Code for further enforcement. The duties and rights of ROs shall be clarified in the new regulation. A policy and procedure will be established for regular monitoring of the operations of ROs acting on behalf of the Administration. The Administration will appoint sufficiently qualified and trained independent surveyors with good knowledge of the relevant laws and familiar with the national and international regulations to carry out supplementary surveys of ships entitled to fly the flag of the State. This corrective action will be completed by 1 January 2019.\n', 'FD\n391 It was established that the Administration did not have guidance or mechanism in place to ensure appropriate corrective measures were taken to bring a ship entitled to fly the flag of the State into compliance with applicable international instruments when the ship had been detained by port State control (III Code, paragraph 25).\nRoot cause\n392 Lack of regulations, procedures and sufficient resources within the Administration to ensure that ships entitled to fly the flag of the State is brought into immediate compliance with the applicable IMO instruments if they are detained by PSC overseas.\nCorrective action\n393 The Administration shall develop the legal framework procedures regarding monitoring and enforcement of approved regulations in terms of taking corrective measures to bring ships entitled to fly the flag of the State that are detained by port States into compliance with the relevant IMO instruments. Procedures will be developed and mandatory requirements put in place for ship Masters and ship managers of ships entitled to fly the flag of the State to report directly to the Administration immediately when a ship is detained by PSC for corrective measures to be taken. A system will be developed to closely cooperate with the classification society of the detained ship. The Administration will appoint sufficiently qualified and trained independent surveyors with good knowledge of the relevant laws and familiarity with the national and international regulations to carry out follow up inspection after a detention of a ship by PSC. This corrective action will be completed by 1 January 2019.\n', 'FD\n394 It was established that penalties were not specified under the maritime law of the State or any other document in order to enforce the requirements and discourage violations of international laws, rules and standards by ships entitled to fly the flag of the State and there was a lack of the ability to institute proceedings against those ships found to have violated international rules (III Code, paragraph 22.5; III Code, paragraph 22.6).\nRoot cause\n395 The penalty clauses were not included in the relevant laws as current laws are outdated.\nAnnex, page 58\nCorrective action\n396 The penalty clauses will be included in the new Merchant Shipping Act and its secondary legislations. The enforcement of penalty clauses to the newly approved law will be monitored by an entity to be appointed by the Administration. This corrective action will be completed by 1 January 2019.\n', 'FD\n397 There was evidence to confirm that flag State inspections were not always carried out by authorized inspectors. The Administration did not have a documented system for the qualification for its surveyors/inspectors, nor a programme for training of newly recruited surveyors/inspectors and continuous updating their knowledge, as appropriate, to the tasks they were authorized to undertake. There was evidence to confirm that no identification was provided to surveyors/inspectors to determine the authorization granted to perform their task (III Code, paragraph 35; III Code, paragraph 37).\nRoot cause\n398 There were no established training systems and retraining procedures for technical staff within the Administration. The guidelines on the recruitment of flag State surveyors, their training and retraining did not fully comply with the requirements of the III Code. Requirement of issuing of identity documents for flag State surveyors was not a national requirement.\nCorrective action\n399 The regulations governing the training programme for flag State surveyors will be updated and kept under review in order to include the programme for initial training and continuous updating of knowledge for officers who perform functions as flag State surveys. The programme will include a system of targeted annual refresher training for surveyors. A documented procedure and structured training programme will be developed for training of new surveyors and refresher training for existing surveyors. Surveyors with proper qualification and adequate training will be provided with identification document to conduct flag State inspections. This corrective action will be completed by 31 December 2018.\n', 'FD\n400 The Administration had not ensured that appropriate number of qualified personnel was available with the necessary maritime expertise needed to implement and enforce the provisions of the relevant mandatory IMO instruments as a flag State (III Code, paragraph 24).\nRoot cause\n401 The Administration had not carried out an evaluation on the number of ships in the fleet to establish the required number of flag State surveyors necessary to conduct surveys.\nCorrective action\n402 The Administration will conduct an evaluation and review to establish the number of flag State surveyors required for carrying out regular flag State inspection. Flag State surveyors with proper qualification and adequately trained shall be appointed to conduct flag State inspection. This corrective action will be completed by 31 December 2018.\nAnnex, page 59\n', 'FD\n403 There was no system in place for the Administration to periodically evaluate its performance in respect of the implementation of administrative processes, procedures and resources necessary to meet its obligations and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n404 The Administration was unaware of the requirement of evaluation and review of its activities previously and therefore no procedure or mechanism was in place for evaluation and review.\nCorrective action\n405 In the maritime strategy to be formulated, procedures will be included for periodical review and evaluation of functions in the area of flag State activities, based on performance indicators defined to measure the effectiveness in implementation and enforcement of the IMO instruments and recommendations, in order to identify and implement measures for continual improvement. The result of the periodic review will be reported twice a year to the Ministry of Transport, which will evaluate the performance in the area of flag State activities regarding compliance with the conventions to which the State is a Party. This corrective action will be completed by 30 November 2018.\n', 'FD\n406 There was no objective evidence to demonstrate that the Administration had ensured that ships of less than 400 gross tonnage are equipped, as far as practicable, to retain oil or oily mixtures on board or discharge them in accordance with the requirements of MARPOL (MARPOL, Annex I, regulation 15.6.2; III Code, paragraph 15).\nRoot cause\n407 There was lack of knowledge and capacity to promulgate laws and by-laws for effective implementation and enforcement of the requirements of MARPOL on board all ships, irrespective of their size.\nCorrective action\n408 Regulation, guidance and procedure to require that ships of less than 400 gross tonnage are designed and equipped to retain on board oil or oily mixtures or discharge them ashore will be prepared in line with relevant provision of MARPOL 73/78. The designated official responsible for monitoring the implementation of MARPOL Convention shall be appointed for implementation and enforcement. This corrective action will be completed by 1 January 2019.\n', "FD\n409 The Administration did not fully ensure that ships entitled to fly the flag of the State were in compliance with the mandatory IMO instruments due to the absence of an inspection programme and that the ship's complement could effectively coordinate activities in an emergency situation (III Code, paragraph 22.4; III Code, paragraph 22.3; III Code, paragraph 22.2).\nAnnex, page 60\nRoot cause\n410 There is a lack of properly qualified and trained flag State surveyors\nCorrective action\n411 The Administration will recruit properly qualified flag State surveyors and update their knowledge through training and retraining programmes. The inspection procedures, guidelines including checklists for flag State surveyors will be prepared and approved, which will include the requirements of detail inspection of a ship depending on the type and the conduct of safety drills on board during the inspection. This corrective action will be completed by 20 May 2018.\n", 'FD\n412 There was objective evidence to confirm that ships entitled to fly the flag of the State had not complied with the safety of navigation provisions as per SOLAS Chapter V (SOLAS 1974, regulation V/1.4; SOLAS 1974, regulation V/19-1.2.1; III Code, paragraph 15.1).\nRoot cause\n413 There was a lack of awareness of LRIT requirement and lack of personnel to promulgate laws and by-laws for effective implementation and enforcement of the requirements of the mandatory IMO instruments.\nCorrective action\n414 Awareness programme on LRIT requirement will be conducted within the Administration. National legislation, policy and guidance to implement LRIT requirement shall be prepared and implemented on board all applicable ships entitled to fly the flag of the State. This corrective action will be completed by 31 October 2018.\n', 'FD\n415 The State did not fully guarantee the completeness and efficiency of the inspections and surveys due to the absence of or updated national laws, policies, procedures and administrative instructions. It also did not ensure the necessary arrangements to satisfy this obligation, including clear assignment of responsibilities within the departments responsible for inspections and surveys (SOLAS 1974, regulation I/6; MARPOL, Annex I, regulation 6; LL 1966, article 13; TONNAGE 1969, article 6; III Code, paragraph 15; III Code, paragraph 16).\nRoot cause\n416 The State established the Maritime Safety Agency in 2007, but failed to conduct resource audit to determine its obligational needs. Error of perception at the formative stage of the Agency prioritized support resource above technical resourcefulness. The need for a centralized QMS was not seen as a priority tool for efficient, cost effective corporate governance to be accorded attention.\nCorrective action\n417 In addition to the corrective action plan on updating the Merchant Shipping Act 2007, the direct reference approach will be adopted in transposing mandatory IMO Codes and technical amendments into national legislation. A QMS will be established within the Maritime Safety Agency to include all relevant policy frameworks that will strengthen the State in\nAnnex, page 61\nexercising its flag, port and coastal State maritime obligations. Relevant legislations and guidelines will be updated to empower the surveyors to detain ships for non-compliance. This corrective action will be completed by 29 November 2019.\n', "FD\n418 The State did not comply with the criteria for the selection, qualification and training of its surveyors (III Code, paragraph 28; III Code, paragraph 34; III Code, paragraph 35; III Code, paragraph 36).\nRoot cause\n419 The State's existing programme, procedures and processes for selection, nomination, employment, qualification and training of surveyors were based on initial stage of engagement only. These processes and procedures were applied in practice to a large extent but were not formally documented and brought into force.\nCorrective action\n420 The Merchant Shipping Regulation on surveyors and ROs will be developed and gazetted using the RO Code and related circulars. Guidelines and procedures incorporating criteria for the recruitment and nomination of nominated surveyors will be developed. The Administration will formally adopt and periodically implement initial and refresher training programmes for surveyors. This corrective action will be completed by 29 December 2017.\n", 'FD\n421 The State did not grant authorization through the required agreements to its ROs in accordance with the applicable requirements of the international mandatory instruments (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 8; III Code, paragraph 18; III Code, paragraph 20).\nRoot cause\n422 There was a lack of adequate in-house capacity to undertake this function. The requirements for the selection, assessment, evaluation, recognition, oversight and supervision of ROs were applied without systematic approach. Previous draft agreements did not incorporate the RO Code and authorizations were not documented and no instructions or performance standard requirements were established for ROs.\nCorrective action\n423 The Merchant Shipping Regulations on recognized organizations will be developed using the RO Code and related circulars. Guidelines directing policies, procedures or processes will be developed and promulgated for the selection, assessment, evaluation, recognition, oversight and supervision of ROs. The Administration will enter into legal agreements with its ROs based on the outcome of internal and independent audits. Performance evaluation indices will be made as broad based as practicable to allow for effective monitoring and systematic follow-up of the ROs. This corrective action will be completed by 31 December 2018.\nAnnex, page 62\n', 'FD\n424 Casualty investigations were conducted, but they were not in compliance with the mandatory requirements to ensure impartiality, objectivity and independence of investigators (SOLAS 1974, regulation I/21; MARPOL, article 12.1; Casualty Investigation Code, paragraph 1.3; Casualty Investigation Code, paragraph 11.1; III Code, paragraph 38; III Code, paragraph 39; III Code, paragraph 40; III Code, paragraph 41).\nRoot cause\n425 The existing legislative provision of the State that established the framework for Marine Casualty Investigations was focused on criminal negligence and prosecution, downplaying safety and classified reports. The State did not previously consider establishing an independent casualty investigation unit. Accident investigations were criminalized and investigation reports were classified without releasing lessons learnt to the public.\nCorrective action\n426 The State will adopt resolutions MSC.255(84) and A.1075(28)) when promulgating the Merchant Shipping Regulations on Marine Safety Investigations and Marine Casualties and Incidents. The State will further establish a Marine Accident Investigation Bureau, with well trained and dedicated accident investigators and also develop procedures and policies to address the impartiality, objectivity and independence of casualty investigations. Recommendations after a safety investigation report will be duly disseminated, implemented or followed. This corrective action will be completed by 31 December 2018.\n', 'FD\n427 It was established that there was no specific requirement for fitting of type-approved equipment on ships entitled to fly the flag of State consistent with the provisions of the mandatory IMO instruments. Also there was no mechanism for confirming or verifying that oil filtering equipment and sewage treatment plants meet the requirements of MARPOL, including performance and test specification (SOLAS 1974, regulation IV/14.1; SOLAS 1974, regulation V/18.1; MARPOL, Annex I, regulation 14.6; MARPOL, Annex IV, regulation 9.1; III Code, paragraph 15.1).\nRoot cause\n428 The Administration had not identified the specific requirements for fitting type-approved equipment on its ships under the applicable IMO instruments, and as such did not have the related national legislation. The Administration had not specifically indicated a mechanism, including the required competencies and qualified personnel, to verify and confirm that the oil filtering equipment and sewage treatment plants installed on ships entitled to fly the flag of the State met the requirements of MARPOL.\nCorrective action\n429 The Administration will retain the required expertise to review and identify specific requirements for fitting of type-approved equipment on ships under the various mandatory IMO instruments and will communicate this information to the industry, as required. Where identified, the Administration shall strive to indicate any amendments to the national legislation pertaining to these specific requirements and establish a mechanism to verify type approved equipment. Information on inspection conducted by the Ship Surveys and Inspection team on\nAnnex, page 63\nMARPOL defects will be communicated and shared with the Marine Environment Protection Department. This corrective action will be completed by 30 December 2018.\n', 'FD\n430 The Administration did not have guidance or procedures for providing interpretation or interpretation concerning those requirements found in several mandatory IMO instruments that are left to the satisfaction of the Administration (III Code, paragraph 16.5).\nRoot cause\n431 Due to resource constraint, the Administration had not formalized or documented its management system and operational manuals to implement the applicable international rules and regulations; provide interpretation on the mandatory IMO instruments that are left "to the satisfaction of the Administration"; evaluate and approve submissions for granting exemption from any requirement of the IMO instruments to which the State is a Party.\nCorrective action\n432 The Administration will establish and formalize a management system aligned to the ISO 9001 Quality Management System Standards by January 2018, which will incorporate procedures for addressing those requirements that are left "to the satisfaction of the Administration" and for the provision of interpretations as may be required. The Administration will establish and conduct a continuous improvement programme thereafter to ensure all systems and procedures are up-to-date and the respective departments affected are kept informed. The Administration will retain sufficient qualified and trained personnel for the implementation of IMO instruments. This corrective action will be completed by 30 December 2017.\n', 'FD\n433 The Administration had not developed policies, guidelines or procedures for issuing of Safe Manning Certificates to ensure that ships entitled to fly the flag of the State are sufficiently and efficiently manned, taking into account resolution A.1047(27) (SOLAS 1974, regulation V/14; III Code, paragraph 17).\nRoot cause\n434 There was no requirement for determining minimum safe manning levels and for Safe Manning Certificates to be issued in line with resolution A.1047 (27). The Merchant Shipping STCW Regulation 2016, which includes such requirement, had not been gazetted to give effect to the amended policy and procedure.\nCorrective action\n435 The State will gazette the Merchant Shipping STCW Regulation 2016 and implement all policies and procedures in meeting the requirement as stated therein. The State will issue Safe Manning Certificates to ships based on the IMO document and the Guidelines on the Principles of Safe Manning. The State will conduct inspections of ships with coastal minimum safe manning certificates and issue them with appropriate Safe Manning Certificates, based on the new policy and regulations. This corrective action will be completed by 31 December 2018.\nAnnex, page 64\n', 'FD\n436 There was no evidence to confirm that the State had issued specific instructions to all its ROs detailing the procedures to be followed in carrying out statutory certification and services, and actions to be followed in the event that a ship is found not fit to proceed to sea without danger to the ship or persons on board, or presenting unreasonable threat of harm to the marine environment (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragraph 18.3).\nRoot cause\n437 Lack of understanding on specific requirements. Non availability of national legislation and procedures to issue specific instructions to ROs.\nCorrective action\n438 The State will conclude agreements with the six ROs authorized to act on its behalf, to include specific requirements to be followed if a ship is found not fit to proceed to sea without danger to the ship or persons on board, or presenting unreasonable threat of harm to the marine environment. The State will review the performance of its ROs on a regular basis to ensure compliance of the ROs with instructions of the Administration. Flag State Inspectors will be trained on these specific flag State implementation requirements. This corrective action will be completed by 30 December 2017.\n', "FD\n439 The State did not grant authorization to its ROs in accordance with the applicable requirements of the international mandatory instruments (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; RO Code, part 1, section 4.2; III Code, paragraph 18; III Code, paragraph 20).\nRoot cause\n440 The State did not have any procedure and process in place for the authorization of ROs, and there was insufficient qualified and trained personnel to verify the capabilities of ROs in line with the RO Code.\nCorrective action\n441 The State will develop procedures and processes for the delegation of authority to ROs, which will include assessment criteria to identify suitable RO to act on its behalf. The State will conclude agreements with those RO's to whom it intends to delegate its survey and certificate functions, consistent with the provisions of the RO Code, and will include stipulations to address national laws and interpretations, as well as action to be taken in case a ship is not in compliance with requirements. The State will retain the services of qualified and trained personnel to undertake periodic review and monitoring of the ROs acting on its behalf. This corrective action will be completed by 30 December 2018.\n", 'FD\n442 There was no evidence to indicate that the Administration had established measures to carry out periodic inspections of its flag ships in order to secure observance of international rules and standards by ships entitled to fly the flag of the State (III Code, paragraph 22.2).\nAnnex, page 65\nRoot cause\n443 There was a limited number of qualified flag State inspectors available to conduct periodic inspections and to establish a full inspection programme for ships entitled to fly the flag of the State.\nCorrective action\n444 The maritime authority will formalize a training programme to cater for all new inspectors and a refresher training programme for existing inspectors. The Administration will recruit more suitably qualified flag State inspectors, who will be required to undergo the training programme and periodic inspection programme for ships entitled to fly the flag of the State. This corrective action will be completed by 30 December 2018.\n', 'FD\n445 It was established that the penalties under the current Merchant Shipping Act are insufficient and not adequate to discourage violations of international laws, rules and standards by ships entitled to fly of the State (III Code, paragraph 22.5).\nRoot cause\n446 The Merchant Shipping Act 1975 is outdated. A new Merchant Shipping Bill had been completed with increased penalties; but had not been enacted as yet due to lengthy legislative process.\nCorrective action\n447 The State will adopt the updated new Merchant Shipping Act within the next two years to give effect to the increased penalties to discourage violation of international and national rules and regulations. This corrective action will be completed by 30 December 2018.\n', "FD\n448 The Administration had not ensured that appropriate number of qualified personnel was available with the necessary maritime expertise needed to implement and enforce the provisions of the relevant mandatory IMO instruments as a flag State (III Code, paragraph 24).\nRoot cause\n449 The State did not have a suitable structure in place and a trained marine accident investigator to carry out impartial investigations. This was due to limited resources available to the Administration and the laws were not up-to-date. Additionally the lack of sufficiently qualified personnel with maritime expertise was a hindrance to fully implementing and enforcing the applicable provisions of the mandatory instruments.\nCorrective action\n450 The State's existing Accident Investigation Board currently conducts aviation investigations under ICAO requirements. The Act establishing the Accident Investigation Board will be revised to include marine casualty investigations in line with the provisions of the IMO Casualty Investigation Code. The staff of the Accident Investigation Board will undergo formalize training programme specific for the conduct of marine casualty investigations. The\nAnnex, page 66\nState will undertake to retain the services of additional personnel with the requisite maritime expertise. This corrective action will be completed by 30 December 2018.\n", "FD\n451 It was established that the Administration did not have guidance or mechanism in place to ensure appropriate corrective measures are taken to bring a ship entitled to fly the flag of the State into immediate compliance with applicable international instruments when the ship had been detained by a port State (III Code, paragraph 25).\nRoot cause\n452 In most cases the State did not receive the obligatory report from the PSC authorities, as required by SOLAS chapter 1, regulation 19(d). Insufficient cooperation of the shipping companies in their obligation to advise the Administration as required by the national legislation, as well as SOLAS chapter 1, regulation 11(c) resulting in a situation where no actions were taken against ships entitled to fly the flag of the State, which failed to report detentions.\nCorrective action\n453 The maritime authority will provide specific instructions by way of a circular to ship owners and Masters for them to report PSC detention to the maritime authority. A documented procedure will be developed for the maritime authority to oversee corrective measures taken when a ship that is entitled to fly the flag of the State is detained by a port State. This will include a flag State inspector's visit on board the detained ship or attendance by the RO, where required. This corrective action will be completed by 30 December 2017.\n", 'FD\n454 There was evidence to confirm that flag State inspection was not always carried out by authorized flag State inspectors. There was no evidence to confirm that the Administration had a documented system for qualification for its surveyors/inspectors, a programme for training of new ones and continuous updating the knowledge as appropriate to the tasks they are authorized to undertake. There was evidence to confirm that no identification was provided to determine the authorization granted to perform the task (III Code, paragraph 35; III Code, paragraph 37).\nRoot cause\n455 Some of the new inspectors had not been trained and duly authorized to conduct flag State inspection.\nCorrective action\n456 The Administration will grant appropriate authorization to all new inspectors who have completed a training programme to conduct flag State inspections and shall provide all inspectors with Identification document, indicating the authorization to carry out inspections. This corrective action will be completed by 30 December 2017.\n', 'FD\n457 Casualty investigation reports are not provided to IMO, and results from investigation of incidents involving personal injuries and death occurring on board ships entitled to fly the\nAnnex, page 67\nflag of the State are not made public (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; LL 1966, article 23; Casualty Investigation Code, paragraph 1.3; Casualty Investigation Code, paragraph 6.2; III Code, paragraph 41).\nRoot cause\n458 The requirements of the Casualty Investigating Code had not been incorporated into national law. Therefore, procedures for the conduct of casualty investigations and the reporting to IMO thereof had not been adopted nor had they been documented in the management system. There was no suitably qualified person to assist in the development/drafting of a procedure and to address the requirements of the Code, including reporting to IMO.\nCorrective action\n459 The Casualty Investigation Code will be incorporated into national legislation through the amendment to the Accident Investigation Board Act. The maritime authority will endeavour to have in place a documented management system inclusive of the casualty investigations and reporting to IMO. The maritime authority will identify suitable personnel to undergo training in casualty investigation for the purpose of conducting investigations within the Accident Investigation Board. The maritime authority will provide IMO with reports of investigations conducted on marine casualty. This corrective action will be completed by 30 December 2017.\n', 'FD\n460 There was no system in place for the Administration to periodically evaluate its performance in respect of implementation of administrative processes, procedures and resources necessary to meet its obligation and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n461 The Administration had not developed and formalized a management system that is aligned to an international standard and had not identified suitably qualified personnel to conduct periodic evaluation of its flag State activities.\nCorrective action\n462 The State, through the maritime authority will develop a formal management system in 2017 that will be aligned to an international standard and will carry out periodic evaluation of the performance of the Administration in meeting all the requirements as of the mandatory IMO instruments as a flag State. The State will conduct a review of the management system annually, beginning in 2017, to ensure that the findings of the IMSAS Audit and other findings identified in previous audit are addressed effectively. This corrective action will be completed by 30 December 2018.\n', "FD\n463 The Administration was not able to demonstrate that its performance had been evaluated on a periodical basis with regard to the implementation of administrative processes, procedures and resources necessary to meet its obligations as required by the instruments to which the State is Party (III Code, paragraph 42).\nAnnex, page 68\nRoot cause\n464 Lack of implementation of a management system within the maritime administration which allows the evaluation of its performance regarding the State's obligations under the ratified international instruments.\nCorrective action\n465 A monitoring and control committee comprising representatives of government entities dealing with maritime affairs will be established and will be led by the maritime administration. Procedures for continuous monitoring and periodical administrative and operational evaluation will be established as a basis for periodic assessment of performance with respect to the implementation of activities, programmes, processes and institutional policies focused on compliance with the mandatory IMO instruments. This corrective action will be completed by 31 March 2017.\n", 'FD\n466 The Administration did not developed appropriate policies for the issuance of national legislation technical guidelines or procedures, which would assist in the implementation and enforcement of the requirements of SOLAS 1974 (III Code, paragraph 15; III Code, paragraph 16.1).\nRoot cause\n467 Lack of a dedicated unit in charge of monitoring and incorporating SOLAS 1974 amendments into national legislation.\nCorrective action\n468 A department of the maritime administration had been appointed to developed policies and appropriate procedures in order to ensure the implementation and compliance with the SOLAS 1974 provisions. Besides, a procedure for the follow-up and monitoring of amendments to SOLAS 1974 will be established and implemented. This corrective action will be completed by 31 May 2017.\n', 'FD\n469 The Administration did not guarantee that ships entitled to fly the flag of the State are sufficiently and efficiently manned, taking into account relevant and existing measures such as the Principles of Safe Manning adopted by IMO (SOLAS 1974, regulation V/14; III Code, paragraph 17).\nRoot cause\n470 Applicable national regulations were not kept updated and there was a lack of coordination among State entities involved in the process of implementation of the minimum safety manning requirements, taking into account the principles adopted by IMO.\nCorrective action\n471 Resolutions of the maritime administration will be developed and implemented in order to ensure compliance with regulation V/14 of SOLAS 1974 and related guidelines. This corrective action will be completed by 31 December 2017.\nAnnex, page 69\n', 'FD\n472 No evidence could be found on the measures taken by the Administration to provide guidance concerning those requirements of the applicable IMO instruments that are left to the "the satisfaction of Administration" (III Code, paragraph 16.5).\nRoot cause\n473 The responsibility for ensuring the adequacy of national regulations transposing the provisions of the international instruments was not assigned.\nCorrective action\n474 Technical Departments of the maritime administration has been appointed as responsible for the formulation of guidelines on those requirements of relevant IMO instruments that are left to the satisfaction of the Administration, for application to ships entitled to fly the flag of the State. Besides, procedures will be developed and resources allocated in order to fulfil these provisions. This corrective action will be completed by 31 December 2017.\n', "FD\n475 The Administration did not define and document the responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention, mainly for the flag surveyors. Furthermore, the Administration did not implement a documented system for qualification of personnel and continuous updating of their knowledge as flag State surveyors and it did not issue an identification document for the surveyor to carry when performing his/her tasks (III Code, paragraph 28; III Code, paragraph 35; III Code, paragraph 36; III Code, paragraph 37).\nRoot cause\n476 Lack of awareness of the need to establish proper training for flag State surveyors, to define clear job descriptions and to issue an identification document.\nCorrective action\n477 Administration's resolutions will be developed establishing responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention, mainly for the flag State surveyors. A documented training programme for the Administration's flag State surveyors has been developed and adopted by a maritime authority's general order. Regarding the identification document for the flag surveyors and related staff that deal with maritime safety, a resolution containing the provisions for its issuance will be established. The responsibility for the issuance of the identification document will be assigned to a division of the maritime administration. This corrective action will be completed by 31 March 2017.\n", 'FD\n478 The Administration did not implement the provisions of the Casualty Investigation Code in relation to:\n.1 appropriate qualifications and knowledge of the investigators relating to casualty investigation;\nAnnex, page 70\n.2 impartiality and objectivity of the investigators; and\n.3 availability of the final investigation report to the public and the shipping industry\n(Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n479 Lack of awareness of the requirements related to casualty investigation, including communication of the results to the maritime sector.\nCorrective action\n480 A responsible unit will be created, taking into account the need to ensure the objectivity and impartiality of investigators. Relevant policies, guidelines and necessary formal procedures for conducting maritime casualty investigations in accordance with the relevant international instruments will be developed and implemented. In addition, required qualifications and knowledge of the investigators will be defined, as well as the requirements for dissemination of the reports to the public. This corrective action will be completed by 30 June 2017.\n', "FD\n481 There was no communication of information and reports to IMO as required by the mandatory IMO instruments to which the State is a Party (STCW 1978 regulation I/7.4; STCW Code, section A-I/7.4, paragraph 5; STCW Code, section A-I/7.4, paragraph 6; Casualty Investigation Code, paragraph 14.1; III Code, paragraph 41).\nRoot cause\n482 Lack of a documented procedure for the controlled and systematic communication to IMO of information required by the mandatory IMO instruments, both at the national and entities' level.\nCorrective action\n483 As an immediate measure, all pending information will be communicated to IMO by the relevant government entities. Procedures for reporting to IMO will be developed by the government agencies involved in order to ensure that the requirements of the applicable mandatory IMO instruments are met. Implementation of these procedures will be regularly assessed with the purpose of verifying compliance. This corrective action will be completed by 31 December 2016.\n", 'FD\n484 The Administration had not implemented policies or procedures to assist personnel in the implementation and enforcement of the requirements of all mandatory provisions to which it is a Party, including the provision of guidance concerning those requirements that are left "to the satisfaction of the Administration" (III Code, paragraph 15.1; III Code, paragraph 16.1; III Code, paragraph 16.5).\nRoot cause\n485 Due to an incomplete procedure it was not possible to fulfil this requirement.\nAnnex, page 71\nCorrective action\n486 The Administration will revise and update existing procedures by the issuance of associated working instructions. The existing standards developed by IMO; IACS unified interpretations; and the interpretations adopted by other maritime administrations will be taken into account and related information will be provided to all stakeholders and made available to the public. This corrective action will be completed by 31 October 2016.\n', 'FD\n487 The Administration had not established a safety and environmental protection programme, including follow-up on ships flying the flag of the State detained in foreign ports and any related corrective actions, could not be presented and verified by the audit team (III Code, paragraph 16.1).\nRoot cause\n488 The lack of specialized personnel in maritime issues in the Administration did not always allow the required follow-up of the ships flying the flag of the State after they were detained in foreign ports, including undertaking any related corrective action.\nCorrective action\n489 The Administration will increase the number personnel with maritime expertise in order to ensure full implementation of the obligations established at the international and national level. This corrective action will be completed by 1 May 2017.\n', "FD\n490 The Administration established an oversight policy for monitoring of the ROs, nevertheless, it was not fully implemented, neither in State's main registry nor in the State's second international registry (III Code, paragraph 20).\nRoot cause\n491 The lack of personnel with maritime expertise in the Administration did not allow for the implementation of the monitoring of the ROs.\nCorrective action\n492 The Administration will increase its workforce of personnel with maritime expertise in order to ensure the effective oversight of ROs through the implementation of its national legislation and policies for monitoring of ROs. This corrective action will be completed by 31 December 2018.\n", 'FD\n493 The State had not implemented a documented system for qualification of personnel and continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake (III Code, paragraph 35; III Code, paragraph 38).\nAnnex, page 72\nRoot cause\n494 Due to a lack of effective implementation of the existing procedure concerning the execution of the training plan, the technical personnel of the Administration did not receive regular training in order to update their knowledge.\nCorrective action\n495 The Administration will strengthen its compliance with the relevant training procedure and a qualification matrix will be created and included into the quality system in order to identify the tasks that each inspector can be authorized to undertake. This corrective action will be completed by 30 November 2016.\n', "FD\n496 The Administration has not evaluated its performance with respect to the implementation of administrative processes and procedures regarding the flag State inspections on a periodic basis (III Code, paragraph 42).\nRoot cause\n497 Due to the insufficient number of personnel with maritime expertise in the Administration, periodic evaluation of performance could not be conducted and there was insufficient capacity to keep updated all the supporting documentation needed to carry out inspections on board ships.\nCorrective action\n498 As an immediate correction, all outdated inspection checklists will be discontinued. The Administration will increase its workforce of specialized personnel and a mechanism for periodic evaluation of performance regarding flag State inspections will be introduced. The supporting documentation and, in particular, checklists used to carry out inspections will be kept updated and included in the Administration's quality system. This corrective action will be completed by 31 December 2018.\n", 'FD\n499 Although there were marine accidents reported, the responsible government entity had not completed any accident reports, including recommendations, since 2015 (III Code, paragraph 38; Casualty Investigation Code, paragraph 14.4).\nRoot cause\n500 Due to the absence of the Head of the governmental agency in charge of marine casualties and the lack of investigators, the requirements for conducting marine accident investigations and reporting were not fulfilled.\nCorrective action\n501 The governmental agency in charge of marine casualties will conclude the investigations of marine accidents that have already started and will upload relevant reports accordingly on its own website and in GISIS. In addition, in order to process new investigations, a new job description and related competencies will be developed and a new investigator recruited. This corrective action will be completed by 31 December 2016.\nAnnex, page 73\n', 'FD\n502 The Administration had not implemented policies and guidance that would facilitate implementation and enforcement of the requirements of all conventions and protocols relating to safety and pollution prevention to which the State is a Party and had not assigned responsibilities for updating the requirements (III Code, paragraph 15).\nRoot cause\n503 The absence of regulations and legal basis in national legislation, the lack of documented procedures and human and financial resources greatly contributed to this finding.\nCorrective action\n504 The Administration will develop and implement national regulations and guidelines to facilitate the implementation of, and monitoring of compliance with, the requirements of all the conventions, their amendments and all the protocols related to safety and pollution prevention to which the State is Party. In addition, the Administration will strengthen its human capacity and assign and document the responsibilities of the personnel in relation to these tasks. This corrective action will be completed by 31 December 2019.\n', 'FD\n505 The Administration had not established any processes to:\n.1 administer a programme comprising of administrative instructions to implement applicable rules and an audit and inspection programme;\n.2 develop and document instructions for the requirements of the international instruments which were left "to the satisfaction of the Administration";\n.3 establish administrative arrangements to ensure that captains, officers and other seafarers serving on board ships flying the flag of the State were competent; and\n.4 issue statutory certificates to ships according to the models prescribed in the mandatory IMO instruments to which the State is Party\n(SOLAS 1974, regulation I/15; LL 1966, article 18; MARPOL, Annex I, regulation 9; STCW 1978, regulation I/10.1; STCW 1978, regulation I/10.2; TONNAGE 1969, article 9; III Code, paragraph 16.1; III Code, paragraph 16.2; III Code, paragraph 16.3.5; III Code, paragraph 16.5).\nRoot cause\n506 Lack of understanding of the provisions of the III Code, absence of a legal basis and administrative arrangements for implementation of an independent audit and inspection programme.\nCorrective action\n507 Relevant national legislation will be amended to introduce the obligation of establishing the means and procedures for administering a safety and environmental protection programme in accordance with the requirements of the III Code. The Administration will develop and implement administrative instructions and provisions, as well as an\nAnnex, page 74\nindependent system of audits and inspections to ensure effective implementation of mandatory rules and standards stemming from the relevant IMO instruments, including interpretations left to the "satisfaction of the Administration". An inspection campaign will be carried out on board ships flying the flag of the State and it will be ensured that the statutory certificates issued to ships follow the models as required by the relevant IMO instruments. This corrective action will be completed by 31 December 2019.\n', 'FD\n508 Following the authorization of ROs, the Administration had not ensured that these organizations meet the requirements specified in the RO Code, particularly regarding the resources and technical capabilities, as well as internal evaluation using a QMS. In addition, the Administration had not implemented or participated in an oversight programme using adequate resources to monitor the ROs and communicate relevant information to IMO (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 1, section 5; RO Code, part 2, section 8; III Code, paragraph 18.1; III Code, paragraph 20).\nRoot cause\n509 The legal basis for delegation of authority to ROs was insufficient and not in line with the international obligations adopted by IMO, particularly the RO Code. Also, the lack of human resources and qualified personnel to carry out an oversight programme of the activities of ROs were at the origin of this finding.\nCorrective action\n510 The Administration will develop and implement national legislation governing the delegation of authority and authorization of ROs, will strengthen its human resources capacity with qualified personnel, develop and implement a training plan for its inspectors and documented procedures for monitoring of ROs and communicating with them. The existing delegation of authority agreements with ROs will all be revised to ensure compliance with the mandatory provisions applicable to the delegation of authority and recognition of ROs. The Administration will exercise its authority to conduct supplementary surveys and inspections and ensure that ships entitled to fly the flag of the State comply with the mandatory international requirements. This corrective action will be completed by 31 December 2018.\n', "FD\n511 The accident investigations conducted by the Administration were not conducted in accordance with the provisions set out in the Casualty Investigation Code and the relevant investigation reports, together with the flag State's recommendations, were not communicated to IMO (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 1.3; Casualty Investigation Code, paragraph 14.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 41).\nRoot cause\n512 Lack of knowledge of the regulations; lack of monitoring of the developments of international regulations; lack of understanding of the transposition of mandatory IMO instruments into national legislation, including impartiality and objectivity of investigators engaged in marine safety investigations; and insufficient qualified personnel to carry out the investigations.\nAnnex, page 75\nCorrective action\n513 The Administration will develop and implement legislation transposing the requirements of the Casualty Investigation Code, it will create and establish a unit for the conduct of marine safety investigations, recruit qualified personnel to carry out investigations and develop guidelines and procedures for the conduct of these investigations and communicating their results to IMO and to the public. This corrective action will be completed by 31 December 2019.\n", 'FD\n514 The Administration had not conducted any periodic assessment or review of its performance to meet its obligations under the mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n515 Lack of a QMS and periodic evaluation of flag State activities.\nCorrective action\n516 The Administration will establish a QMS and institutionalize a documented programme to periodically evaluate and review its performance. Annual performance targets will be set and relevant personnel will be trained in QMS. This corrective action will be completed by 31 December 2019.\n', 'FD\n517 There was objective evidence indicating that ROs had not been duly assessed in accordance with the required standards for ROs acting on behalf of the Administration, which were mandatory at the time of authorization, before signing the formal authorization agreements. Provisions of the RO Code were not considered. In addition, the Administration had not provided specific instructions to some of the ROs on actions to be taken in the event that a ship is found unfit to proceed to sea without danger to the ship or persons on board, or is found to present a threat of harm to the marine environment. Also, there was no evidence that national laws have been provided to ROs with whom agreements have been concluded (SOLAS 1974, regulation XI-1/1; III Code, paragraph 18.1; III Code, paragraph 18.3; III Code, paragraph 18.4).\nRoot cause\n518 Due to the lack of procedure, capacity and human and financial resources, ROs had not been assessed in accordance with the required standards and the Administration had not provided specific instructions to some of the ROs.\nCorrective action\n519 The Ministry responsible for maritime affairs will develop a procedure, provide required resources and determine an organizational unit, which will, among others, be responsible for the assessment of ROs. The Ministry will also adopt specific additional instructions to ROs, including instructions on actions to be taken in the event that a ship is found unfit to proceed to sea without danger to the ship or persons on board, or is found to be a threat to the marine environment. The instructions will be sent to all ROs, companies and stakeholders. This corrective action will be completed by 1 June 2017.\nAnnex, page 76\n', 'FD\n520 There was objective evidence to confirm that the Administration did not have sufficient resources in order to ensure investigations into casualties are conducted (III Code, paragraph 16.4).\nRoot cause\n521 Lack of capacity and financial resources to engage sufficient resources in the entity responsible for investigation of accidents to ensure the conduct of investigation of marine casualties.\nCorrective action\n522 In accordance with the approved funds in the State budget, the entity responsible for investigation of accidents will engage sufficient resources to ensure the conduct of investigation of marine casualties. This corrective action will be completed by 1 January 2018.\n', 'FD\n523 It was established that the Administration did not have a policy for developing, documenting and providing guidance concerning those requirements that are left "to the satisfaction of the Administration" in relevant mandatory IMO instruments and interpretations of mandatory instruments (III Code, paragraph 16.5).\nRoot cause\n524 As a consequence of having a QMS in place only for STCW 1978, specific policy and procedure addressing the requirements that are left "to the satisfaction of the Administration" in relevant mandatory IMO instruments were not developed.\nCorrective action\n525 The Ministry responsible for maritime affairs will establish a QMS and relevant policy and procedures to implement the requirements of the mandatory IMO instruments and related interpretations, including guidance with regard to the requirements that are left "to the satisfaction of the Administration" in relevant mandatory IMO instruments. This corrective action will be completed by 1 January 2018.\n', 'FD\n526 There was evidence that the dispensations from manning requirements were not issued in accordance with STCW 1978 and information on the dispensations granted was not communicated to IMO (STCW 1978, article VIII; III Code, paragraph 16.3).\nRoot cause\n527 Although there is enabling national legislation for granting dispensations in accordance with article VIII of STCW 1978, due to inadequate technical and legal proficiency, there were no specific procedures established under the relevant national legislation for granting dispensations. Adequate national legislation to ensure communication and its verification had not been established at the national level.\nAnnex, page 77\nCorrective action\n528 Procedures will be established and will include a circular with reference to article VIII of STCW 1978, defining the rules for issuing dispensations and requiring the Administration to report annually to IMO. This corrective action will be completed by 31 December 2017.\n', 'FD\n529 There was evidence that the processes and procedures established were inadequate for timely issuance of administrative instructions and interpretative national regulations, where necessary, to give full effect to the applicable instruments. This includes instructions on issuing exemptions, equivalents, type approvals or alternative arrangements (III Code, paragraph 16.1).\nRoot cause\n530 There was a delay in transposing the mandatory IMO instruments into national legislation due to a lack of institutional priority. Lack of necessary technical and legal awareness and knowledge of the requirements of the relevant IMO instruments, including non-availability of qualified, appropriately funded and competent human resource, have contributed significantly to this finding.\nCorrective action\n531 Relevant national legislation and instructions on issuing exemptions, equivalents and interpretative national requirements will be established. In the interim, wherever possible within the prevailing legal framework, the maritime administration will issue the necessary policy and guidelines, for implementation of the mandatory IMO instruments. Recruitment of the necessary professionals with maritime expertise shall be ensured. This corrective action will be completed by 31 December 2018.\n', 'FD\n532 No evidence could be found about the measures taken by the Administration to provide guidance concerning those requirements that are left to "the satisfaction of Administration" (III Code, paragraph 16.5).\nRoot cause\n533 In the absence of national legislation, clear policies, regulations and guidelines to address the areas left "to the satisfaction of Administration" in the mandatory IMO instruments remained undefined.\nCorrective action\n534 The term "to the satisfaction of the Administration" will be identified in all the mandatory IMO instruments concerned and appropriate implementation will be ensured. The procedures under QMS will be reviewed in order to utilize the system provided by the Merchant Shipping Act for issuing Merchant Shipping Notices and Circulars for future cases. This corrective action will be completed by 31 July 2018.\nAnnex, page 78\n', "FD\n535 The Administration did not implement policies through issuing national legislation and guidance, which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which it is a Party. In addition, division of responsibilities of government entities participating in the implementation and enforcement of applicable mandatory IMO instruments was not clearly defined and documented (III Code, paragraph 15).\nRoot cause\n536 Deficiency of regulation that defines the powers of national institutions involved in the implementation and enforcement of the requirements of the mandatory IMO instruments. Lack of necessary technical and legal awareness and knowledge of requirements of the relevant IMO instruments, including non-availability of qualified personnel, appropriate funding and competent human resource, have contributed significantly to this finding.\nCorrective action\n537 The State is currently taking steps to expedite the transposition of IMO instruments into national legislation. Restructuring and revamping the Maritime Safety Administration and creating specific posts to attend to specific requirements of the mandatory IMO instruments will be taken up as a priority by the State. The maritime administration's policies on the implementation of the relevant mandatory IMO instruments will be developed and dedicated personnel will be responsible for updating and revising any relevant policy as a matter of priority. To ensure continued compliance with its responsibilities, the maritime administration will submit quarterly report to the Minister responsible for transport regarding its assessment on activities related to the implementation of the mandatory IMO instruments by the State. The maritime administration will ensure the development of regulation defining powers and responsibilities for each national institution involved in the implementation and enforcement of the mandatory IMO instruments. This corrective action will be completed by 31 December 2018.\n", "FD\n538 The authority for carrying out statutory work was delegated to ROs without determining their capability to accomplish the assigned tasks. There was evidence of cases where the statutory certification activities on behalf of the Administration were carried out by the ROs outside the scope of the formal written agreement (III Code, paragraph 18).\nRoot cause\n539 National legislation was obsolete and did not cover the requirements relating to verification of ROs' resources and capabilities. The Administration had insufficient qualified personnel with the competence to verify ROs' resources and capabilities.\nCorrective action\n540 The RO requirements adopted by IMO under the mandatory instruments shall be incorporated into national legislation and shared with the ROs. The Administration will issue regulations for authorizing ROs to carry out certain flag State activities on behalf of the State. Ship surveys and certification functions, with specific conditions, including criteria for consideration of resources and capabilities of ROs will be included as part of the revised agreements to be concluded with ROs. Periodic evaluation measures will be detailed within\nAnnex, page 79\nQMS to verify full comprehension of the State's objectives and responsibility by all ROs. National laws and interpretations thereof, or related instructions will be provided to all ROs. This corrective action will be completed by 31 December 2018.\n", "FD\n541 The Administration did not establish an oversight programme nor provided adequate resources for monitoring the survey and certification activities delegated to ROs and persons acting on its behalf (RO Code, part 2, section 4; III Code, paragraph 20).\nRoot cause\n542 Lack of national legislation, subsidiary regulations and the necessary expertise to evaluate and monitor ROs, as well as the lack of financial resources to verify ROs' resources and capabilities.\nCorrective action\n543 The Administration will develop an oversight programme for the monitoring of its ROs. This will include, inter alia, better monitoring of the performance of ROs. QMS auditors will undertake internal and external audits to assess and review the authorization granted to ROs. This corrective action will be completed by 31 December 2018.\n", "FD\n544 The State did not ensure compliance with the applicable instruments through national legislation, development and implementation of policies for enforcement and by making available sufficient number of qualified and adequately trained personnel, including flag State surveyors and investigators (III Code, paragraph 24).\nRoot cause\n545 Transposition of the relevant IMO conventions, including provision of adequate basis for enforcement of national legislation, had not been given institutional priority due to lack of necessary technical and legal awareness, knowledge of requirements of the relevant IMO instruments, including non-availability of qualified and competent human resource and insufficient financial resources.\nCorrective action\n546 Relevant laws are currently under review and the issue of ensuring compliance shall be addressed accordingly. Procedures within national legislation and administrative system of the responsible government entities will be developed to address compliance mechanism with the applicable international instruments. The mandate of working groups (technical and legal) created to work on IMSAS audit will be expanded and a recommendation will be made to make it a permanent body to deal with the mandatory IMO instruments. Capacity building between enforcement agencies and key stakeholders will be conducted to harmonize the implementation of national legislation. More train the trainer's workshops and seminars will be held. More professionals will be recommended for IMLI and WMU courses. The Maritime Safety Administration will be restructured and revamped and specific posts will be created to attend to specific requirements of the IMO conventions. This corrective action will be completed by 31 December 2017.\nAnnex, page 80\n", "FD\n547 The process of endorsement followed by the Administration for recognition of Certificates of Competency under regulation I/10 of STCW 1978 is not fully in accordance with the applicable requirements. The provisions under STCW 1978, regulation I/10.1 are not incorporated into the procedures for recognition of seafarers' certificates issued by other Parties (e.g. knowledge of the maritime legislation of the State, relevant to the functions they are permitted to perform) (STCW 1978, regulation I/10.1; III Code, paragraph 27).\nRoot cause\n548 Provisions related to implementation and enforcement of this part of STCW 1978 was overlooked due to insufficient knowledge. There was no continuous follow-up and progressive improvement on the system that had been put in place.\nCorrective action\n549 Implementation of STCW 1978 will be prioritized. The Administration will take measures to address MoUs and agreements related to the recognition of CoC. Technical and legal team of experts will be sourced to assist the Administration. Competent experts will be recruited to ensure compliance with the requirements of the conventions. A review of the existing processes and corrective measures, as found necessary during the review, will be undertaken. This corrective action will be completed by 31 December 2017.\n", 'FD\n550 Although a Marine Accident Investigation Board directly reporting to the Minister responsible for transport was established, there was evidence that impartiality and objectivity of the members of the Board was not ensured. Furthermore, the provisions of the Casualty Investigation Code had not been complied with, in the investigation of casualties, and the reports of the investigation, as appropriate, were not forwarded to IMO, or made public (Casualty Investigation Code, paragraph 1.2; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n551 The creation of the Marine Accident Investigation Board did not fully comply with the Casualty Investigation Code due to inadequate national legislation.\nCorrective action\n552 The primary legislation addressing the Marine Accident Investigation Board will be amended in line with the Casualty Investigation Code. The Administration will establish a procedure and process, which will include written instructions for the completion of casualty investigation report forms and to ensure the results of casualty investigations are reported in accordance with the relevant IMO conventions and the Casualty Investigation Code. The QMS in place shall be revised accordingly. Conflict of interest within the board shall be addressed. Training and capacity building programmes for members of the Marine Accident Investigation Board shall be facilitated and regional experts will be identified and sourced as and when required. This corrective action will be completed by 31 December 2018.\nAnnex, page 81\n', "FD\n553 It was established that there were no defined and documented responsibilities, authority and interrelations of personnel who manage, perform and verify work relating to and affecting safety and pollution prevention. No documented system could be presented for qualification of flag State surveyors and continuous updating of their knowledge. The qualifications of the flag State surveyors did not encompass all the required areas of expertise. No identification documents were issued for surveyors carrying out flag State tasks (III Code, paragraph 28; III Code, paragraph 35; III Code, paragraph 36; III Code, paragraph 37).\nRoot cause\n554 In the absence of legislation, there were no established training systems and refresher training procedures for technical staff within the Administration, including flag State inspectors/surveyors. The guidelines on the recruitment of flag State inspectors/surveyors did not fully comply with the requirements of the III Code. The in-service training was not based on any systematic training model. There was insufficient integration between performance management and establishing specialized training needs for flag State surveyors.\nCorrective action\n555 The Administration shall strengthen internal processes and procedures and document responsibilities, authority and interrelations of personnel who manage, perform and verify work relating to and affecting safety and pollution prevention. Programmes for continuous updating of flag State surveyors' knowledge appropriate to the tasks they are authorized to undertake will be developed, documented and monitored routinely. Procedures under QMS will be written to address previous shortcomings in communication with flag State surveyors and to include periodical reporting on revised policies and circulars to enhance their knowledge of the activities of the Administration. The issuance of identification cards to flag State surveyors will be regulated and undertaken. This corrective action will be completed by 31 July 2018.\n", 'FD\n556 It was established that there was no mechanism of performance evaluation, review and measurement related to administrative processes, procedures and resources used to fulfil the obligations under IMO instruments (III Code, paragraph 42; III Code, paragraph 43).\nRoot cause\n557 There was inadequate technical comprehension and competent staffing. The QMS was very recently established to evaluate and review flag State processes, as required under the relevant IMO instruments. There was inadequate information and understanding on the implementation of obligations as a flag State and there was no maritime strategy for the implementation and enforcement of the mandatory IMO instruments, which determines the roles and responsibilities for setting up a procedure for periodical review and evaluation of performance in implementing and enforcing the IMO instruments by the State in its capacity as a flag State. There was a lack of an internal audit mechanism and technical know-how to develop such a mechanism.\nCorrective action\n558 The Administration will set up a procedure within the maritime strategy to periodically review and evaluate its activities as a flag State based on performance indicators linked to implementation and enforcement of the mandatory IMO instruments, with a view to continual\nAnnex, page 82\nimprovement. Appropriate legislation will be drafted to address the evaluation and review mechanism to include all agencies involved in flag State activities. The QMS shall be reviewed and updated. This corrective action will be completed by 31 July 2018.\n', 'FD\n559 The Administration had not implemented a documented system for qualification of personnel and continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake as surveyors (III Code, paragraph 35).\nRoot cause\n560 Training plan for flag State surveyors was developed shortly before the audit and was not fully implemented within the newly established QMS.\nCorrective action\n561 The Merchant Shipping Secretariat will develop and implement a comprehensive qualification and training road map for flag State surveyors, which will be implemented in conjunction with the established training system. A documented system will be established to keep track of all qualification and training needs, as well as completed training for individual surveyors. This corrective action will be completed by 31 December 2017.\n', 'FD\n562 The Administration did not take all the necessary measures to secure observance of international rules and standards by ships entitled to fly the flag of the State so as to ensure compliance with those international obligations under MARPOL (III Code, paragraph 22.2).\nRoot cause\n563 Non-existence of a comprehensive strategy in relation to making of national legislation to give full and complete effect to the provisions of IMO instruments.\nCorrective action\n564 The legislation needed for conducting periodic inspection of ships entitled to fly the flag of the State will be developed and will include clear assignment of responsibilities and authority for involved government entities. This corrective action will be completed by 19 December 2018.\n', 'FD\n565 There was no objective evidence to suggest that the State developed comprehensive policy in relation to enacting national legislation, rules and regulations to give full and complete effect to the provisions of applicable mandatory instruments to which it is a Party (III Code, paragraph 15.1).\nRoot cause\n566 A lack of an effective mechanism within the Administration to formulate, update and revise relevant policies in relation to making of national legislation, rules and regulations.\nAnnex, page 83\nCorrective action\n567 A mechanism enabling the Administration to formulate, update and regularly review relevant policies in relation to making of national legislation, rules and regulations will be developed. The responsibilities of relevant government entities in updating and revising policies for implementing national legislation stemming from international mandatory instruments will be clearly defined. To address gaps in implementing mandatory IMO instruments, such as MARPOL and SOLAS 1974, the Administration will develop policies to amend relevant national legislation in order to give full and complete effect to these mandatory instruments. This corrective action will be completed by 31 December 2018.\n', 'FD\n568 The Administration had not provided an appropriate number of qualified personnel to implement and enforce national legislation, including personnel for performing investigations and surveys (III Code, paragraph 24.2).\nRoot cause\n569 The wage structure of the government entities was not attractive compared to the private sector and hence it was difficult to recruit staff to the professional positions.\nCorrective action\n570 Attractive benefits and allowances will be introduced for professional posts, in addition to the present government wage structure, in order to encourage more seagoing personnel to join the Administration. This corrective action will be completed by 31 March 2018.\n', 'FD\n571 There was no objective evidence to suggest that the Administration took all necessary measure to secure observance of international rules and standards by prohibiting ships entitled to fly its flag from sailing until such ships can proceed to sea in compliance with the requirements of international rules and standards (SOLAS 1974, regulation I/6; III Code, paragraph 22.1).\nRoot cause\n572 There was no proper mechanism in place to prohibit the ships flying the flag of the State from sailing in case of non-compliance with the requirements of international rules and standards.\nCorrective action\n573 Legal and administrative mechanism will be established, prohibiting ships from sailing when they are found not to comply substantially with the requirements of international rules and standards. A procedure will be included in the QMS of the Administration, defining necessary communications between the ROs and the Administration on deficiencies that present a basis to prohibit a ship from sailing, as well as steps to follow by both parties. This corrective action will be completed by 31 December 2018.\nAnnex, page 84\n', 'FD\n574 The Administration had delegated full authorization for the approval and issuance of exemptions to one of its ROs, whilst there is no basis for such action provided in SOLAS 1974 (SOLAS 1974, regulation I/6; RO Code, part 2, section 8; III Code, paragraph 16.1).\nRoot cause\n575 Lack of clear procedures and guidelines for reviewing of RO agreement, including degree of authorisation.\nCorrective action\n576 Procedures on delegation of authority have been included in QMS along with guidelines for RO evaluation and review of RO agreements before signing, including degree of authorisation. Agreement with one RO has been revised. This corrective action was already completed.\n', "FD\n577 The Administration had not maintained an effective oversight programme for monitoring of its ROs and to determine that appropriate resources were being used for an effective oversight programme (III Code, paragraph 20).\nRoot cause\n578 The Administration did not effectively apply part 3 of the RO Code (resolution MSC.349 (92)) and there was a lack of competent personnel with an understanding of the oversight requirements, audit principles and the application of audit techniques, capable of administering and maintaining a credible RO oversight programme.\nCorrective action\n579 The existing procedure will be amended to include an oversight programme in accordance with part 3 of the RO Code. The Administration will obtain all RO's web access rights, which will enable it to monitor RO's survey and certification activities with regard to ships entitled to fly the flag of the State. Dedicated staff, with appropriate qualifications, experience and training, will be appointed for monitoring of, and communication with, authorized ROs. This corrective action will be completed by 19 December 2018.\n", 'FD\n580 There was insufficient evidence to establish that the periodic evaluation and review of performance of the State in performing its obligations as a flag State had been carried out (III Code, paragraph 42).\nRoot cause\n581 There was a lack of resources and awareness of the required scope for periodic evaluation and review of flag State performance.\nAnnex, page 85\nCorrective action\n582 The Administration has filled relevant positions with qualified staff and will provide resources to conduct periodic evaluation and review of flag State performance. The results of flag State inspections will be analysed annually to provide input for the evaluation of its flag State performance. This corrective action will be completed by 31 December 2018.\n', 'FD\n583 The Administration had not established resources and processes for the development, documentation and provision of guidance concerning those requirements found in the relevant international instruments that are "to the satisfaction of the Administration" (III Code, paragraph 16.5).\nRoot cause\n584 A legal basis and procedure for interpretation of the areas left "to the satisfaction of the Administration" in the mandatory IMO instruments were not available.\nCorrective action\n585 The Administration will develop a procedure for interpretation and guidance with regard to those requirements that are left "to the satisfaction of the Administration" in the relevant international instruments, which shall apply exclusively to the ships entitled to fly the flag of the State. This corrective action will be completed by 31 December 2018.\n', "FD\n586 The State's laws and regulations had not, in many instances, prescribed penalties of adequate severity to discourage violation of international rules and standards by ship entitled to fly its flag (III Code, paragraph 22.5).\nRoot cause\n587 There was no requirement for regular reviews by the Administration of penalties provided in national legislation and most of national legislation was outdated. There was also a lack of personnel with the appropriate expertise within the Administration to carry out such review.\nCorrective action\n588 A mechanism will be developed by the Administration to ensure that penalties laid out in its national legislation are periodically reviewed for timely revision in order to ensure adequate severity to discourage violation of international rules and standards by ships entitled to fly the flag of the State. All national legislation will be reviewed accordingly and amended, as necessary. This corrective action will be completed by 31 December 2018.\n", 'FD\n589 There was no object evidence to establish that the Administration had developed adequate administrative instructions for their surveyors to implement applicable international rules and regulations and any interpretation of national regulations (III Code, paragraph 16.1).\nAnnex, page 86\nRoot cause\n590 A system was not in place within the Administration for the development of adequate administrative instructions and interpretative national regulations.\nCorrective action\n591 The Administration will review its existing procedures for further improvement to drive the development of relevant instructions, interpretation of national regulations and survey guidelines for flag State surveyors, in order to ensure consistency in carrying out their duties. Relevant instructions, interpretation of national regulations and survey guidelines will be developed and implemented. This corrective action will be completed by 31 December 2018.\n', 'FD\n592 The Administration had not conducted a marine safety investigation into every very serious marine casualty (Casualty Investigation Code, paragraph 6.1; SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; III Code, paragraph 41).\nRoot cause\n593 The national legislation of the State did not explicitly give effect to SOLAS 1974, regulation XI-1/6, and the Casualty Investigation Code. As a result, ship casualties had not been investigated and reported in accordance with the relevant international instruments.\nCorrective action\n594 National legislation will be amended to give effect to SOLAS 1974, regulation XI-1/6, and the Casualty Investigation Code. The Administration has incorporated new procedures for casualty investigation into its QMS and every serious maritime casualty will be investigated in accordance with newly adopted casualty investigation procedure. This corrective action will be completed by 31 December 2018.\n', 'FD\n595 The Administration had recognized certificates issued under the authority of other Parties, through granting relevant endorsements, without complying with the requirements of the STCW 1978 (STCW 1978, regulation I/10; III Code, paragraph 16.3.5).\nRoot cause\n596 Absence of knowledge of regulations and a lack of legal basis, documented procedures and personnel for effective implementation of the provisions of STCW 1978.\nCorrective action\n597 The Administration will strengthen its human resources, develop and implement necessary legislation and a documented procedure setting the conditions for issuing certificates of recognition, in order to ensure that the mandatory provisions of STCW 1978 have been observed. This corrective action will be completed by 31 December 2017.\nAnnex, page 87\n', 'FD\n598 The Administration had not implemented or participated in an oversight programme for monitoring and communicating with the 11 ROs with whom the Administration had concluded an agreement. Recognition of two other ROs was made through a ministerial order and not by an agreement in accordance with the applicable provisions. In addition, the list of ROs submitted to IMO was incomplete (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 5; RO Code, part 2, section 8; III Code, paragraph 18.2; III Code, paragraph 20).\nRoot cause\n599 Lack of legislation and understanding of the mandatory provisions of the RO Code and a lack of human resources and technical capacity to carry out an oversight programme of ROs.\nCorrective action\n600 The Administration will:\n.1 develop and implement a legislation governing the delegation of authority of the State and authorization of ROs, strengthen its human resources with qualified personnel, develop and implement documented procedures for monitoring of ROs and communicating with them, as well as exercise its authority to conduct supplementary surveys in order to ensure that ships authorized to fly the flag of the State comply with the international mandatory requirements; and\n.2 revise the existing agreements between the Administration and ROs to ensure compliance with the mandatory provisions applicable to the delegation of authority and authorization of ROs.\nThis corrective action will be completed by 31 December 2017.\n', 'FD\n601 There was no evidence that the State systematically conducted investigations following a marine casualty or pollution incident that occurred on board ships flying the flag of the State:\n.1 no accident investigation report was submitted to IMO by the Administration;\n.2 under the current national legal framework, administrative responsibility for investigation of marine accidents was the responsibility of the Administration. The surveyor conducting statutory surveys was in charge of casualty investigations, which did not guarantee the impartiality of the investigations; and\n.3 there was no evidence that accident investigations were conducted by investigators with appropriate skills and knowledge of issues related to the accident that occurred on board a ship flying the flag of the State\n(SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; Casualty Investigation Code, paragraph 11.1; III Code, paragraph 23.1; III Code, paragraph 24.5; III Code, paragraph 38; III Code, paragraph 41).\nAnnex, page 88\nRoot cause\n602 Lack of knowledge of the regulations and absence of documented procedures for conducting accident investigations. The Administration has no administrative structure to ensure impartiality of investigations and no trained personnel responsible for conducting accident investigations.\nCorrective action\n603 The Administration will:\n.1 develop and implement regulations and procedures for conducting accident investigations and will establish a department dedicated for this purpose in order to ensure impartiality in the conduct of the investigations; and\n.2 develop a recruitment plan and put in place a training programme for its personnel to build up appropriate expertise and knowledge on issues related to accidents investigation.\nThis corrective action will be completed by 31 December 2017.\n', 'FD\n604 The regulatory process for issuing statutory certificates, did not conform with the provisions related to inspections and audits made mandatory by the relevant instrument to which the State is a Party (SOLAS 1974, regulation I/12; SOLAS 1974, regulation IX/4.1; ISM Code, paragraph 13.2; III Code, paragraph 22.2).\nRoot cause\n605 Lack of a documented procedure defining the regulatory standards for carrying out ship inspections and for issuing statutory certificates.\nCorrective action\n606 The Administration will establish documented procedures for effective implementation of provisions related to inspections and audits made mandatory by the relevant instruments to which the State is Party. The new Merchant Shipping Code contains these provisions and duly qualified inspectors will be appointed for this purpose. This corrective action will be completed by 31 December 2017.\n', 'FD\n607 Apart from the general responsibilities listed in the ministerial orders assigning responsibilities to the various governmental departments, the Administration had not kept written records of the responsibilities and authority of all personnel who managed, performed and verified activities related to safety and pollution prevention (III Code, paragraph 28).\nRoot cause\n608 Lack of human resources and written procedures defining the duties, responsibilities and authority of personnel.\nAnnex, page 89\nCorrective action\n609 The Administration will strengthen its human resources and develop and implement written job descriptions defining the responsibilities and authority of all personnel who manage, perform and verify the activities related to safety and pollution prevention. This corrective action will be completed by 31 December 2017.\n', 'FD\n610 In light of the experience of the department in charge of environment, it was considered that the fines and penalties currently provided for in the national legislation on illegal pollution was not sufficiently severe to discourage violation of international rules and standards. Moreover, there was no detailed administrative instructions to initiate and conduct an investigation on board a ship in order to identify the cause of pollution (MARPOL, article 4.1; III Code, paragraph 15.1; III Code, paragraph 22.5).\nRoot cause\n611 The national legislation is very old and obsolete and the Administration does not have in place any guidelines, instructions or administrative notes on conducting investigations on board ships in case of pollution.\nCorrective action\n612 The State will enact the new Merchant Shipping Code which will include increased penalties and fines for illegal marine pollution. Legislative text, as well as guidelines, notes and instructions will complement these regulatory provisions. This corrective action will be completed by 31 December 2017.\n', 'FD\n613 The Administration was not in a position to ensure that ships flying the flag of the State met the requirements of the relevant IMO instruments to which it is a Party. The State was not in a position to ensure that ships entitled to fly the flag of the State were sufficiently and efficiently manned. The State was not in a position to ensure that a ship flying the flag of the State was in compliance with the applicable international requirements before sailing after a detention by a port State control authority (SOLAS 1974, regulation I/6; SOLAS 1974, regulation V/14; LL 1966, article 13; III Code, paragraph 17; III Code, paragraph 22).\nRoot cause\n614 Lack of documented procedures and knowledge of the regulations.\nCorrective action\n615 The Administration will adopt measures in compliance with provisions of the mandatory IMO instruments to ensure that ships flying the flag of the State can only sail if they comply with the requirements of regulations and international standards, that they are periodically inspected and that they are manned with adequate crew, in number and in competence. Documented procedures for checking compliance of the ships and their crews will also be developed. This corrective action will be completed by 30 June 2017.\nAnnex, page 90\n', 'FD\n616 The Administration had not carried out any periodic evaluation or review of its actions to fulfil its obligations under the applicable mandatory IMO instruments as a flag State (III Code, paragraph 42).\nRoot cause\n617 Lack of a culture to periodically evaluate or review the performance and lack of human resources.\nCorrective action\n618 The Administration will increase the number of its personnel and will institutionalize a periodic documented assessment and review of performance of flag State activities. This corrective action will be completed by 31 December 2017.\n', 'FD\n619 The Administration had not implemented a documented system for qualification of flag surveyors and continuous updating of their knowledge and the other personnel assisting in the flag State surveys did not have adequate knowledge to perform the tasks they were authorized to execute (III Code, paragraph 33; III Code, paragraph 35).\nRoot cause\n620 Lack of qualified personnel for carrying out flag State inspections and a lack of specialized training programme for ship surveyors.\nCorrective action\n621 The Administration will implement a documented system for training of surveyors and continuous updating of their skills to strengthen their capacity and will recruit personnel with basic maritime background. This corrective action will be completed by 31 December 2017.\n', 'FD\n622 The Administration had no procedure in place to verify that the necessary instructions had been issued for ships flying the flag of the State regarding mandatory provisions under SOLAS 1974 (III Code, paragraph 15.1; SOLAS 1974, regulation V/19.2).\nRoot cause\n623 The lack of human resources with technical expertise to deal with the timely issuance of necessary instructions to the shipping community with respect to ships flying the flag of the State.\nCorrective action\n624 The Administration will develop a new section in its quality system policy dealing with administrative and technical instructions for the shipping community in the maritime sector in respect of the ships flying the flag of the State as well as the assignment of dedicated personnel with the responsibility for the holistic implementation and evaluation of the new policy. This corrective action will be completed by 1 October 2017.\n', 'FD\n625 Although a certified QMS had been implemented by the Administration, there was no evidence that the required independent evaluation of the quality standards had been conducted and communicated to IMO (STCW 78, regulation I/8; III Code, paragraph 16.3).\nRoot cause\n626 The lack of resources and expertise to consider and establish a quality standards system for the implementation of STCW 1978.\nCorrective action\n627 The Administration is currently finalizing the process of carrying out the independent evaluation of implementation and enforcement of STCW 1978 Convention, as amended in order to obtain a certified quality system under ISO regulations as required. Once finalized, the reporting requirements will be fulfilled. This corrective action will be completed by 1 November 2017.\n', "OB\n628 Flag State surveyors who were recruited in accordance with the procedures of the State public service had no professional maritime experience and had not received appropriate training required by the III Code (III Code, paragraph 29.1).\nRoot cause\n629 The initial training at the National School of the Administration does not take into account the specific training for ships' surveyors.\nCorrective action\n630 The Administration will establish a documented training programme to upgrade and update the knowledge level of the surveyors through training sessions and refresher courses. The programme will serve as a basis for new recruits. It would then be evaluated and improved accordingly. This corrective action will be completed by 30 September 2020.\n", 'OB\n631 Flag State surveyors who were recruited under the procedures of the civil service had no maritime experience and had not received the appropriate initial training recommended by the III Code (III Code, paragraph 29.1).\nRoot cause\n632 The Administration carried out a mass recruitment of officials and carried out assignments irrespective of the specialization. No training programme or career development plan had been defined for its personnel and in particular for flag State surveyors.\nAnnex, page 92\nCorrective action\n633 The Administration will develop and implement documented procedures defining recruitment criteria and will develop an appropriate training programme for flag State inspectors in accordance with the recommendations of the III Code. This corrective action will be completed by 1 July 2017.\n', "OB\n634 The Administration did not have a documented training programme for the flag State surveyors regarding ships and their operation and the provisions of the relevant national and international instruments necessary to perform their duties (III Code, paragraph 32).\nRoot cause\n635 Lack of awareness of the requirement for a documented training programme for flag State surveyors, covering topics on ships and their operation and the provisions of the relevant national and international instruments necessary to perform their duties.\nCorrective action\n636 The Administration's maritime institute will develop a training programme containing the required syllabus for flag State surveyors and including the provision for final evaluation. This corrective action will be completed by 31 May 2017.\n", "OB\n637 Personnel responsible for, or performing flag State surveys and inspections did not fulfil the minimum qualifications or experience as per the III Code (III Code, paragraph 29; III Code, paragraph 30; III Code, paragraph 31; III Code, paragraph 32).\nRoot cause\n638 Due to the unavailability of local maritime expertise, there was a lack of sufficient competent personnel, as well as lack of internal guidelines regarding personnel qualifications for the implementing the relevant mandatory IMO instruments.\nCorrective action\n639 The Administration will develop guidelines defining the profile for personnel responsible for inspections, survey and audits of ships and companies for each of the relevant mandatory IMO instrument. It will request IMO technical assistance on this matter, and will also request support from other IMO Member States that are well advanced in this regard. All inspector's CVs will be updated with proof of qualification and continuous training and an upgrading plan for junior surveyors will be implemented. The guidelines will be periodically reviewed and adapted according to new developments regarding the mandatory IMO instruments. The State will create appropriate posts, recruit and train potential candidates. This corrective action will be completed by 31 July 2018.\n", "OB\n640 The Marine Accident Investigation Board did not ensure ready access to expertise in all required areas. Marine accidents involving personal injury necessitating absence from duty of three days or more were not investigated (III Code, paragraph 39; III Code, paragraph 40).\nAnnex, page 93\nRoot cause\n641 Inadequate transposition of the Casualty Investigation Code into national legislation.\nCorrective action\n642 The primary legislation addressing the Marine Accident Investigation Board will be amended in line with the Casualty Investigation Code, in order to include investigation of marine accidents involving personal injury necessitating absence from duty of three days or more. The Board's members shall be recruited in accordance with requirements of the mandatory IMO instruments and the III Code and ready access to necessary expertise from outside sources will be put in place. This corrective action will be completed by 31 July 2018.\nCOASTAL STATE ACTIVITIES\n", 'FD\n643 The search and rescue organization was not in accordance with the provisions of the 1974 SOLAS Convention, in particular:\n.1 the legislation, decree, and search and rescue (SAR) plan were not approved;\n.2 the radio equipment available to the Maritime Rescue Coordination Centre (MRCC) was not yet fully installed; and\n.3 MRCC was not able to use SAR units without avoiding heavy procedural authorization\n(SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 49).\nRoot cause\n644 The maritime administration had difficulties in developing appropriate regulations and confirming the role of the MRCC to the authorities, as well as technical problems with the installations of the existing radiocommunication equipment.\nCorrective action\n645 The maritime administration will develop, under its national legislation, and implement a regulation on the operation and organization of SAR. A SAR plan will be developed and the equipment of the MRCC will be completed, including restoring the communication link between stations. This corrective action will be completed by 31 December 2019.\n', 'FD\n646 There was no evidence that navigational weather report was broadcasted by the maritime administration (SOLAS 1974, regulation V/5; III Code, paragraph 47; III Code, paragraph 49).\nRoot cause\n647 The Decree of 1968 currently in force became obsolete. The division of responsibilities between the various entities was not clearly defined.\nAnnex, page 94\nCorrective action\n648 The maritime administration will develop a new decree on the broadcasting of nautical information in accordance with the international standards, and will designate the MRCC as a service provider responsible for the broadcasting of navigational weather reports. Relations between the various entities responsible for collecting and broadcasting the navigational weather reports will be strengthened and institutionalized. This corrective action will be completed by 31 December 2018.\n', 'FD\n649 The two self-managed ports maintained port buoyage. They continued to maintain the five lighthouses based on the coast. The legal text assigned the responsibility of the coast buoyage, excluding ports, to the Ministry of Transport, but this responsibility was not clearly implemented (SOLAS 1974, regulation V/13; III Code, paragraph 49).\nRoot cause\n650 Inadequacy of legal and regulatory framework in the managing of aids to navigation and insufficient awareness of the responsibility of the State for coastal buoyage in relation to the safety of navigation.\nCorrective action\n651 The maritime administration will develop and implement legal provisions on aids to navigation. In addition, a "national buoyage plan" will be developed together with all relevant government entities. This corrective action will be completed by 30 September 2020.\n', 'FD\n652 The maritime administration did not carry out any periodic evaluation or review of its actions to fulfil its obligations under the applicable mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nRoot cause\n653 Lack of a culture to periodically evaluate or review performance.\nCorrective action\n654 The maritime administration will institutionalize an evaluation and review of audit performance by setting performance indicators and providing training for the personnel in QMS. This corrective action will be completed by 31 December 2018.\n', 'FD\n655 The maritime administration had not implemented any guidance that would facilitate the implementation and monitoring of compliance with requirements relating to coastal State duties of all the applicable safety and pollution prevention conventions and protocols to which the State is a Party and had not assigned the responsibilities for updating the requirements (III Code, paragraph 46).\nAnnex, page 95\nRoot cause\n656 The absence of a legal basis by the non-transposition into national legislation of the mandatory instruments to which the State is a Party, and the lack of appropriate and qualified technical and legal experts have contributed significantly to this finding.\nCorrective action\n657 For coastal State activities, the maritime administration will update the Merchant Shipping and Environment Code and its implementing regulations and implement guidelines that facilitate the implementation and monitoring of the requirements of all the conventions and protocols relating to safety and pollution prevention to which the State is a Party. In addition, the maritime administration will assign and document responsibilities between the governmental entities responsible for the implementation and monitoring of compliance with the mandatory IMO instruments and between personnel assigned to these tasks. This corrective action will be completed by 31 December 2017.\n', 'FD\n658 There was no guidance or procedures to ensure that radiocommunication services were in place for the provision of GMDSS, transmitting navigational warnings, danger messages, meteorological and other urgent messages relating to safety of navigation (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/4; SOLAS 1974, regulation V/5; SOLAS 1974, regulation V/31.2; III Code, paragraph 47).\nRoot cause\n659 The absence of the legal basis and guidance, as well as the lack of human, material and financial resources crated a void in understanding the existing international regulations. There was no agreement with the Marine Meteorological Division to ensure continuous availability of meteorological information and the absence of a coastal radio station are at the root of this finding.\nCorrective action\n660 The legal basis and guidelines for the provision of radiocommunication services and to issue navigational warnings will be developed. A formal agreement will be reached between the maritime administration and the Marine Meteorological Division for the provision of meteorological information and a coastal radio station, conforming to the standards required for the provision of GMDSS coverage will be established for waters under the jurisdiction of the State. This corrective action will be completed by 31 December 2017.\n', 'FD\n661 The search and rescue organization was not in accordance with the provisions of SOLAS 1974, in particular:\n.1 the legislation and SAR plan were not approved; and\n.2 the radiocommunication equipment available at the COM was incomplete and not fully operational\n(SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 49).\nAnnex, page 96\nRoot cause\n662 The lack of a legal and regulatory framework for the establishment of national SAR services and the equipment of COM from the Maritime Prefecture was incomplete.\nCorrective action\n663 The maritime administration will develop and implement legislation and documented procedures necessary to ensure SAR services are available and will allocate human and material resources necessary to ensure coverage of maritime space under the jurisdiction of the State. The contact details of the governmental entity responsible for SAR matters and resources available for maritime SAR activities will be communicated to IMO. This corrective action will be completed by 31 December 2017.\n', 'FD\n664 There were no measures to ensure compliance with international regulations on the availability of aids to navigation and maritime buoyage. The four lighthouses located along the coast of the State and which were listed on marine navigation charts were not in service (III Code, paragraph 49).\nRoot cause\n665 The maritime administration had not transposed into national law the international regulations on the availability of aids to navigation and maritime buoyage and had no procedures or mechanism in place for managing and monitoring the availability of aids to navigation, including an evaluation mechanism.\nCorrective action\n666 The four lighthouses will return to service as soon as possible and national legislation and guidelines for the management of aids to navigation will be developed and implemented. Human and material resources required to fulfil these obligations will be provided by the maritime administration and documented procedures for the maintenance and upkeep of all aids to navigation will be developed and implemented in accordance with international standards. This corrective action will be completed by 30 December 2017.\n', 'FD\n667 The maritime administration had not periodically evaluated or reviewed its performance in fulfilling its obligations under the applicable mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nRoot cause\n668 The absence of a culture to periodically evaluate or review performance and the lack of documented procedures and coordination between the services involved in coastal State activities.\nCorrective action\n669 The maritime administration will institutionalize a documented evaluation and review programme of its performance on a periodic basis and put in place an audit programme for\nAnnex, page 97\neach entity involved in coastal State activities. This corrective action will be completed by 31 December 2017.\n', 'FD\n670 The maritime administration had not implemented policies and guidance that would facilitate the implementation and enforcement of coastal State obligations and responsibilities contained in the applicable conventions and protocols to which the State is Party (SOLAS 1974, regulation V/7.3; III Code, paragraph 46.1).\nRoot cause\n671 The absence of a legal basis, policies and guidance that would facilitate the implementation and enforcement of coastal State obligations and responsibilities contained in the applicable conventions and protocols to which the State is Party, have contributed significantly to this finding.\nCorrective action\n672 The maritime administration will develop and implement a comprehensive coastal State policy as a basis for establishing and developing legislation, guidance and procedures, as well as to facilitate consistent implementation and enforcement of obligations and responsibilities contained in the applicable conventions and protocols to which the State is Party. Responsibilities of all national entities involved in maritime administration will be defined and assigned in order to fulfil respective obligations and responsibilities of the State. Agreements will be established between all national entities involved in maritime administration in order to facilitate consistent implementation. The new law will provide a basis for effective enforcement with penalties of adequate severity to discourage violations of international rules. Appropriate performance indicators will be determined as a basis to monitor the compliance with the international maritime obligations of the State. This corrective action will be completed by 31 December 2019.\n', 'FD\n673 There was objective evidence to confirm that information concerning existing search and rescue facilities had not been communicated to IMO. In addition, arrangements were not in place for the use of life saving signals when communicating with ships or persons in distress and did not guaranteed that passenger ships operating in waters under the jurisdiction of the State were in possession of a rescue plan developed in cooperation between the ship, the company and the search and rescue services of the State (SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nRoot cause\n674 Lack of legal basis and guidance for all entities responsible for search and rescue operations and a lack of awareness of the relevant convention requirements.\nCorrective action\n675 A legal basis and guidelines for the provision of search and rescue services will be developed and implemented, and a Marine Search and Rescue Committee will be established with participation of representatives from national entities involved in SAR operations. The Committee will, among others, be responsible to provide IMO with required information on SAR facilities, to ensure that all involved personnel in SAR operations are qualified, trained and\nAnnex, page 98\nassessed through drills and exercises, and to ensure that passenger ships engaged in the waters under the jurisdiction of the State are in the possession of an approved SAR plan, in compliance with international requirements. This corrective action will be completed by 31 December 2017.\n', 'FD\n676 The maritime administration was not able to demonstrate its readiness to deal with incidents involving dangerous goods (DG) in packaged form or in solid form in bulk when it had been reported (SOLAS 1974, regulation VII/6.1; SOLAS 1974, regulation VII/7-4.1; III Code, paragraph 47).\nRoot cause\n677 Lack of legal basis and documented procedures, including the assignment of responsibilities among national entities, resulted in gaps in fulfilment of the State responsibilities in relation to response to incidents involving DG in packaged form or in solid form in bulk when it had been reported.\nCorrective action\n678 The maritime administration will establish a specialized committee to perform a risk assessment regarding incidents involving DG in packaged form or in solid form in bulk, and will develop and implement national legislation and documented procedures, set up an action plan and update and review the national contingency plan. This corrective action will be completed by 31 December 2018.\n', "FD\n679 The maritime administration did not establish mechanisms ensuring the availability and maintenance of aids to navigation related to safety of navigation. In addition, the State did not arrange for the collection and compilation of hydrographic data and keeping up to date all nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; SOLAS 1974, regulation V/13; III Code, paragraph 49).\nRoot cause\n680 Changes that occurred in the ports and along the coast of the State's territorial waters, including creation of new ports - development of container port, passenger port and new berths (LNG, LPG, industrial phosphate, development of oil terminal, as well as developing new port facilities along the northern coast line), led to the postponement of all procedures regarding establishment of new Aids to Navigation (AtoN). The JMC had the responsibility for follow-up and maintenance of the existing AtoN, but there was no clear guidance or documented procedures in place to effectively accomplish those tasks. In addition, conflict of interests among national entities resulted in omitting appropriate measures and procedures and, consequently, left the hydrographic services lacking effective implementation in terms of arranging, collecting and compiling hydrographic data and their dispatch to all national entities concerned.\nCorrective action\n681 The maritime administration will develop and implement national legislation and documented procedures, including the establishment of a dedicated Committee, comprising relevant national entities, to fulfil the State's responsibilities and obligations with regard to aids\nAnnex, page 99\nto navigation and hydrographic services. Among others, this Committee will manage all aids to navigation along the coast and in its territorial waters, it will designate a focal point who will be responsible to arrange the collection and compilation of hydrographic data, including their submission to the contracted hydrographic services for publication and, upon receipt, dispatch of relevant nautical information and documents to all concerned parties. In addition, the Committee will hire an international consultancy on AtoN who will be tasked to evaluate compliance of the maritime administration's AtoN with the international standards and will also initiate an international call for tenders in order to ensure appropriate maintenance of the existing AtoN and establishment of any required new AtoN in accordance with IALA standards. This corrective action will be completed by 31 July 2019.\n", 'FD\n682 There was no policy and procedure in place for the State to periodically evaluate its performance in respect of exercising its rights and meeting its obligations under the mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nRoot cause\n683 The absence of a culture to periodically evaluate or review performance and the lack of documented procedures and coordination among the government entities involved in the coastal State activities.\nCorrective action\n684 A comprehensive policy on annual evaluation and review of each coastal State obligation, as well as relevant documented procedures and guidelines will be developed and implemented by all entities of the State involved in coastal State activities. This corrective action will be completed by 31 December 2019.\n', 'FD\n685 The availability of search and rescue facilities were not communicated to IMO (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nRoot cause\n686 The institutional reforms that affected the maritime search and rescue services and the lack of procedures for communicating mandatory information to IMO.\nCorrective action\n687 The maritime administration will develop a documented SAR procedure and will communicate to IMO the contact details of the government entity responsible for SAR matters and the available resources for maritime SAR activities. This corrective action will be completed by 31 December 2017.\n', 'FD\n688 The State did not establish mechanisms for radiocommunication services, global maritime distress and safety system identities, communication of information on navigational warnings, transmission of messages regarding the dangers and meteorological and other urgent messages related to safety of navigation (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/5; SOLAS 1974, regulation V/31.2; III Code, paragraph 49).\nRoot cause\n689 The obligation of the State to provide radio services and issue navigational warnings was omitted and there was no legal basis or legislation in this regard. There was also the absence of guidelines, working procedures and a lack of coordination between the government entities responsible for meteorological matters.\nCorrective action\n690 National legislation and guidelines on the collection and broadcasting of nautical information and meteorological reports will be developed and implemented, as well as the updating of the national SAR plan, which will define the human and material resources needed to fulfil these obligations. This corrective action will be completed by 31 December 2017.\n', 'FD\n691 The maritime administration had not periodically evaluated or reviewed its performance in fulfilling its obligations under the applicable mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nRoot cause\n692 Lack of a culture to periodically evaluate or review performance, lack of documented procedures and absence of coordination between the services involved in coastal State activities.\nCorrective action\n693 The maritime administration will institutionalize, on a periodic basis, a documented evaluation and review programme of its performance and put in place an audit programme for each entity involved in coastal State activities. This corrective action will be completed by 31 December 2017.\n', "FD\n694 There was objective evidence that the State does not practice collection of meteorological data and broadcast it at least twice daily, by terrestrial and space radiocommunication services including warnings and forecasts of weather and waves. The State does not provide weather information to international shipping effectively (SOLAS 1974, regulation V/5; III Code, paragraph 47).\nRoot cause\n695 Meteorological data was collected and broadcast at least twice daily by terrestrial radiocommunications only to the southern part of the State. Due to resource constraints, collection of data and its broadcast to the northern part of the State was not done.\nCorrective action\n696 The State will endeavour to provide and promulgate meteorological information and warnings to shipping accurately, effectively, efficiently and promptly. The State will facilitate\nAnnex, page 101\nand encourage the transmission of ship reports on weather observations, which will be compiled and transmitted using the ship's terrestrial or space radiocommunications facilities for the benefit of the various national meteorological services. This corrective action will be completed by 30 June 2017.\n", 'FD\n697 There was objective evidence to confirm that information concerning existing search and rescue facilities had not been communicated to IMO. In addition, arrangements were not in place for the use of life-saving signals when communicating with ships or persons in distress (SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nRoot cause\n698 There was a general failure in documenting and meeting reporting requirements to IMO, due largely to absence of a designated person to perform the function. The use of life-saving signals were not arranged by search and rescue facilities due to an oversight by the MRCC. The maritime authority was unable to provide full coverage of DSC services due to financial resources constraints.\nCorrective action\n699 Actions will be taken to approve the SAR plan by the relevant authority. A Copy of the document will be provided to IMO. Instructions will be given to MRCC operators to display life-saving signals at all times within the MRCC. A circular will be sent to all ships entitled to fly the flag of the State to make the carriage of life-saving signals mandatory. An assessment will be made to ensure adequate VHF DSC coverage of the sea areas of the State. This corrective action will be completed by 30 September 2017.\n', 'FD\n700 There was no evidence that the maritime administration had reviewed the Ship Routing system established by the State with the concurrence of IMO, in line with the guidelines and criteria developed by the Organization, resolution A.572(14), as amended (SOLAS 1974, regulation V/10; III Code, paragraph 47).\nRoot cause\n701 Officials of the maritime administration were not aware of this requirement.\nCorrective action\n702 The State will improve its "Coastal Monitoring Systems" to effectively monitor and implement its Ship Routing System. An audit and review of the effectiveness of the two-way routeing measure in a sea area where routing measures are in place shall be carried out. This corrective action will be completed by 30 June 2017.\n', 'FD\n703 There was no policy and procedure in place for the State to periodically evaluate its performance in respect of exercising its rights and meeting its obligations under the mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nAnnex, page 102\nRoot cause\n704 There was lack of awareness of the requirement for evaluation and review of the obligations and rights exercised by the State; and the responsibility for developing policies for monitoring of coastal State obligations was not clearly defined.\nCorrective action\n705 Personnel will be designated to draft policy for periodical evaluation and review of coastal State obligations and for carrying out the evaluation and review. This corrective action will be completed by 30 December 2017.\n', 'FD\n706 No records could be presented by the State containing corrective and preventive actions carried out after the evaluation of counter pollution exercises and drills (III Code, paragraph 51).\nRoot cause\n707 The non-existence of a procedure for registration and disclosure has resulted in undocumented preventive and corrective actions resulting from the exercises undertaken.\nCorrective action\n708 An existing IT platform in the different governmental agencies involved will be used for the control of recommendations from internal inspections. The maritime administration will develop a procedure for registering preventive and corrective actions resulting from pollution exercises and drills using the same platform. Records will include responsible party, deadlines and any necessary follow up and evaluation. This corrective action will be completed by 30 June 2017.\n', 'FD\n709 The State confirmed that passenger ship search and rescue cooperation plans for foreign ships calling at the ports of the State had not been coordinated, evaluated and exercise carried out with the MRCC (SOLAS 1974 Regulation V/7.3; III Code, paragraph 46.1; III Code, paragraph 46.2).\nRoot cause\n710 The non-existence of a procedure for coordination, assessment and testing of the search and rescue cooperation plans of passenger ships calling at the ports of the State.\nCorrective action\n711 A procedure has been elaborated by the MRCC in accordance with IMO circular MSC/Circ. 1079, which is being implemented by the responsible governmental agency, in order to coordinate, assess and test the search and rescue cooperation plans of passenger ships calling regularly at the ports of the State. A number of actions has already been completed, including 20 SAR exercises, table top exercises and a presentation to all key staff on the conduct of exercises with passenger ships calling at national ports. In addition, a joint procedure will be developed among involved government agencies for coordination of the exercises with passenger ships in the ports. This corrective action will be completed by 31 October 2016.\nAnnex, page 103\n', 'FD\n712 It could not be verified that the VTS station is fulfilling resolution A.857(20) on the guidelines and criteria for Vessel Traffic Services (SOLAS 1974, regulation V/12; III Code, paragraph 47).\nRoot cause\n713 Insufficient human resources, operational and technical, had direct consequences in the ability of the VTS station to maintain proper duties, participate in trainings and projects for development and improvement of the services and it reduced the capacity to put in place an effective quality control.\nCorrective action\n714 The maritime administration will increase its workforce of specialized personnel in order to ensure effective VTS service. A training procedure, including training requirements for the operational and technical personnel involved in this area will be elaborated and implemented. Legal framework for certification of VTS operational and technical personnel will be reviewed and all personnel at the VTS Station will be certified accordingly. This corrective action will be completed by 30 June 2018.\n', "FD\n715 The maritime administration had not implemented policies and guidance that would facilitate the implementation and enforcement of coastal State obligations and responsibilities contained in the applicable conventions and protocols to which the State is Party and had not assigned the responsibilities for doing so and future updates. The maritime administration had not guaranteed that passenger ships operating in waters under the jurisdiction of the State were in possession of a rescue plan developed in cooperation between the ship, the company and the search and rescue services of the State (SOLAS 1974, regulation V/7.3; III Code, paragraph 46; III Code, paragraph 47).\nRoot cause\n716 Lack of documented procedures and a lack of effective monitoring by the maritime administration have largely contributed to this finding.\nCorrective action\n717 Under the mandatory provisions of the conventions, as amended, and protocols to which the State is Party, the maritime administration will develop and implement national regulations and directives that will facilitate the implementation and monitoring of the State's obligations and responsibilities as a coastal State and will assign and document the responsibilities of the personnel assigned to these tasks. The maritime administration will ensure that SAR plan is developed and made available on board each passenger ship in accordance with its international and national obligations and will verify its effectiveness during periodic exercises. This corrective action will be completed by 31 December 2018.\n", 'FD\n718 With the exception of the services of port lighthouses and buoys, the maritime administration had not conducted periodic assessment or review of its performance to meet its obligations under mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nAnnex, page 104\nRoot cause\n719 Lack of evaluation of coastal State activities and lack of documented procedures.\nCorrective action\n720 The maritime administration will institutionalize a documented programme of periodic assessment and performance review and establish an audit programme for each entity involved in coastal State activities. A management system in accordance with the ISO 9000 standards will be established at the main MRCC. This corrective action will be completed by 31 December 2019.\n', 'FD\n721 It was established that no performance evaluation mechanism was in place to evaluate and review the coastal State obligations under applicable IMO instruments (III Code, paragraph 51).\nRoot cause\n722 There was inadequate technical comprehension and competent staffing. The QMS establishing a mechanism to evaluate and review coastal State processes, as required under the relevant IMO instruments has been recently established only by the Maritime Safety Administration. There were insufficient qualified personnel with maritime expertise to develop a national maritime SAR plan. Efforts to secure the services of personnel with subject matter expertise, without appropriate funding, was a major contributory constraint. There was no national instrument providing for monitoring and supervision and inadequate information available on the need to evaluate the level of performance in exercising the rights and fulfilling the obligations of a coastal State under the conventions ratified by the State.\nCorrective action\n723 As a means of ensuring compliance with the mandatory IMO instruments in the future, consideration will be given to incorporating into the national strategy the evaluation of performance, and processes for periodic performance evaluations will be further developed in the areas of flag, coast and port State obligations, including, inter alia, a more comprehensive and systematic way of data acquisition and by making use of existing statistics and data. The strategy will include regular evaluation meetings where the relevant statistical information on the performance of the maritime administration may be presented as a basis for defining measures to improve the overall performance of the maritime administration. Appropriate legislation shall be drafted to address the evaluation and review mechanism. The QMS of the Maritime Safety Administration shall be modified and updated. Aligned agencies shall be sensitized and their activities aligned to the requirements of the mandatory IMO instruments. This corrective action will be completed by 31 July 2018.\n', 'FD\n724 There was no evidence that periodic evaluation had been carried out with regard to the performance of the State in exercising its rights and fulfilling its obligations as a coastal State (III Code, paragraph 51).\nAnnex, page 105\nRoot cause\n725 There was a lack of understanding of the requirements for carrying out periodic evaluation of performance by entities involved in meeting coastal State obligations.\nCorrective action\n726 An annual evaluation will be carried out by the responsible authority in order to establish the effectiveness and required improvements for aids to navigation. Periodic exercises and evaluation of the effectiveness of plans for cooperation with SAR services for passenger ships to which SOLAS chapter I applies will be carried out. Periodic evaluation of performance of each entity in respect of coastal State obligations will be reviewed annually. This corrective action will be completed by 19 December 2017.\n', "FD\n727 There was objective evidence that the maritime administration did not transmit maritime safety information in accordance with GMDSS provisions (SOLAS 1974, regulation IV/5; III Code, paragraph 47; III Code, paragraph 49).\nRoot cause\n728 The State had not fully identified its coastal State obligations stated in conventions to which it is Party.\nCorrective action\n729 The maritime administration will establish a system, jointly with the a neighbouring State's Coast Guard and based on a formal agreement, for transmitting relevant MSI to ships within designated sea areas off its coasts. As a long term solution, the maritime administration will evaluate the possibility of upgrading the existing MRCC in order to facilitate MSI transmission. This corrective action will be completed by 19 December 2018.\n", 'FD\n730 The maritime administration had not made arrangements for the use of life-saving signals during SAR operations (SOLAS 1974, regulation V/8; III Code, paragraph 49).\nRoot cause\n731 There was a lack of awareness of the requirement for use of life-saving signals for communicating with ships or persons in distress when engaged in SAR operations.\nCorrective action\n732 Periodic SAR exercises will be carried out using life-saving signals and records will be maintained. In addition, for staff engaged in SAR operations, additional training on the use of life-saving signals will be carried out to enhance the effectiveness of the SAR operations. This corrective action will be completed by 31 March 2018.\n', "FD\n733 The State's National Plan for Maritime Environmental Emergencies did not include marine chemical spill contingency plan (III Code, paragraph 50.2).\nAnnex, page 106\nRoot cause\n734 The maritime administration had not clearly identified roles and responsibilities of various entities in conducting coastal State activities.\nCorrective action\n735 The National Oil Spill Contingency Plan will be amended and renamed to incorporate marine chemical spill contingency procedures. The necessary arrangements will be made to train relevant staff and purchase required equipment. This corrective action will be completed by 31 December 2018.\n", "FD\n736 The maritime administration had not established methods and had not taken all the necessary and appropriate measures regarding radiocommunication, global maritime distress and safety system identities, communication of information on navigational warnings, transmission of messages regarding the dangers, meteorological and other urgent messages related to safety of ships (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/5; SOLAS 1974, regulation V/31.2; III Code, paragraph 49).\nRoot cause\n737 The obligation of the State to provide the radio services and issue navigational warnings was ignored and there was no legal basis or regulation covering the State's obligations in that respect. There was also absence of guidelines, work procedures and a lack of coordination between government entities responsible for meteorological matters.\nCorrective action\n738 The following actions will be implemented:\n.1 national legislation and guidelines on the collection and broadcasting of nautical information and meteorological reports will be developed and implemented;\n.2 the maritime administration will install a coastal radio station to broadcast nautical and meteorological information; and\n.3 an agreement will be concluded with the entity responsible for national meteorology for the continuous provision of marine weather information.\nThis corrective action will be completed by 31 December 2017.\n", 'FD\n739 The governmental body responsible for SAR issues, the SAR Coordination Centre, as well as information on search and rescue facilities available in the State were not communicated to IMO (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nAnnex, page 107\nRoot cause\n740 Absence of knowledge of international regulations and mandatory information that are to be communicated to IMO.\nCorrective action\n741 The maritime administration will develop a documented SAR procedure and will communicate to IMO the contact details of the government entity responsible for SAR matters and the available resources for maritime SAR activities. This corrective action will be completed by 31 December 2016.\n', 'FD\n742 The maritime administration had not ensured the availability of aids to navigation. No maintenance and monitoring programme was implemented (III Code, paragraph 50.1).\nRoot cause\n743 Lack of legislation and absence of any maintenance and monitoring programme for aids to navigation.\nCorrective action\n744 The maritime administration will develop and implement necessary legislation defining the responsibilities of the entities involved in the management and maintenance of aids to navigation. In addition, a detailed maintenance programme for all aids to navigation will be developed and implemented. This corrective action will be completed by 31 December 2017.\n', 'FD\n745 The maritime administration had not carried out any periodic evaluation or review of its actions to fulfil its obligations under the applicable mandatory IMO instruments as a coastal State (III Code, paragraph 51).\nRoot cause\n746 Lack of a culture to periodically evaluate or review performance, a lack of documented procedures and insufficient number of qualified personnel.\nCorrective action\n747 The maritime administration will increase the number of its personnel and will institutionalize a periodic documented evaluation and review of performance for coastal State activities. This corrective action will be completed by 31 December 2017.\nPORT STATE ACTIVITIES\n', 'FD\n748 The State had not established processes to administer a port State control programme in accordance with the relevant IMO resolution (III Code, paragraph 55; III Code, paragraph 60).\nAnnex, page 108\nRoot cause\n749 Lack of sufficient resources, a lack of an actual up to date legal basis and established processes to administer a port State control programme consistent with resolution A.1052(27).\nCorrective action\n750 A regulation on port State control will be drafted and approved by the Council of Ministers, based on which the guidance on the procedures for the PSC will be issued, in accordance with IMO resolution A.1052(27). This corrective action will be completed by 30 September 2019.\n', 'FD\n751 It was noted that one port was not equipped with the reception or collection facilities for oil residues (MARPOL, Annex I, regulation 38.1; III Code, paragraph 57).\nRoot cause\n752 The requirement to fit ports with reception facilities complying with the requirements of the MARPOL Convention was not clearly specified in either the national legislation, the port regulations or in the concession contracts for port operations.\nCorrective action\n753 The following actions will be implemented:\n.1 the maritime administration will develop and implement legislation, technical guidelines or notes obliging the ports to put in place reception facilities to comply with the requirements of the MARPOL Convention. Port regulations and concession contracts will be amended accordingly; and\n.2 local companies specialized in the collection of oil residues will be invited to extend their activities to all ports of the State. A call for tender for the oil collection service from ships will be launched.\nThis corrective action will be completed by 30 September 2020.\n', 'FD\n754 The division of functions between the maritime and port authorities left the implementation of the mandatory requirements of the IMDG Code incomplete, in particular the issuance of instructions on emergency response and medical first aid, as well as the designation of the "competent authority" (SOLAS 1974, regulation VII/2.4; IMDG Code, chapter 7.9; III Code, paragraph 57).\nRoot cause\n755 There was a lack of coordination and training between the different entities responsible for managing DG.\nCorrective action\n756 The maritime administration will develop, under its national legislation, a regulation covering DG, which will ensure the compliance with the requirements of the IMDG Code and its future amendments. In addition, the maritime administration will establish a training\nAnnex, page 109\nprogramme for all personnel involved in the implementation of the IMDG Code and will notify IMO of the required information including details of the "competent authority". This corrective action will be completed by 31 December 2019.\n', 'FD\n757 It was noted that officers responsible for port State control had no working procedure at their disposal to carry out inspections of foreign ships. Moreover, the detention of ships did not result in any notification made to neither the flag State nor IMO (SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; STCW 1978, article X; III Code, paragraph 55; III Code, paragraph 57; III Code, paragraph 60).\nRoot cause\n758 There was a lack of legislation governing the PSC activity, absence of detailed working procedures and disruption of the PSC unit.\nCorrective action\n759 The following actions will be implemented:\n.1 the maritime administration will develop the necessary legislation for the enforcement of PSC activities, particularly for the transposition of resolution A.1052(27) and in the case of the detention of a foreign ship in one of the ports of the State, to notify the flag State and IMO; and\n.2 detailed procedures of inspections, in accordance with resolution A.1052(27), will be developed and inspection services will have adequate technical and material resources to conduct PSC.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n760 The maritime administration did not carry out any periodic evaluation or review of its actions to fulfil its obligations under the applicable mandatory IMO instruments as a port State (III Code, paragraph 63).\nRoot cause\n761 Lack of a culture to periodically evaluate or review the maritime administration performance.\nCorrective action\n762 The maritime administration will institutionalize an evaluation and review of audit performance by setting performance indicators and providing training for the personnel in QMS. This corrective action will be completed by 31 December 2018.\n', 'FD\n763 The maritime administration had not implemented any procedures or guidance to facilitate the implementation and enforcement of compliance with the requirements relating to port State duties of all applicable safety and pollution prevention conventions and protocols to\nAnnex, page 110\nwhich the State is a Party and had not assigned responsibility for updating the requirements (III Code, paragraph 54).\nRoot cause\n764 The absence of a legal basis by the non-transposition into national legislation of the mandatory instruments to which the State is a Party, and the lack of technical and legal awareness of the requirements for port State activities, including non-assignment of responsibilities to personnel in various entities of the maritime administration have contributed significantly to this finding.\nCorrective action\n765 For port State activities, the maritime administration will update the Merchant Shipping and Environment Code and its implementing legislation and implement guidelines that facilitate the implementation and monitoring of the requirements of all the conventions and protocols relating to safety and pollution prevention to which the State is a Party. In addition, the maritime administration will assign and document responsibilities of governmental entities responsible for the implementation and monitoring of compliance with the mandatory IMO instruments and of personnel assigned to these tasks. This corrective action will be completed by 31 December 2017.\n', 'FD\n766 There were no legislation, guidance or procedures to ensure that the maritime administration:\n.1 conducted the port State control in accordance with the provisions of the relevant conventions;\n.2 complied with the requirements of the International Code of Solid Bulk Cargoes (IMSBC Code); and\n.3 guaranteed systematic verification of compliance of bulk carriers carrying bulk grain cargo under the provisions of the International Code of Safety rules for the transport of bulk grain (Grain Code)\n(SOLAS 1974, regulation I/19; SOLAS 1974, regulation VII/7-5; MARPOL, Annex I, regulation 11; IMSBC Code, paragraph 4.3.3; Grain Code, paragraph 3.5; III Code, paragraph 57).\nRoot cause\n767 The lack of awareness of the provisions of the codes and mandatory requirements of IMO and the absence of legislation governing PSC, as well as the lack of qualified personnel and of specialized training programme for port State control officers (PSCOs).\nCorrective action\n768 The following actions will be implemented:\n.1 the maritime administration will develop and implement national legislation, guidelines and procedures for administering a PSC programme. Responsibilities and level of authority of PSCOs, taking into consideration\nAnnex, page 111\nthe IMO guidelines, in particular resolution A.1052(27) on PSC procedures and the Code of Good Practice for port State control officers (MSC-MEPC.4/Circ.2) will be defined and the inspection service will be strengthened with adequate technical and material resources for the conduct of this activity; and\n.2 a specialized training programme for PSCOs will be developed and implemented, taking into account the shortcomings encountered by these officials in the interpretation and analysis of the mandatory IMO instruments, in particular the IMSB Code and the Grain Code.\nThis corrective action will be completed by 31 December 2017.\n', 'FD\n769 The ports had no reception facilities available as required by Annexes I, II and IV of MARPOL and the garbage collection service providers had not acted in accordance with Annex V of MARPOL (MARPOL, Annex I, regulation 38.1; MARPOL, Annex II, regulation 4.3.3; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 56.1).\nRoot cause\n770 The obligation to provide port reception facilities in conformity with the requirements of MARPOL was not clearly specified in national legislation.\nCorrective action\n771 The maritime administration will develop and implement legislation obliging ports to establish reception facilities conforming to the requirements of MARPOL. Port regulations will be amended accordingly and necessary guidance and technical notes will be developed. This corrective action will be completed by 30 June 2018.\n', 'FD\n772 The maritime administration had not fulfilled the obligations in terms of effectively implementing the provisions of the IMDG Code, particularly regarding the following areas:\n.1 a special list or manifest setting forth DG on board and the location thereof were not made available to the appropriate authority before the ship\'s departure;\n.2 training programme for shore-based personnel engaged in DG related matters;\n.3 management system covering activities related to the handling of DG; and\n.4 detailed instructions on emergency response and emergency medical care required in case of an incident due to DG\n(SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragraph 57).\nAnnex, page 112\nRoot cause\n773 The absence of regulations and lack of understanding of the provisions of the IMDG Code. Port authorities and terminal operators were not kept up-to-date with the requirements of the IMDG Code, including training requirements and there was a lack of coordination between the different entities responsible for the management of DG.\nCorrective action\n774 The maritime administration will develop regulations covering DG, to include the requirements of the IMDG Code, as well as any future amendments and will update the ports regulations accordingly. In addition, the maritime administration will put in place a "dangerous goods unit" within the ports, develop a documented procedure for the implementation of mandatory provisions and establish a training programme for all personnel involved in the implementation of the IMDG Code. Mandatory information will be communicated to IMO, including details of the "competent authority". This corrective action will be completed by 30 June 2018.\n', 'FD\n775 The maritime administration had not conducted any periodic assessment or review of its performance to meet the obligations under the mandatory IMO instruments as a port State (III Code, paragraph 63).\nRoot cause\n776 The absence of a culture to periodically evaluate and review performance, a lack of documented procedures and insufficient number of qualified personnel.\nCorrective action\n777 The maritime administration will institutionalize a documented evaluation and review programme of its performance in port State activities on a periodic basis. This corrective action will be completed by 31 December 2017.\n', "FD\n778 There was no policy and procedure in place for the State to periodically evaluate its performance in respect of exercising its rights and meeting its obligations under the mandatory IMO instruments as a port State (III Code, paragraph 63).\nRoot cause\n779 Lack of documented policy and procedures within the maritime administration, including the QMS Manual, which assigns responsibilities, methodologies, evaluation standards to periodically evaluate its performance in respect of exercising its rights and meeting its obligations as a port State.\nCorrective action\n780 Responsible entities of the maritime administration will develop and implement comprehensive policies, processes, procedures, guidelines and standard checklists, as well as assign responsibilities and define methodologies and evaluation standards, in order to evaluate and review the State's performance in the area of port State activities in respect of\nAnnex, page 113\nexercising its rights and meeting its obligations under applicable mandatory IMO instruments. Performance evaluation indicators will be defined and dedicated personnel have been designated by responsible entities to undertake periodic evaluation. This corrective action will be completed by 31 December 2017.\n", 'FD\n781 Bulk chemicals are imported in the State, but no reception facility as required by MARPOL, Annex II is available in the State and Annex VI reception facilities are also not available (MARPOL, Annex II, regulation 18.2; MARPOL, Annex VI, regulation 17.2; III Code, paragraph 56.1).\nRoot cause\n782 Due to the recent ratification of MARPOL, Annex VI, requirements in relation to the provision of port reception facilities was not fully understood. The obligation to provide port reception facilities in conformity with the requirements of MARPOL was not clearly specified in national legislation and no documented procedures and guidelines were developed.\nCorrective action\n783 The maritime administration will develop and implement national legislation and documented procedures on port reception facilities and will establish port reception facilities complying with the requirements of MARPOL Annexes I, II and VI. Following a tender and development process, commencement of the reception facility operation is expected in the first half of 2018, with the reception facility covering MARPOL Annex I, as a start. Later on, the priority of ports operations will govern the phases of covering other MARPOL Annexes. This corrective action will be completed by 31 December 2018.\n', 'FD\n784 There is no evidence that the IMDG Code requirements are being met, in particular:\n.1 the designation of the "competent authority";\n.2 detailed instructions on emergency response and medical first aid relevant to incidents involving DG in packaged form;\n.3 training programme for shore-based personnel engaged in the transport of DG; and\n.4 a management system shall be established and implemented for all activities related to DG\n(SOLAS 1974, regulation VII/2.4; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; IMDG Code, chapter 7.9; III Code, paragraph 57).\nRoot cause\n785 The lack of awareness of the provisions of the IMDG Code and mandatory requirements of SOLAS 1974 and the absence of national legislation governing DG.\nAnnex, page 114\nCorrective action\n786 The maritime administration will develop and implement national legislation establishing an inter-ministerial Committee consisting of the Ministry of Environment, Ministry of Transport, the State Special Economic Zone and all berth operators for handling hazardous and harmful substances. The Committee will designate the "Competent Authority" within the State responsible for dealing with DG and communicate relevant information to IMO, develop and implement detailed instructions on emergency response and medical first aid relevant to incidents involving DG in packaged form, as well as set a training programme for shore-based personnel engaged in the transport of DG and follow its implementation. The Committee will also ensure that a management system for all activities related to DG is established and maintained by respective entities. This corrective action will be completed by 31 December 2018.\n', 'FD\n787 Port and maritime authorities had not fulfilled the governmental obligations in terms of effective implementation of provisions of the IMDG Code, particularly regarding the following areas:\n.1 a special list or manifest setting forth the DG on board and the location thereof were not made available to the maritime administration before the ship\'s departure;\n.2 training programme for shore-based personnel engaged in DG related matters;\n.3 management system covering activities related to the handling of DG; and\n.4 detailed instructions on emergency response and emergency medical care required in case of an incident due to DG\n(SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragraph 57).\nRoot cause\n788 Lack of national legislation in line with the international mandatory provisions required by the IMDG Code, lack of supervision from the Ministry responsible for merchant shipping on maritime ports, lack of training programmes for personnel dealing with DG and of updating port regulations.\nCorrective action\n789 The maritime administration will develop a regulation covering DG, transposing the requirements of the IMDG Code, as well as any future amendments and will update the ports regulations accordingly. In addition, the maritime administration will put in place, within the ports, a "dangerous goods unit", will develop a documented procedure for the implementation of mandatory provisions and establish a training programme for all personnel involved in the implementation of the IMDG Code. Mandatory information will be communicated to IMO, including details of the "competent authority". This corrective action will be completed by 31 December 2017.\nAnnex, page 115\n', 'FD\n790 The ports in the State had no reception facilities available as required by Annexes I, II and IV of MARPOL and the garbage collection service providers had not acted in accordance with Annex V of MARPOL (MARPOL, Annex I, regulation 38.1; MARPOL, Annex II, regulation 4.3.3; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 56.1).\nRoot cause\n791 The obligation to provide port reception facilities in accordance with the requirements of MARPOL was not clearly specified in the national legislation, and the actual structure and organization of the maritime administration prevented compliance with these requirements.\nCorrective action\n792 The maritime administration will develop and implement legislation obliging the port to adopt reception facilities in accordance with the requirements of the MARPOL Convention. Port regulations will be amended accordingly and the necessary guidelines and technical notes will be developed. This corrective action will be completed by 31 December 2017.\n', 'FD\n793 The responsible entities of the State had not carried out periodical evaluation or review of their performance in fulfilling the port State obligations of the State under the applicable IMO instruments (III Code, paragraph 63).\nRoot cause\n794 Lack of a culture to periodically evaluate and review performance, and lack of documented procedures and insufficient number of qualified personnel.\nCorrective action\n795 The maritime administration will recruit additional personnel and will institutionalize, on a periodic basis, a documented evaluation and review programme of its performance in port State activities. This corrective action will be completed by 31 March 2017.\n', 'FD\n796 Issues related with the carriage of DG at sea were not sufficiently regulated, implemented or supervised (SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/3; SOLAS 1974, regulation VII/7.5; MARPOL, Annex III, regulation 2; III Code, paragraph 54; III Code, paragraph 55; III Code, paragraph 57).\nRoot cause\n797 The State was not aware that the regulations and guidelines for the implementation of IMDG, IMSBC and Grain Codes should be developed independently.\nCorrective action\n798 The State will adopt and develop regulations, guidelines and procedures for handling, carriage and transportation of DG under IMDG, IMSBC and Grain Codes. The State will also\nAnnex, page 116\nissue the detailed provisions as a Marine Notice including quantity limitations and exceptions for preventing or minimizing pollution of the marine environment by harmful substances. The requirements for reporting to IMO will be complied using established reporting protocols as will be in the reporting procedure. This corrective action will be completed by 31 December 2018.\n', "FD\n799 There are no MARPOL Annexes II, IV and VI port reception facilities, commensurate with the type's ships and volume of shipping traffic. Alleged inadequacies for Annex V reception facilities were not reviewed and addressed (MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex VI, regulation 17.2; III Code, paragraph 55; III Code, paragraph 56).\nRoot cause\n800 Whilst the responsibility of meeting the obligations of MARPOL Annexes II and IV rests with the Port Authority and the Maritime Agency, lack of working procedures and mutual recognition of responsibilities have hindered the implementation. There was total lack of communication between the two entities.\nCorrective action\n801 The State will provide port reception facilities to cover the requirements of Annexes II, IV and VI of MARPOL in all ports. Contractual agreements of the port concession will include the provision of these facilities with adequate capacity based on ship traffic projections. The GISIS procedure will be developed and reporting, update and complaints will be timely handled. This corrective action will be completed by 31 December 2018.\n", "FD\n802 Port State control inspections had no supporting national legislation, including the legal right of a shipowner to seek redress in case of possible questionable detention. Notification on the detention of a foreign flag ship under PSC was not provided to the flag State (SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; III Code, paragraph 54; III Code, paragraph 55; III Code, paragraph 60; III Code, paragraph 62; III Code, paragraph 63).\nRoot cause\n803 The State did not deem it necessary to develop the processes to leverage on the enhanced capacity provided by the regional MoU on PSC. There was no mechanism developed to evaluate and improve the quality of inspections and the surveyors' performance. Training programmes were conducted by the regional MoU on PSC and not by the State.\nCorrective action\n804 The State will review and update the Merchant Shipping Act (2007) and promulgate subsidiary legislations and processes in line with resolution A.1052(27). The regulations will contain established guidelines for port State control programme, which will contain policies, instructions or professional conduct for PSC activities. Measures will be put in place to detain ships when necessary and process for notification to flag Administrations in case of a detention will be established. The inspections and results will be evaluated against that set for the State in relation to the regional MoU on port State control. This corrective action will be completed by 27 December 2019.\nAnnex, page 117\n", 'FD\n805 The authority did not sufficiently regulate and implement mandatory provisions related to fuel oil suppliers, which include regulating the provision and retention of bunker delivery notes by fuel oil suppliers and verification of fuel oil quality (MARPOL, Annex VI, regulation 18.10; III Code, paragraph 57).\nRoot cause\n806 The State ratified Annex VI of MARPOL in 2015. The process of domestication is in progress. The operational resource, structure correlation and responsibilities are still at the formative stage.\nCorrective action\n807 The State will transpose MARPOL Annex VI into national legislation; subsidiary regulations and implementation guidelines will be equally developed. The bunkering process documentation and related operational documents will be retained for the specified period as required under national regulations and the Convention. This corrective action will be completed by 31 December 2018.\n', 'FD\n808 There was no objective evidence to confirm compliance with a number of the requirements of the IMDG Code, such as, appointment of a competent authority for handling matters related to dangerous cargoes in accordance with chapter 7.9.1.2 and training of shore-based personnel engaged in the transportation of DG under chapter 1.3.1 of the IMDG Code (SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; IMDG Code, chapter 7.9; III Code, paragraph 54; III Code, paragraph 55).\nRoot cause\n809 The appointment of the competent authority for handling matters relating to DG had not been done, which led to the non-fulfilment of a number of requirements relating to the IMDG Code.\nCorrective action\n810 The maritime authority will be confirmed as the competent authority for handling matters relating to DG. Inspectors of the maritime authority will be trained in the transportation of DG under section 1.3.1 of the IMDG Code. Procedures for the implementation of the IMDG Code will be adopted and implemented. Shore-based personnel will be provided training on the handling, stowage and transportation of IMDG cargo. This corrective action will be completed by 30 December 2017.\n', 'FD\n811 There was no evidence to confirm that appropriate port reception facilities or equivalent arrangement to accept ship generated waste regulated under MARPOL 73/78 to which the State is a Party, were made available and collection of ship-generated waste is monitored (MARPOL, Annex I, regulation 38.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 56.1).\nAnnex, page 118\nRoot cause\n812 The collection of waste was primary done by the shipping agents, which was not fully assessed in terms of available facilities and quantity and types of waste received.\nCorrective action\n813 The State has agreements to establish a regional port reception facility in its territory. Suitable land upon which the facility is to be built will be identified, once the port relocation has been completed and land allocated. The State will conduct inspection of port operator facilities in accordance with the New Marine Pollution (Ships and Installation) Act section 49 "Port Operators to provide waste reception facilities". The State will develop a procedure to monitor collection of ship generated waste and its disposal. This corrective action will be completed by 30 December 2018.\n', 'FD\n814 There was objective evidence to confirm that the maritime administration did not employ properly qualified, trained and skilled PSCOs and did not develop a documented training and retraining programmes for PSCOs. PSC inspections are always not carried out by authorized and qualified PSCOs in line with the relevant procedures adopted by IMO (III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n815 The State did not specify qualification requirements for the recruitment of PSCOs. PSCOs had not undergone any structured training programme.\nCorrective action\n816 The State will develop a qualification requirement for PSCOs and implement formalize training and retraining programme to ensure suitable qualified officers are equipped with the training for inspection of all types of ships including LNG and Large Crude Oil Carriers. All authorized PSCOs will be issued an identity document to denote the authorization granted when visiting ships for PSC inspections. This corrective action will be completed by 30 December 2018.\n', 'FD\n817 There was no policy and procedure in place for the State to periodically evaluate its performance in respect of exercising its rights and meeting its obligations under the mandatory IMO instruments as a port State (III Code, paragraph 63).\nRoot cause\n818 There was lack of awareness of the requirement for evaluation and review of the obligations and rights exercised by the State; and the responsibility for developing policies for monitoring of port State obligations was not clearly defined.\nCorrective action\n819 The maritime authority will document in the management system the requirement and procedure to conduct an annual evaluation and review of its performance in implementing port State activities. This corrective action will be completed by 30 December 2017.\nAnnex, page 119\n', 'FD\n820 Although there were references to certain IMDG Code provisions in national legislation, the IMDG Code was not fully implemented and enforced. There was no objective evidence to confirm compliance with a number of requirements of the IMDG Code, including appointment of a "Competent Authority" for the handling matters related to dangerous cargoes and training of shore-based personnel engaged in the transportation of DG (SOLAS 1974, regulation VII/2.4; IMDG Code, section 1.3.1; III Code, paragraph 53; III Code, paragraph 55).\nRoot cause\n821 Due to the insufficient number of personnel with maritime expertise in the Administration, was not possible to fully comply with the obligations provided in the IMDG Code, and in particular, to promulgate necessary national legislation giving full effect to the mandatory requirements.\nCorrective action\n822 The maritime administration will increase its workforce of specialized personnel in order to ensure the full implementation and enforcement of the requirements of the IMDG Code based on the elaboration and promulgation of the appropriate national legislation. This corrective action will be completed by 31 March 2020.\n', 'FD\n823 The maritime administration had not performed periodic evaluation on its performance in respect of exercising its rights and meeting its obligations as port State under the applicable mandatory IMO instruments (III Code, paragraph 63).\nRoot cause\n824 Due to restructuring of the maritime administration, it was not possible to monitor the effectiveness of all port waste reception and management plans, which had been approved.\nCorrective action\n825 As an immediate correction, the port authorities will be required to send to the maritime administration the relevant reports, as required by the national legislation. An annual plan of monitoring of the execution of the approved port waste reception and management plans will be developed and implemented. Such plan will be developed based on a risk matrix, taking into account the information sent by the port authorities involved, and it will ensure that at all ports are effectively monitored on a three-year cycle basis. This corrective action will be completed by 30 November 2016.\n', 'FD\n826 The maritime administration had not implemented policies and guidance that would facilitate the implementation and enforcement of port State obligations and responsibilities contained in the applicable conventions and protocols to which the State is Party and had not assigned the responsibilities for doing so and future updates (III Code, paragraph 54).\nRoot cause\n827 Lack of regulation and legal basis in national legislation and a lack of documented procedures and human and financial resources has contributed to this finding.\nAnnex, page 120\nCorrective action\n828 Pursuant to the mandatory provisions of the conventions, as amended, and protocols to which the State is Party, the Ministry responsible for merchant shipping will develop and implement national regulations and guidelines that will assist in the implementation and monitoring of compliance with obligations and responsibilities of the State as a port State, will strengthen its human capacity and assign and document the responsibilities of the personnel assigned to these tasks. The new arrangements will cover, but not be limited to, port State control activities, port reception facilities and handling of DG and other cargoes in ports. This corrective action will be completed by 31 January 2019.\n', 'FD\n829 There were no reception facilities available in ports as required by Annexes II and IV of MARPOL. In addition, it could not be demonstrated that the garbage collection service providers complied with the updated requirements of MARPOL, Annex V (MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 7; III Code, paragraph 56.1).\nRoot cause\n830 The obligation to provide ports with waste reception facilities in accordance with MARPOL was not clearly specified in the national legislation and there was a lack of rigorous monitoring of compliance of the activities of port service providers in accordance with the requirements of MARPOL, Annex V.\nCorrective action\n831 The Ministry in charge of merchant marine will elaborate and implement national legislation, in line with the obligations under the Annexes of the MARPOL Convention, obliging the State to establish reception facilities in accordance with the requirements of the convention in its ports. Port regulations will be amended accordingly and technical guidelines and notes will be developed prior to the issuance of any authorization for the exercise of this activity. A documented monitoring and on-site verification system will be established. This corrective action will be completed by 31 December 2019.\n', 'FD\n832 There was no legislation, guidance or procedures in place to ensure that:\n.1 port State control inspections are conducted in accordance with the provisions of relevant IMO instruments and other documents; and\n.2 the requirements of the IMSBC Code are complied with.\n(SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; STCW 1978, article X; IMSBC Code, paragraph 4.3.3; III Code, paragraph 57).\nRoot cause\n833 Lack of awareness of the applicable international requirements; lack of human and material resources; lack of national legislation governing PSC and a lack of provisions covering the obligations under the IMSBC Code.\nAnnex, page 121\nCorrective action\n834 The Ministry responsible for merchant shipping will develop and implement national legislation, guidelines and procedures for the administration of a PSC programme. It will ensure the implementation of resolution A.1052(27), which establishes PSC procedures and the Code of Good Practice for PSCOs and will issue guidelines to define the degree of responsibility and authority of the PSCOs. The inspection service will be strengthened by additional technical and material resources for the conduct of this activity and the PSCO Manual will be officially adopted and applied. A specialized training programme for PSCOs will be developed and implemented, taking into account the observed shortcomings in interpreting and analysing mandatory IMO instruments, in particular for the IMSBC Code. This corrective action will be completed by 31 January 2019.\n', 'FD\n835 The maritime administration had not effectively implemented the provisions of the IMDG Code, in particular with regard to:\n.1 designation of the competent authority;\n.2 a special list or manifest setting forth DG on board and the location thereof were not made available to the appropriate authority before the ship\'s departure;\n.3 training programme for shore-based personnel engaged in DG related\nmatters;\n.4 management system covering activities related to the handling of DG; and\n.5 detailed instructions on emergency response and emergency medical care required in case of an incident due to DG\n(SOLAS 1974, regulation VII/2.4; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragraph 57).\nRoot cause\n836 Lack of regulations and a lack of understanding of the provisions of the IMDG Code led to the failure to comply with its requirements, including the requirements for the training of shore-based personnel.\nCorrective action\n837 The Ministry responsible for merchant shipping will develop rules for handling of DG in ports, which will include the requirements of the IMDG Code, as well as any future amendments, and will consequently update the existing port regulations. In addition, the maritime administration will establish a "dangerous goods unit" within the ports, will develop a documented procedure for the implementation of the mandatory provisions and establish a training programme for all personnel involved in the implementation of the IMDG Code. The mandatory information shall be communicated to IMO, including details of the "competent authority". This corrective action will be completed by 30 January 2019.\nAnnex, page 122\n', 'FD\n838 The maritime administration had not conducted any periodic assessment or review of performance in respect of its port State obligations under mandatory IMO instruments (III Code, paragraph 63).\nRoot cause\n839 Lack of a formal regulatory framework for mandatory evaluation and periodic performance review by the maritime administration and a lack of coordination between the services involved in port State activities.\nCorrective action\n840 The maritime administration will institutionalize a documented programme of periodic assessment and performance review to meet its obligations under the mandatory IMO instruments in the context of port State activities. This corrective action will be completed by 31 December 2019.\n', 'FD\n841 It could not be demonstrated that individuals authorized to conduct port State control by the maritime administration had no commercial, financial or other pressures and had no commercial interest, either in the port of inspection or in the ships inspected, in ship repair facilities or in any support services in the port or elsewhere, or employed by ROs or classification societies to do any work on their behalf (SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; STCW 1978, article X; III Code, paragraph 62).\nRoot cause\n842 Lack of a regulatory framework governing the professional conduct of the staff in charge of PSC, including the avoidance of conflict of interest.\nCorrective action\n843 The Ministry responsible for merchant shipping will develop and implement legislation to ensure that personnel in charge of PSC are independent of any commercial or financial interest. This corrective action will be completed by 31 January 2019.\n', 'FD\n844 No entity was designated to deal with matters pertaining to dangerous cargoes. The persons handling dangerous cargo were not aware of the safety and reporting requirements under the IMDG Code. Detailed instructions on emergency response and medical first aid relevant to incidents involving DG in packaged form were not issued (SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; III Code, paragraph 57).\nRoot cause\n845 The State did not fully transpose SOLAS 1974, including its latest amendments and protocols into national legislation, hence measures taken by the State to ensure appropriate observance and the implementation of the various codes, including the IMDG Code, were not properly coordinated.\nAnnex, page 123\nCorrective action\n846 Necessary procedures and legislation to incorporate the requirements of the mandatory IMO instruments and codes, including the IMDG Code will be prepared and a monitoring mechanism will be established. The State shall develop appropriate legal framework for port State enforcement mechanism to ensure compliance with these mandatory requirements. Aligned agencies shall be sensitized and relevant legislation aligned to the mandatory IMO requirements. Training and capacity building programmes to facilitate knowledge sharing shall be organized. This corrective action will be completed by 31 December 2018.\n', "FD\n847 Although PSC inspections were conducted, the State did not define and implement policies on PSC through issuing national legislation and guidance. There was no legal authorization of personnel who carried out PSC inspections and no formal requirements prescribed for their qualification. In addition, PSC inspections were conducted in areas covered by mandatory IMO instruments to which the State is not a Party. No process was established to administer the PSC programme, including policies and criteria for conducting PSC inspections, collection of data on ships calling the port and their selection for inspection, procedures and instructions and training programme for continuous updating of PSC officers' knowledge (III Code, paragraph 54; III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n848 Inadequate national legislation on PSC is a consequence of the maritime sector ranking low in the legislative prioritization. No long-term certification training was provided due to financial constraints, hence there is a lack of qualified inspectors. PSC inspections conducted in areas covered by mandatory IMO instruments to which the State is not a Party is due to oversight.\nCorrective action\n849 The maritime administration is in the process of reviewing national legislation pertaining to PSC, including a monitoring mechanism, as well as legal authorization of personnel who carried out PSC inspections and formal requirements for their qualification. A process for administering the PSC programme, as well as necessary procedures and instructions will be established, including policies and criteria for conducting PSC inspections, collection of data on ships calling the port and their selection for inspection. Training and capacity building programmes to facilitate knowledge sharing shall be organized. Regional Memorandum of Understanding on PSC will be signed by the State within 6 months. This corrective action will be completed by 31 July 2018.\n", 'FD\n850 It was established that no performance evaluation mechanism was in place to evaluate and review the port State obligations under applicable IMO instruments (III Code, paragraph 63).\nRoot cause\n851 Due to a failure to transpose and implement relevant IMO instruments, there was inadequate information on the performance in meeting the obligations under those instruments and a lack of understanding on the need to evaluate the level of performance. There was a\nAnnex, page 124\nlack of a legal basis for regular monitoring in respect of the compliance with the mandatory IMO instruments. Due to a lack of competent human resources, there was inadequate technical comprehension and staffing available to establish a mechanism to evaluate and review port State processes, as required under the relevant IMO instruments. Inadequate funding to support outsourcing of subject matter experts and recently established QMS also contributed to this finding.\nCorrective action\n852 Appropriate legislation shall be drafted to address the evaluation and review of port State obligations and requirements. The responsible government entities shall establish regular monitoring programmes in order to evaluate their performance in respect of the port State obligations under the mandatory IMO instruments. Evaluation and review of port State performance and any corrective action, as appropriate, will be undertaken periodically in accordance with the applicable IMO procedures and guidance, as well as regional MOU procedures. Quality management system shall be reviewed and updated. This corrective action will be completed by 31 July 2017.\n', 'FD\n853 There was insufficient evidence to establish that the periodic evaluation and review of performance of the State in performing its obligations as a port State had been carried out (III Code, paragraph 63).\nRoot cause\n854 There was a lack of understanding by the maritime administration on the need to carry out periodic evaluation of performance in respect of meeting its port State obligations, including port reception facilities and PSC activities.\nCorrective action\n855 The maritime administration will develop relevant procedures and guidelines in conjunction with the relevant entities to assist them in effective implementation of port State obligations. Periodic evaluation of performance of each entity in respect of overall port State obligations will be reviewed annually during the MAIC meeting, which includes the assessment of adequacy of port reception facilities established under MARPOL. The maritime administration will develop a plan to increase the number of PSC inspections of foreign ships visiting its ports for 2017 and beyond and will analyse inspection results for evaluation of PSC performance. This corrective action will be completed by 31 December 2017.\n', 'FD\n856 There was no evidence that the State fulfilled the requirements of the IMDG Code, particularly in relation to the designation of the "competent authority". On the other hand, the division of functions between the maritime and port authorities left the implementation of the mandatory requirements of the IMDG Code incomplete, in particular:\n.1 detailed instructions on emergency response and medical first aid relevant to incidents involving DG in packaged form;\n.2 training programme for shore-based personnel engaged in the transport of\nDG; and\nAnnex, page 125\n.3 a management system for all activities related to DG\n(SOLAS 1974, regulation VII/2.4; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; IMDG Code, section 7.9; III Code, paragraph 57).\nRoot cause\n857 The following factors contributed to this finding:\n.1 lack of regulation and a lack of knowledge of the IMDG Code requirements; and\n.2 lack of coordination amongst the entities responsible for managing DG and a lack of training.\nCorrective action\n858 The maritime administration will develop a regulation covering DG, transposing the requirements of the IMDG Code, as well as any future amendments. In addition, the maritime administration will develop a documented procedure for implementation of mandatory requirements and establish a training programme for all personnel involved in the implementation of the IMDG Code. Mandatory information will be communicated to IMO, including details of the "competent authority". This corrective action will be completed by 30 June 2017.\n', 'FD\n859 There was no legislation, guidelines or procedures to ensure that the maritime administration conducted PSC activities according to international and regional commitments (SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; STCW 1978, article X; III Code, paragraph 55).\nRoot cause\n860 Lack of legislation covering PSC activities and a lack of detailed working procedures for PSCOs.\nCorrective action\n861 The maritime administration will develop the necessary legislation for the conduct of PSC activities, the mandatory notification to the flag State and IMO, in the case of detention of a foreign ship in a port of the State. Including the responsibilities and lines of authority. All international and regional guidelines will be considered and integrated into the legislation to ensure uniformity of PSC inspections. Detailed procedures for inspections, in accordance with resolution A.1052(27), will be developed and the inspection service will be strengthened with adequate technical and material resources to conduct port State activities.\nThis corrective action will be completed by 31 December 2017.\n', 'FD\n862 Although the government is a Party to MARPOL Annex IV, its port was not fitted with reception facilities for collection of sewage (MARPOL, Annex IV, regulation 12.1; III Code, paragraph 56.1).\nAnnex, page 126\nRoot cause\n863 The obligation to provide port reception facilities in conformity with the requirements of MARPOL was not clearly specified in national legislation.\nCorrective action\n864 The following actions will be implemented:\n.1 the maritime administration will develop and implement legislation obliging the port to adopt reception facilities conforming to the requirements of the MARPOL Convention. Port regulations will be amended accordingly and necessary guidance and technical notes will be developed; and\n.2 effective implementation of the Master Plan on marine resources as discussed at the 2015 Maritime Conference, as a basis for the creation of port infrastructure for waste treatment and oil residues.\nThis corrective action will be completed by 31 December 2017.\n', 'FD\n865 The maritime administration had not carried out any periodic evaluation or review of its actions to fulfil its obligations under the applicable mandatory IMO instruments as a port State (III Code, paragraph 63).\nRoot cause\n866 Lack of a culture to periodically evaluate and review performance, a lack of documented procedures and insufficient number of qualified personnel.\nCorrective action\n867 The maritime administration will recruit additional personnel and will institutionalize a periodic documented evaluation and review of performance for port State activities. This corrective action will be completed by 31 December 2017.\n', 'FD\n868 Even though there was evidence of compliance with the requirements of the IMDG Code and the latest amendments were drafted in order to update the provisions, the aforementioned amendments were not yet implemented (e.g. Management System – role of the competent authority) (SOLAS 1974, regulation VII/3; IMDG Code, section 1.5.3; III Code, paragraph 55).\nRoot cause\n869 The lack of instructions and procedures for timely updating and implementing the latest amendments to the IMDG Code. In addition, there was a lack of coordination with port authorities in relation to the implementation and enforcement of the IMDG Code.\nCorrective action\n870 The maritime administration will develop circular letters for the implementation of the latest provisions of the IMDG Code and to establish a coordination programme and strengthening of monitoring process with the other entities involved regarding handling, transportation and storage of DG. This corrective action will be completed by 1 May 2017.\nGENERAL\n', 'FD\n6 Transposition of amendments to the applicable mandatory IMO instruments into national legislation was not carried out in a timely manner, in order to provide the necessary legal basis for implementation and enforcement. Therefore, the associated investigative and penal processes were not adequate (SOLAS 1974, article I; MARPOL, article 1; LL 1966, article 1; COLREG 1972, article I; III Code, paragraph 8.1; III Code, paragraph 8.2).\nRoot cause\n7 The legislative process involved, through the direct referencing method, to incorporate the numerous and successive amendments to IMO instruments into national law could not be achieved in a timely manner.\nCircular Letter No.3879\nAnnex, page 2\nI:\\C_L\\CL.3879.docx\nCorrective action\n8 The State will implement the arrangements outlined in its Strategy to implement the III Code, which stipulates:\n.1 a comprehensive review of existing national maritime legislation to determine any gaps in the transposition of the applicable international conventions, which will include review of all sanctions and penalties in order to ensure effective enforcement of national laws; and\n.2 the establishment of a specialized permanent Committee for revision of national legislation and for ensuring its effectiveness regarding provisions of mandatory IMO instruments and related amendments. The Committee will oversees a process of monitoring and timely transposition into national legislation of requirements stemming from the applicable IMO instruments, including their amendments.\nThis corrective action will be completed by 31 March 2020.\n', "FD\n9 There was no objective evidence that the State fulfilled all communication of information requirements emanating from the mandatory IMO instruments. For example, there was no evidence that reports in accordance with MEPC/Circ.318 had been submitted to IMO (III Code, paragraph 9).\nRoot cause\n10 Coordination among the State's entities concerned was not sufficient with regard to reporting to IMO in accordance with MEPC.1/Circ.318.\nCorrective action\n11 Mandatory provisions regarding communication of information to IMO will be implemented continuously through coordination among the different government entities using the standardized forms for reporting to IMO. All reports, as well as relevant updates in GISIS modules, will be communicated to IMO by 30 September of each year. This corrective action will be completed by 30 September 2017.\n", 'FD\n12 There was no system in place for transposing amendments to the mandatory IMO instruments into national legislation, and there was insufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State (SOLAS 1974, article I; MARPOL, article 1; LL 1966, article 1; COLREG 1972, article I; III Code, paragraph 8).\nRoot cause\n13 The lack of technical knowledge and lack of awareness.\nCircular Letter No.3879\nAnnex, page 3\nI:\\C_L\\CL.3879.docx\nCorrective action\n14 The State will:\n.1 develop and implement a mechanism to follow-up all new mandatory IMO instruments, amendments to existing ones and to monitor respective dates of their entry into force in order to ensure their transposition into national legislation in a timely manner;\n.2 establish a road map and an action plan to ensure continuous compliance with new amendments adopted by IMO;\n.3 incorporate all applicable IMO conventions into national legislation and initiate appropriate legislating procedure;\n.4 establish a system to ensure that texts of newly adopted national legislation is periodically communicated to IMO;\n.5 develop and implement a legal procedure for the enactment of national laws for various mandatory IMO instruments;\n.6 develop guidance and procedures for monitoring amendments to existing mandatory IMO instruments;\n.7 develop and implement a training programme for existing staff in order to improve their competence in monitoring of amendments to existing mandatory IMO instruments and provide sufficient resources for implementation and translations; and\n.8 develop a strategy for training of existing staff and recruiting new, skilled personnel.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n15 There was no methodology for overall continuous performance monitoring of the State. No formal system was put in place to periodically evaluate and improve the effectiveness of the State in conducting general, flag, coastal and port State activities (III Code, paragraph 11; III Code, paragraph 12; III Code, paragraph 13).\nRoot cause\n16 The lack of national strategy, which assigns responsibilities, methodologies and standards for periodical evaluation of overall performance of the State in respect of exercising its rights and meeting its obligations under the applicable IMO instruments. Non-existence of a national platform that allows inter-agency cooperation on maritime issues.\nCorrective action\n17 The State will implement a mechanism for periodic monitoring and evaluation of the overall performance of all involved State entities in exercising general, flag, coastal and port State activities, including designation of dedicated personnel to undertake periodic evaluation. A national platform will be established to ensure continuous cooperation of all involved entities\nCircular Letter No.3879\nAnnex, page 4\nI:\\C_L\\CL.3879.docx\nin evaluation, review and analysis of non-conformities under the applicable mandatory IMO instruments and their communication. This corrective action will be completed by 31 August 2020.\n', 'FD\n18 Transposition of the mandatory IMO instruments and their amendments into national legislation, including those amendments entering into force under the tacit amendments procedure and the amendments to the international codes, were often not carried out prior to their entry into force. In addition, the availability of personnel with maritime expertise to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State was not sufficient (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 4; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n19 Owing to a lack of financial, material and human resources, the transposition of the mandatory IMO instruments and their amendments into national legislation, could not be carried out in a timely manner.\nCorrective action\n20 The State will implement the following corrective actions:\n.1 the responsible entities will develop formal procedures to ensure that, in the future, all the amendments are transposed into national legislation and promulgated. In order to achieve this goal, the responsible entity will appoint experts within its structure to deal with each of IMO instruments, as required; and\n.2 the responsible entity will carry out an assessment of all the amendments and protocols and other instruments that already entered into force and were not transposed into national legislation, with a view to their transposition and promulgation as national laws, where applicable. In addition, an analysis of the personnel with maritime expertise necessary to assist in the promulgation of the necessary national laws will be carried out and proposed additional human resources will be hired or relocated.\nThis corrective action will be completed by 30 September 2020.\n', 'FD\n21 The State was not able to fulfil its obligations regarding communication of information to IMO under the applicable mandatory IMO instruments (e.g. information on text of laws, orders, decrees and regulations; details of recognized organizations (ROs) and specimen of certificates). It was established that the maritime administration did not have in place a mechanism, including policies, assigned responsibilities and instructions, as necessary, to ensure collection of relevant information and communication of mandatory reports to IMO (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; STCW 1978, article IV; TONNAGE 1969, article 15; III Code, paragraph 9).\nCircular Letter No.3879\nAnnex, page 5\nI:\\C_L\\CL.3879.docx\nRoot cause\n22 There was a lack of documented procedure to identify and address communication of information requirements under the applicable mandatory IMO instruments. In addition, the maritime administration did not have a mechanism to collect and translate relevant data in order to communicate mandatory information to IMO.\nCorrective action\n23 The State will develop a documented procedure for communication of information and mandatory reporting to IMO in coordination with the various entities involved. A unit within the responsible entity will be designated to coordinate various tasks in the collection and communication of information to IMO from all relevant entities of the State, including keeping all relevant modules in GISIS up-to-date. This corrective action will be completed by 31 January 2020.\n', 'FD\n24 There was no documented procedure in place to define control, identification, storage, protection, retrieval, retention and disposition of the records necessary to provide evidence of conformity to requirements and of the effective operation of the State (III Code, paragraph 10).\nRoot cause\n25 The maritime administration was not aware of the requirement for a documented procedure on record-keeping.\nCorrective action\n26 A template for a record keeping procedure will be made available to all governmental entities involved and these entities will develop and implement a general procedure for a centralized system of record keeping in each Government entity. Specific personnel will be assigned within the various Government entities to deal with the record keeping and backup arrangements will be defined and put in place for electronic records. Furthermore, the implementation of the procedures for the record keeping systems in all Government entities involved will be verified through internal audits. This corrective action will be completed by 31 October 2019.\n', 'FD\n27 There was no objective evidence to demonstrate that the State continually improves the adequacy of the measures which are taken to give effect to those conventions and protocols to which it is Party. Besides, a culture which provides opportunities for improvement of performances in maritime safety and environment protection activities were not in place and measures to identify and to eliminate the cause of non-conformities to prevent their recurrence had not been taken (III Code, paragraph 11; III Code, paragraph 12; III Code, paragraph 13).\nRoot cause\n28 There was a lack of financial and human resources.\nCorrective action\n29 The State will implement the following corrective actions:\nCircular Letter No.3879\nAnnex, page 6\nI:\\C_L\\CL.3879.docx\n.1 a documented procedure will be developed and implemented by all relevant governmental entities in order to evaluate the effectiveness of the implementation of the mandatory IMO instruments to which the State is Party;\n.2 key performance indicators will be incorporated into the overall national maritime strategy for performance evaluation;\n.3 joint audits will be conducted to evaluate the performance of the State in the implementation of the mandatory IMO instruments;\n.4 specific roles had been assigned to agencies and entities to implement and enforce the provisions of national legislation stemming from the mandatory IMO instruments; and\n.5 educational and sensitization programmes will be undertaken for all stakeholders, including shipping companies. In addition, a policy will be developed involving all relevant entities of the State to ensure that joint drills on safety and pollution prevention are carried out. The roles of those entities will be captured in the national maritime strategy, while the scope of the policy will be related to the legal mandate of the specific entities.\nThis corrective action will be completed by 21 March 2020.\n', "FD\n30 Following the signature of Royal Decrees authorizing ratification of IMO instruments, the State had not given full and complete effect to those instruments by incorporating them into its national legislation (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 4).\nRoot cause\n31 The lack of resources within the maritime administration caused delay in the transposition of the ratified mandatory IMO instruments into national legislation. Furthermore, the process of ratifying a new convention or amendments to existing instruments in the State's legal system was lengthy, which posed a heavy burden on the maritime administration.\nCorrective action\n32 The State will:\n.1 develop and implement a road map and an action plan for transposition, implementation and enforcement of the requirements stemming from the mandatory IMO instruments and for the establishment of mechanisms aiming at monitoring new amendments adopted by IMO, in order to ensure continuous compliance; and\n.2 draft and adopt a new maritime transport legislation, whereby sub-decrees and proclamations will be incorporated into national legislation in order to implement and enforce the mandatory IMO instruments to which the State is Party.\nThis corrective action will be completed by 11 December 2020.\nCircular Letter No.3879\nAnnex, page 7\nI:\\C_L\\CL.3879.docx\n", 'FD\n33 There was no objective evidence that the State had incorporated into its national legislation amendments to the mandatory IMO instruments to which it is Party and the legal basis for the enforcement of national legislation, including the associated investigative and penal processes had not been established. In addition, the State had insufficient personnel with maritime expertise to assist in the promulgation of national legislation and to discharge all its responsibilities (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8).\nRoot cause\n34 The following factors contributed to this finding:\n.1 the frequency of updates and amendments to mandatory IMO instruments posed a heavy burden on the maritime administration due to its lengthy legal system; and\n.2 a lack of a regulatory monitoring process, difficulties in tracking regulatory changes at IMO, and insufficient personnel at the maritime administration to undertake such responsibilities.\nCorrective action\n35 The State will implement the following actions:\n.1 a regulatory monitoring unit, with sufficient number of competent personnel, has been established and a documented procedure will be developed and implemented to ensure monitoring of amendments to the mandatory IMO instruments that enter into force in order to keep the national legislation up-to-date; and\n.2 professional assistance will be sought, including IMO technical assistance, to assess the current legal framework and to provide recommendations on enacting future amendments to the mandatory IMO instruments into national legislation.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n36 The State had not communicated to IMO information required by the mandatory IMO instruments to which the State is Party and there was no mechanism in place to ensure that relevant and mandatory information was communicated to IMO (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n37 There was a lack of documented procedures in place for involved government entities for a controlled and systematic communication of information to IMO as required by the mandatory IMO instruments, including texts of national legislation, model of certificates and mandatory reports, a lack of sufficient personnel with the requisite knowledge and training to undertake such tasks, and a lack of a mechanism to evaluate the effectiveness of the communication of information to IMO.\nCircular Letter No.3879\nAnnex, page 8\nI:\\C_L\\CL.3879.docx\nCorrective action\n38 The following action will be implemented by the responsible Ministry:\n.1 a documented procedure will be developed and implemented to ensure that all relevant information is submitted to IMO as required by the applicable IMO instruments, including, but not limited to, texts of national legislation, model of certificates and annual reports required for pollution;\n.2 a team will be designated to undertake this task while a monitoring mechanism and periodical assessment will be implemented to ensure continuous compliance with relevant requirements;\n.3 reporting requirements in the areas of responsibility of other entities of the State involved in the implementation and enforcement of the mandatory IMO instruments will be reviewed and relevant reporting organized, as appropriate; and\n.4 all missing reports and information, as required by the mandatory IMO instruments, will be submitted to IMO.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n39 There was objective evidence that records were not readily identifiable and retrievable and no documented procedure was in place to define the controls needed for the identification, storage, protection, retrieval, retention and disposition of records (III Code, paragraph 10).\nRoot cause\n40 The maritime administration did not establish procedures for record-keeping by relevant government entities. There was a lack of adequate resources and technical know-how to ensure an efficient management of data.\nCorrective action\n41 The following actions will be implemented:\n.1 the maritime administration will develop and implement a documented procedure for the handling, storage and disposal of records, in accordance with the relevant laws and regulations of the State for archiving and disposal of records, which will be followed by all relevant State entities. The procedure will include a monitoring mechanism to ensure compliance; and\n.2 training and capacity-building programmes, along with internal audits will be undertaken within the maritime administration, with the primary aim of setting up an efficient document management system, covering all areas of operation relating to the implementation and enforcement of the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2018.\nCircular Letter No.3879\nAnnex, page 9\nI:\\C_L\\CL.3879.docx\n', 'FD\n42 There was no system in place for monitoring and reviewing the State responsibilities and improving the effectiveness of the measures which are taken in carrying out flag, coastal and port State activities. Furthermore, there was no measure in place to stimulate a culture which provided opportunities to people for the improvement of performance in maritime safety and environmental protection activities and no national and regional drills on pollution prevention were conducted (III Code, paragraph 11; III Code, paragraph 12; III Code, paragraph 13).\nRoot cause\n43 There was a lack of understanding of the obligations of the III Code, lack of culture and analysis tools to identify and eliminate causes of any non-conformities and the State did not have a policy or a requirement in place, including designation of an entity to coordinate and provide oversight for continuous improvement in the implementation, enforcement, evaluation and monitoring of the entities charged with the implementation duties.\nCorrective action\n44 The State will establish a national maritime working group with the necessary mandate and develop procedures and tools to periodically review and evaluate implementation and enforcement in the areas of flag, port and coastal State activities, based on performance indicators to be defined and tailored by all involved government entities in order to meet the obligations of the State under applicable IMO instruments. The process will be monitored and reviewed at the national level to ensure continuous improvement. This corrective action will be completed by 31 December 2018.\n', 'FD\n45 No independent evaluation had been carried out and reported to IMO in accordance with STCW 1978, regulation I/8, since 2008 (STCW 1978, regulation I/8.3; III Code, paragraph 9).\nRoot cause\n46 There was a lack of legal provisions relating to STCW 1978 and of understanding of the requirements for communicating information on STCW matters to IMO, as well as a lack of qualified personnel to initiate the independent evaluation.\nCorrective action\n47 By December 2018, the Administration will communicate the mandatory information to IMO, designate an officer in charge of communication and establish a documented procedure to ensure consistency of reporting to IMO in the future. In addition, the Administration will undertake the development and implementation of national regulations stemming from STCW 1978 and will develop a documented procedure for the organization of the independent evaluation and submitting report thereof to IMO. This corrective action will be completed by 30 June 2021.\n', "FD\n48 Following the signature of national laws authorizing the ratification of IMO instruments, the State had not given full and complete effect to those instruments by enacting\nCircular Letter No.3879\nAnnex, page 10\nI:\\C_L\\CL.3879.docx\nrelevant provisions in national legislation (SOLAS 1974, article I; STCW 1978, article I; LL 1966, article 1; COLREG 1972, article I; III Code, paragraph 4).\nRoot cause\n49 The following factors contributed to this finding:\n.1 lack of specialized knowledge to develop appropriate maritime legislation;\n.2 lack of awareness of the rapid progress of the mandatory IMO instruments when national laws and regulations are adopted;\n.3 lack of a structure and regulatory follow-up process; and\n.4 lack of collaboration and coordination between concerned entities of the State.\nCorrective action\n50 The following measures will be implemented:\n.1 the Council of Government Ministers will promulgate maritime laws and regulations including mandatory IMO instruments to which the State is Party and which will be fully integrated into the Maritime and Inland Navigation Code as part of its follow-up;\n.2 a regulatory directorate will be created within the Administration to ensure regulatory follow-up of the Organization's instruments and their amendments including the development of the regulatory provisions for the mandatory IMO instruments and concerned personnel will be trained to enable the writing of the missing texts; and\n.3 the Ministry will develop and adopt a documented procedure for the transposition into national legislation of any mandatory IMO instrument to which the State is Party including its amendments.\nThis corrective action will be completed by 20 June 2020.\n", "FD\n51 There was no objective evidence that the State had incorporated into its national legislation the amendments to the mandatory IMO instruments to which the State was Party or that it had personnel available with maritime expertise capable of assisting in promulgating national legislation with a view to discharging its responsibilities (SOLAS 1974, article I; STCW 1978, article I; LL 1966, article 1; COLREG 1972, article I; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n52 The following factors contributed to this finding:\n.1 lack of knowledge of the rapid progress of the amendments to the mandatory IMO instruments by the legislator;\nCircular Letter No.3879\nAnnex, page 11\nI:\\C_L\\CL.3879.docx\n.2 lack of specialized expertise at the level of the relevant State entities to develop appropriate maritime legislation; and\n.3 lack of regulatory follow-up processes.\nCorrective action\n53 The following measures will be implemented:\n.1 establish a regulatory directorate within the main responsibly entity to ensure the regulatory follow-up of the Organization's instruments and their amendments including the development of the provisions for the mandatory IMO instruments;\n.2 a road map and an action plan will be drafted in order to incorporate the appropriate amendments to the IMO instruments into national legislation and for the establishment of mechanisms to enable follow-up of new amendments;\n.3 managers will be trained to enable them the follow-up and incorporate amendments of the mandatory IMO instruments into national legislation; and\n.4 amendments to all applicable mandatory IMO instruments will be incorporated into national legislation.\nThis corrective action will be completed by 12 December 2019.\n", 'FD\n54 The State had not communicated to IMO information required by the mandatory IMO instruments to which it is Party, and there was no mechanism to ensure that the relevant information is communicated to IMO. In addition, the Administration had not established a quality standards system, carried out its independent evaluation and communicated the results to IMO (SOLAS 1974, article III; STCW 1978, article IV; STCW 1978, regulation I/8.3; LL 1966, article 26; III Code, paragraph 9).\nRoot cause\n55 The following factors contributed to this finding:\n.1 lack of a documented procedure for identifying and addressing the communication of information and mandatory reporting requirements to IMO;\n.2 no formal designation of authorized maritime administration officials for this task;\n.3 lack of coordination between the institutions responsible for notifications to IMO; and\n.4 difficulty in accessing GISIS by the person in charge of the maritime administration.\nCircular Letter No.3879\nAnnex, page 12\nI:\\C_L\\CL.3879.docx\nCorrective action\n56 The following actions will be implemented:\n.1 the main responsibly body, in coordination with entities of the State responsible for maritime activities will identify and communicate to IMO all mandatory reports and information, develop and institutionalize a documented procedure for the communication of this information by segregating the information to be communicated via GISIS or those to be submitted directly to the relevant IMO Divisions either by post or electronically;\n.2 the responsible Ministry will designate an IMO Web Account Administrator for the management and administration of the various GISIS modules and request related activation by IMO;\n.3 the main responsibly entity, will establish a new Communication Service with IMO whose main responsibility would be to follow up communication and information to IMO; and\n.4 legislation will be developed and implemented for monitoring the applicable requirements of STCW 1978 Convention, including the communication to IMO of the independent evaluation report required by STCW 1978, regulation I/8.\nThis corrective action will be completed by 6 November 2018.\n', 'FD\n57 There was no documented procedure to define the controls needed for the identification, storage, protection, retrieval and retention time of records (III Code, paragraph 10).\nRoot cause\n58 Lack of regulatory provisions and documented procedures for the management and identification of records.\nCorrective action\n59 The following actions will be implemented:\n.1 the responsible Ministry will develop and implement a documented management system within the regulatory framework and, based on documented procedures to be adopted for record keeping, identify records and define methods for their storage and protection, as well as the retention time and disposition of records; and\n.2 material resources will be provided under the projects funded by international donors.\nThis corrective action will be completed by 15 March 2020.\nCircular Letter No.3879\nAnnex, page 13\nI:\\C_L\\CL.3879.docx\n', 'FD\n60 There was no mechanism or procedure in place to monitor, review and improve the measures taken to give full and complete effect to mandatory IMO instruments and rigorously enforce national legislation. Further, there was no measure in place to stimulate a culture which provided opportunities for improvement of performance in maritime safety and environmental protection activities (III Code, paragraph 11; III Code, paragraph 12.1; III Code, paragraph 12.3; III Code, paragraph 13).\nRoot cause\n61 The mandatory instruments were poorly known, particularly with respect to the promotion of a maritime culture, and the Ministry had not identified and set targets or verified, through an assessment, that the State was meeting IMO obligations for flag, coastal and port State activities.\nCorrective action\n62 The maritime administration will develop and implement a policy of continuous analysis and improvement of measures taken under the mandatory IMO instruments to which the State is Party, covering all flag, coastal and port State activities, by ensuring the promotion of a maritime culture, conducting regional and national exercises on maritime safety and pollution prevention, and establishing a reward scheme for seafarers. This corrective action will be completed by 31 December 2019.\n', 'FD\n63 After signing national laws authorizing ratification of IMO instruments, the State had not given full and complete effect to them by transposing the provisions into its national legislation (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 4).\nRoot cause\n64 The following factors contributed to this finding:\n.1 the lack of monitoring of the transposition into national legislation of the relevant IMO Conventions to which the State is Party;\n.2 the lack of coordination between the legal departments of the administrations responsible for the implementation of the mandatory IMO instruments;\n.3 a lack of understanding and neglect of the procedures by the State entities; and\n.4 the lack of specialized personnel.\nCorrective action\n65 The State will:\n.1 establish a tripartite inter-ministerial commission among the responsible Ministries for the promulgation and transposition into national legislation of the provisions of the mandatory IMO instruments and their amendments; and\nCircular Letter No.3879\nAnnex, page 14\nI:\\C_L\\CL.3879.docx\n.2 recruit and train specialized personnel with technical and legal knowledge in the maritime field.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n66 There was no objective evidence that the State had incorporated into its national legislation the amendments to mandatory IMO instruments to which the State is Party or that it had personnel available with maritime expertise capable of assisting in promulgating national legislation with a view to discharging its responsibilities (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n67 The following factors contributed to this finding:\n.1 the lack of regulatory monitoring mechanisms;\n.2 insufficient personnel with technical background and specialized lawyers; and\n.3 a lack of coordination and communication between the different State entities on the latest IMO amendments and applicable provisions.\nCorrective action\n68 The State will:\n.1 provide a regulatory monitoring unit within the responsible ministry and coordinate with the relevant entities of the State to develop a documented regulatory monitoring procedure to identify amendments to the mandatory IMO instruments and transpose them into national legislation;\n.2 develop a written procedure establishing, attributing and organizing a regulatory monitoring unit;\n.3 appoint two merchant shipping agents to work closely with the IMO;\n.4 recruit and train specialized technical and legal staff; and\n.5 establish a mechanism for coordination and communication between the different entities of the State on the latest amendments and applicable IMO provisions.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n69 The State had not communicated to IMO the information required by the relevant international instruments to which it was a Party and there was no mechanism for ensuring that the relevant information was communicated to IMO (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/8.3; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nCircular Letter No.3879\nAnnex, page 15\nI:\\C_L\\CL.3879.docx\nRoot cause\n70 The following factors contributed to this finding:\n.1 a lack of knowledge of the mandatory information and reports to be provided to IMO and the scope and degree of notification requirements to the Organization; and\n.2 the responsibility for submitting mandatory reports to IMO was not clearly defined, assimilated and distributed among the different components of the State in charge of maritime affairs.\nCorrective action\n71 The maritime administration will:\n.1 develop a documented procedure for the submission of mandatory information and reporting to IMO, including planning and frequency of communication to IMO, as well as traceability of record keeping through a centralized mechanism of reports to record notifications to IMO;\n.2 define, for this purpose, a written designation procedure of the mandated personnel; and\n.3 update the modules in IMO GISIS.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n72 There was no documented procedure to define the controls needed for the identification, storage, protection, retrieval and retention time of records (III Code, paragraph 10).\nRoot cause\n73 The following factors contributed to this finding:\n.1 negligence in the keeping of records and ignorance of the archiving rules;\n.2 lack of qualified personnel;\n.3 lack of a system for recording and archiving maritime incidents, which, as a result, were not communicated to IMO; and\n.4 inexistence of a system for identifying, managing and storing of records.\nCorrective action\n74 The maritime administration will establish a documented procedure to identify the records required for the operation of the maritime administration, its compliance with international obligations, and to define the controls necessary for its storage, protection and retention period. This corrective action will be completed by 31 December 2019.\nCircular Letter No.3879\nAnnex, page 16\nI:\\C_L\\CL.3879.docx\n', 'FD\n75 There was no mechanism or procedure in place to monitor, review and improve the measures taken to give full and complete effect to mandatory IMO instruments and enforce national legislation. Further, there was no measure in place to stimulate a culture which provided opportunities to people for improvement of performance in maritime safety and environmental protection activities (III Code, paragraph 11; III Code, paragraph 12.1; III Code, paragraph 12.3; III Code, paragraph 13).\nRoot cause\n76 A lack of understanding of the obligations of the III Code and lack of culture for the improvement of performance and analysis tools to identify and eliminate the causes of non-conformities.\nCorrective action\n77 The maritime administration will:\n.1 develop and implement continuous training programmes on maritime safety, pollution prevention and protection of the marine environment;\n.2 establish a reward and performance incentive programme for shipping companies and seafarers to enhance safety and pollution prevention; and\n.3 compile enforcement measures and monitor the compliance of mandatory IMO instruments and create standardized procedures for the implementation, monitoring, review, and analysis of possible non-conformities and the implementation of corrective measures and continuous improvement.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n78 Transposition of applicable mandatory IMO instruments to which the State is Party and their amendments into national legislation, including those amendments entering into force under the tacit amendments procedure, was not carried out prior to their entry into force. Furthermore, there was no system in place for reviewing new amendments adopted by IMO, including those entering into force under the tacit amendment procedure, in order to ensure their timely transposition into national legislation (III Code, paragraph 4; III Code, paragraph 8.1).\nRoot cause\n79 There was no documented procedure in place for tracking amendments to IMO instruments, responsibilities of a person/entity was not assigned and the legislative process is slow regarding the incorporation of international conventions into domestic legislation.\nCorrective action\n80 The responsible entity of maritime administration has developed a procedure that includes the assignment of responsibility to specific officers for tracking and recording amendments to relevant IMO instruments. Furthermore, a system will be established to ensure systematic follow-up of new mandatory IMO instruments and amendments to existing ones\nCircular Letter No.3879\nAnnex, page 17\nI:\\C_L\\CL.3879.docx\nand to monitor the date of their entry into force, in order to ensure their transposition into national legislation in a timely manner. Measures will be taken to expedite the transposition of IMO instruments and their amendments into national law through subsidiary legislation and many outstanding regulations have already been drafted. This corrective action will be completed by 30 December 2020.\n', 'FD\n81 The State was not able to fulfil its obligations regarding communication of information to IMO under the applicable mandatory IMO instruments (e.g. information on text of laws, orders, decrees and regulations; details of ROs; specimen of certificates; report on the independent evaluation as required by STCW 1978). It was established that the maritime administration did not have in place a mechanism, including policies, assigned responsibilities and instructions, as necessary, to ensure collection of relevant information and communication of mandatory reports to IMO (III Code, paragraph 9).\nRoot cause\n82 There was no documented procedure in place to ensure timely communication of reports to IMO and specific responsibilities in this respect were not assigned.\nCorrective action\n83 The responsible entity of maritime administration has developed a documented policy setting out the procedure for communication of information to IMO in coordination with the relevant Government entities, which will all establish a procedure for submitting reports through it as coordinator and records keeper. Furthermore, the reporting formats and frequency for the reporting will be incorporated into the procedural manual of the involved Government entities, which will include all applicable reporting requirements in accordance with the communication of information requirements in the mandatory IMO instruments. Focal points of contact for communication of information to IMO will be designated in all relevant maritime entities. This corrective action will be completed by 31 December 2017.\n', 'FD\n84 Records were not always available to provide evidence of conformity to requirements of the mandatory IMO instruments and no documented procedure was in place to define control, identification, storage, protection, retrieval, retention and disposition of records (III Code, paragraph 10).\nRoot cause\n85 A lack of general awareness of the need to have a corporate documented procedure for the control of records in the maritime administration and responsibilities of persons/entities were not assigned in this respect.\nCorrective action\n86 A template for a record keeping procedure will be made available to all involved Government entities and these entities will develop and implement a general procedure for a centralized system of record keeping in each Government entity. Specific personnel to deal with the record keeping will be assigned within the various departments of the Government entities and electronic copies of records will have backup arrangements defined and in place. Furthermore, the implementation of the procedures for the record keeping systems in all involved Government entities will be verified through internal audits. This corrective action will be completed by 30 July 2018.\nCircular Letter No.3879\nAnnex, page 18\nI:\\C_L\\CL.3879.docx\n', 'FD\n87 There was no objective evidence to demonstrate that the State continually improves the adequacy of the measures which are taken to give effect to those conventions and protocols which they had ratified. Besides, a culture providing opportunities for improvement of performances in maritime safety and environment protection activities were not in place and measures to identify and to eliminate the cause of non-conformities to prevent their recurrence had not been taken (III Code, paragraph 11; III Code, paragraph 12; III Code, paragraph 13).\nRoot cause\n88 There was no documented procedure in place for the evaluation and improvement of performance and measures which are taken to give effect to the IMO instruments. Besides, no culture was in place for improvement of performance.\nCorrective action\n89 The maritime administration will implement the following corrective actions:\n.1 a documented procedure will be developed and implemented by all relevant Government entities in order to evaluate the effectiveness of the implementation of the mandatory IMO instruments to which the State is Party;\n.2 key performance indicators will be incorporated into the National Maritime Strategy for performance evaluation;\n.3 joint audits will be conducted to evaluate the performance of the State in the implementation of the mandatory IMO instruments;\n.4 the relevant Government entities will ensure that the penalty processes are instituted where appropriate. Specific roles have also been assigned to agencies and entities to apply and enforce the provisions of national legislation stemming from the mandatory IMO instruments; and\n.5 educational and sensitization programmes for all stakeholders, including shipping companies, will be undertaken. In addition, a policy will be developed involving all relevant entities of the State to ensure that joint drills on safety and pollution prevention are carried out. The roles of those entities are captured in the National Maritime Strategy, while the scope of the policy will relate to the legal mandate of the specific entities.\nThis corrective action will be completed by 30 December 2018.\n', 'FD\n90 Amendments to the mandatory IMO instruments were not enacted into the national law and the State had not promulgated laws and regulations to give Annexes III, IV and V of MARPOL full and complete effect (SOLAS 1974, article I; MARPOL, article 1; III Code, paragraph 4; III Code, paragraph 8.1).\nCircular Letter No.3879\nAnnex, page 19\nI:\\C_L\\CL.3879.docx\nRoot cause\n91 The maritime administration considered that amendments to the applicable IMO instruments, when they enter into force by tacit acceptance at the international level, automatically apply at the national level. Lack of awareness and knowledge of the legislating principles has contributed to this finding. With regard to the transposition into national law of the requirements stemming from MARPOL Annexes III, IV and V, enactment of related national provisions was delayed owing to lack of resources.\nCorrective action\n92 The State will identify and incorporate into its national law all relevant amendments to the applicable IMO instruments. Annexes III, IV and V of MARPOL will be promulgated in national legislation and any supplementary national regulations will be developed in order to assist in the implementation and enforcement of the related requirements through amendments to the Merchant Shipping Act and the Environmental Code. A supervisory mechanism will be established in order to oversee and monitor the administration of the mandatory IMO instruments. This corrective action will be completed by 31 December 2020.\n', 'FD\n93 The State had not developed and promulgated appropriate national legislation to give full and complete effect to the mandatory IMO instruments to which it is Party (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; LL PROT 1988, article I; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8.1; III Code, paragraph 8.2).\nRoot cause\n94 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for development and promulgation of national legislation; and\n.3 the already developed and adopted relevant national legislation could not be promulgated and enacted owing to lack of financial resources.\nCorrective action\n95 Maritime affairs have been given higher priority at the national level. All relevant entities of the State will mobilize human and financial resources and train their personnel for the development, finalization and promulgation of appropriate national legislation. To achieve full compliance, planned corrective actions include:\n.1 drafting, enacting and promulgating relevant maritime safety and marine pollution prevention legislation to give full and complete effect to the relevant IMO instruments;\n.2 implementing the new legislation through appropriate governance, control and enforcement measures by the responsible Ministry;\nCircular Letter No.3879\nAnnex, page 20\nI:\\C_L\\CL.3879.docx\n.3 comprehensive review of the existing legislation, including identifying entities responsible for implementation, enforcement and amending legislation; and\n.4 continuous monitoring of amendments to the applicable IMO instruments to which the State is Party and their transposition into national legislation.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n96 The State had not communicated to IMO and other concerned parties the text of laws and regulations including as required by the respective IMO instruments (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n97 There was a lack of awareness on the extent and level of IMO reporting requirements and the responsibility for submitting mandatory reports to IMO was not clearly defined.\nCorrective action\n98 Maritime affairs have been given higher priority at the national level. The responsible Ministry will set up a written procedure and a central electronic system, which can record, document and provide reports on adequate steps taken for the communication of mandatory information to IMO for any given calendar year. Responsibilities for reporting to IMO will be assigned and arrangements will be made to ensure ongoing monitoring and review. To ensure continuous compliance with this requirement, the III Code has been included in the quality system manual and also in the induction training that is provided to personnel who are assigned to the relevant unit.\nThis corrective action will be completed by 31 March 2019.\n', 'FD\n99 The maritime administration had not established a documented procedure to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records (III Code, paragraph 10).\nRoot cause\n100 There was a lack of resources and awareness on the extent and level of documented procedures to define the controls needed for record keeping. In addition, the responsibility for developing, implementing and maintaining such procedures was not clearly defined.\nCorrective action\n101 There is an increased awareness on the extent and level of documented procedures for the record keeping by all involved entities of the State. In addition, the following corrective actions will be implemented:\n.1 documented procedures will be set up by all involved entities of the State, including definition of the controls needed, and a central electronic system;\nCircular Letter No.3879\nAnnex, page 21\nI:\\C_L\\CL.3879.docx\n.2 all relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 to ensure continuous compliance with this requirement, the III Code has been included in the quality system manual and in the induction training that is given to personnel who are assigned to the relevant unit; and\n.4 in the interim, a comprehensive review and revision of the agreement between the Government and the ship registry will be conducted and record keeping procedures will be established or updated in accordance with the requirement of the III Code.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n102 The State could not provide evidence to establish that it had taken adequate steps necessary for continual improvement of the adequacy of the processes to give effect to those conventions and protocols to which the State is Party (III Code, paragraph 11).\nRoot cause\n103 Maritime affairs were not prioritized at the national level and there was a lack of competent personnel and insufficient financing.\nCorrective action\n104 Maritime affairs have been given higher priority at the national level and additional personnel has been recruited and is being trained. In addition, the following corrective actions will be implemented:\n.1 the responsible ministry will set up a documented procedure and a central electronic system, which will document, record and provide reports on steps taken for continual improvement of the adequacy of the processes to give effect to those conventions and protocols to which the State is Party; and\n.2 all relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. To ensure continuous compliance with this requirement, the III Code has been included in the quality system manual and also in the induction training that is given to personnel who are assigned to the relevant unit.\nThis corrective action will be completed by 31 March 2019.\n', 'FD\n105 There was no evidence to demonstrate that the Administration had enacted any legislation nor it had enforced the requirements of SOLAS 1974 in respect of verified gross mass (VGM) of containers carried on board ships (SOLAS 1974, regulation VI/2.4.2; III Code, paragraph 8.1; III Code, paragraph 8.2).\nCircular Letter No.3879\nAnnex, page 22\nI:\\C_L\\CL.3879.docx\nRoot cause\n106 Maritime affairs were not prioritized at the national level and there was a lack of competent personnel and insufficient financing for development and promulgation, implementation and enforcement of all the mandatory IMO instruments, including their amendments.\nCorrective action\n107 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. Responsible Government entity will set up a documented procedure and a central electronic system, which will record, document and provide reports on steps taken for preparing and enacting national legislation to enforce the requirements of SOLAS 1974, including in respect of VGM of containers carried on board ships. Human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 December 2018.\n', 'FD\n108 No independent evaluation had been reported to IMO in accordance with the requirements of STCW 1978 (STCW 1978, article IV; STCW 1978, regulation I/8.3; III Code, paragraph 9).\nRoot cause\n109 Although an independent evaluation was conducted by an entity in the region, this entity and consequently the evaluation was not considered sufficiently independent by IMO.\nCorrective action\n110 The responsible Ministry will identify an appropriate independent entity in order to conduct an independent evaluation and will subsequently communicate mandatory information to IMO. The responsible entity of the State will set up a documented procedure and a central electronic system which will document, record and provide reports on steps taken to give effect to the requirements of STCW 1978, including regulation I/8.3. Responsibilities for the electronic system will be assigned and arrangements will be made to ensure the ongoing monitoring and review. This corrective action will be completed by 31 December 2018.\n', "FD\n111 There was no evidence that the State had promulgated a regulation or incorporated amendments into its national legislation with a view to implementing and enforcing the provisions of IMO mandatory instruments. The State did not have sufficient personnel available with specialist maritime legal or technical knowledge capable of assisting in promulgating national legislation with a view to discharging its responsibilities (SOLAS 1974, article I; MARPOL, article 1; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n112 The specific geographical and institutional characteristics of the State are likely to lengthen the deadlines for the transposition into national legislation of the amendments to the mandatory IMO instruments to which the State is Party, the ability to recognize the neighbour\nCircular Letter No.3879\nAnnex, page 23\nI:\\C_L\\CL.3879.docx\ncountry's language regulations in specific domain, such as the marine environment and the absence of legal structures for regulatory follow-up and the preparation of technical regulations led to this conclusion.\nCorrective action\n113 The State will establish a specific department responsible for international law, within the structure of the Directorate of Legal Affairs, under the authority of the Minister of State. The new Department and the Directorate of Legal Affairs will be in charge of preparing bills; studying legislative proposals; following the legislative procedure, in particular before the Parliament and ensuring the application of the adopted laws, in particular by submitting the necessary regulatory texts to the competent authorities. The Administration will follow-up on the amendments to the mandatory IMO instruments to which the State is Party, and will refer them to the Directorate of Legal Affairs for the purpose of incorporating these mandatory amendments into national legislation. This corrective action will be completed by 31 March 2021.\n", 'FD\n114 The State had not met its obligations to notify IMO of information concerning, in particular, legislation, forms of certificates, reports of very serious marine casualties, reception facilities, maritime search and rescue (SAR) resources and services and annual reports submitted in accordance with MARPOL. Furthermore, a documented system had not been put in place for communicating mandatory reports to IMO and for monitoring compliance with the provisions (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n115 The State had a lack of knowledge of GISIS and its structure. It did not designate a GISIS administrator, nor define a documented procedure setting out the division of responsibilities within the maritime administration and the coordination between the institutions responsible for communication of information and mandatory reporting to IMO.\nCorrective action\n116 The State will implement the following corrective actions:\n.1 designate an IMO Web Account System Administrator based on IMO Circular Letter No.2892 of 24 June 2008 and granting additional rights, for mandatory information and reports to be transmitted to IMO via GISIS, to officers from the Administration;\n.2 develop and establish, among the various entities of the State, a documented communication procedure for mandatory communication of reports and information to IMO and the follow-up of transmitted information in a timely manner, with the distribution of reporting responsibilities directly to the IMO Secretariat or through the relevant GISIS modules; and\n.3 submit all mandatory reports to IMO, either directly to the IMO Secretariat or through the various available GISIS modules.\nThis corrective action will be completed by 30 September 2018.\nCircular Letter No.3879\nAnnex, page 24\nI:\\C_L\\CL.3879.docx\n', 'FD\n117 Despite the fact that the maritime administration had archives at its disposal, it had not prepared or put in place a documented procedure to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records pertaining to its activities as a flag, port and coastal State (III Code, paragraph 10).\nRoot cause\n118 The maritime administration carried out an empirical archiving procedure which did not fully comply with all elements of the III Code on records.\nCorrective action\n119 The maritime administration will adopt and implement a plan for archiving all documents, covering port, flag and coastal State activities. A documented procedure for registers as well as a monitoring mechanism will be established and integrated into the existing certified ISO 9001 quality management system within the maritime administration. At the same time, the Department of Foreign Affairs will keep documentation relating to international maritime conventions ratified by the State. This corrective action will be completed by 30 June 2018.\n', 'FD\n120 The transposition of amendments to the mandatory IMO instruments, including those amendments that came into force through the tacit amendment procedure, was not always carried out. A system for monitoring the aforementioned amendments to ensure that the national legislation was up-to-date was not in place and there was insufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article 1; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 4; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n121 There was a lack of human and financial resources and insufficient personnel with maritime expertise available. A responsible unit was not assigned to ensure that the amendments to IMO instruments are transposed into national legislation prior to their entry into force internationally, and to implement a mechanism for monitoring the amendments and to assist in the promulgation of national legislation.\nCorrective action\n122 The responsible government entity will be restructured in order to assign the responsibilities and coordination activities with other State entities to its Legal Division. The Division will implement a mechanism, based on written procedures, that will ensure the transposition or adoption of amendments before they enter into force internationally, as well as monitoring and following-up of future amendments. The responsible government entity will carry out an analysis of the current status of amendments and will consider the need to recruit additional personnel in the maritime administration. This corrective action will be completed by 2 October 2021.\nCircular Letter No.3879\nAnnex, page 25\nI:\\C_L\\CL.3879.docx\n', "FD\n123 The State did not communicate information to IMO as required by the relevant international instruments to which it is Party (e.g. text of laws, decrees and regulations, specimen of certificates, initial communications under STCW 1978). Besides, there were no policies or mechanism in place to assign responsibilities and instructions to ensure the collection of such information and to communicate them to IMO (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n124 There was a lack of knowledge on the scope and volume of the requirements related to the communication of information to IMO stemming from the international instruments to which the State is Party, such as laws, decrees and resolutions; as well as uploading of pertinent information to the relevant GISIS modules.\nCorrective action\n125 The responsible government entity will carry out a restructuring programme to assign its Legal Division as the responsible focal point for communicating mandatory information to IMO and develop a mechanism:\n.1 to identify all communication of information requirements in the applicable IMO instruments;\n.2 to identify the current status of the communication of information by the State;\n.3 to identify other State's entities responsible for communication of information under applicable IMO instruments;\n.4 to establish an effective coordination with relevant government entities, so that required information is forwarded to the main responsible State's entity for onward transmission to IMO; and\n.5 to consider the necessary communication of information through GISIS and assign the respective authorizations and passwords.\nThis corrective action will be completed by 4 October 2019.\n", "FD\n126 Although national legislation existed which established certain general aspects regarding records; there was no documented procedure that regulated which records were to be maintained and the necessary methods for the identification, storage, protection, retrieval, retention time and disposition of the records (III Code, paragraph 10).\nRoot cause\n127 There was a lack of human resources and a lack of an internal regulation regarding records.\nCircular Letter No.3879\nAnnex, page 26\nI:\\C_L\\CL.3879.docx\nCorrective action\n128 The Department of Records and Control within the responsible government entity will develop a procedure for record-keeping in accordance with the requirements of paragraph 10 of the III Code and will coordinate with other State's entities in this matter. This corrective action will be completed by 19 July 2018.\n", 'FD\n129 No objective evidence was found of a mechanism for monitoring and reviewing the measures taken to effectively implement and enforce IMO mandatory instruments (III Code, paragraph 11).\nRoot cause\n130 There was no dedicated unit responsible for monitoring and reviewing the measures taken to give effect to the applicable IMO instruments to which the State is Party.\nCorrective action\n131 The responsible government entity will:\n.1 implement a mechanism to monitor and review the measures which are adopted to effectively implement and enforce the applicable IMO instruments to which the State is Party, including the participation of other government entities with responsibilities in the implementation and enforcement of the said instruments, based on set objectives and key performance indicators; and\n.2 appoint a Division responsible for establishing, implementing and following-up on the aforementioned mechanism and for coordinating with other entities of the State.\nThis corrective action will be completed by 2 October 2018.\n', 'FD\n132 No objective evidence was found that the State had a mechanism for stimulating a culture to improve performance in maritime safety and environmental protection activities (III Code, paragraph 12).\nRoot cause\n133 There was a lack of strategy and safety culture stimulating development of policies within the maritime sector regarding maritime safety and environmental protection.\nCorrective action\n134 In elaborating the process and in the formulation of maritime policies, a mechanism will be developed to promote the culture and respect for maritime safety and environmental protection, taking into account the basis set out in the III Code. Subsequently, the mechanism will be continuously evaluated, revised and updated. The responsible entity of the State will be tasked with establishing, implementing and following-up on the aforementioned process. This corrective action will be completed by 2 October 2018.\nCircular Letter No.3879\nAnnex, page 27\nI:\\C_L\\CL.3879.docx\n', 'FD\n135 There was no mechanism in place to ensure that the cause of any non-conformities was identified and eliminated (III Code, paragraph 13).\nRoot cause\n136 There was a lack of policies and a monitoring and follow-up mechanism to ensure that the causes of non-compliance with the mandatory IMO instruments were identified and eliminated.\nCorrective action\n137 Guidance and technical assistance will be provided to the responsible government entity by a QMS Institute. A mechanism will be developed to ensure the identification and elimination of the causes of non-compliance with the mandatory IMO instruments. The aforementioned mechanism will be part of the monitoring and evaluation system that will be established as part of the new strategy. This corrective action will be completed by 2 October 2019.\n', 'FD\n138 The provisions of new or amended mandatory IMO instruments to which the State is Party were not given full effect through national legislation and there was no system in place for reviewing new amendments adopted by IMO. There was also insufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; LL PROT 1988, article I; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n139 The lack of qualified personnel, lack of coordination among responsible entities and the absence of a system for tracking amendments to the mandatory IMO instruments contributed to this finding.\nCorrective action\n140 The national maritime legislation and procedures will be amended in order to give full and complete effect to all amendments to the mandatory IMO instruments to which the State is Party. The maritime administration will put in place a system for tracking amendments to the mandatory IMO instruments and for conducting a systematic review of national legislation, as a basis for drafting and incorporating necessary updates into national law. A documented procedure will be established for dissemination of new or revised legislation to all concerned. The maritime administration will provide necessary training, including legal drafting, to current staff and will assess the need for additional personnel with legal and technical maritime expertise and recruit new staff accordingly. This corrective action will be completed by 31 December 2019.\n', 'FD\n141 The State did not fulfil all its obligations regarding communication of mandatory information to IMO. It was established that the State did not have a system in place to ensure communication of mandatory reports to IMO (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nCircular Letter No.3879\nAnnex, page 28\nI:\\C_L\\CL.3879.docx\nRoot cause\n142 The lack of a documented procedure for the controlled and systematic communication of information to IMO by relevant entities.\nCorrective action\n143 The maritime administration will develop and implement documented procedures, which will include assignment of responsibilities, to ensure that the required information is collected and that reports are compiled and communicated to IMO. The procedures will take into account related IMO guidelines for uploading required information in dedicated GISIS modules. The responsible entity within the State will coordinate the reporting to IMO. This corrective action will be completed by 31 December 2018.\n', 'FD\n144 There was no system in place for monitoring and reviewing the State responsibilities and improving the effectiveness of the measures which are taken in carrying out flag, coastal and port activities (III Code, paragraph 11; III Code, paragraph 13).\nRoot cause\n145 The absence of documented procedure for periodical monitoring and reviewing of performance of relevant State entities involved in discharging the flag, coastal and port State responsibilities. Lack of coordination between entities.\nCorrective action\n146 The relevant entities of the State will develop and implement documented procedures that will include the responsibilities and mechanism for overall periodical monitoring of performance in discharging the flag, coastal and port State obligations. For continuous compliance in the future, the maritime administration will develop processes for periodical performance evaluations concerning the effective implementation of the mandatory IMO instruments. This will include, inter alia, regular evaluation meetings between different governmental entities, to verify the effective implementation of mandatory instruments. This corrective action will be completed by 30 June 2019.\n', 'FD\n147 No evidence could be established that requirements of applicable IMO instruments, including their amendments, have been given full and complete effect through their transposition/incorporation into national legislation, including promulgation. There was no mechanism in place for monitoring of amendments to the mandatory IMO instruments in order to keep national legislation up-to-date. The availability of sufficient personnel with maritime expertise to assist in the promulgation of the necessary laws, could not be demonstrated (SOLAS 1974, article I; MARPOL, article 1; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8).\nCircular Letter No.3879\nAnnex, page 29\nI:\\C_L\\CL.3879.docx\nRoot cause\n148 The following factors contributed to this finding:\n.1 it had not been considered an institutional priority to document and validate the process used by the principal government entity and other involved bodies to ratify conventions or adopt new amendments;\n.2 there was a lack of resources and a lack of awareness of the need to monitor amendments to the mandatory IMO instruments adopted through the tacit amendment procedure, as well as a lack of supervision to monitor their promulgation; and\n.3 the delay in implementing conventions or their amendments was due to the complexity of the national legal process.\nCorrective action\n149 The maritime administration will implement the following corrective actions:\n.1 a legal procedure will be developed and implemented for enactment of national law for various mandatory IMO instruments, related codes, and amendments thereof, adopted through the tacit amendment procedure. The use of a dynamic reference to specific convention/instrument, as amended, in national legislation will be considered. All mandatory IMO instruments included in scope of the Scheme will be given full and complete effect through their incorporation into national legislation, including promulgation;\n.2 guidance for the process of monitoring and implementing of new amendments adopted through the tacit amendment procedure to existing and new/future mandatory IMO instruments will be developed through new legislation, along with the related working instructions and procedures. A process of coordination between involved departments of the Ministry responsible for transport and cooperation with other relevant State entities will be established. This process will also be included in the QMS of the Maritime Office;\n.3 an in-house training programme will be developed and organized for personnel of all involved departments of the Ministry responsible for transport to improve competence and awareness on monitoring of amendments; and\n.4 sufficient resources will be provided for implementation and translations to ensure this process is effectively carried out.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n150 There was no objective evidence that the State fulfilled all communication of information requirements emanating from the mandatory IMO instruments (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; STCW 1978, regulation I/8.3; III Code, paragraph 9).\nCircular Letter No.3879\nAnnex, page 30\nI:\\C_L\\CL.3879.docx\nRoot cause\n151 Owing to a lack of resources and documented procedures mandatory reports were not submitted to IMO.\nCorrective action\n152 Procedures will be drafted, approved and implemented describing the responsibilities assigned and actions to be taken in submitting mandatory reports to IMO as required by the international instruments. Related amendments to Act on Maritime Navigation will be enacted, where necessary, to stipulate reporting obligations to IMO. The need for additional personnel will be considered to ensure that reporting obligations are effectively carried out. This corrective action will be completed by 31 December 2019.\n', 'FD\n153 The transposition of amendments to the mandatory IMO instruments, including those amendments that come into force through the tacit amendment procedure, was not always carried out before their entry into force. A system for monitoring the said amendments to ensure that the national legislation was up-to-date was not in place (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 4; III Code, paragraph 8.1; III Code, paragraph 8.3).\nRoot cause\n154 There was an absence of a dedicated unit responsible for the implementation of the mandatory IMO instruments and their amendments and a limited capacity to promulgate national legislation and issue administrative instructions.\nCorrective action\n155 The responsible entities of the State will:\n.1 implement a newly developed institutional plan, which envisages establishing the administrative and technical structure; a mechanism for proposing, coordinating and setting policies as well as monitoring their implementation, to fulfil the requirements derived from the mandatory IMO instruments to which the State is Party, including their amendments;\n.2 implement a mechanism to establish policies, procedures and guidelines to assess the need of generating permanent national regulations. This mechanism will be supported by a computerized system for the monitoring, verification and updating of the status of IMO instruments, in relation to their respective amendments. This system will be supported by the acquisition of IMO Vega; and\n.3 assessment of amendments to the IMO international instruments that came into force in the last five years, to verify their current status in relation to their implementation through national legislation and its compliance on ships, companies and port facilities already certified by the competent entity of the State.\nThis corrective action will be completed by 30 March 2019.\nCircular Letter No.3879\nAnnex, page 31\nI:\\C_L\\CL.3879.docx\n', 'FD\n156 The State did not communicate mandatory information to IMO as required by the relevant international instruments to which it is Party (e.g. text of laws, decrees and regulations, specimen of certificates and data on reception facilities). There were no policies or mechanism in place to ensure the collection of information and communication to IMO. Besides, the independent evaluation under the STCW 1978 Convention had not been carried out since 2006 and a report on the implementation of the amendments to the said Convention and to the STCW Code had not been communicated (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/7.4; STCW 1978, regulation I/8.3; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n157 There was a lack of policies, procedures and coordination among the various State entities responsible for the communication of information to IMO.\nCorrective action\n158 The State will implement the following corrective actions:\n.1 the current status regarding communication of information to IMO will be reviewed, in particular the requirements for the scope and periodicity of the mandatory communication to IMO, as well as the coordination among the responsible State entities;\n.2 a documented procedure will be developed and implemented, assigning responsibilities and identifying the mandatory information to be communicated, deadlines to be adhered to, records to be maintained, means of communication, focal points and coordinators. The internal procedures and regulations manual of the responsible entity will be updated to include the new procedure for communication of information to IMO; and\n.3 an independent periodic evaluation will be coordinated, carried out and communicated to IMO, in accordance with the provisions of STCW 1978, and related procedures for future evaluations will be developed and implemented under the quality management system of the responsible entity. In addition, a report on the implementation of the amendments to STCW 1978 and the STCW Code will be prepared and communicated to IMO, including a detailed description of the actions taken by the responsible entity to comply with the amendments, examples of certificates and processes carried out.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n159 Although a procedure defining control of records was in place, and some records could be verified, there was no evidence of records on technical elements necessary for the approval of ship construction and equipment (III Code, paragraph 10).\nCircular Letter No.3879\nAnnex, page 32\nI:\\C_L\\CL.3879.docx\nRoot cause\n160 There was a lack of regulations and specific documented procedures for record keeping.\nCorrective action\n161 The responsible entity of the State will develop and implement a documented procedure to define the controls needed and will establish a central associated electronic recording system, which will record, document and create reports on the required steps for the identification, storage, protection, retrieval, retention time and disposition of documents and records. This corrective action will be completed by 30 October 2018.\n', "FD\n162 No objective evidence could be found of a mechanism for monitoring and reviewing the measures taken to effectively implement and enforce mandatory IMO instruments, to identify and eliminate causes of non-compliance and to promote a safety culture, in order to improve the performance in maritime safety and environmental protection activities (III Code, paragraph 11; III Code, paragraph 12; III Code, paragraph 13; III Code, paragraph 14).\nRoot cause\n163 There was a lack of awareness of the need to establish a mechanism for monitoring the measures taken for the implementation of the IMO instruments and related provisions. Besides, clear responsibilities of the State entities involved in the implementation and enforcement of IMO conventions were not assigned.\nCorrective action\n164 The State will implement the following corrective actions:\n.1 the State's overall maritime strategy will be developed and a monitoring and evaluation system will be established, based on key performance indicators to evaluate the effectiveness of the State's performance with regard to the implementation and enforcement of the mandatory IMO instruments. Through this system, causes of any non-conformities will be identified and eliminated and appropriate measures will be established to prevent their recurrence; and\n.2 the responsible entity of the State will promote the safety culture through maritime training centres, by organizing workshops, seminars and lectures on maritime safety and environmental protection, which will be delivered to stakeholders within the maritime sector. Furthermore, national and regional joint drills in pollution prevention will be considered, involving the different State entities.\nThis corrective action will be completed by 30 December 2018.\nObservations (OB)\n165 The State had developed an overall strategy to ensure that its international obligations and responsibilities as flag, coastal and port State were met. Nevertheless, the methodology\nCircular Letter No.3879\nAnnex, page 33\nI:\\C_L\\CL.3879.docx\nfor monitoring and assessing the effectiveness of the strategy was neither established nor implemented (III Code, paragraph 3.2; III Code, paragraph 3.3).\nRoot cause\n166 As the overall strategy was adopted shortly before the audit, there was insufficient time for its implementation, including the development of the methodology for monitoring and assessing the effectiveness of the strategy.\nCorrective action\n167 A Strategy Implementation Follow-up Committee will be established and will meet every six months in order to follow-up on the implementation of all activities specified in the State's overall Strategy and to assess the effectiveness of the Strategy. This corrective action will be completed by 30 September 2018.\n", 'OB\n168 The State did not have an overall strategy to ensure that its international obligations and responsibilities as a flag, port and coastal State are met (III Code, paragraph 3).\nRoot cause\n169 The lack of understanding of the scope and level of requirements for monitoring and improving the implementation and enforcement of relevant mandatory international instruments.\nCorrective action\n170 The State will establish and implement:\n.1 a national maritime strategy as a mechanism to ensure compliance with its international obligations and responsibilities as flag, coastal and port State;\n.2 a methodology to periodically review and evaluate the implementation and enforcement activities of all involved entities, in order to achieve continuous improvement; and\n.3 a continuous review of the strategy covering all relevant activities of all State entities involved in the implementation and enforcement of the mandatory IMO instruments.\nThis corrective action will be completed by 31 August 2020.\n', "OB\n171 Although the State had strategic plans for various government entities, it was established that an overall strategy covering all of its obligations and responsibilities under the applicable mandatory IMO instruments as a flag, port and coastal State had not been developed and implemented (III Code, paragraph 3.1).\nCircular Letter No.3879\nAnnex, page 34\nI:\\C_L\\CL.3879.docx\nRoot cause\n172 There was a lack of national legislation/regulation and an absence of coordination among the various State's entities.\nCorrective action\n173 The overall maritime strategy of the State will be developed, taking into account the requirements of III Code, paragraph 3. The State had treated the strategy in various documents; therefore, a group comprising representatives from all relevant State's entities and stakeholders will be established in order to create a single document and a policy statement that will progressively become the overall maritime strategy. Stages for gradual implementation of the overall strategy will be determined and the related responsibilities assigned to the concerned entities of the State, under the coordination of an appointed entity. Besides, the following actions will be taken:\n.1 methods will be defined for establishing competence and areas of responsibility for entities involved in the State's maritime activities;\n.2 clear lines of authority will be determined for each entity with a mandate for maritime activities;\n.3 processes and procedures will be developed and implemented for determining each entity's performance in their area of responsibility and the overall organizational performance of those entities involved in the implementation and enforcement of the mandatory IMO instruments;\n.4 a system will be derived therefrom to monitor, evaluate and improve the performance of the maritime administration as a flag, coastal and port State with annual meetings; and\n.5 a mechanism will be implemented for continuous review of the strategy in order to improve the organizational capability and performance by organizing meetings on a semi-annual basis.\nThis corrective action will be completed by 30 March 2020.\n", 'OB\n174 The State had not adopted an overall strategy in order to ensure that its obligations and responsibilities under the mandatory IMO instruments to which it is Party are met (III Code, paragraph 3).\nRoot cause\n175 There was a lack of awareness of the requirements of the III Code related to the overall maritime strategy.\nCorrective action\n176 The State will develop and adopt national law and policy on maritime transport in which overall strategy with related procedures to periodically review and evaluate the implementation and enforcement in the conduct of flag, port and coastal State activities, based on performance indicators to be defined and tailored by all involved government entities in\nCircular Letter No.3879\nAnnex, page 35\nI:\\C_L\\CL.3879.docx\norder to meet the obligations of the State under the applicable IMO instruments. This corrective action will be completed by 30 June 2021.\n', 'OB\n177 The State did not have an overall strategy to ensure that its international obligations and responsibilities as a flag, coastal and port State were met (III Code, paragraph 3).\nRoot cause\n178 The scope and level of the requirements of III Code, paragraph 3, were not sufficiently known.\nCorrective action\n179 The responsible ministry will undertake to develop and implement, in collaboration with all governmental entities and stakeholders involved in maritime affairs at the national level, an overall maritime strategy taking into account the requirements of the IMO mandatory instruments in accordance with paragraph 3 of the III Code. This corrective action will be completed by 10 February 2019.\n', 'OB\n180 The State had developed an integrated maritime strategy, but the strategy did not cover all of its international obligations and responsibilities as a flag, port and coastal State (III Code, paragraph 3).\nRoot cause\n181 The State did not take into account the provisions of the III Code when developing this integrated maritime strategy.\nCorrective action\n182 The State will include in its integrated maritime strategy the missing sections in accordance with its international obligations and responsibilities as a port, flag and coastal State. This corrective action will be completed by 31 December 2018.\n', 'OB\n183 The State had developed an overall strategy of recent adoption; however, does not fully meet its obligations and responsibilities under the applicable mandatory IMO instruments. Besides a methodology to monitor and assess that the strategy ensures the effective implementation and enforcement of the applicable mandatory instruments, as well as a mechanism for continuous review in order to ensure improvement of the overall organizational performance and capability of the State as a flag, port and coastal State had not been established and assessed (III Code, paragraph 3).\nRoot cause\n184 The strategy did not fully capture the roles and responsibilities of all stakeholders with respect to the implementation of the mandatory IMO instruments in order to avoid duplication, because these roles and responsibilities were established in their legislative mandate. Owing\nCircular Letter No.3879\nAnnex, page 36\nI:\\C_L\\CL.3879.docx\nto the recent adoption of the strategy, the methodology for monitoring and assessing the effectiveness of the Strategy lacked key performance indicators.\nCorrective action\n185 The Strategy will be amended to include specific roles and responsibilities of all stakeholders with respect to the implementation and enforcement of the mandatory IMO instruments, which will be extracted from their legislative mandate. The Strategy will be reviewed annually based on monitoring and evaluation reports from all involved Government entities in order to improve organizational performance. Key performance indicators will be included in the Strategy to serve as a basis for monitoring and evaluating its effectiveness. This corrective action will be completed by 30 December 2018.\n', 'OB\n186 A comprehensive overall maritime strategy could not be presented during the audit. The State had strategic directions and yearly work plans, which did not fully demonstrate how its obligations and responsibilities under the mandatory IMO instruments to which it is Party were going to be met and how implementation and enforcement of international mandatory instruments were going to be monitored and assessed (III Code, paragraph 3).\nRoot cause\n187 The lack of coherence in coordination of actions among entities of the State sharing the responsibility in the implementation and enforcement of the mandatory IMO instruments.\nCorrective action\n188 The national strategy will be reviewed, taking into account models of other maritime administrations as a benchmark, in order to ensure that it provides a comprehensive mechanism for the State to give full and complete effect to the mandatory IMO instruments to which it is Party. The review will also cover identification of key performance indicators and development of a methodology for evaluation and improvement of the overall performance and capability as a flag, port and coastal State. This corrective action will be completed by 31 July 2018.\n', "OB\n189 The State had not developed an adequate overall strategy to ensure that its international obligations and responsibilities as a flag, coastal and port State were met (III Code, paragraph 3).\nRoot cause\n190 Maritime affairs were not prioritized at the national level and, although an overall strategy for the responsible Ministry had been prepared, there was a lack of competent personnel and insufficient financing for the review and adequate update of that strategy to ensure that the State's international obligations and responsibilities as a flag, coastal and port State were met.\nCircular Letter No.3879\nAnnex, page 37\nI:\\C_L\\CL.3879.docx\nCorrective action\n191 Maritime affairs have been given higher priority at the national level and additional personnel has been recruited and is being trained. In addition, the following corrective actions will be implemented:\n.1 all involved entities of the State will review and update the overall strategy to ensure that the State's international obligations and responsibilities as a flag, coastal and port State are met. Activities of the Ship Registry will be included in this updated strategy;\n.2 the responsible Ministry will prepare and adopt a central electronic system, which will document, record and provide reports on steps taken for continual implementation, assessment of adequacy and improvement of the strategy and associated processes; and\n.3 all relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review.\nThis corrective action will be completed by 31 December 2018.\n", 'OB\n192 The State had not put in place or applied an overall strategy to ensure that its international obligations and responsibilities under the mandatory instruments to which it is Party and as a flag, port and coastal State were met (III Code, paragraph 3).\nRoot cause\n193 Different departments within the maritime administration had insufficient knowledge of the scope and level of the requirements expected from paragraph 3 of the III Code on overall maritime strategy. No common drafting methodology had been established for drafting in order to have a global vision of all the obligations of a Member State. Only a partial maritime strategy focused on the protection of the marine environment existed.\nCorrective action\n194 The State will develop and implement a national overall maritime strategy taking into account the requirements of the mandatory IMO instruments as mentioned in the III Code. This strategy within the components flag, port and coastal State will take into account the particularities of the geographical and economic context of the State and of the marine environment and will be developed in collaboration with all stakeholders of the maritime administration This corrective action will be completed by 30 September 2018.\n', 'OB\n195 The State had not developed an overall strategy to ensure that all its obligations and responsibilities under the mandatory IMO instruments to which it is Party are met, including a methodology to monitor and assess that the strategy ensures effective implementation and enforcement of relevant international mandatory instruments, as well as a continuous review of the strategy to achieve, maintain and improve the capability of the State to fulfil its obligations (III Code paragraph 3).\nCircular Letter No.3879\nAnnex, page 38\nI:\\C_L\\CL.3879.docx\nRoot cause\n196 There was a lack of awareness of the requirements of the III Code regarding the strategy and absence lack of experience in developing this kind of documentation.\nCorrective action\n197 The State will:\n.1 establish an inter-institutional working group consisting of all the entities participating in the maritime administration with the aim of elaborating a national overall maritime strategy that will define the responsibilities of each entity linked to the implementation and enforcement of the applicable IMO instruments to which the State is Party. The strategy will serve as a mechanism to guarantee that the international obligations and responsibilities as flag, port and coastal State are met; and\n.2 appoint a coordinating entity and focal point for the development of the overall maritime strategy. A methodology for monitoring and evaluation of performance in carrying out flag, coastal and port State activities will be established, based on objectives and key performance indicators (KPI) defined within QMS. The methodology will include a system for continuous review and regular follow-up meetings among all the representatives of the entities involved.\nThis corrective action will be completed by 2 October 2019.\n', 'OB\n198 It was established that the State had not developed an overall strategy to ensure that all its obligations and responsibilities under the mandatory IMO instruments to which it is Party are met (III Code, paragraph 3).\nRoot cause\n199 The lack of understanding of the full scope and level of requirements of paragraph 3 of the III Code relating to overall strategy.\nCorrective action\n200 The State will develop and implement an overall maritime strategy in order to achieve its compliance with all relevant provisions of the applicable mandatory IMO instruments and the III Code. In particular, a mechanism for implementation and enforcement of the requirements of the relevant mandatory IMO instruments will be established, including necessary assignment of responsibilities to various government entities and provision of resources in order to improve implementation in the areas of flag, coastal and port State activities. The State will adopt the overall strategy and communicate it to all concerned national entities in order to ensure its effective implementation. As a mechanism for continuous compliance with this requirement, the strategy will be updated, as appropriate, and its implementation will be monitored and evaluated regularly through meetings among the different governmental entities and in accordance with the general performance guidance procedure of the maritime administration. This corrective action will be completed by 31 December 2018.\nCircular Letter No.3879\nAnnex, page 39\nI:\\C_L\\CL.3879.docx\n', 'OB\n201 The State did not develop and implement an overall strategy to ensure that its international obligations and responsibilities as a flag State are met (III Code, paragraph 3).\nRoot cause\n202 The principal government entity had not considered that an instrument for monitoring and improving the implementation and enforcement of relevant mandatory international instruments was required.\nCorrective action\n203 A national strategy will be developed and implemented as a mechanism for monitoring of, and compliance with, the maritime conventions in accordance with the III Code requirements, in order to achieve continuous improvement. It will cover all relevant activities of all State entities involved in the implementation and enforcement of the mandatory IMO instruments. The Strategy will be signed by the Minister responsible for transport and approved by the Government in order to secure resources required for its implementation. This corrective action will be completed by 31 December 2018.\n', "OB\n204 Although the different entities of the State had established individual strategic plans, an overall strategy to ensure that the international obligations and responsibilities as a flag, port and coastal State are met was not in place. Besides, a methodology to monitor and assess that the strategy ensures effective implementation and enforcement of relevant international mandatory instruments, as well as a continuous review of the strategy to achieve, maintain and improve the capability of the State to fulfil its obligations, could not be verified (III Code, paragraph 3).\nRoot cause\n205 There was a lack of coordination among the State's entities that compose the maritime administration and a lack of a dedicated unit in charge of the follow-up of the requirements of the IMO instruments.\nCorrective action\n206 The responsible entities of the maritime administration will develop an overall maritime strategy for the effective implementation of the mandatory IMO instruments, covering the general, flag, coastal and port State obligations and responsibilities. The strategy will promote a policy of cooperation and coordination between the different State entities and other relevant entities within maritime sector. A governmental entity responsible for the follow-up and enforcing of the strategy will be appointed. The strategy will include clear levels of responsibility, monitoring mechanisms, a provision for follow–up meetings on a bi annual basis, and State entities' risk analyses, in order to identify and eliminate the cause of any non-conformities, to prevent recurrence. A monitoring procedure will be implemented to ensure the effective implementation and enforcement of relevant mandatory IMO instruments. These provisions will ensure a continuous review of the strategy to achieve, maintain and improve the State's ability to meet its obligations through the monitoring of key performance indicators defined for each entity involved. The performance evaluation will be carried out individually by each entity on a monthly basis, in conjunction with a joint meeting of all the entities involved, which will be held every six months. This corrective action will be completed by 30 December 2018.\nCircular Letter No.3879\nAnnex, page 40\nI:\\C_L\\CL.3879.docx\nFLAG STATE ACTIVITIES\nFindings (FD)\n207 The Administration did not fully implement policies through issuing national legislation and guidance, which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which it is Party (III Code, paragraph 15.1).\nRoot cause\n208 The legislative process did not enable timely transposition of numerous and successive amendments to IMO instruments into national law. The procedures applied before introducing the Quality Management system (QMS) in the maritime administration did not support the issuance of guidance to assist in the implementation and enforcement of the requirements of the applicable IMO instruments.\nCorrective action\n209 The State will implement the arrangements outlined in its Strategy to implement III Code which sets out a comprehensive review of existing national maritime legislation and the establishment of a specialized permanent Committee for revision of national legislation and for ensuring its effectiveness regarding provisions of mandatory IMO instruments and related amendments. The Committee will oversee the processes of monitoring and the timely transposition into national legislation of requirements stemming from the applicable IMO instruments, including their amendments, as well as the implementation of the national legislative policy, which includes the identification of the need for any additional guidance documents, notifications or directives, in order to assist in the implementation and enforcement of the requirements of the applicable IMO instruments. This corrective action will be completed by 31 March 2020.\n", 'FD\n210 The Administration had not fully established administrative instructions for the implementation of the applicable international instruments to which the State is Party. For example, instructions and interpretative national regulations were not available to give full effect to provisions of 1988 SOLAS Protocol in relation to Harmonized System of Survey and Certification for passenger ships; LL 1966 and COLREG 1972 (III Code, paragraph 16.1).\nRoot cause\n211 The established quality management system did not fully ensure the effective implementation of the working instruction, which was developed in order to outline the process of issuing the necessary administrative instructions to assist in the implementation of amendments to the mandatory IMO instruments.\nCorrective action\n212 The Administration will develop a list of all amendments to the mandatory IMO instruments for the purpose of issuing necessary administrative instructions to assist in the implementation of those amendments and will ensure consistent implementation of its working instruction, which was developed in order to outline the process of issuing necessary administrative instructions. This corrective action will be completed by 31 March 2019.\nCircular Letter No.3879\nAnnex, page 41\nI:\\C_L\\CL.3879.docx\n', 'FD\n213 Even though the Administration developed a procedure to deal with the requirements that are left "to the satisfaction of the Administration" in the relevant mandatory IMO instruments, not all of the requirements had been identified with appropriate guidance or approved interpretations (III Code, paragraph 16.5).\nRoot cause\n214 Owing to a lack of time and the need for adjustment of the new system for following-up of those requirements that are left "to the satisfaction of the Administration" in the mandatory IMO instruments, not all the interpretations could be defined.\nCorrective action\n215 The Administration will develop a list of all requirements that are left "to the satisfaction of the Administration" in the mandatory IMO instruments and will verify availability of appropriate guidance and approved national interpretations in accordance with the existing QMS working instruction. National interpretations or criteria on the use of the available external interpretations, including IACS unified interpretations and IMO interpretations, will be developed to facilitate decision making on a case by case basis. This corrective action will be completed by 31 March 2019.\n', 'FD\n216 The Administration authorized seven ROs to act on behalf of the State; nevertheless, only one formal written agreement was duly signed as required by the Code for Recognized Organizations (RO Code). In addition, a new procedure for the oversight of ROs had been established, but was not yet implemented (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragraph 18.2).\nRoot cause\n217 There was a delay in signing the agreements between the Administration and ROs due to a pending legal advice by the State Counsel concerning the agreement clause on arbitration and settlement of disputes.\nCorrective action\n218 A legal and technical Committee from the Administration will be assigned to follow up on the State Counsel decision concerning its legal advice regarding the clause on arbitration and settlement of disputes in order to sign the remaining agreements between the Administration and ROs. Existing QMS working instruction will be implemented regarding procedures for monitoring ROs authorized by the Administration. This corrective action will be completed by 31 March 2019.\n', 'FD\n219 The new procedure developed to oversee that appropriate corrective measures are taken when a ship entitled to fly the flag of the State had been detained by a port State was not implemented at the time of the audit (III Code, paragraph 25).\nCircular Letter No.3879\nAnnex, page 42\nI:\\C_L\\CL.3879.docx\nRoot cause\n220 There was insufficient time before the audit to effectively implement the newly issued QMS working instruction on the Procedures to be followed upon detention by port State control (PSC) of a ship flying the flag of the State.\nCorrective action\n221 The QMS Working Instruction concerning actions to be taken in case of a detention of a ship flying the flag of the State by PSC in foreign ports will be implemented upon receiving a notice of ship detention. This corrective action will be completed by 31 December 2018.\n', 'FD\n222 It was established that investigators who conducted investigation of marine accidents and submitted complete investigation reports to IMO did not have working knowledge and adequate practical experience as required by the III Code. Based on the criteria adopted by the Administration, the impartiality and objectivity of investigators could not be demonstrated (SOLAS 1974, regulation I/21; MARPOL, article 12.1; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38).\nRoot cause\n223 International technical experts who can provide specialized training courses in the field of investigations into maritime casualties in the State were not available. Organizational structure and line management for processes of the Administration related to casualty investigation and reporting were not adjusted after the entry into force of the Casualty Investigation Code, in order to ensure the impartiality and objectivity of investigators.\nCorrective action\n224 Appropriately qualified individual will be appointed as a Director of the Department responsible for technical analysis for maritime safety. In addition, a suitably qualified, knowledgeable and experienced technical team will be appointed in accordance with the requirements of international conventions and Casualty Investigation Code. In order to ensure the impartiality and objectivity of investigators, line management of processes related to casualty investigation and related reporting will be adjusted to prevent any direction or interference from persons or organizations that may be affected by the outcome of the investigation. A request will be submitted to IMO Technical Cooperation Division to provide a specialized training programme in the field of maritime casualty investigation, in accordance with requirements of the above-mentioned international standards. This corrective action will be completed by 31 December 2018.\n', 'FD\n225 Although certificates under the ISM Code had been issued by the Administration based on audits of ships and companies carried out by ROs, there was no documented evidence of active engagement of the Administration in order to make sure that cases of reported non-conformities are scrutinized in a timely manner, to ensure effective oversight of the ROs involved, as well as timely completion of necessary corrective actions by companies (III Code, paragraph 16.4; III Code, paragraph 20; III Code, paragraph 26).\nCircular Letter No.3879\nAnnex, page 43\nI:\\C_L\\CL.3879.docx\nRoot cause\n226 There were no exact actions included in the existing procedure in use by the Administration\nCorrective action\n227 The Administration will amend the existing procedure and include exact actions to follow in case of deficiencies or non-conformities reported by ROs as the result of surveys and audits, respectively. These amendments will cover all the process which will need to be followed by the Administration in order to ensure that the delegated statutory certification activities are effectively performed by ROs and that all reported deficiencies and non-conformities are scrutinized and related corrective actions taken by ship companies concerned, in a timely manner. This corrective action will be completed by 20 October 2018.\n', "FD\n228 No documented system could be demonstrated for qualification of flag State inspectors and continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake (III Code, paragraph 35).\nRoot cause\n229 The Administration did not put in place the training requirements for newly recruited inspectors and there was a lack of documented and comprehensive policy on qualification and training of inspectors.\nCorrective action\n230 A formal inspector's continuous training programme will be developed, implemented and kept under review, including the programme for initial training of new inspectors and refresher training for existing inspectors who perform functions as flag State surveyors. The programme will be based on the identification of the inspectors' individual needs, taking into account their background, experience and skills. A documented system will be established to capture all relevant information pertaining to qualification and training of flag State surveyors. This corrective action will be completed by 20 April 2019.\n", 'FD\n231 Although there was national legislation and guidance in place for many technical areas related to ships flying the flag of the State, the implementation mechanism was not complete in order to effectively discharge the Administration\'s responsibilities and obligations (III Code, paragraph 15.1; III Code, paragraph 16.1; III Code, paragraph 16.2; III Code, paragraph 16.5).\nRoot cause\n232 The lack of awareness and insufficient number of technical officers.\nCorrective action\n233 The Administration will:\nCircular Letter No.3879\nAnnex, page 44\nI:\\C_L\\CL.3879.docx\n.1 develop and implement relevant legislation, procedures, guidelines and interpretations for effective application of the requirements left "to the satisfaction of the Administration" in the mandatory IMO instruments, as well as those relating to the materials or equipment which is required to be of "a type approved by the Administration";\n.2 develop and implement a documented procedure for the evaluation and review of performance in the area of flag State activities; and\n.3 establish resources and processes for administering a safety and environmental protection programme to ensure compliance with the requirements of the applicable international instruments.\nThis corrective action will be completed by 31 August 2020.\n', 'FD\n234 The Administration did not regulate authorizations of its ROs fully in compliance with the applicable requirements of the mandatory IMO instruments (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 8; III Code, paragraph 18.1; III Code, paragraph 18.2; III Code, paragraph 18.3; III Code, paragraph 20).\nRoot cause\n235 The lack of legal basis, policy and criteria for the selection and delegation of authority to ROs and for carrying out the monitoring of the ROs, due to insufficient number of technical officers.\nCorrective action\n236 The Administration will:\n.1 develop and implement national legislation governing the delegation of authority for statutory certification and authorization of ROs;\n.2 develop and implement documented procedures for monitoring of ROs and communicating with them, as well as for conducting additional surveys in order to ensure that ships entitled to fly the flag of the State are compliant with the international mandatory requirements;\n.3 revise existing agreements with ROs in order to ensure their compliance with the mandatory provisions applicable to the delegation of authority and recognition of ROs; and\n.4 strengthen its human resources with qualified personnel.\nThis corrective action will be completed by 31 August 2020.\n', 'FD\n237 There was no objective evidence to demonstrate that the Administration effectively enforced penalty provisions to discourage violation of international rules by ships entitled to fly the flag of the State. The Administration did not have procedures or defined practices to oversee appropriate corrective measures after the detentions of ships flying the flag of the State in foreign ports (III Code, paragraph 22; III Code, paragraph 24.2; III Code, paragraph 25).\nCircular Letter No.3879\nAnnex, page 45\nI:\\C_L\\CL.3879.docx\nRoot cause\n238 The lack of legal basis for an effective enforcement mechanism and a lack of appropriate number of personnel with legal and technical knowledge.\nCorrective action\n239 The Administration will:\n.1 include additional penal clauses in the new Maritime Law in order to deter violations of international maritime rules and standards;\n.2 recruit and train sufficient number of qualified flag State personnel to enforce national requirements stemming from international maritime conventions and to investigate incidents where ships flying the flag of the State have been detained by port States;\n.3 set up appropriate measures to prevent the detention of ships flying the flag of the State in foreign ports, including a mechanism to ensure their continuous compliance;\n.4 develop and implement a documented procedure for oversight of corrective measures taken by companies in cases of the detention of a ship flying the flag of the State by a port State, in order to ensure effective rectification of deficiencies and to bring the ship into compliance; and\n.5 develop a monitoring programme in cooperation with ROs for ships flying the flag of the State involved in detentions by port States.\nThis corrective action will be completed by 31 August 2020.\n', 'FD\n240 The Administration had not adopted and implemented policies through issuing national legislation and guidance, which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions to which it is Party. In addition, division of responsibilities of government entities participating in the implementation and enforcement of applicable mandatory IMO instruments was not clearly defined and documented (III Code, paragraph 15).\nRoot cause\n241 There was a lack of awareness of the need for documenting policies through the issuance of national legislation and guidance, as well as for assigning responsibilities among government entities that participate in the implementation and enforcement of applicable mandatory IMO instruments.\nCorrective action\n242 A policy document will be developed to provide guidance for the implementation and enforcement of the mandatory IMO instruments. Procedures and guidelines will be developed jointly by Government entities involved in the implementation and enforcement of the mandatory IMO instruments in order to document the specific assignments in developing and implementing policies. Training will be organized to raise awareness, including workshops for\nCircular Letter No.3879\nAnnex, page 46\nI:\\C_L\\CL.3879.docx\nrelevant staff, and guidelines and circulars will be issued to assist in the implementation and enforcement of the mandatory IMO instruments. This corrective action will be completed by 30 November 2019.\n', 'FD\n243 The Administration did not implement a safety and environmental protection programme consisting of administrative instructions to implement applicable international rules and regulations, as well as developing and disseminating any interpretative national regulations that may be needed, including issuing type approvals, exemptions, equivalents and alternative arrangements. Besides, no evidence could be found on the measures taken by the Administration to provide guidance concerning those requirements that are left to the "the satisfaction of the Administration" (III Code, paragraph 16.1; III Code, paragraph 16.2; III Code, paragraph 16.5).\nRoot cause\n244 There was a lack of resources that caused difficulties in implementing the safety and environmental protection programme despite of the commitment and awareness of the Administration in these matters.\nCorrective action\n245 The Administration will implement the following corrective actions:\n.1 identify cases where administrative instructions had not been issued, including those requirements that are left to the satisfaction of the Administration in the mandatory IMO instruments, as well as those where processes need to be established for type approval, equivalents and alternative arrangements, and will act accordingly by issuing the necessary legal provisions;\n.2 establish and implement a mechanism for the effective implementation of instructions, where needed, and their ongoing development;\n.3 appoint a dedicated unit within the responsible entity to deal with these matters; and\n.4 establish an audit and inspection programme, independent of the responsible entity, and develop a mechanism for the follow-up of the audit outcomes.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n246 The Administration did not develop policies, guidelines or procedures for issuing Safe Manning Certificates in order to ensure that ships entitled to fly the flag of the State are sufficiently and efficiently manned, taking into account relevant and existing measures such as resolution A.1047(27) (III Code, paragraph 17).\nCircular Letter No.3879\nAnnex, page 47\nI:\\C_L\\CL.3879.docx\nRoot cause\n247 The Administration did not consider expedient to develop a procedure/guideline for issuing Safe Manning Certificates.\nCorrective action\n248 The Administration will develop policies, guidelines or procedures for issuing Safe Manning Certificates, ensuring that the ships flying the flag of the State are sufficiently and efficiently manned, taking into account the measures stated in resolution A.1047 (27) and other available guidance. This corrective action will be completed by 31 December 2018.\n', 'FD\n249 The Administration did not verify, before granting authorizations, if ROs had adequate resources and managerial or research capabilities. Specific instructions and all appropriate instruments of national law and interpretations were not delivered to the ROs. In addition, an oversight programme for monitoring the survey and certification activities delegated to the ROs acting on behalf of the Administration was not established (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 8; III Code, paragraph 18.1; III Code, paragraph 18.3; III Code, paragraph 18.4; III Code, paragraph 20).\nRoot cause\n250 There was a lack of legal basis and specific internal procedures for assessing the ROs before granting the delegation of authority. Besides, owing to an absence of financial resources and insufficient qualified and trained technical staff, an oversight programme to monitor the ROs could not be established and implemented.\nCorrective action\n251 The Administration will implement the following corrective actions:\n.1 a documented procedure will be developed for the assessment of ROs resources in terms of technical, managerial or research capabilities, before authorizing it to carry out statutory certification activities. In addition, the Administration will prepare a document with specific instructions and all appropriate instruments of national law and interpretations to be delivered to the ROs; and\n.2 an ROs monitoring programme will be developed, implemented and submitted to the ROs, including communication and reporting requirements. This programme will include: supplementary surveys conducted by the Administration on board ships entitled to fly the flag of the State; joint surveys by surveyors from the ROs and the Administration to be organized during statutory surveys; annual meetings with the ROs in order to inform them about changes to the national legislation, any revision of the flag State requirements that go beyond the requirements of IMO instruments and other relevant topics; individual meetings with ROs to address non-conformities, problems and complaints observed by the Administration during supplementary surveys; besides, audits of local offices of all ROs will be conducted annually by selected staff with required expertise, following established procedures.\nCircular Letter No.3879\nAnnex, page 48\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 31 December 2020.\n', "FD\n252 Although the State had provisions in their national laws and regulations for the enforcement of the requirements stemming from applicable international instruments, the penalties were not of adequate severity to discourage violations of international rules and standards by ships entitled to fly the flag of the State. Besides, measures taken to ensure that the ship's complement can effectively coordinate activities in case of emergency situation could not be demonstrated (III Code, paragraph 22.4; III Code, paragraph 22.5).\nRoot cause\n253 There was a lack of human and financial resources within the Administration to draft an updated bill to strengthen the penalties and to deal with specific measures for the coordination of emergency activities on board ships entitled to fly the flag of the State.\nCorrective action\n254 The provisions in the national laws and regulations related to the enforcement of applicable mandatory IMO instruments and the penalties to discourage violations of international rules and standards by ships entitled to fly the flag of the State will be updated by a multidisciplinary team composed of representatives from the judicial office of the maritime administration, Ministry of Transportation and Ministry of Foreign Affairs. The Administration will also elaborate a document for updating the measures taken to verify the effectiveness of activities undertaken on board a ship flying the flag of the State in case of emergency situation in order. This corrective action will be completed by 31 July 2021.\n", 'FD\n255 There was no evidence that the Administration had a system in place to oversee that corrective measures are taken in case when a ship entitled to fly the flag of the State is detained by a port State, in order to bring the ship in question into immediate compliance with the applicable international instruments (III Code, paragraph 25).\nRoot cause\n256 There was a lack of awareness of the need to have a system in place for this matter.\nCorrective action\n257 The Administration will develop and establish a formal document to define the procedures and corrective measures in order to bring those ships detained by a port State into immediate compliance with the applicable international laws. This corrective action will be completed by 30 September 2019.\n', "FD\n258 It was established that responsibilities, authority and interrelations of personnel who manage, perform and verify work relating to and affecting safety and pollution prevention were not defined and documented (III Code, paragraph 28).\nCircular Letter No.3879\nAnnex, page 49\nI:\\C_L\\CL.3879.docx\nRoot cause\n259 There was a lack of human and material resources, which contributed to this finding.\nCorrective action\n260 Administration's resolutions will be developed establishing written job descriptions, responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention, mainly for the flag State surveyors and auditors. Note: if they are going to develop those issues then they must have provided the resources to do so. This corrective action will be completed by 31 October 2020.\n", 'FD\n261 The Administration could not provide evidence that investigators had appropriate qualifications and knowledge in matters relating to the casualty. In addition, the impartiality and objectivity of investigators could not be demonstrated (Casualty Investigation Code, paragraph 11.1; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n262 The cabinet of maritime investigation was not fully implemented, therefore, there was an absence of specific instructions/procedures regarding qualifications and knowledge of the investigators, as well as provisions for their impartiality and objectivity.\nCorrective action\n263 The Administration will develop a training programme for the new investigators and a programme for updating the knowledge of existing personnel in matters related to the casualty, taking into account IMO model courses, IMO guidelines in this respect and the Casualty Investigation Code. A job description manual will also be developed for recruiting new investigators based on their background, experience and skills. In addition, the requirements of the Casualty Investigation Code will be implemented. To guarantee the impartiality and objectivity of the investigators the following measures will be implemented:\n.1 the Law that created an independent board for casualty investigations will be fully implemented;\n.2 the responsible entity will establish a procedure for selection of investigators, taking into account that he/she should not be in a personal conflict of interest by being involved in the process of survey or certification of any ship involved in a casualty; and\n.3 investigators will report directly to the board for casualty investigation to ensure no interference in their line of reporting on the results of the investigation.\nThis corrective action will be completed by 30 September 2020.\n', 'FD\n264 It was established that there was no mechanism for periodical evaluation of performance, based on review and measurement related to administrative processes,\nCircular Letter No.3879\nAnnex, page 50\nI:\\C_L\\CL.3879.docx\nprocedures and resources used to fulfil the flag State obligations under the applicable IMO instruments (III Code, paragraph 42).\nRoot cause\n265 There was a lack of resources that prevented the Administration from establishing a mechanism for evaluation of performance as a flag State.\nCorrective action\n266 The overall maritime strategy will be developed and procedures will be included for periodical review and evaluation of responsibilities in the area of flag State activities, based on clear objectives, key performance indicators defined to evaluate the effectiveness in the implementation and enforcement of the applicable IMO instruments and recommendations in order to identify and implement actions for continual improvement. The result of the periodic review will be reported yearly to the respective Ministry in order to evaluate the performance in the area of flag State activities regarding compliance with IMO instruments to which the State is Party. This corrective action will be completed by 30 March 2020.\n', 'FD\n267 The Administration had not implemented policies through issuing national legislation and guidance, which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is Party (III Code, paragraph 15.1).\nRoot cause\n268 There was a lack of understanding of the requirements of all safety and pollution prevention related conventions and protocols and the national legal system included lengthy processes for adoption of new legislation. Therefore, issuing national legislation and guidance could not be realized in a timely manner.\nCorrective action\n269 The Administration will implement the following actions:\n.1 a new national law on maritime transport will be adopted whereby sub-decrees and proclamations will be incorporated to implement and enforce requirements stemming from the mandatory IMO instruments to which the State is Party;\n.2 relevant policies assisting in the implementation and enforcement of the mandatory IMO requirements will be formulated and promulgated to all stakeholders; and\n.3 technical assistance will be requested from IMO for seminars or trainings under relevant conventions and protocols to be provided to the Administration.\nThis corrective action will be completed by 30 June 2021.\nCircular Letter No.3879\nAnnex, page 51\nI:\\C_L\\CL.3879.docx\n', 'FD\n270 It was established that there was no specific requirement to extend the implementation of the provisions of MARPOL, Annex I to ships entitled to fly the flag of the State, regardless of their size and area of operation (MARPOL, Annex I, regulation 2.1; MARPOL, Annex I, regulation 14.4; MARPOL, Annex I, regulation 14.3; MARPOL, Annex I, regulation 14.6; III Code, paragraph 16.1).\nRoot cause\n271 There were no specific requirements in the existing national legislation to extend the implementation of the provisions of MARPOL to ships of non-convention size operating within inland waters and the territorial sea and insufficient personnel was available in the Administration to undertake such responsibilities.\nCorrective action\n272 The Administration will develop and implement relevant policies through issuing national legislation and technical guidelines for the implementation and enforcement of MARPOL requirements to ships entitled to fly the flag of the State regardless of their size and area of operation. This corrective action will be completed by 30 June 2021.\n', 'FD\n273 The Administration had not established resources and processes to conduct marine safety investigations following a very serious casualty (SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 6.2; Casualty Investigation Code, paragraph 10.1; III Code, paragraph 16.4).\nRoot cause\n274 There was a lack of transposition of mandatory IMO instruments into national legislation, and a lack of understanding of the need for impartiality and objectivity of investigators engaged in marine safety investigations, as well as of the need for the absence of organizational interference. There was also insufficient qualified personnel available to carry out the investigations and the existing legislative provisions of the State that established the investigative framework were focused primarily on general offence proceedings and criminal negligence and prosecution.\nCorrective action\n275 The Administration will develop and implement legislation transposing the requirements of the Casualty Investigation Code that will guarantee an impartial and objective investigation. In addition, technical assistance will be sought from IMO and other partners in order to train personnel to carry out investigations and to develop guidelines and procedures for the conduct of these investigations. This corrective action will be completed by 30 June 2021.\n', 'FD\n276 There was no evidence that the Administration had developed and documented guidance concerning those requirements of the relevant mandatory IMO instruments that are left "to the satisfaction of the Administration" (III Code, paragraph 16.5).\nCircular Letter No.3879\nAnnex, page 52\nI:\\C_L\\CL.3879.docx\nRoot cause\n277 The Administration did not have an adequate number of personnel with maritime expertise to assist in the development of necessary administrative instructions and technical guidance for those requirements that are left "to the satisfaction of the Administration" in the mandatory IMO instruments. In addition, legal basis and procedure for interpretation of the areas left "to the satisfaction of the Administration" in the mandatory IMO instruments were not available.\nCorrective action\n278 The Administration will develop and implement adequate legislation and establish a documented procedure as a basis for monitoring and implementing the mandatory IMO instruments and, in particular, for addressing those requirements that are left to "the satisfaction of the Administration" in all the mandatory IMO instruments to which the State is Party. This corrective action will be completed by 30 June 2021.\n', 'FD\n279 The penalties under national legislation were found insufficient and not adequate to discourage violations of international rules and standards by ships entitled to fly the flag of the State (III Code, paragraph 22.5).\nRoot cause\n280 The following factors contributed to this finding:\n.1 inadequate legal provisions established with limited sanctions and penalties to discourage violations of international rules and standards and a lack of regulatory monitoring process;\n.2 penalties under national legislation were mainly aiming at general violations of the public; and\n.3 insufficient personnel at the Administration to assist in regular review of severity of penalties contained in national legislation.\nCorrective action\n281 A national law and a policy on maritime transport will be developed and implemented with penalties of adequate severity to discourage violations of international rules and standards by ships entitled to fly the flag of the State. Responsibility will be assigned in order to ensure continuous review of the adequacy of the penalties. This corrective action will be completed by 30 June 2021.\n', 'FD\n282 There was no national legislation relating to flag State activities that might assist in the implementation and enforcement of the requirements of applicable IMO instruments to which the State is Party (III Code, paragraph 15.1).\nCircular Letter No.3879\nAnnex, page 53\nI:\\C_L\\CL.3879.docx\nRoot cause\n283 The existing national legislation was obsolete and the Administration had not developed and promulgated laws, regulations, and procedures required by all the mandatory IMO instruments to which the State is Party\nCorrective action\n284 The following actions will be implemented:\n.1 the Administration will analyse all mandatory IMO instruments to which the State is Party and identify the necessary laws, regulations, and procedures that will be developed and implemented to ensure effective enforcement and monitoring of compliance of these international provisions;\n.2 the Navigation Code of the State will be reviewed and amended to include the provisions of the mandatory IMO instruments; and\n.3 procedures will be established to maintain a system for monitoring, analysing and developing standards for the provisions of the mandatory IMO instruments.\nThis corrective action will be completed by 30 December 2020.\n', 'FD\n285 The Administration had not put in place sufficient resources and processes capable of administering a safety and environmental protection programme consisting, as a minimum, of administrative instructions, an independent audit and inspection programme, compliance with international standards of seafarer training, certification and watchkeeping, certification of ships and seafarers and the conduct of investigations into casualties. Furthermore, the Administration had not provided guidance on those requirements in the relevant international instruments that were left to the "satisfaction of the Administration" (III Code, paragraph 16).\nRoot cause\n286 The mandatory provisions of the III Code were not fully understood, and there were no rules or administrative instructions in place to implement an audit and inspection programme. In addition, no specific procedures had been established under national legislation on granting exemptions and no adequate national legislation had been developed to ensure the dissemination of information and mandatory reports.\nCorrective action\n287 The national legislation will be amended to provide resources and define procedures to administer a safety and environmental protection programme. The Administration will develop and implement administrative instructions and establish an independent system of audits and inspections to ensure the effective implementation of the rules and standards mandated by the relevant IMO instruments. It will also develop interpretations of the requirements that are "left to the satisfaction of the Administration" and will define and implement the legislation required for monitoring the applicable requirements of STCW 1978 Convention. This corrective action will be completed by 30 December 2021.\nCircular Letter No.3879\nAnnex, page 54\nI:\\C_L\\CL.3879.docx\n', 'FD\n288 The Administration had not put in place an oversight programme or provided adequate resources for monitoring of survey and certification activities delegated to ROs. Also, the ROs had not been duly evaluated in accordance with the standards required by the RO Code and the agreements concluded were not in accordance with the provisions of the said Code (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragraph 18; III Code, paragraph 20).\nRoot cause\n289 There was a lack of awareness of the provisions of the RO Code, absence of regulations and insufficient resources necessary to evaluate and supervise ROs.\nCorrective action\n290 The Administration will implement the following measures:\n.1 transpose the RO Code into national legislation and implement the Code;\n.2 renew past agreements with ROs in accordance with the provisions of the RO Code and provide them with relevant national legislation, instructions and recommendations; and\n.3 develop and establish a mechanism for evaluating and supervising ROs.\nThis corrective action will be completed by 30 December 2021.\n', 'FD\n291 There was no evidence to show that adequate measures had been taken by the Administration to secure observance of international rules and standards by ships entitled to fly its flag and by entities and persons under its jurisdiction so as to ensure compliance with its relevant international obligations (III Code, paragraph 22.1; III Code, paragraph 22.2).\nRoot cause\n292 There was a lack of appropriate mechanism to prohibit ships flying the flag of the State from sailing when they do not comply with the requirements of international rules and standards.\nCorrective action\n293 A legal and administrative mechanism will be established to prohibit ships from sailing when they are not compliant with the requirements of international rules and standards and a periodic inspection programme of ships authorized to fly the flag of the State will be established by the Administration to ensure that the condition of these ships and their crews comply with the certificates on board. This corrective action will be completed by 30 December 2019.\n', 'FD\n294 There was no control and monitoring programme in place to ensure the training and oversight of the activities of surveyors and investigators (III Code, paragraph 24.5).\nCircular Letter No.3879\nAnnex, page 55\nI:\\C_L\\CL.3879.docx\nRoot cause\n295 There was a lack of documented procedures to control the activities of surveyors and investigators and to ensure their proper training and the updating of their knowledge\nCorrective action\n296 The Administration will develop and implement documented rules and procedures for the training of its surveyors and investigators in order to enhance the appropriate skills and knowledge on ship inspection and accident investigation issues. This corrective action will be completed by 30 December 2019.\n', 'FD\n297 The Administration did not define and document the responsibilities, authority and interrelation of all personnel who manage, perform and verify activities relating to safety and pollution prevention, in particular for flag State surveyors. Furthermore, it was not demonstrated that all staff had a level of training and supervision commensurate with the tasks they were authorized to perform (III Code, paragraph 28; III Code, paragraph 33).\nRoot cause\n298 The Administration was not aware of the need to define and document the responsibilities, authority and interrelationship of all personnel, who manages, perform and verify the activities of flag State surveyors.\nCorrective action\n299 The Administration will develop and implement regulation establishing a corps of surveyors for maritime and inland navigation and will define and record in writing the responsibilities and authority of all personnel who manage, perform and verify the activities relating to safety and pollution prevention, in particular flag State surveyors, as well as the interrelationship between members of the staff. In addition, the Administration will determine the level of education, training and supervision of personnel assisting flag State surveyors in carrying out their duties. This corrective action will be completed by 30 December 2019.\n', 'FD\n300 The Administration had not implemented a documented system for qualification of personnel and continuous updating of their knowledge as appropriate to the tasks they were authorized to undertake. Also, the identification documents for surveyors had not been issued (III Code, paragraph 35; III Code, paragraph 37).\nRoot cause\n301 The Administration was unaware of the need to define the qualifications required for the flag State surveyors, to provide them with appropriate training, and to define clear job descriptions. The issuance of identification documents to each flag State surveyor had not been incorporated into national legislation.\nCorrective action\n302 The Administration will develop and implement a documented procedure and a corresponding documented system capturing the existing qualification and training of flag State\nCircular Letter No.3879\nAnnex, page 56\nI:\\C_L\\CL.3879.docx\nsurveyors and identify individual training needs, as a basis for organizing and recording further training received in order to ensure that competence of each flag State surveyor corresponds to the assigned tasks. Training programmes will be established for the identified areas of expertise and their delivery documented and regularly monitored for each surveyor. Surveyors with appropriate qualifications and training will be provided with an identification document under which they will be authorized to carry out inspections as part of flag State control. This corrective action will be completed by 30 December 2019.\n', 'FD\n303 There was no evidence that the Administration had carried out marine safety investigations following very serious marine casualties. Moreover, the qualifications and knowledge of all investigators participating in marine casualty investigations could not be demonstrated (Casualty Investigation Code, paragraph 6.2; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n304 The national legislation of the State did not explicitly give effect to SOLAS 1974, regulation XI 1/6 or to the Casualty Investigation Code. There was a lack of technical and legal expertise to assist in developing investigative procedures and to implement the requirements of the Casualty Investigation Code.\nCorrective action\n305 The Casualty Investigation Code will be incorporated into national legislation. In order to ensure impartiality and objectivity in the conduct of casualty investigations, a permanent casualty investigation and marine and river navigation office will be established within the responsible Ministry and will be staffed by officials from the responsible directorates of the maritime administration, who will be qualified and trained in investigation of marine incidents. A documented management system, including casualty investigations and notification to IMO, will be established. This corrective action will be completed by 31 December 2021.\n', 'FD\n306 There was no system in place for periodical evaluation of performance of the Administration in implementing the methods, procedures and administrative resources necessary to meet its obligations and responsibilities under the mandatory IMO instruments. No measures were in place to determine whether the staffing, resources and administrative procedures are adequate to meet its flag State obligations (III Code, paragraph 42; III Code, paragraph 43).\nRoot cause\n307 There were insufficient information and knowledge on the implementation of flag State obligations. In addition, there was no maritime strategy for the implementation and enforcement of the mandatory IMO instruments, which would have defined the roles and responsibilities for establishing a review procedure and a periodic evaluation of performance in the conduct of flag State activities.\nCorrective action\n308 The Administration will establish a procedure, within the framework of the overall maritime strategy, to periodically review and evaluate its performance in the conduct of flag\nCircular Letter No.3879\nAnnex, page 57\nI:\\C_L\\CL.3879.docx\nState activities, based on performance indicators, related to the implementation and enforcement of the mandatory IMO instruments, with the aim of making continuous improvements. Appropriate legislation will be drafted, which will contain a process of assessment and review of all flag State activities. This corrective action will be completed by 31 December 2019.\n', 'FD\n309 There was no legislation relating to flag State activities that might assist in the implementation and enforcement of the requirements of mandatory IMO instruments to which the State is Party (III Code, paragraph 15.1).\nRoot cause\n310 A lack of understanding of the regulations, insufficient number of trained staff and lack of an effective mechanism within the Administration to develop, establish and revise relevant policies for the effective implementation and enforcement of mandatory requirements of IMO instruments to which the State is Party\nCorrective action\n311 The Administration will:\n.1 identify the applicable technical regulations from the relevant IMO instruments, in particular the mandatory IMO codes and resolutions, and their full promulgation into national legislation, including the development and implementation of guidelines to facilitate the application of the requirements of all the conventions and protocols to which the State is Party, covering the activities of the flag State;\n.2 establish a training and familiarization programme for international conventions and protocols and personnel with responsibilities in flag State activities; and\n.3 establish a mechanism for the Administration to formulate, update and review on a regular basis, the relevant legislation, rules and national regulations covering the activities as a flag State.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n312 The Administration had not put in place sufficient resources and processes capable of administering a safety and environmental protection programme consisting, as a minimum, of administrative instructions, an independent audit and inspection programme, compliance with international standards of training, certification and watchkeeping of seafarers and the conduct of investigations into casualties. Furthermore, the Administration had not provided guidance concerning those requirements found in the relevant international instruments that were to the "satisfaction of the Administration". Also, the Administration had not established a quality standards system, and the independent evaluation, as provided for by STCW 1978, regulation I/8, had not been undertaken (III Code, paragraph 16).\nCircular Letter No.3879\nAnnex, page 58\nI:\\C_L\\CL.3879.docx\nRoot cause\n313 The following factors contributed to this finding:\n.1 a lack of understanding of the international obligations stemming from the conventions and ratified protocols, including 1978 STCW Convention and the Casualty Investigation Code;\n.2 the lack of documented procedures or audit, inspection programme or internal monitoring of the activities of the Administration with respect to its obligations as a flag State; and\n.3 the Administration did not have a training centre for seafarers.\nCorrective action\n314 The Administration will:\n.1 establish a training programme on the relevant international instruments for personnel with responsibilities in flag State activities, including 1978 STCW Convention and the Casualty Investigation Code;\n.2 develop and institutionalize a manual of procedures giving instructions for:\n.1 applying international rules and standards;\n.2 establishing and disseminating national regulations necessary to interpret them;\n.3 listing the measures taken in response to the requirements of the relevant instruments which are left "to the satisfaction of the Administration"; and\n.4 specifying the measures taken to ensure compliance with seafarers\' certificates, address any certificate deficiencies, prevent fraud, ensure STCW 1978 compliance, including when such certificates are issued under the authority of another State;\n.3 establish an independent audit and inspection programme for compliance with the requirements of the relevant international instruments; and\n.4 establish a written and documented procedure for issuing endorsements.\nThis corrective action will be completed by 31 December 2019.\n', "FD\n315 There was no evidence to show that adequate measures had been taken by the Administration to secure observance of international rules and standards by ships entitled to fly its flag and by entities and persons under its jurisdiction so as to ensure compliance with its relevant international obligations (III Code, paragraph 22.1; III Code, paragraph 22.2).\nCircular Letter No.3879\nAnnex, page 59\nI:\\C_L\\CL.3879.docx\nRoot cause\n316 The following factors contributed to this finding:\n.1 the national fleet had not been enumerated and the ship's file had not been updated;\n.2 the lack of ship control planning by the flag State; and\n.3 the lack of a sufficient mechanism to prohibit ships flying the flag of the State from sailing in cases of non-compliance with the requirements of international rules and standards.\nCorrective action\n317 The Administration will:\n.1 identify all ships registered under the flag of the State and establish, for each unit, a ship record kept and updated that will set up a schedule for the inspection and verification of ships by the flag State;\n.2 establish a legal and administrative mechanism to prohibit ships from sailing when they are not in compliance with the requirements of international rules and standards; and\n.3 establish documented procedures for the effective implementation of the provisions relating to inspections and verifications made mandatory by the relevant instruments to which the State is Party.\nThis corrective action will be completed by 31 December 2019.\n", 'FD\n318 There was no control and monitoring programme in place to ensure the training and oversight of the activities of surveyors and investigators (III Code, paragraph 24.5).\nRoot cause\n319 Lack of career plan management (surveyors and investigators) regarding the qualifications of the workforce.\nCorrective action\n320 The Administration will:\n.1 draft and implement procedures to determine the prerequisites for an initial training programme in order to obtain the necessary qualifications and skills as surveyors and investigators and to determine the continuous training required to maintain their competence;\n.2 organize a training programme for existing staff members to obtain the required qualifications and skills and recruit new staff if necessary; and\nCircular Letter No.3879\nAnnex, page 60\nI:\\C_L\\CL.3879.docx\n.3 monitor its surveyors and investigators in order to ensure that their qualifications and competence in relation to the assigned tasks are maintained.\nThis corrective action will be completed by 31 December 2021.\n', "FD\n321 The Administration had not defined or documented the responsibilities, authority and interrelation of all personnel who managed, performed and verified work relating to and affecting safety and pollution prevention, in particular for flag State surveyors. Moreover, there was no evidence that all personnel had training and supervision commensurate with the tasks they were authorized to perform (III Code, paragraph 28; III Code, paragraph 33).\nRoot cause\n322 The following factors contributed to this finding:\n.1 the lack of procedures defining the tasks, responsibilities and authority of the Administration's staff; and\n.2 the lack of training programmes for other staff assisting in tasks related to flag State activities.\nCorrective action\n323 The Administration will:\n.1 develop and establish a regulatory framework defining the responsibilities and authority of all personnel who manage, perform and verify activities related to safety and pollution prevention, as well as relations between staff members, particularly in the case of flag State surveyors; and\n.2 develop and implement an initial and continuing training programme for other staff assisting in the performance of the duties related to flag State activities.\nThis corrective action will be completed by 31 December 2019.\n", 'FD\n324 The Administration had not implemented a documented system for qualification of personnel and continuous updating of their knowledge as appropriate to the tasks they were authorized to undertake. Moreover, identification documents for surveyors had not been issued (III Code, paragraph 35; III Code, paragraph 37).\nRoot cause\n325 A lack of knowledge of the obligations of the III Code concerning the need to implement a documented system for the qualifications of personnel and updating of their knowledge and to issue an identification document for the flag State surveyors.\nCorrective action\n326 The Administration will:\nCircular Letter No.3879\nAnnex, page 61\nI:\\C_L\\CL.3879.docx\n.1 identify personnel engaged in flag State activities;\n.2 develop and implement a documented system for capturing qualification of its personnel and continuous updating of their knowledge, based on their individual needs. A continuous training programme for updating knowledge of flag State surveyors will be put in place based on their qualifications; and\n.3 develop an administrative note setting out the conditions for issuing an identification document for each flag State surveyor.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n327 There was no evidence that the Administration had carried out marine safety investigations following a very serious marine casualty. Moreover, the qualifications and knowledge of all investigators participating in marine casualty investigations could not be demonstrated (Casualty Investigation Code, paragraph 6.1; Casualty Investigation Code, paragraph 6.2; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n328 A lack of understanding of the regulations, lack of monitoring of the progress of international regulations, failure to transpose mandatory IMO instruments into national legislation, including the impartiality and objectivity of investigators engaged in maritime accident investigations, and insufficient qualified personnel to conduct these investigations.\nCorrective action\n329 The Administration will develop and implement a legislation transposing the requirements of the Casualty Investigation Code, establish and set up a unit to conduct maritime accident investigations, will improve the qualifications of its personnel to carry out investigations with adequate training and develop guidelines and documented procedures to conduct investigations and to communicate their findings to IMO and the public. This corrective action will be completed by 31 December 2020.\n', "FD\n330 There was no system for evaluating, on a periodic basis, the Administration's performance with respect to the implementation of administrative processes, procedures and resources necessary to meet its obligations and responsibilities under mandatory IMO instruments. There were no measures in place to determine whether staffing, resources and administrative procedures were adequate to meet its flag State obligations (III Code, paragraph 42; III Code, paragraph 43).\nRoot cause\n331 The following factors contributed to this finding:\n.1 a lack of culture to periodically evaluate or review the performance and lack of qualified staff in measuring and evaluating performance;\n.2 a lack of understanding of the procedure of evaluating with respect to the implementation of methods, procedures and administrative resources; and\nCircular Letter No.3879\nAnnex, page 62\nI:\\C_L\\CL.3879.docx\n.3 inadequate training-employment.\nCorrective action\n332 The Administration will develop and implement a legal framework to institutionalize a documented system of evaluation and periodic review of its performance by identifying evaluation measures and performance and activity indicators in accordance with the relevant instruments. The performance indicators will include those related to flag State surveys, results of PSC inspections of ships flying the flag of the State, competence of staff and procedures of the Administration to carry out flag State activities. This corrective action will be completed by 31 December 2019.\n", 'FD\n333 The Administration did not develop and implement policies through the issuance of national legislation and guidance to assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is Party. In addition, division of responsibilities of government entities participating in the implementation and enforcement of applicable mandatory IMO instruments was not clearly defined and documented (III Code, paragraph 15).\nRoot cause\n334 The lack of awareness of the need for documenting policies through the issuance of national legislation and guidance, as well as for assigning related responsibilities.\nCorrective action\n335 A policy document will be developed to provide a roadmap for the implementation and enforcement of the mandatory IMO instruments. Procedures and guidelines will be developed in collaboration among the Government entities involved in the implementation and enforcement of the mandatory IMO instruments in order to document specific roles they play in developing and implementing policies. Training, including seminars for the relevant staff, will be organized to raise awareness and guidelines and circulars will be issued to assist in the implementation and enforcement of the mandatory IMO instruments. This corrective action will be completed by 30 December 2017.\n', 'FD\n336 The Administration had not implemented a safety and environmental protection programme, including establishing administrative instructions to implement applicable international rules and regulations as well as developing and disseminating any interpretative national regulations that may be needed (e.g. Type approval, issuing exemptions, equivalents, alternative arrangements), and for those requirements that are left "to the satisfaction of Administration" (III Code, paragraph 16.1; III Code, paragraph 16.5).\nRoot cause\n337 There was no safety and environmental protection programme in place owing to a lack of commitment and resources.\nCircular Letter No.3879\nAnnex, page 63\nI:\\C_L\\CL.3879.docx\nCorrective action\n338 Policies, procedures and guidelines will be developed for the issuance of exemptions, type approvals, equivalents and alternative arrangements. Interpretations of the requirements that are left "to the satisfaction of the Administration" will be defined and surveyors\' manuals with procedures and checklists for flag State surveyors will be developed and implemented. In addition, administrative instructions to assist in the implementation and enforcement of the mandatory IMO instruments will be developed. This corrective action will be completed by 30 December 2017.\n', 'FD\n339 The Administration had not developed policies, guidelines or procedures for issuing Safe Manning Certificates to ensure that ships entitled to fly the flag of the State are sufficiently and efficiently manned, taking into account the guidelines contained in resolution A.1047(27) (III Code, paragraph 17).\nRoot cause\n340 Owing to the size and nature of the fleet on the registry at the time of the audit, it was not considered expedient to develop a procedure/guideline for issuing Safe Manning Certificates.\nCorrective action\n341 Guidelines will be developed in accordance with resolution A.1047(27) on the Principles of Minimum Safe Manning and SOLAS 1974, regulation V/14. This corrective action will be completed by 1 December 2017\n', 'FD\n342 There was no evidence that the Administration had regulated the authorization of ROs and nominated surveyors acting on its behalf in accordance with the applicable requirements of the mandatory IMO instruments (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 1.2; RO Code, part 2, appendix 3; RO Code, part 2, section 8; III Code, paragraph 18; III Code, paragraph 21).\nRoot cause\n343 Formal agreements between the Administration and ROs had not been concluded owing to an absence of awareness of related requirements.\nCorrective action\n344 The list of ROs had been revised. Three updated agreements for the authorization of ROs had been concluded and one will be amended and approved by both parties. Henceforth, nominated surveyors will only be engaged for ships below convention sizes. This corrective action will be completed by 1 August 2018.\n', 'FD\n345 The Administration did not establish an oversight programme with adequate resources for monitoring the survey and certification activities delegated to ROs and the nominated surveyors (III Code, paragraph 20).\nCircular Letter No.3879\nAnnex, page 64\nI:\\C_L\\CL.3879.docx\nRoot cause\n346 There was no oversight programme established in accordance with the III Code and the RO Code for monitoring the activities delegated to ROs owing to a lack of resources and technical personnel.\nCorrective action\n347 The ROs monitoring programme will be developed, implemented and presented to the ROs, including communication and reporting requirements. This programme will include: supplementary surveys conducted by the Administration to check the work carried out by ROs; joint surveys by surveyors from the ROs and the Administration organized during statutory surveys; annual meetings with the ROs in order to inform them about changes to the national legislation, revision of the IMO instruments and other relevant topics; individual meetings with ROs to address non-conformities, problems and complaints observed by the Administration during surveys; and audits of local offices of ROs conducted annually for all the ROs by selected staff with requisite expertise under established procedures. This corrective action will be completed by 31 January 2018.\n', "FD\n348 The Administration did not take all necessary measures to ensure compliance with international rules and standards by ships entitled to fly the flag of the State and by entities and persons under its jurisdiction, including the lack of procedures to carry out periodic inspections of ships; measures to ensure adequate ship's complement; absence of; detailed provisions in national laws and regulations for penalties; and, measures to institute proceedings after an investigation has been conducted (III Code, paragraph 22.1; III Code, paragraph 22.2; III Code, paragraph 22.4; III Code, paragraph 22.5; III Code, paragraph 22.6; III Code, paragraph 22.8).\nRoot cause\n349 Prior to the audit, it was not considered necessary to document the procedures and to ensure the detailed provisions in national legislation. Specific responsibility was not assigned by the Administration to develop and implement necessary procedures and guidelines. Besides, because of the size of the fleet, the Administration did not develop procedures for flag Stage inspections.\nCorrective action\n350 The Administration will develop guidelines, instructions, checklists and procedures for flag State inspections and surveys. Detailed provisions in laws and regulations will be developed and implemented for ships' complement of various categories of ships, including provisions for penalties and for instituting proceedings after an investigation has been conducted. Records will be filed and maintained at the Administration after each inspection/survey/investigation and procedures and guidelines for instituting proceedings will be developed. This corrective action will be completed by 1 July 2019.\n", 'FD\n351 The Administration had not developed and implemented a control and monitoring programme, as appropriate, in order to ensure compliance with the applicable international instruments (III Code, paragraph 23; III Code, paragraph 24.1; III Code, paragraph 24.5).\nCircular Letter No.3879\nAnnex, page 65\nI:\\C_L\\CL.3879.docx\nRoot cause\n352 The lack of resources and technical personnel within the Administration.\nCorrective action\n353 The Administration will develop a control and monitoring programme in order to verify, among others, the compliance with all the requirements of the casualty investigation code. An Accident Investigation Board (AIB) will be established comprising representation from relevant Government entities. Guidelines for casualty investigations will be developed in accordance with the Casualty Investigation Code, meetings will be held with the appointed board, including seminars and in-house training, and the related Shipping Act will be amended in order to include the appointment of the accident investigation board. A responsible and qualified officer will be appointed in the Administration to collect and analyse statistical data in order to carry out trend analyses and identify problem areas. The aforementioned control and monitoring programme will also include clear procedures for timely response to deficiencies and alleged pollution incidents reported by port or coastal States and verification of compliance with the applicable IMO international instruments through national legislation including the development of training programmes and oversight mechanism for the nominated surveyors and investigators conducting marine safety investigations. This corrective action will be completed by 30 December 2018.\n', 'FD\n354 The Administration did not implement a documented system for qualification of flag State surveyors and continuous updating of their knowledge to the tasks they are authorized to undertake. Besides, no identification documents were issued for surveyors carrying out flag State tasks (III Code, paragraph 35; III Code, paragraph 37).\nRoot cause\n355 The lack of resources and lack of general awareness of the requirements regarding flag State inspections.\nCorrective action\n356 The Administration will implement the following corrective actions:\n.1 a documented system will be developed, including guidelines and procedures for recruitment and qualification of personnel and continuous updating of their knowledge. The system will include all relevant records such as CVs of the personnel, records of training, and records of authorization;\n.2 two programmes for the training of surveyors will be established, based on their individual training needs ? one for newly recruited surveyors and another for the updating of knowledge of the existing surveyors. The training programmes which will include on the job training, in-house training courses, online courses and courses at a regional maritime university, will be developed and implemented for flag State surveyors and PSC inspectors; and\n.3 guideline/procedure for issuing and recording of ID cards for flag State surveyors and PSC officers will be developed. A list of surveyors performing specific tasks and ID card holders will be recorded and maintained.\nCircular Letter No.3879\nAnnex, page 66\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 30 December 2017\n', 'FD\n357 The Administration did not have any system in place in order to ensure that the flag State investigation obligations were fulfilled in relation to:\n.1 impartiality and objectivity of the investigators;\n.2 investigations of all serious marine casualties; and\n.3 investigation and reporting in accordance with the relevant international instruments, taking into account the Casualty Investigation Code and guidelines developed by IMO.\n(SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; LL 1966, article 23; Casualty Investigation Code, paragraph 6.2; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n358 Since the majority of ships entitled to fly the flag of the State are of below convention sizes, it was considered that the existing national provisions set in the related Shipping Act were adequate.\nCorrective action\n359 The Casualty Investigation Code will be incorporated into national legislation and an accident investigation board will be established comprising representatives from relevant Government entities in order to ensure the impartiality and objectivity of the marine safety investigations. Guidelines for conducting investigations and reporting the results thereof will be developed in accordance with the Casualty Investigation Code, meetings will be held with the appointed board, including seminars and in-house training, and the related Shipping Act will be amended in order to include the appointment of the accident investigation board. This corrective action will be completed by 30 December 2019.\n', 'FD\n360 It was established that there was no mechanism in place for performance evaluation of flag State activities (III Code, paragraph 42; III Code, paragraph 43).\nRoot cause\n361 Owing to the lack of technical personnel and resources, the responsibility to describe and implement the necessary procedures and guidelines was not assigned.\nCorrective action\n362 Key Performance Indicators (KPI) will be defined as a measure for performance evaluation. Related collection of data will be organized and analysis of KPIs will be conducted annually. A joint audit team from relevant Government entities will be established and verification of the performance evaluation will be included in the scope of the audit. The audit including all areas of flag State activities will be conducted at least once a year, whilst audits\nCircular Letter No.3879\nAnnex, page 67\nI:\\C_L\\CL.3879.docx\nof specific areas may be conducted periodically and on an ad-hoc basis. This corrective action will be completed by 30 December 2018.\n', 'FD\n363 There was no objective evidence to demonstrate that the Administration had issued national legislation and guidance to assist in the implementation and enforcement of applicable mandatory instruments to which the State is Party (III Code, paragraph 15.1).\nRoot cause\n364 The Administration considered unreasonable to adopt separate rules for navigation in its territorial waters, having adopted national rules for navigation and moorage in seaports and on their approaches. Owing to the lack of technical specialists involved in the tonnage measurement of ships, normative legal acts implementing the requirements of TONNAGE 1969 were not issued.\nCorrective action\n365 The Law on Merchant Shipping will be amended to incorporate relevant provisions of the applicable mandatory IMO instruments. Relevant regulations, guidance and instructions for effective implementation and enforcement of the mandatory IMO instruments to which the State is Party will be drafted and enacted into national legislation, particularly with regard to rules for navigation of ships in the territorial waters and rules on tonnage measurement of ships. This corrective action will be completed by 30 June 2020.\n', 'FD\n366 Although national regulations had been put in place, there was no objective evidence to demonstrate that the Administration had established a process for compliance with the requirements related to STCW 1978 (e.g. training, assessment of competence and certification of seafarers, agreements with other States on acceptance of certificates of competency) (STCW 1978, regulation I/2.1; STCW 1978, regulation I/2.2; STCW 1978, regulation I/2.7; STCW 1978, regulation I/2.8; STCW 1978, regulation I/10.1; III Code, paragraph 16.3).\nRoot cause\n367 Owing to the lack of human, financial and technical resources, work on establishing a process for compliance with the STCW 1978 requirements was delayed.\nCorrective action\n368 The Administration will:\n.1 organize monitoring of educational institutions and marine training centres for compliance with the requirements of the STCW 1978;\n.2 implement QMS covering the administration of the seafarers\' training and certification system, conduct an independent evaluation in accordance with STCW 1978, regulation I/8, and communicate the required information to IMO;\n.3 conclude inter-ministerial agreements on mutual recognition of professional diplomas and certificates with countries in the region; and\nCircular Letter No.3879\nAnnex, page 68\nI:\\C_L\\CL.3879.docx\n.4 prepare relevant documents and submit them to IMO for evaluation by a panel of competent persons in order to enter the "White List" under the STCW 1978 Convention.\nThis corrective action will be completed by 31 December 2019.\n', "FD\n369 There was no objective evidence to demonstrate that ROs had been duly assessed in accordance with the required standards set out in the RO Code. Formal written agreements, which were in place with six ROs, were not in compliance with the mandatory requirements of the RO Code and the III Code. There was no evidence of an RO oversight programme (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 8; RO Code, part 3, section 7.1.1; III Code, paragraph 18.2; III Code, paragraph 20).\nRoot cause\n370 The Administration was not aware of the need to assess the adequacy of resources and to monitor activities of ROs that are members of IACS. Limited resources of the Administration's unit, which interacts with the ROs, contributed to this finding.\nCorrective action\n371 The Administration will:\n.1 assess whether all its ROs comply with the requirements of the RO Code;\n.2 conclude new agreements for the authorization of ROs, according to the requirements of the RO Code; and\n.3 establish and implement an oversight programme with adequate resources for monitoring of ROs, in order to ensure that the international obligation of the flag State are met.\nThis corrective action will be completed by 30 June 2019.\n", "FD\n372 There was no objective evidence that investigators had working knowledge and practical experience in ships' operations. Regulations and procedure for carrying out investigation and reporting were not in compliance with all the requirements of the Casualty Investigation Code (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12.1; Casualty Investigation Code, paragraph 1.3; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n373 The lack of human resources and non-attractive salaries of maritime accident investigators compared to the wages of employees in the maritime industry have contributed to this finding.\nCorrective action\n374 The Administration will implement the following corrective actions:\nCircular Letter No.3879\nAnnex, page 69\nI:\\C_L\\CL.3879.docx\n.1 advanced training will be organized for inspectors of the Department for investigation of transport accidents and incidents;\n.2 amendments to the rules for investigation of marine accidents will be issued, in order to implement the requirements of the Casualty Investigation Code; and\n.3 the unified system of payment for labour will be amended, in order to increase the salary of marine accident investigators.\nThis corrective action will be completed by 31 December 2019.\n375 The Administration had not implemented a documented system for qualification of personnel involved with flag State inspections and continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake (III Code, paragraph 35).\nRoot cause\n376 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system; and\n.3 there was a lack of competent personnel, inadequate legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas.\nCorrective action\n377 Maritime affairs have been given higher priority at the national level and additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will document, record and provide reports on steps taken for the qualification of personnel involved with flag State inspections of the domestic fleet and continuous updating of their knowledge; and for providing the associated training, assessment and certification;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. To ensure continuous compliance with this requirement, the III Code has been included in the quality system manual and also in the induction training that is provided to personnel who are assigned to the relevant unit;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight of the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the Ship Registry will be requested; and\nCircular Letter No.3879\nAnnex, page 70\nI:\\C_L\\CL.3879.docx\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and a documented system for qualification and training will be established by both the Administration and the Ship Registry, accordingly.\nThis corrective action will be completed by 31 July 2020.\n", 'FD\n378 There was no evidence to establish that the Administration kept a copy of stability and loading information in respect of ships entitled to fly the flag of the State (SOLAS 1974, regulation II-1/5-1.1; LL PROT 1988, annex 1, regulation 10; III Code, paragraph 26).\nRoot cause\n379 Maritime affairs were not prioritized at the national level; and there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet.\nCorrective action\n380 Maritime affairs have been given higher priority at the national level and additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will document, record and provide reports on steps taken with regard to keeping copies of ship documents as required under the applicable IMO instruments, including stability and loading information; and\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n381 The Administration had not defined and documented the responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention (III Code, paragraph 28).\nRoot cause\n382 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet, including definition of their authority and interrelation;\nCircular Letter No.3879\nAnnex, page 71\nI:\\C_L\\CL.3879.docx\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n383 Maritime affairs are now given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken for defining the responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight of the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and the responsibilities, interrelation and authority of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention will be documented.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n384 There was objective evidence to establish that the Administration had issued a dispensation in contravention to the requirements of STCW 1978. Additionally, the Administration had not ensured that international certificates, including exemptions, are only issued to ships meeting all applicable standards (STCW 1978, article VIII; SOLAS 1974, regulation I/4.b; III Code, paragraph 26).\nRoot cause\n385 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control\nCircular Letter No.3879\nAnnex, page 72\nI:\\C_L\\CL.3879.docx\nof personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n386 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken to ensure that dispensations are only issued in compliance with the requirements of STCW 1978; and that international certificates, including exemptions, are only issued to ships meeting all applicable standards;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight of the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and a system will be established to ensure that certificates, including dispensation and exemption certificates, are issued to ships in compliance with the requirements of the applicable IMO instruments.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n387 The State had not established resources and processes of administering a safety and environment protection program. The State had not developed guidelines nor procedures for evaluation, testing and approval of life-saving appliances and navigational equipment. Additionally, the State had not ensured compliance with the requirements of IMO instruments through an independent audit and inspection program (SOLAS 1974, regulation III/4; SOLAS 1974, regulation V/18.1; III Code, paragraph 16).\nRoot cause\n388 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\nCircular Letter No.3879\nAnnex, page 73\nI:\\C_L\\CL.3879.docx\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n389 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken to establish resources and processes for administering a safety and environment protection programme and to ensure compliance with the requirements of IMO instruments through such a programme;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and the Ship Registry will be required to establish adequate resources and processes for the programme on its side.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n390 The Administration did not provide its ROs with relevant national laws, interpretations thereof or instructions giving effect to the provisions of the mandatory IMO instruments, including instructions detailing actions to be followed in the event that the ship is found unfit to proceed to sea (SOLAS 1974, regulation XI-1/1; III Code, paragraph 18.3; III Code, paragraph 18.4).\nRoot cause\n391 The following factors contributed to this finding:\n.1 Maritime affairs were not prioritized at the national level;\nCircular Letter No.3879\nAnnex, page 74\nI:\\C_L\\CL.3879.docx\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n392 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken in delegation of authority to ROs, including providing the ROs with relevant national laws, interpretations thereof or instructions giving effect to the provisions of the mandatory IMO instruments;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted in order to ensure compliance.\nThis corrective action is expected to be completed by 31 July 2020.\n', 'FD\n393 There was objective evidence that statutory certificates had been issued to a ship without proper surveys having been carried out (SOLAS 1974, regulation I/10; SOLAS 1974, regulation I/6; SOLAS 1974, regulation I/12; III Code, paragraph 26).\nRoot cause\n394 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control\nCircular Letter No.3879\nAnnex, page 75\nI:\\C_L\\CL.3879.docx\nof personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n395 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken in ensuring that statutory certificates are not issued to a ship without proper surveys having been carried out;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and a system will be put in place by the Ship Registry to ensure that certificates are only issued based on the required surveys, in compliance with the mandatory IMO instruments.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n396 The Administration had not:\n.1 established or participated in an oversight programme with adequate resources for monitoring of, and communication with its ROs in order to ensure that its international obligations are fully met;\n.2 determined that some of its ROs had adequate resources in terms of technical, managerial and research capabilities to accomplish the tasks being assigned; and\n.3 updated its existing agreements with ROs so that they meet the mandatory requirements of the RO Code. Furthermore, the Administration had\nCircular Letter No.3879\nAnnex, page 76\nI:\\C_L\\CL.3879.docx\nauthorized some ROs without signing a formal written agreement in accordance with the RO Code\n(RO Code, part 2, section 2.1 ; III Code, paragraph 18.1; III Code, paragraph 18.2; III Code, paragraph 20).\nRoot cause\n397 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n398 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken in delegation of authority and monitoring of ROs;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight of the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and a system will be put in place to ensure that delegation of authority and monitoring of ROs are carried out in compliance with the mandatory IMO instruments.\nThis corrective action will be completed by 31 July 2020.\nCircular Letter No.3879\nAnnex, page 77\nI:\\C_L\\CL.3879.docx\n', 'FD\n399 The Administration did not have documented requirements for the qualification of casualty investigators and defined criteria for conducting marine safety investigations. Furthermore, the Administration failed to carry out a marine safety investigation into a very serious marine casualty of a ship entitled to fly the flag of the State and the results of the investigations carried out were not made public (SOLAS 1974, regulation XI-1/6; SOLAS 1974, regulation I/21; Casualty Investigation Code, paragraph 6.2; MARPOL, article 12(1); III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n400 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n401 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken in the investigation of marine accidents;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and a system will be put in place to ensure that casualty investigation related activities performed by the Ship Registry comply with the requirements of the mandatory IMO instruments.\nCircular Letter No.3879\nAnnex, page 78\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n402 The Administration had not implemented and enforced fatigue prevention measures and drug and alcohol policy on board ships flying its flag (STCW 1978, regulation VIII/1.1; III Code, paragraph 16.1).\nRoot cause\n403 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level; and\n.2 there was a lack of competent personnel and insufficient financing for development of a documented system for training, qualification and control of personnel involved with flag State management, as well as for promulgating and implementing national legislation.\nCorrective action\n404 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will set up a documented procedure and a central electronic system, which will record, document and provide reports on steps taken in implementing and enforcing national legislation, including fatigue prevention measures and drug and alcohol policy on board flag ships. Human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 December 2018.\n', 'FD\n405 There was objective evidence that the Administration had issued "certificates of endorsement" to recognize certificates of competency issued by other Parties to STCW 1978 with whom no undertakings were in place (III Code, paragraph 16.3; STCW 1978, regulation I/10.1).\nRoot cause\n406 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCircular Letter No.3879\nAnnex, page 79\nI:\\C_L\\CL.3879.docx\nCorrective action\n407 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken in the implementation of STCW 1978, including in preventing that "certificates of endorsement" are issued to recognize certificates of competency issued by other parties to STCW 1978 with whom no undertakings are in place;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and compliance with the STCW 1978 will be ensured in issuing endorsements under STCW 1978.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n408 Although some statistics and data were consulted and used from time to time, there was no documentary evidence to establish that the Administration had undertaken a periodic evaluation of its performance in order to determine whether staffing, resources and administrative procedures are adequate to meet its flag State obligations (III Code, paragraph 42; III Code, paragraph 43).\nRoot cause\n409 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for taking adequate steps necessary for periodic evaluation, as well as for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.3 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCircular Letter No.3879\nAnnex, page 80\nI:\\C_L\\CL.3879.docx\nCorrective action\n410 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken for conducting a periodic evaluation of its performance;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and a system for the review of performance will be established.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n411 Although the term "to the satisfaction of the Administration" had been addressed in the recently enacted regulations, the regulations were not promulgated and implemented (III Code, paragraph 16.5).\nRoot cause\n412 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for development and promulgation of national legislation implementing all the mandatory IMO instruments; and\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas.\nCorrective action\n413 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which will record, document and provide reports on steps taken\nCircular Letter No.3879\nAnnex, page 81\nI:\\C_L\\CL.3879.docx\nfor promulgating and implementing national regulations, including those relating to the term "to the satisfaction of the Administration"; as well as on actions taken to ensure that related interpretations/guidance are developed and implemented for each such term in the relevant mandatory IMO instruments;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and oversight and control of the implementation of the guidance related to those areas left "to the satisfaction of the Administration" in the mandatory IMO instruments will be put in place.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n414 The Administration had not taken all necessary measures to ensure that conflict of interest did not occur in the flag State inspections. Furthermore, the Administration did not have sufficient resources to undertake periodic inspections of ships entitled to fly its flag (III Code, paragraph 22.2).\nRoot cause\n415 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n416 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\nCircular Letter No.3879\nAnnex, page 82\nI:\\C_L\\CL.3879.docx\n.1 a documented procedure will be developed and a central electronic system will be set up, incorporating a module which will record, document and provide reports on measures taken for providing sufficient resources and ensuring that conflict of interest does not occur in conducting flag State inspections;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and oversight and control of the flag State inspections will be established.\nThis corrective action will be completed by 31 July 2020.\n', "FD\n417 Although the State had some newly enacted regulations, they had not been promulgated nor implemented. The existing legislation did not have adequate penalty provisions to discourage violations of international rules and standards by ships entitled to fly the flag of the State. Furthermore, following a casualty investigation, the Administration was unable to institute proceedings against ship's officers who failed to exercise safe navigation practice (III Code, paragraph 22.5; III Code, paragraph 22.8).\nRoot cause\n418 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for development and promulgation of all the mandatory IMO instruments; and\n.3 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n419 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, incorporating a module which will record, document and provide reports on adequate steps taken in enacting, promulgating and implementing national legislation, including stipulating adequate sanctions and instituting proceedings in cases of violations of national legislation;\nCircular Letter No.3879\nAnnex, page 83\nI:\\C_L\\CL.3879.docx\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity building in expertise and funding for the governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and oversight and control of the application of the penal provisions will be established.\nThis corrective action will be completed by 31 July 2020.\n", 'FD\n420 In some cases, statutory certificates had been issued by classification societies on behalf of the Administration outside the framework of the formal agreement required by the RO Code (SOLAS 1974, regulation I/6; MARPOL, Annex I, regulation 6; LL 1966, annex 1, regulation 2; RO Code, part 1, section 4.2; RO Code, part 2, section 8; III Code, paragraph 18).\nRoot cause\n421 The Administration did not incorporate into its regulations procedure the inclusion of the mandatory provisions of the RO Code, in particular the designation and monitoring of ROs. No RO monitoring programme had been established and the Administration had not identified, in its organization a strict process and division of competencies to implement and monitor the implementation of the ROs requirements. Given the composition of its fleet (mainly not concerned by this regulatory aspect), the Administration concentrated its work on inland and regional navigation.\nCorrective action\n422 The Administration will implement the following measures:\n.1 in-depth study of the RO Code to meet all the obligations incurred. The Administration will authorize ROs to issue certificates in accordance with the international conventions and will strengthen supervision of these bodies through a monitoring programme;\n.2 develop a monitoring programme and procedure identifying individuals in charge of this responsibility with regard to their training and their experience. The legal and technical aspects will have to be associated;\n.3 written contractual agreements between the maritime administration and each of the ROs will be established in accordance with the RO Code and describe the extent and the limits of the delegations granted; and\n.4 a synergy and a mutual collaboration of monitoring could be sought with other States by conducting a joint oversight programme.\nCircular Letter No.3879\nAnnex, page 84\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 31 January 2019.\n', 'FD\n423 The Administration did not implement policies for the promulgation of national legislation and guidance which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is Party (III Code, paragraph 15).\nRoot cause\n424 There was no dedicated unit responsible for the formulation of policies related to promulgation of national guidance, which would assist in the implementation and enforcement of the maritime safety and pollution prevention conventions and protocols to which the State is Party.\nCorrective action\n425 The Administration will be restructured in order to designate a dedicated unit, which will be charged with responsibility for formulating policies, procedures and criteria to be followed in the promulgation of national guidance according to the applicable IMO instruments and their amendments. Furthermore, the aforementioned unit will coordinate their activities with the Ministry responsible for transport in the common areas related to the implementation and enforcement of the requirements stemming from the applicable IMO instruments. This corrective action will be completed by 2 October 2018.\n', 'FD\n426 The Administration had not established resources and processes capable of administering a safety and environmental protection programme, which includes the necessary administrative instructions and interpretative national regulations to address type approval and those requirements that are left "to the satisfaction of the Administration" in the relevant mandatory IMO instruments to which the State is Party (III Code, paragraph 16).\nRoot cause\n427 There was a lack of awareness of the need for the implementation of a maritime safety and environmental protection programme.\nCorrective action\n428 The Administration will implement the following corrective actions:\n.1 a maritime safety and environmental protection programme will be developed, including the criteria to be followed for drafting of administrative instructions and national regulations aiming at effectively implementing the applicable IMO instruments and their respective amendments. This programme will include the policies to be followed in determining the materials and equipment that should be "type approved" by the Administration, equivalents and alternative arrangements, as well as the interpretations that are left "to the satisfaction of the Administration" in the applicable IMO instruments; and\nCircular Letter No.3879\nAnnex, page 85\nI:\\C_L\\CL.3879.docx\n.2 resources will be made available to establish an independent audit programme and to review the procedures regarding casualty investigations.\nThis corrective action will be completed by 2 October 2020.\n', 'FD\n429 The Administration issued safe manning certificates to ships flying the flag of the State in accordance with its existing and outdated national provisions, which did not take into account the principles of safe manning adopted by the Organization (resolution A.1047 (27)) (III Code, paragraph 17).\nRoot cause\n430 There was an absence of a monitoring system of the amendments to the applicable IMO instruments.\nCorrective action\n431 The Administration will elaborate and publish updated resolutions for the implementation of the amendments concerning minimum safety manning and the application of these principles to the ships flying the flag of the State and related Minimum Safe Manning certificates. This corrective action will be completed by 31 July 2018.\n', 'FD\n432 The Administration had not implemented a documented system establishing the qualification requirements of its flag State surveyors and the continuous updating of their knowledge in regard to the task they were authorized to undertake (III Code, paragraph 35).\nRoot cause\n433 There were insufficient human and financial resources, which hampered the development of a documented system for the qualification of flag surveyors and the continuous updating of their knowledge.\nCorrective action\n434 The Administration will allocate resources for the preparation and development of a permanent training programme that will include regular updates for the existing flag State surveyors and provisions dealing with the training needs of new surveyors. This training programme will be in line with IMO model courses and will include training for port State control officers (PSCOs) and marine investigators. Furthermore, coordination will be established with a regional cooperation agreement to which the State is a member in order to include flag State surveyors in regional trainings. This corrective action will be completed by 30 November 2018.\n', 'FD\n435 Existing national laws and regulations prescribing penalties were not of adequate severity to discourage violation of international rules and standards by ships entitled to fly the flag of the State (III Code, paragraph 22.5).\nCircular Letter No.3879\nAnnex, page 86\nI:\\C_L\\CL.3879.docx\nRoot cause\n436 Certain national laws were outdated.\nCorrective action\n437 In the context of the elaboration of the new overall strategy, through which the interrelation of all State entities who share the responsibilities under the applicable IMO instruments, the current Law on transportation and aquatic spaces will be amended and new legislation will be drafted and submitted to the National Assembly for approval. The new legislation and the amendments to the current law will include provisions to enforce violations of law related to safety and environmental protection, proposing appropriate penal sanctions and fines, in order to deter violations of national and international regulations. This corrective action will be completed by 2 October 2018.\n', 'FD\n438 Investigations of marine casualties were conducted without following the guidelines of the Casualty Investigation Code, especially regarding: the obligation for investigation of all serious marine casualties, the independence and impartiality of investigators, reporting to IMO and release of reports to the public (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n439 There was no dedicated unit in charge of conducting marine casualty investigations following the provisions of the Casualty Investigation Code, owing to the lack of human and financial resources.\nCorrective action\n440 The Administration will implement the following corrective actions:\n.1 the current legal basis for conducting maritime casualties will be amended and the Casualty Investigation Code will be enacted. In addition, the existing procedures on marine casualty investigation will be adjusted according to the aforementioned Code. Following the restructuring of the Administration, specific and exclusive personnel will be assigned to conduct marine casualty investigations in order to ensure the required objectivity and impartiality in the process and to fulfil requirements related to communication of information to IMO. The absence of organizational interference into the investigations process will also be ensured; and\n.2 a web site will be developed in order to make relevant information and documents, including national legislation and marine casualty reports, available to the maritime sector.\nThis corrective action will be completed by 31 August 2018.\n', 'FD\nCircular Letter No.3879\nAnnex, page 87\nI:\\C_L\\CL.3879.docx\n441 The Administration had not implemented a control and monitoring programme in order to provide for the collection of statistical data on its fleet so that trend analyses could be conducted to identify problem areas (III Code, paragraph 23.2).\nRoot cause\n442 There was no mechanism in place owing to a lack of knowledge in the matter.\nCorrective action\n443 A monitoring and evaluation methodology will be developed to include the collection of statistical data on the fleet, for analysis purposes, in order to identify problem areas and ensure that they are addressed. The methodology will include establishing key performance indicators to be used in the context of evaluation of performance under the new overall strategy. This corrective action will be completed by 2 October 2019.\n', 'FD\n444 There was no system in place for the Administration to periodically evaluate its performance in respect of administrative processes, procedures and resources necessary to meet its obligation and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragraph 42; III Code, paragraph 43).\nRoot cause\n445 There was no management system in place to measure the performance of the State in its role as a flag State.\nCorrective action\n446 Coordination will be established between the government entities sharing flag State responsibilities to develop a mechanism containing clear lines of authority, assigned responsibilities, as well as defined objectives and key performance indicators for all involved entities to evaluate and measure their performance within their respective management systems. This mechanism will be a part of the overall evaluation of performance under the new strategy. This corrective action will be completed by 2 October 2019.\n', "FD\n447 The Administration had not provided for measures to ensure that the ship's complement, as a whole, could effectively coordinate activities in an emergency situation and in the performance of functions vital to safety or to the prevention or mitigation of pollution (III Code, paragraph 22.4).\nRoot cause\n448 There was no coordination mechanism in place owing to the lack of knowledge in the matter.\nCorrective action\n449 The Administration will issue a resolution, supported by appropriate instructions, to clearly establish the mandatory drills related to emergency situations that are required on board, including their frequencies, as well as a method of monitoring of compliance with the\nCircular Letter No.3879\nAnnex, page 88\nI:\\C_L\\CL.3879.docx\nnew regulation, in accordance with SOLAS 1974, MARPOL, and available guidelines on the matter. A responsible implementation unit within the Administration will be appointed to carry out this task and instructions for monitoring of compliance will be provided to ISM auditors. This corrective action will be completed by 2 October 2018.\n", 'FD\n450 The Administration was not effectively discharging its responsibilities and obligations to implement policies through national legislation and guidance, including guidance and interpretations of those areas left "to the satisfaction of the Administration" in the mandatory IMO instruments. In addition, safety and environmental protection programme was not established to ensure effective implementation and enforcement of the requirements of the mandatory IMO instruments to which the State is a Party (III Code, paragraph 15.1; III Code, paragraph 16.1; III Code, paragraph 16.5).\nRoot cause\n451 The lack of full understanding of the term "to the satisfaction of the Administration" and lack of maritime expertise.\nCorrective action\n452 The Administration will develop and implement documented technical and administrative procedures and guidelines, taking into account existing principles and policies, in order to enhance the implementation and enforcement of mandatory IMO instruments and to establish a safety and environmental protection programme. The Administration will also document policies and prepare necessary interpretations in order to address the clauses left "to the satisfaction of the Administration" in the mandatory IMO instruments. Surveyors and ROs will be provided with relevant interpretations. This corrective action will be completed by 31 December 2019.\n', 'FD\n453 There was no evidence that the Administration had assessed that ROs had adequate resources in terms of technical, managerial and research capabilities before authorizing them to act on its behalf and not all formal written agreement were in line with the RO Code. There was also no evidence that the Administration established or participated in an oversight programme of its ROs (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragraph 18.1; III Code, paragraph 18.2; III Code, paragraph 20).\nRoot cause\n454 The existing documented procedures were not fully in line with the RO Code.\nCorrective action\n455 The Administration will establish or participate in an oversight programme with adequate resources, including qualified personnel, for monitoring ROs activities in accordance with the requirements of the RO Code. The Administration will review the procedure for delegation of authority and monitoring of ROs and will sign updated agreements with ROs in accordance with the RO Code. This corrective action will be completed by 30 June 2018.\nCircular Letter No.3879\nAnnex, page 89\nI:\\C_L\\CL.3879.docx\n', 'FD\n456 There was no evidence that the Administration developed and implemented a control and monitoring programme in order to provide for the collection of statistical data, so that trend analysis can be conducted to identify problem areas (III Code, paragraph 23.2).\nRoot cause\n457 The absence of ship data system and absence of documented procedures.\nCorrective action\n458 The Administration will develop and implement a ship data system and documented procedures on the collection and analysis of statistical data within its existing QMS. Collection of statistical data and their analysis will be put in place as a basis for identification of problem areas. This corrective action will be completed by 31 December 2018.\n', 'FD\n459 The Administration had not implemented a documented system for the programme of continuous updating of knowledge of its flag State surveyors (III Code, paragraph 35).\nRoot cause\n460 The lack of a documented procedure for a continuous updating programme for flag State surveyors.\nCorrective action\n461 The Administration will establish and implement a documented procedure within the existing QMS for qualification of flag State surveyors and continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake. This corrective action will be completed by 30 June 2018.\n', 'FD\n462 The Administration did not develop and implement any interpretations or guidelines with regard to those requirements left "to the satisfaction of the Administration" in the mandatory IMO instruments (MARPOL, Annex I, regulation 14.3; SOLAS 1974, regulation II-1/43.1.3; III Code, paragraph 16.5).\nRoot cause\n463 The Administration did not consider the necessity of having official procedures within its regulations to deal with provisions that the conventions had left "to the satisfaction of the Administration".\nCorrective action\n464 The Administration will define and approve criteria and/or interpretations concerning requirements in the relevant international instruments that are left to the satisfaction of the Administration through a new implementing regulation. A review of all areas left to the satisfaction of the Administration in the mandatory IMO instruments will be organized and related decisions on the criteria, interpretations and mechanism for addressing each provision\nCircular Letter No.3879\nAnnex, page 90\nI:\\C_L\\CL.3879.docx\nwill be made and documented. Those areas which include specific technical knowledge will be addressed in cooperation/consultation with ROs. This corrective action will be completed by 31 December 2018.\n', 'FD\n465 The Administration did not implement policies through issuing national legislation and guidance, which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which it is Party. In addition, division of responsibilities of government entities participating in the implementation and enforcement of applicable mandatory IMO instruments was not defined and documented (III Code, paragraph 15).\nRoot cause\n466 The Administration was not aware of the need to establish effective implementation processes for IMO instruments.\nCorrective action\n467 The Administration will develop policies for the promulgation of national legislation as well as necessary procedures for the issuance of administrative instructions for the purpose of assisting in the implementation and enforcement of the mandatory IMO instruments to which the State is Party. This will assist in fulfilling the requirements of all relevant IMO conventions and protocols on safety and pollution prevention ratified by the State. The formulation of the policies will be linked with the implementation of the new institutional plan, which will establish the administrative and technical structure of the Administration and set policies to fulfil the requirements derived from the mandatory IMO instruments to which the State is Party, and their amendments. This corrective action will be completed by 31 December 2018.\n', 'FD\n468 The Administration did not establish resources and processes capable of administering a safety and environmental protection programme, which includes the necessary administrative instructions, any interpretative national regulations, in order to implement the amendments to the international instruments to which the State is a Party. These include type approval criteria and those requirements that are left "to the satisfaction of the Administration" in relevant mandatory IMO instruments (III Code, paragraph 16.1; III Code, paragraph 16.2; III Code, paragraph 16.5).\nRoot cause\n469 There was a lack of a dedicated unit and insufficient personnel within the Administration to implement the requirements of the mandatory IMO instruments.\nCorrective action\n470 The Administration will implement the following corrective actions:\n.1 identify cases where administrative instructions had not been issued, including those requirements that are left to the satisfaction of the Administration, as well as requirements for type approvals and approval of\nCircular Letter No.3879\nAnnex, page 91\nI:\\C_L\\CL.3879.docx\nequivalents and alternative arrangements, and will act accordingly by issuing the necessary legal provisions;\n.2 establish a mechanism for the effective implementation of instructions when needed, and their continual development; and\n.3 develop and implement technical regulations for the approval of ship construction, including procedures and technical records. These standards will be published through national regulations for the maritime sector. In addition, a cost analysis for further revision of the Administration\'s yearly budget will be carried out.\nThis corrective action will be completed by 30 December 2018.\n', "FD\n471 The Administration did not regulate the process of authorization of the nominated surveyors, taking into account applicable requirements in use for the delegation of authority to ROs. In addition, a monitoring programme for the activities of the nominated surveyors was not in place and the Administration did not provide them with specific instructions in the case that a ship is not fit to proceed to sea, nor with the updated national legislation and interpretations thereof giving effect to the provisions of the mandatory IMO instruments (III Code, paragraph 21).\nRoot cause\n472 There was a lack of technical personnel to manage the nominated surveyor's issues.\nCorrective action\n473 The Administration will implement the following corrective actions:\n.1 develop a regulatory framework to determine the scope of the surveys and audits which can be delegated to nominated surveyors, as well as a detailed instruction/guideline on the standard of surveys and audits. Furthermore, a procedure will also be developed, including criteria for selection, designation and monitoring of activities of the nominated surveyors/auditors acting on behalf of the Administration;\n.2 develop specific instructions, in the event that a ship is unfit to proceed to sea; and\n.3 consider the delegation of authority to ROs and developing a regulatory framework in accordance with the criteria set out in the RO Code and based on a written agreement. Furthermore, an oversight programme will be considered to be implemented by the Administration to monitor the activities of the ROs, by conducting supplementary surveys using surveyors and auditors of the Administration. Communication between the Administration and the ROs will be addressed, including providing the ROs with all the appropriate instruments of national law and interpretations thereof giving full effect to the provisions of the conventions to which the State is Party.\nThis corrective action will be completed by 30 December 2018.\nCircular Letter No.3879\nAnnex, page 92\nI:\\C_L\\CL.3879.docx\n", 'FD\n474 The Administration had issued statements of compliance with certain mandatory IMO instruments to which the State is not a party, without determining that a ship meets all applicable requirements (III Code, paragraph 26).\nRoot cause\n475 There was a lack of national legislation and national policies regarding accession to certain mandatory IMO instruments and their implementation.\nCorrective action\n476 The Administration will implement the following corrective actions:\n.1 identify, evaluate and prioritize those IMO international instruments which are pending ratification/accession by the State, as well as develop a plan of actions for determining the status of ratifications/accessions already initiated and the schedule for starting the process of new ratifications/accessions jointly with the respective national authorities; and\n.2 develop a national legislation/regulations for the effective implementation of those IMO instruments to which the State is not yet a Party, but for which the process of ratification/accession has started, aiming at issuing documents of compliance to ships flying the flag of the State and avoiding the issuance of international certificates under an IMO instrument to which the State is not a Party.\nThis corrective action will be completed by 30 November 2020.\n', 'FD\n477 Following a specific arrangement the Administration had with its nominated surveyors, it did not implement a documented system for qualification of the nominated surveyors, which includes knowledge of all ship types and their operations and continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake (III Code, paragraph 35).\nRoot cause\n478 There was a lack of technical personnel within the Administration to develop a documented system for qualification of flag State surveyors and auditors for the updating of their knowledge.\nCorrective action\n479 The Administration will implement the following corrective actions:\n.1 develop a documented system for the qualification of surveyors/auditors and for the continuous updating of the knowledge of the existing and newly nominated surveyors/auditors, including both external surveyors engaged on contract with the Administration and those employed by the Administration.\n.2 adapt the naval surveys specialization training programme, delivered at the maritime university, to include the requirements of the III Code and the\nCircular Letter No.3879\nAnnex, page 93\nI:\\C_L\\CL.3879.docx\nmandatory IMO instruments. Flag State surveyors will be included in the programme in order to continuously update their knowledge of ships and their operations.\nThis corrective action will be completed by 31 May 2018.\n', "FD\n480 Whereas the Administration's strategic plan identified its weaknesses and strengths, there was no formal system for periodic review and assessment of flag State activities and the required resources to fulfil its obligations (III Code, paragraph 43; III Code, paragraph 42; III Code, paragraph 44).\nRoot cause\n481 There was an absence of specific documented procedures and no financial resources to maintain a management system in order to evaluate the performance as a flag State.\nCorrective action\n482 The Administration will develop and implement a legal framework to institutionalize a documented system of evaluation and periodic review of its performance; by identifying evaluation and performance measures and activity indicators in accordance with IMO instruments to which the State is a Party. In so far as, evaluating casualty statistical data to determine trends, the number of ships flying the flag of the State detained by a PSC of another State, the number of proven cases of incompetence or errors committed by persons possessing titles or endorsements issued under the authority of the Administration, occupational accidents on-board and the number of infractions related to the applicable international rules regarding the prevention of marine pollution. In addition, a study on the resources required to carry out the task will be performed. This corrective action will be completed by 30 December 2018.\n", "FD\n483 Investigations of marine casualties did not comply with the Casualty Investigation Code, in particular regarding: the impartiality of investigators, reporting to IMO and release of reports to the public (SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n484 There was insufficient personnel within the Administration to carry out the casualty investigations and lack of awareness of the need for specific training programmes to be made available to the investigators.\nCorrective action\n485 The following corrective actions will be implemented:\n.1 the Administration will, in conjunction with the responsible Ministry, develop national regulations in accordance with the Casualty Investigation Code and will include the establishment of a permanent board of maritime accidents in order to ensure the impartiality of the investigators with respect to the\nCircular Letter No.3879\nAnnex, page 94\nI:\\C_L\\CL.3879.docx\ncertifying body. In addition, mechanisms for the communication of the final report to IMO and to the public sector will be established;\n.2 a mechanism will be developed to appoint an independent group of specialists throughout the national territory, reporting to the responsible Ministry, who will have clearly defined responsibilities and tasks and an autonomous budget upon which to carry out the investigations according to the Casualty Investigation Code; and\n.3 a documented programme for the training and updating of marine investigators through the State's nautical training institute, which will include the requirements of the III Code, the Casualty Investigation Code and the relevant IMO model courses.\nThis corrective action will be completed by 30 March 2019.\nObservations (OB)\n486 It could not be established that the flag surveyors had appropriate practical and theoretical knowledge of ships, their operation and the provisions of the relevant national and international instruments necessary to perform their duties (III Code, paragraph 32).\nRoot cause\n487 There was a lack of human resources to update and formally document a training programme for flag State surveyors.\nCorrective action\n488 The Administration will take actions to ensure that the flag State surveyors are better prepared for their tasks, through an adequate and updated training programme covering topics on theoretical knowledge of ships, their operation and provisions of the relevant national and international instruments. This corrective action will be completed by 30 March 2020.\n", "OB\n489 There was no objective evidence to demonstrate that the personnel responsible for performing surveys, inspections and audits were appropriately qualified or accredited through a formalized training programme. There was no evidence of a documented training programme to enable flag State surveyors to perform their duties (III Code, paragraph 29; III Code, paragraph 32).\nRoot cause\n490 The lack of understanding of the requirements of the III Code with regard to flag State surveyors' qualification and training, as well as non-attractive salaries of flag State surveyors have contributed to this finding.\nCorrective action\n491 The Administration will ensure that qualifications of newly recruited flag State surveyors comply with the recommendations of the III Code and advance training will be organized for the existing flag State surveyors. A documented training programme for all surveyors will be developed and implemented including the participation of the surveyors as\nCircular Letter No.3879\nAnnex, page 95\nI:\\C_L\\CL.3879.docx\nobservers during surveys performed by ROs on board ships flying the flag of the State. This corrective action will be completed by 30 January 2019.\n", 'OB\n492 In order to assist individual investigators in performing duties outside their normal assignments, the Administration had not maintained a list of experts in specific areas (III Code, paragraph 39).\nRoot cause\n493 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with flag State management and control of the domestic fleet;\n.3 there was a lack of competent personnel, inadequacy of legislation and insufficient financing for the control and oversight by the Administration of the Ship Registry operated overseas; and\n.4 there was an apparent lack of implementing IMO requirements and a correspondingly non-compliant operation of the Ship Registry.\nCorrective action\n494 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the Administration will implement the following corrective actions:\n.1 a documented procedure will be developed and a central electronic system will be set up, which can record, document and provide reports on steps taken for maintaining a list of experts in specific areas, in order to assist individual investigators in performing duties outside their normal assignments;\n.2 human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review;\n.3 the Maritime Act, 2017, has been adopted and will be amended again to empower the Administration to assert adequate direction, control and oversight over the Ship Registry. The required capacity-building in expertise and funding for the appropriate governance and control of the operation of the Ship Registry will be requested; and\n.4 in the interim, a comprehensive review and revision of the Agreement between the Government and the Ship Registry will be conducted and oversight and control of the casualty investigation activities will be put in place.\nCircular Letter No.3879\nAnnex, page 96\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 31 July 2020.\n', 'OB\n495 Despite the fact that the Administration had at its disposal impartial, objective and duly qualified investigators with good knowledge of aspects relating to maritime casualties, access to experts in specific areas had yet to be formalized (III Code, paragraph 39).\nRoot cause\n496 The maritime administration had lack of knowledge of the provisions of the III and of the Casualty Investigation codes.\nCorrective action\n497 The maritime administration will establish and maintain a list of specialized experts on the main causes of maritime accidents and develop a documented procedure allowing quick access to this area of expertise. This corrective action will be completed by 30 October 2018.\n', 'OB\n498 The Administration does not guarantee that the flag inspectors acting as investigators of marine casualties and pollution events have the appropriate experience and knowledge, both practical and theoretical, obtained through documented training programs on ships and their operations, as well as on the provisions of the relevant national and international instruments, necessary to perform their duties in the required areas (III Code, paragraph 32).\nRoot cause\n499 There was a lack of experience and resources for establishing training programmes for flag inspectors serving as investigators of marine casualties.\nCorrective action\n500 Allocation of resources will be considered for the preparation and development of a permanent training programme for investigators of maritime casualties and pollution incidents. A responsible unit within the Administration will be assigned to carry out this task. The programme will include the following areas necessary to perform their duties:\n.1 updates in terms of amendments to the applicable IMO instruments;\n.2 provisions of the relevant national legislation and guidelines;\n.3 ships and their operations; and\n.4 relevant provisions of the Casualty Investigation Code, IMO model courses and other relevant IMO documents.\nThis corrective action will be completed by 30 December 2018.\n', "OB\n501 No evidence was found that occupational accidents involving personal injury necessitating absence from duty of three days or more were investigated (III Code, paragraph 40).\nCircular Letter No.3879\nAnnex, page 97\nI:\\C_L\\CL.3879.docx\nRoot cause\n502 There was a lack of awareness of the need to establish related policies.\nCorrective action\n503 Provisions for investigating occupational accidents, including related criteria and procedures, will be defined and included in amendments to the Law on transportation and aquatic spaces and related regulations and procedures. This corrective action will be completed by 2 October 2020.\nCOASTAL STATE ACTIVITIES\nFindings (FD)\n504 Although the SAR assets were available and sufficient, there was a lack of national coordination and a lack of adequate national legislation. In addition, the State failed to make available all appropriate shore based facilities for radiocommunication services for transmitting navigational warnings, danger messages, meteorological and other urgent messages relating to safety of navigation, and for receiving maritime emergency radiocommunications (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n505 The absence of national legislation and technical infrastructure due to insufficient coordination among involved authorities.\nCorrective action\n506 The maritime administration will:\n.1 develop and implement guidelines, under its national legislation, on the operation and organization of SAR;\n.2 approve the SAR Plan by the National Disaster Committee and establish a new National Search and Rescue Committee comprising relevant agencies, who will coordinate the establishment of a national Maritime Rescue and Coordination Centre (MRCC), dully equipped and manned with qualified and trained personnel;\n.3 ensure that passenger ships engaged in the State's territorial waters possess an approved SAR plan complying with SOLAS 1974 requirements; and\n.4 establish shore based facilities for radiocommunication services and communicate related information to IMO.\nThis corrective action will be completed by 31 August 2020.\nCircular Letter No.3879\nAnnex, page 98\nI:\\C_L\\CL.3879.docx\n", 'FD\n507 There were no measures in place to ensure compliance with international requirements on the operation of aids to navigation (AtoN) and maritime buoyage (III Code, paragraph 49).\nRoot cause\n508 There was a lack of regulations/procedures and also resources to comply with the international requirements in these matters.\nCorrective action\n509 The responsible entity of the maritime administration will prepare procedures and national legislation related to the establishment and maintenance of AtoN and will create a department responsible for the safety aspects of navigation where specific staff will be appointed. The necessary budget to support/sustain/maintain the AtoN and buoyage will be obtained from the maritime safety tax that will be approved and implemented. Furthermore, a mechanism will be created to evaluate the performance of the service and also the Government is committed to become a member of the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) in the near future. This corrective action will be completed by 31 December 2019.\n', 'FD\n510 It was established that no performance evaluation mechanism was in place to periodically evaluate and review the coastal State obligations under applicable IMO instruments (III Code, paragraph 51).\nRoot cause\n511 There was a lack of resources, which contributed to this finding.\nCorrective action\n512 The overall maritime strategy will be developed and procedures will be included for periodical review and evaluation of responsibilities in the area of coastal State activities, based on clear objectives, key performance indicators defined to evaluate the effectiveness in the implementation and enforcement of the applicable IMO instruments and recommendations in order to identify and implement actions for continual improvement. The result of the periodic review will be reported yearly to the responsible Ministries in order to evaluate the performance in the area of coastal State activities regarding compliance with IMO instruments to which the State is Party. This corrective action will be completed by 30 March 2020.\n', 'FD\n513 The maritime administration had not implemented policies, through issuing national legislation and guidance to facilitate implementation of coastal State obligations, and had not assigned the associated responsibilities to entities in relation to the applicable conventions and protocols to which the State is Party. Furthermore, no governmental entity had been designated to administer shore-based facilities for space and terrestrial radiocommunication services and communication of danger messages (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation V/31.2; III Code, paragraph 46).\nCircular Letter No.3879\nAnnex, page 99\nI:\\C_L\\CL.3879.docx\nRoot cause\n514 The absence of a legal basis, policies and guidance that would facilitate the implementation and enforcement of coastal State obligations and responsibilities contained in the applicable conventions and protocols to which the State is Party, have contributed significantly to this finding.\nCorrective action\n515 National law and a policy on maritime transport will be developed and implemented, including all relevant coastal State obligations and cooperation mechanism among relevant institutions. This corrective action will be completed by 30 June 2021.\n', 'FD\n516 The maritime administration had not ensured that:\n.1 appropriate legislation, guidance and procedures were developed and put in place for coordination of SAR operations;\n.2 necessary arrangements were made for receiving distress alerts and responding to such alerts in the maritime area under the jurisdiction of the State, including the use of life-saving signals during SAR operations; and\n.3 a plan for cooperation between ships, companies and SAR services was developed\n(SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; SOLAS 1974, regulation V/8; III Code, paragraph 47).\nRoot cause\n517 Lack of legal basis and guidance for all entities responsible for SAR operations and a lack of awareness of the relevant convention requirements.\nCorrective action\n518 The maritime administration will implement the following actions:\n.1 national law and policy on maritime transport will be developed and implemented, including the coordination of SAR operations and necessary arrangements, as well as the cooperation mechanism among relevant institutions;\n.2 a maritime SAR Committee will be established with participation of representatives from national entities involved in SAR operations; and\n.3 the Committee will, among others, be responsible to provide IMO with the required information on SAR facilities, to ensure that all involved personnel in SAR operations are qualified, trained and assessed through drills and exercises whereby life-saving signals will be used, and to ensure that passenger ships engaged in the waters under the jurisdiction of the State are in the possession of an approved SAR plan, in compliance with international requirements.\nCircular Letter No.3879\nAnnex, page 100\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 30 June 2021.\n', "FD\n519 The maritime administration had not taken the necessary measures to ensure availability and maintenance of AtoN. Furthermore, the hydrographic services had not collected and compiled full hydrographic data in order to prepare and produce nautical charts, tide tables, list of lights and to disseminate all nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; SOLAS 1974, regulation V/13; III Code, paragraph 49).\nRoot cause\n520 The following factors contributed to this finding:\n.1 inadequacy of legal and regulatory framework and insufficient awareness of the responsibility of the State;\n.2 a lack of procedures or mechanism in place for managing and monitoring the availability of aids to navigation, including an evaluation mechanism;\n.3 changes in AtoN that occurred in the ports and along the coast of the State's territorial waters were not systematically managed and monitored; and\n.4 the lack of funding and technical expertise resulted in ineffective implementation of the State's hydrographic services.\nCorrective action\n521 The maritime administration will implement the following actions:\n.1 develop and implement legal provisions on AtoN and hydrographic services for the safety of navigation;\n.2 national legislation and guidelines for the management of AtoN and hydrographic services will be developed and implemented; and\n.3 human and material resources required to fulfil these obligations will be provided by the maritime administration and documented procedures for the maintenance and upkeep of all AtoN, as well as collection of hydrographic data for production and dissemination of admiralty navigational charts will be developed and implemented in accordance with the applicable international standards.\nThis corrective action will be completed by 30 June 2021.\n", 'FD\n522 The maritime administration did not develop and implement an appropriate control and monitoring programme containing the collection and analysis of statistical data, the establishment of mechanisms for timely response to pollution incidents, particularly at port enclosures, and provisions for cooperation with flag States and/or port States in marine casualty investigations (III Code, paragraph 50).\nCircular Letter No.3879\nAnnex, page 101\nI:\\C_L\\CL.3879.docx\nRoot cause\n523 Inadequacy of legal and regulatory framework in the collection and analysis of statistical data, absence of mechanisms for timely response to pollution incidents and insufficient personnel at the maritime administration to undertake such responsibilities greatly contributed to this finding.\nCorrective action\n524 The maritime administration will develop and implement legal and regulatory framework for the collection and analysis of statistical data. Furthermore, mechanisms for timely response to pollution incidents, particularly at port enclosures, and provisions for cooperation with flag States and/or port States in marine casualty investigations will be established and technical assistance will be requested from IMO for training of personnel at the maritime administration to undertake such responsibilities. This corrective action will be completed by 30 June 2021.\n', 'FD\n525 The maritime administration had not implemented policies through issuing national legislation and guidance to implement coastal State obligations and assign responsibilities to various entities under the applicable IMO conventions and protocols to which the State is Party. Furthermore, appropriate shore-based facilities for space and terrestrial radiocommunication services were not provided (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation V/31.2; SOLAS 1974, regulation VII/6.1; SOLAS 1974, regulation VII/7-4.1; III Code, paragraph 46).\nRoot cause\n526 Absence of a legal basis due to the lack of transposition into national legislation of the mandatory IMO instruments to which the State is Party and the allocation and definition of responsibilities and tasks among the different entities of the State involved in coastal State activities significantly contributed to this finding.\nCorrective action\n527 The maritime administration will implement the following measures:\n.1 develop and implement a comprehensive policy on coastal State activities, which will serve as the basis for the development and promotion of legislation, guidelines and procedures, that will facilitate the implementation and enforcement of the requirements of the applicable conventions and protocols to which the State is Party, More specifically, national legislation on the collection and dissemination of nautical information and meteorological reports will be developed;\n.2 a continuous and permanent radiocommunication service for the dissemination of danger messages, navigational and meteorological information in accordance with the international standards established for this purpose, will be implemented; and\n.3 division of tasks and responsibilities will be determined among all entities of the State responsible for coastal State activities.\nThis corrective action will be completed by 20 December 2020.\nCircular Letter No.3879\nAnnex, page 102\nI:\\C_L\\CL.3879.docx\n', 'FD\n528 The maritime administration did not ensure that sufficient guidance and procedures were established and implemented to ensure the coordination of maritime SAR operations (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nRoot cause\n529 There was a lack of legislation and State structure to coordinate actions of the State at sea with regard to its obligations and responsibilities for SAR activities.\nCorrective action\n530 The following measures will be implemented:\n.1 the State will institutionalize a permanent Secretariat for the High Council of Maritime, River and Inland Navigation, attached to the highest hierarchical level of the State, with its main mission in coordinating actions of the State at sea, river and inland waters and in ensuring compliance with its obligations for the coordination of SAR operations, including communication to IMO of the required SAR information;\n.2 legislation and documented procedures necessary to ensure the availability of SAR services will be developed and implemented, and necessary human and material resources will be provided to ensure coverage of the area under the jurisdiction of the State; and\n.3 the Ministry, will develop and implement, in collaboration with the concerned governmental entities, the National Search and Rescue Plan (National SAR Plan).\nThis corrective action will be completed by 16 June 2020.\n', 'FD\n531 No measure had been taken by the maritime administration to guarantee the identification, availability and upkeep of AtoN. Further, the lighthouse service had not collected and compiled hydrographic data with a view to keeping nautical charts up to date and disseminating all nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; SOLAS 1974, regulation V/13; III Code, paragraph 49).\nRoot cause\n532 The State had not transposed into national legislation applicable international regulations on the availability of AtoN and maritime beacon, the collection and compilation of hydrographic data in order to keep nautical charts up to date and to disseminate all nautical information necessary for safety of navigation. There were also no procedures or mechanisms in place, including an assessment mechanism, to manage and monitor the availability of AtoN.\nCorrective action\n533 The following measures will be implemented:\nCircular Letter No.3879\nAnnex, page 103\nI:\\C_L\\CL.3879.docx\n.1 national legislation and directives applicable to the management of AtoN, beacon, the collection and compilation of hydrographic data in order to keep nautical charts up to date and to disseminate all nautical information necessary for the safety of navigation will be developed and implemented by the maritime administration. The maritime administration will provide the necessary human and material resources to meet these requirements, and documented procedures for the maintenance and upkeep of all AtoN and charting will be established and applied in accordance with international standards;\n.2 the hydrographic service will extend the marine cartography to all waters under the jurisdiction of the State and will ensure that the charts conform to the editing and publishing standards of the International Hydrographic Organization (IHO). New charts will include all existing AtoN and the need for new AtoN will be assessed; and\n.3 the maritime administration will determine, develop and implement documented procedures, in accordance with IALA and IHO standards, to ensure the sustainability and availability of AtoN, nautical chart updates and hydrographic data.\nThis corrective action will be completed by 30 December 2021.\n', 'FD\n534 The maritime administration had not developed and implemented a control and monitoring programme, as appropriate, for collecting and analysing statistical data and establishing mechanisms for timely response to pollution incidents, particularly as regards port areas and oil installations (III Code, paragraph 50).\nRoot cause\n535 Absence at the level of the maritime administration of directives and guidelines detailing the organization of pollution control in general, and in particular at port and oil platforms installations, and lack of awareness, communication and sharing of information on the National Emergency Plan by the Ministry of Environment with other stakeholders involved in the marine pollution response tasks\nCorrective action\n536 The following measures will be implemented:\n.1 the maritime administration will develop and implement documented guidelines and procedures detailing the organization of pollution control in general, and in particular at port and oil facilities; update the national contingency plan and strengthen cooperation between the parties that share responsibilities in the implementation of the plan; and\n.2 guidelines and procedures will be developed and implemented to ensure cooperation with flag States and/or port States in marine accident investigations.\nThis corrective action will be completed by 30 December 2019.\nCircular Letter No.3879\nAnnex, page 104\nI:\\C_L\\CL.3879.docx\n', 'FD\n537 No performance evaluation mechanism had been put in place to evaluate periodically and review compliance with coastal State obligations under the applicable IMO instruments (III Code, paragraph 51).\nRoot cause\n538 There was an absence of a culture to periodically evaluate and review performance, a lack of documented procedures and insufficient number of qualified personnel.\nCorrective action\n539 A permanent Secretariat in charge of the High Council for Maritime Affairs will be created to coordinate the actions of the State at sea and will conduct periodic evaluations of the performance of the State in the conduct of the coastal State activities. This corrective action will be completed by 16 June 2020.\n', "FD\n540 The maritime administration had not implemented a strategy through issuing national legislation and guidance to implement the coastal State obligations and assign responsibilities to various entities under the applicable conventions and protocols to which the State is Party. In particular, no government entity responsible for providing appropriate shore-based facilities for space and terrestrial radiocommunication services had been designated (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation V/31.2; SOLAS 1974, regulation VII/6.1; SOLAS 1974, regulation VII/7-4.1; III Code, paragraph 46.1).\nRoot cause\n541 The lack of legal basis by the non-transposition into the national legislation of the mandatory instruments to which the State is Party, the lack of knowledge of the obligations of the relevant IMO instruments incumbent upon the coastal State, including the SOLAS Convention 1974 and the lack of assignment of responsibilities between the government entities responsible for implementing and monitoring of compliance with the mandatory IMO instruments for coastal State activities significantly contributed to this finding\nCorrective action\n542 The relevant State Ministries will:\n.1 define a strategy in accordance with the obligations covering the State activities as a coastal State;\n.2 establish a mechanism to formulate, update and review on a regular basis relevant strategies on national legislation, rules and regulations covering the State's activities as a coastal State;\n.3 identify legislation and guidelines necessary to be promulgated into national legislation in order to assist in the application of the requirements of all conventions and protocols to which the State is Party; covering the activities of the coastal State;\nCircular Letter No.3879\nAnnex, page 105\nI:\\C_L\\CL.3879.docx\n.4 clearly define the roles and responsibilities between State entities responsible for coastal State activities, particularly a formal designation of the government entity in charge of marine radiocommunication services in accordance with chapters IV and V of SOLAS Convention 1974;\n.5 establish a training and familiarization programme on the relevant international instruments, of personnel having responsibilities in the coastal State activities; and\n.6 establish the operation of a coastal radio station for the dissemination of navigational warnings, danger messages, meteorology and other urgent messages relating to the safety of navigation.\nThis corrective action will be completed by 31 December 2019.\n", 'FD\n543 The maritime administration had not ensured that sufficient guidance and procedures had been developed and put in place to guarantee the coordination of maritime SAR operations (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nRoot cause\n544 The following factors contributed to this finding:\n.1 a lack of understanding of the international regulations;\n.2 the lack of coherent national legislative text organizing SAR tasks; and\n.3 the lack of a system for recording and archiving sea events.\nCorrective action\n545 The maritime administration will\n.1 revise SAR related decree, on the creation of a sub-centre for the SAR coordination and the rescue of aircrafts in distress in State territory. This revision will include the creation of the Maritime Rescue Coordination Centre;\n.2 develop a national SAR plan and procedures for the coordination of maritime SAR operations; and\n.3 establish and maintain a report of activities at sea and communicate to IMO relevant information on the existing SAR activities.\nThis corrective action will be completed by 31 December 2021.\n', "FD\n546 The maritime administration had not taken the necessary measures to guarantee the identification, availability and maintenance of aids to navigation. Further, the lighthouse service had not collected and compiled hydrographic data in order to keep nautical charts up to date\nCircular Letter No.3879\nAnnex, page 106\nI:\\C_L\\CL.3879.docx\nand to disseminate all nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; SOLAS 1974, regulation V/13; III Code, paragraph 49).\nRoot cause\n547 The following factors contributed to this finding:\n.1 a lack of guidelines and documented procedures for the management of AtoN;\n.2 a lack of understanding of the State's obligations to set up and maintain an AtoN; and\n.3 malfunction of the lighthouse and AtoN service and lack of qualified personnel.\nCorrective action\n548 The maritime administration will:\n.1 conduct a national census campaign to identify the state of functionality and availability of all equipment in the aids to navigation network, including the port and oil installations;\n.2 establish and implement a plan to maintain and restart the aids to navigation network. This exercise will be instigated through a documented procedure in accordance with international standards;\n.3 establish and implement a documented procedure for the collection and compilation of hydrographic data, including a schedule for bathymetric survey campaigns; and\n.4 develop and implement legislation and guidelines enforcing the maritime safety service to update the nautical charts covering the waters under the jurisdiction of the State. New legislation will be based on information compiled on AtoN and hydrographic data and will include the obligation of dissemination of relevant information to seafarers, in a timely and appropriate manner, including advice on the operation of AtoN.\nThis corrective action will be completed by 31 December 2019.\n", 'FD\n549 The maritime administration had not developed and implemented a control and monitoring programme, as appropriate, covering the collection and analysis of statistical data, the establishment of mechanisms for a timely response to pollution incidents, particularly with regard to port areas and oil installations, or provisions on cooperation with flag States and/or port States in investigations of maritime casualties (III Code, paragraph 50).\nRoot cause\n550 The following factors contributed to this finding:\nCircular Letter No.3879\nAnnex, page 107\nI:\\C_L\\CL.3879.docx\n.1 a lack of division of responsibilities and entitlements between State entities responsible for coastal State activities and lack of communication and coordination between them;\n.2 a lack of cooperation procedures with flag States and/or port States in casualty investigations; and\n.3 absence of evaluation, proposals for improvement and revision of the National Emergency Plan of the State.\nCorrective action\n551 Relevant government entities will:\n.1 revise the State National Emergency Plan, by adding, among others, clauses organizing the response and control in cases of less severe pollution;\n.2 identify and designate entities of the maritime administration responsible for the organization of pollution prevention and response within the port and oil facilities, as well as the entity responsible for managing the materials needed for this control;\n.3 assign responsibility and delegate authority to an entity for recording and keeping records of accident and pollution cases, irrespective of their level of severity, and for the communication of these events to IMO; and\n.4 develop and implement a monitoring programme of all coastal State activities, including the development of procedures for the collection and analysis of statistical data on these activities and the monitoring and follow-up of appropriate exercises on marine pollution, in order to ensure timely response by personnel in cases of disaster.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n552 No performance evaluation mechanism had been put in place to evaluate periodically and review compliance with its coastal State obligations under the applicable IMO instruments (III Code, paragraph 51).\nRoot cause\n553 The following factors contributed to this finding:\n.1 a lack of culture of evaluation or periodic review of performance, lack of documented procedures and absence of coordination between services involved in the coastal State activities; and\n.2 a lack of understanding of procedures for evaluating the performance in terms of implementation of methods, procedures and administrative resources.\nCircular Letter No.3879\nAnnex, page 108\nI:\\C_L\\CL.3879.docx\nCorrective action\n554 The following measures will be undertaken:\n.1 the maritime administration will develop and establish a legal framework to institutionalize a documented system for evaluation and periodic review of its performance by identifying evaluation measures and performance indicators to ensure that its tasks within the framework of activities of the coastal State are effectively carried out; and\n.2 a platform for exchanging information and experience between the relevant State entities will be established to fully meet the State obligations as a coastal State.\nThis corrective action will be completed by 31 December 2019.\n', "FD\n555 The SAR arrangements do not provide adequate means for locating and rescuing persons at sea. In addition, passenger ship SAR co-operation plans for foreign ships calling at the State's ports had not been coordinated, evaluated and exercise carried out with the MRCC (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.3; III Code, paragraph 46.1).\nRoot cause\n556 Due to a lack of financial resources, there was a breakdown of the SAT C and digital selective calling (DSC) VHF/MF/HF equipment, as well as the satellite subscription for BGAN expired.\nCorrective action\n557 The maritime administration will implement the following corrective actions:\n.1 VHF/MF/HF DSC equipment will be purchased, installed and tested to be fully operational;\n.2 three radio officers will be engaged to assist the current officers in operating the SAR unit on a 24/7 hours basis, in order to ensure sufficient rest periods;\n.3 SAR drills (table-top) with the radio equipment involving other relevant Government entities will be planned, carried out, analysed and any identified improvements recorded and implemented on a regular basis. Related procedures will be developed and implemented;\n.4 emergency procedures will be developed and liaison established with the Administration to give prior notice of ships, including passenger ships, arriving in the ports of the State in order to propose and carry out drills with the passenger ships in accordance with SOLAS 1974, regulation V/7.3; and\n.5 a National Maritime Search and Rescue Committee had been constituted to coordinate SAR activities among the relevant Government entities.\nThis corrective action will be completed by 30 December 2017.\nCircular Letter No.3879\nAnnex, page 109\nI:\\C_L\\CL.3879.docx\n", "FD\n558 The Administration did not develop and implemented a control and monitoring programme for the pollution response organization that acts on its behalf. Furthermore, the agreement between the Administration and the pollution response organization was not updated at the moment of the audit (III Code, paragraph 49; III Code, paragraph 50).\nRoot cause\n559 Owing to a miscommunication, documentary evidence on the scope of contractual engagement of a private subcontractor for oil spill response by the environmental protection agency could not be provided.\nCorrective action\n560 An updated agreement between the Government agency responsible for environmental protection and a private company had been signed. A clear scope of obligations for the company had been established, including provision of additional resources (equipment) to support other State entities involved in the implementation of National Contingency Plan in response to oil spills within the port areas from any source that is beyond the capability of the State's resources. This corrective action will be completed by 30 December 2017.\n", 'FD\n561 It was established that no performance evaluation mechanism was in place to evaluate and review the coastal State obligations under applicable IMO instruments (III Code, paragraph 51).\nRoot cause\n562 The lack of technical personnel and resources. The responsible Government entities have not established any mechanism, such as a quality management system, in order to document a programme for monitoring and evaluating their performance in the conduct of coastal State activities.\nCorrective action\n563 Key performance indicators (KPIs) will be defined as a measure for performance evaluation in the area of coastal State activities. Related collection of data will be organized and analysis of KPIs will be conducted annually. A joint audit team from relevant Government entities will be formed and the verification of the performance evaluation will be included in the scope of the audit. The audit covering all coastal State obligations and activities will be conducted at least once a year, whilst audits of specific areas may be conducted periodically and on an ad-hoc basis. This corrective action will be completed by 30 December 2018.\n', 'FD\n564 The maritime administration did not periodically evaluate its performance in respect of exercising its rights and meeting its obligations under the mandatory IMO instruments in the area of coastal State activities (III Code, paragraph 51).\nCircular Letter No.3879\nAnnex, page 110\nI:\\C_L\\CL.3879.docx\nRoot cause\n565 Maritime affairs were not prioritized at the national level; and there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with coastal State management and control.\nCorrective action\n566 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the responsible Ministry will set up a documented procedure and a central electronic system, incorporating a module which can record, document and provide reports on steps taken for a periodic performance evaluation in the area of coastal State activities; and ensure that such periodic evaluation is conducted with the involvement of all relevant stakeholders. Responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 December 2018.\n', 'FD\n567 The State did not establish nautical and hydrographic services in order to prepare and issue sailing directions, lists of lights, tide tables and other nautical publications, where applicable, satisfying the needs of safe navigation. In addition, no surveys of the coastline of the three groups of islands of the State had been carried out in the past 50 years in order to keep all nautical information necessary for safe navigation up-to-date (SOLAS 1974, regulation V/4; SOLAS 1974, regulation V/9; III Code, paragraph 47).\nRoot cause\n568 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 there was a lack of awareness of the fundamental importance and benefits of hydrography and nautical charting to the State and of its obligations under SOLAS 1974;\n.3 there was no in-country hydrographic surveying or chart updating capability; and\n.4 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with coastal State management and control.\nCorrective action\n569 Maritime affairs have been given higher priority at the national level, including hydrography matters, additional personnel has been recruited and is being trained. In addition, the responsible Ministry will:\n.1 set up a documented procedure and a central electronic system, incorporating a module which can record, document and provide reports on steps taken for establishing nautical and hydrographic services including the necessary infrastructure and facilities for planning and conducting surveys of\nCircular Letter No.3879\nAnnex, page 111\nI:\\C_L\\CL.3879.docx\nthe coastline; as well as for determining and requesting potential donor countries and organizations to provide capacity building and assistance in setting up these services; and\n.2 mobilize human and financial resources, assign responsibilities for the electronic system and make arrangements to ensure ongoing monitoring and review.\nThis corrective action will be completed by 31 December 2022.\n', "FD\n570 The maritime administration did not implement a control and monitoring programme in order to establish mechanisms for timely response to pollution incidents in its waters (III Code, paragraph 50.2).\nRoot cause\n571 The following factors contributed to this finding:\n.1 maritime affairs, particularly oil spill response, were not prioritized at the national level;\n.2 there was a lack of awareness of the importance of oil spill response to the State and of its obligations under the mandatory IMO instruments;\n.3 there was no in-country oil spill response capability; and\n.4 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with coastal State management and control.\nCorrective action\n572 Maritime affairs have been given higher priority at the national level, including oil spill matters. Additional personnel has been recruited and is being trained. The responsible Ministry will set up a documented procedure and a central electronic system, incorporating a module which can record, document and provide reports on steps taken for developing and implementing a control and monitoring programme in order to establish mechanisms for timely response to pollution incidents in the State's waters. All relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 July 2020.\n", "FD\n573 There was no objective evidence that the State had done any assessment of its SAR capabilities taking into consideration density of the seagoing traffic and the navigational dangers. Appropriate national legislation giving effect to the relevant SOLAS regulation was not in place. Furthermore, there was no objective evidence that the State had provided available information to IMO concerning its existing SAR facilities (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nCircular Letter No.3879\nAnnex, page 112\nI:\\C_L\\CL.3879.docx\nRoot cause\n574 The following factors contributed to this finding:\n.1 maritime affairs were not prioritized at the national level;\n.2 the Ministry responsible for maritime affairs was not authorized to establish its own SAR assets and facilities and had to request assistance from the other parties of the State;\n.3 the Ministry responsible for maritime affairs prepared a SAR plan for its activities, but it was not approved by relevant parties;\n.4 there was a lack of awareness on the importance of reporting of the SAR facilities to IMO and of the need for the associated national legislation;\n.5 there was limited in-country SAR capability; and\n.6 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with coastal State management and control.\nCorrective action\n575 Maritime affairs have been given higher priority at the national level, additional personnel has been recruited and is being trained. In addition, the responsible Ministry will set up a documented procedure and a central electronic system, incorporating a module which will record, document and provide reports on steps taken for:\n.1 assessing the State's SAR capabilities, including all stakeholders concerned;\n.2 preparing, enacting, implementing and enforcing appropriate national legislation giving effect to the relevant SOLAS 1974 requirements;\n.3 determining, approaching and requesting potential donor countries and organizations to provide capacity building and assistance in setting up the required SAR services;\n.4 establishing, operating and maintaining adequate SAR facilities; and\n.5 providing continuously updated information concerning the existing search and rescue facilities to IMO.\n576 All relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 July 2021.\n", 'FD\n577 The State had not established appropriate shore-based facilities within the Global Maritime Distress and Safety System (GMDSS), individually or in cooperation with other Contracting Governments, in order to ensure alerting of shore-based rescue and communications authorities in the event of emergency (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nCircular Letter No.3879\nAnnex, page 113\nI:\\C_L\\CL.3879.docx\nRoot cause\n578 The following factors contributed to this finding:\n.1 maritime affairs, particularly GMDSS, were not prioritized at the national level;\n.2 there was a lack of awareness of the need for the provision of GMDSS under SOLAS 1974, of the associated IMO reporting requirements, and of the appropriate national legislation;\n.3 there was limited in-country radiocommunication capability; and\n.4 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with coastal State management and control.\nCorrective action\n579 Maritime affairs have been given higher priority at the national level, including radio-communications matters. Additional personnel has been recruited and is being trained. In addition, the responsible Ministry will set up a documented procedure and a central electronic system, incorporating a module which can record, document and provide reports on steps taken for the establishment of appropriate shore-based facilities within GMDSS. Potential donor countries and organizations will be determined and approached to provide capacity building and assistance in establishing the required GMDSS facilities. All relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 July 2021.\n', "FD\n580 The maritime administration did not have procedures in place for establishing and maintaining its AtoN network and was not in the position to ensure effective maintenance of existing AtoNs. No assessment had been carried out to identify the adequacy of AtoNs having due regard to the volume of traffic and the degree of risks it poses (SOLAS 1974, regulation V/13; III Code, paragraph 47).\nRoot cause\n581 The following factors contributed to this finding:\n.1 maritime affairs, particularly establishment of AtoN, were not prioritized at the national level;\n.2 there was a lack of awareness of the need for maintenance and survey procedures related to AtoN;\n.3 there was a limited in-country AtoN maintenance and repair capability; and\n.4 there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with coastal State management and control.\nCircular Letter No.3879\nAnnex, page 114\nI:\\C_L\\CL.3879.docx\nCorrective action\n582 Maritime affairs have been given higher priority at the national level, including AtoN maintenance. Additional personnel has been recruited and is being trained. In addition, the responsible Ministry will set up a documented procedure and a central electronic system, which will support:\n.1 developing and putting in place procedures for establishing and maintaining AtoN network and ensuring effective maintenance of existing AtoN;\n.2 assessing the adequacy of AtoN, having due regard to the volume of traffic; and\n.3 determining and requesting potential donor countries and organizations to provide capacity building and assistance for establishing and maintaining the State's AtoN network.\n583 Human and financial resources will be mobilized, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 July 2022.\n", "FD\n584 It was established that no performance evaluation mechanism had been put in place by the maritime administration to evaluate or review its performance in meeting its obligations as a coastal State with regard to maritime SAR (III Code, paragraph 51).\nRoot cause\n585 The following factors contributed to this finding:\n.1 as part of an international agreement, the State is placed in the SAR zone under the responsibility of a neighbour country and the coordination of this neighbour's country MRCC. On an operational level, the nautical resources of the State are made available to the neighbour country, in an area beyond the limits of the territorial waters of the State;\n.2 by delegation, SAR activities are managed by the neighbour's country maritime administration on behalf of the State. From this follows the lack of supervision, monitoring and revision of this delegation; and\n.3 as a result, and because of the lack of knowledge of the provisions of paragraph 51 of the III Code, the State has not put in place a mechanism for periodic evaluation of its performance in terms of assistance and rescue at sea and in particular in the evaluation of the mechanism on which the State relies for SAR activities.\nCorrective action\n586 The maritime administration will set up a procedure for periodic evaluation of its performance through:\n.1 a periodic on-site meeting of the SAR authority of the State at the neighbour's country MRCC premises; and\nCircular Letter No.3879\nAnnex, page 115\nI:\\C_L\\CL.3879.docx\n.2 an annual written report of the activities of neighbour's country MRCC in the area under jurisdiction of the State, transmitted by the neighbour country maritime administration to SAR authority of the State.\nThis corrective action will be completed by 31 January 2019.\n", 'FD\n587 The maritime administration did not ensure that mechanisms were established by the appropriate entities for the provision of radiocommunication services, such as assigning identities for GMDSS purposes, digital selective calling, and that warnings related to the safety of navigation were made readily available to mariners (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5.1; SOLAS 1974, regulation V/31.2; III Code, paragraph 49).\nRoot cause\n588 There was a lack of coordination among various government entities.\nCorrective action\n589 An inter-institutional working group will be created comprising all entities involved in implementation of SOLAS 1974, Chapter IV, in order to define and assign responsibilities and obligations of involved entities and subsequently to evaluate their performance through a future mechanism to be implemented within the new overall strategy. In parallel, the responsible entity of the maritime administration will evaluate and determine the necessary financial resources to fulfil SOLAS 1974, Chapter IV, and related provisions. The budget will be requested from the relevant authorities of the State and required systems and equipment will be commissioned. This corrective action will be completed by 2 October 2019.\n', 'FD\n590 The maritime administration had not implemented policies, manuals, procedures or guidelines for the implementation of its SAR services. The existing SAR arrangements had not been communicated to IMO and that SAR plans for cooperation with SAR services and passenger ships calling regularly at ports within the State had not been developed (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n591 There was a lack of coordination among the involved government entities.\nCorrective action\n592 An inter-institutional working group will be created between the responsible government entities to clearly define their responsibilities in the conduct of SAR activities and the implementation requirements under the respective IMO instruments. Appropriate mechanisms will be implemented to develop manuals, procedures and working instructions. In addition, the need for financial resources will also be assessed and additional resources provided accordingly. This corrective action will be completed by 2 October 2019.\nCircular Letter No.3879\nAnnex, page 116\nI:\\C_L\\CL.3879.docx\n', 'FD\n593 The maritime administration did not implemented a system for periodically evaluating its performance as a coastal State in order to verify whether it is meeting its obligations under those IMO international instruments to which it is Party (III Code, paragraph 51).\nRoot cause\n594 There was no management system in place to evaluate the performance of the maritime administration in the conduct of coastal State activities.\nCorrective action\n595 A mechanism will be established to ensure coordination among the government entities who share the coastal State responsibilities. The mechanism will set clear lines of authorities, assign clear responsibilities, as well as define goals and key performance indicators for all involved entities to measure their performance within their respective management systems. This mechanism will be a part of the overall evaluation of performance under the new strategy. This corrective action will be completed by 2 October 2019.\n', 'FD\n596 There was no evidence that the maritime administration:\n.1 maintained available appropriate shore based facilities for space and terrestrial radiocommunication services to disseminate navigational warning and meteorological data;\n.2 undertook the establishment of a GMDSS system;\n.3 reviewed and evaluated the ship routing systems in two of the Traffic Separation Schemes (TSS) in line with the guidelines and criteria developed by resolution A.572 (14), as amended, and\n.4 was fully enforcing the requirements of COLREG 1972, regulation 10 for ships engaged in one of the TSSs\n(SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/10; III Code, paragraph 49).\nRoot cause\n597 The maritime administration was not fully aware of its obligations regarding provision of radiocommunications services and ship routing system\nCorrective action\n598 The maritime administration will evaluate the necessity and make available appropriate radiocommunication services in accordance with SOLAS 1974, regulation IV/5. A system will be established to ensure that suitable arrangements are made for registering GMDSS identities in accordance with SOLAS 1974, regulation IV/5-1. The two mandatory ship routeing systems will be reviewed as a basis for establishing a monitoring system and ensuring compliance of ships using the traffic separation schemes adopted by the Organization. This corrective action will be completed by 31 December 2018.\nCircular Letter No.3879\nAnnex, page 117\nI:\\C_L\\CL.3879.docx\n', 'FD\n599 The current radio - communication system provides for coverage in zones A1 and A2, however, the scheme only had continuous coverage in VHF and MF in two coast stations and did not have a DSC service (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nRoot cause\n600 There was a lack of financial resources.\nCorrective action\n601 The responsible entity of the maritime administration will implement the following corrective actions:\n.1 submit the required financial resources to its managing board, in order to continue with the third phase of the project on upgrading of its radio - communication services, aiming at strengthening the GMDSS equipment distributed through the port captaincies of the State to guarantee coverage in areas A2 and A3, DSC service and NAVTEX system for transmission of maritime safety information and navigational warnings. The second phase of the project has already started by installing VTS equipment, VHF for A1 area and equipment required to receive the LRIT information from ships; and\n.2 implement the third phase of the project, which will include detailed planning, engineering and installation of GMDSS equipment.\nThis corrective action will be completed by 30 December 2019.\n', 'FD\n602 The maritime administration did not make available to IMO its existing SAR facilities. Besides, it had not required the joint development of plans for cooperation with SAR services for passenger ships arriving at its ports (SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n603 There was an absence of specific procedures regarding SAR operations and lack of coordination among entities in charge of SAR activities.\nCorrective action\n604 The responsible State entities will carry out a joint analysis on the available means of SAR operations for onward communication to IMO. In addition, national regulations and procedures will be developed and implemented and will include provisions for any subsequent communication to IMO and for coordination between the Coast Guard and the Captaincies in developing and implementing SAR cooperation plans in the event of emergencies involving passenger ships calling at the State ports. This corrective action will be completed by 30 October 2018.\n', 'FD\n605 The various entities that compose the maritime administration had certain indicators in use to evaluate their performance, however, there was no evidence of a periodic evaluation\nCircular Letter No.3879\nAnnex, page 118\nI:\\C_L\\CL.3879.docx\nof their performance in respect of coastal State obligations under the applicable international instruments (III Code, paragraph 51).\nRoot cause\n606 There was an absence of specific documented procedures and lack of coordination among the different entities of the maritime administration in order to evaluate their performance in carrying out coastal State activities.\nCorrective action\n607 The maritime administration will:\n.1 develop an overall strategy of the State, including specific procedures for the various entities of the maritime administration to periodically evaluate their performance in carrying out assigned coastal State activities, both individually and collectively; and\n.2 identify problematic areas and non-conformities which may hinder the implementation and enforcement of coastal State obligations under IMO instruments to which the State is Party, based on the analysis of objectives, key performance indicators and risks, conducted in accordance with relevant procedure, as a basis for continual improvement.\nThis corrective action will be completed by 30 December 2018.\n', "FD\n608 The maritime administration had not established mechanisms for timely response to pollution incidents caused by noxious liquid substances or dangerous goods (III Code, paragraph 50.2).\nRoot cause\n609 There was insufficient technical capacity and clear responsibilities between the different entities were not assigned.\nCorrective action\n610 The maritime administration will implement the following corrective actions:\n.1 enact national legislation regarding contingency plans to respond to pollution incidents caused by noxious liquid substances or dangerous goods, including assignment of responsibilities to relevant government entities;\n.2 revise the existing national oil spill contingency plan, in order to include provisions for pollution incidents caused by the aforementioned pollutants;\n.3 amend the national regulations on the Integral Port Operational Management System, in order to assign further responsibilities to the port facilities which operate with noxious liquid substances and dangerous goods; and\n.4 conduct follow-up audits to ensure the effective implementation and enforcement of the aforementioned measures by the port facilities.\nCircular Letter No.3879\nAnnex, page 119\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 1 December 2019.\nPORT STATE ACTIVITIES\nFindings (FD)\n611 The State had arrangements in place to accept ship generated waste regulated under MARPOL Annex I. However, the system of monitoring contractors who carry out the collection of waste was found to be inadequate in terms of ensuring that all the obligations are met (MARPOL, Annex I, regulation 38.1; III Code, paragraph 57).\nRoot cause\n612 Monitoring procedures for some stages in the cycle starting from the collection from ships of oily residues through their processing up to the final disposal destinations were insufficient, in spite of periodical audits of final disposal destinations having been carried out.\nCorrective action\n613 All ships 'wastes handling plans of ports will be reviewed to ensure effective and safe final disposal of wastes outside a port. A uniform plan will be developed for reception of ship generated wastes, including oily residues, and their safe disposal, including emergency procedures to dispose wastes outside the port. The plan shall include periodic audits on ports, contractors and final destinations for safe disposal of wastes. This corrective action will be completed by 31 March 2019.\n", "FD\n614 Although there were references to the International Maritime Dangerous Goods Code (IMDG Code) provisions in national legislation, the IMDG Code was not fully implemented and there was no objective evidence that all the amendments were incorporated into national legislation, in particular requirements on Class 7 goods regarding quality management system and the role of the competent authority (SOLAS 1974, regulation VII/3; IMDG Code, section 1.5.3; III Code, paragraph 55).\nRoot cause\n615 The legislative process involved, through the direct referencing method, to incorporate the numerous and successive amendments to IMO instruments into national law could not be achieved in a timely manner\nCorrective action\n616 The latest amendments to the IMDG Code will be submitted to the permanent Committee for National Legislation for consideration and transposition into national legislation, as per the State's Strategy to implement the mandatory IMO instruments. This corrective action will be completed by 31 March 2020.\n", 'FD\n617 The State did not establish port reception facilities for noxious liquid substances as required by MARPOL Annex II (MARPOL, Annex II, regulation 18.1; III Code, paragraph 54.1).\nCircular Letter No.3879\nAnnex, page 120\nI:\\C_L\\CL.3879.docx\nRoot cause\n618 The obligation to provide port reception facilities in conformity with MARPOL requirement was not clearly specified in national legislation and not clearly disseminated to port facilities.\nCorrective action\n619 The maritime administration will develop and implement legislation, technical guidelines and notes obliging the ports to put in place reception facilities for noxious liquid substances in accordance with MARPOL, Annex II. A marine notice will be issued to all port operators and the implementation will be monitored by the responsible entities in order to enforce the requirement of providing waste reception facilities in accordance with MARPOL. This corrective action will be completed by 30 March 2019.\n', 'FD\n620 Activities of the State related to dangerous goods were not sufficiently regulated through national legislation, and were not adequately controlled and supervised (SOLAS 1974, regulation VII/3; III Code, paragraph 54; III Code, paragraph 55).\nRoot cause\n621 The lack of awareness of the provisions of the IMDG Code and the absence of national legislation governing dangerous goods.\nCorrective action\n622 The maritime administration will:\n.1 establish an inter-governmental committee responsible for developing and supervising the implementation of detailed instructions on the IMDG Code requirements, including development of national legislation, implementing a training programme for shore-based personnel and developing a management system that is maintained by respective entities; and\n.2 conduct a workshop on the implementation of the IMDG Code fir all relevant entities, in order to gain better understanding of the Code and to develop a plan of actions that will include development of relevant directives, policies and documented procedures.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n623 The State did not define and implement policies on PSC through issuing instructions and guidance. Besides, no process was established to administer the PSC programme, including policies and criteria for conducting PSC inspections, collection of data on foreign ships calling the ports of the State and their selection for inspection, procedures and instructions, as well as training programme for periodical updating of knowledge of PSC officers (III Code, paragraph 54; III Code, paragraph 60; III Code, paragraph 61).\nCircular Letter No.3879\nAnnex, page 121\nI:\\C_L\\CL.3879.docx\nRoot cause\n624 There was a prolonged legislation process and a lack of resources for the approval of legal framework for PSC and related provisions.\nCorrective action\n625 The responsible entity of the maritime administration will implement the following actions:\n.1 coordination with the responsible legal entity of the State in order to speed up the process of approval and publication of the legal framework for PSC activities; and\n.2 creation of a dedicated unit under its authority on PSC administrative and operative matters, which will be assigned the following responsibilities: implementation of PSC activities according to the regional MoU and IMO latest resolutions on the matter; coordination of related activities and procedures with the regional MoU; development of a PSC manual, training programmes for PSCOs and procedures to assist in the conduct of their tasks. In addition, a mechanism to evaluate the performance in the conduct of PSC activities will also be established and implemented.\nThis corrective action will be completed by 30 October 2020.\n', 'FD\n626 Although the State is Party to MARPOL Annexes II and IV, its ports were not fitted with required reception facilities for the delivery of related ship generated waste. Besides, the equivalent arrangements in place for collection of ship-generated waste under MARPOL Annexes I and V were not regulated and monitored (MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulation 12.1; III Code, paragraph 56.1).\nRoot cause\n627 Owing to a lack of national regulations and procedures for the implementation and enforcement of related IMO instruments, ports were not fitted with adequate reception facilities.\nCorrective action\n628 The maritime administration will implement the following actions:\n.1 regulations, administrative instructions and procedures will be issued to strengthen the implementation and enforcement of MARPOL requirements on port reception facilities; mainly for Annexes II and IV. The mentioned provisions will regulate:\n.1 procedures for licencing and authorization of suppliers of services for Annexes II and IV;\n.2 mechanism for collection, transport, treatment and disposal of all types of oil/slops/garbage;\nCircular Letter No.3879\nAnnex, page 122\nI:\\C_L\\CL.3879.docx\n.3 mechanism of monitoring and control of suppliers by the responsible entities of the maritime administration involved;\n.4 mechanism of auditing and monitoring of the facilities and their performance up to the final disposal by the responsible entity of the maritime administration; and\n.5 institutional arrangements between the different entities of the maritime administration will be established;\n.2 the responsible entity of the maritime administration will ensure that specific plans are implemented and enforced to provide reception facilities in ports of the State open for international traffic, according to the existing national regulations.\nThis corrective action will be completed by 30 March 2020.\n', 'FD\n629 There was no legislation, guidance, administrative instructions or procedures to ensure that the maritime administration comply with the requirements of the IMDG Code and the International Maritime Solid Bulk Cargoes Code (IMSBC Code). Besides, the Administration could not guarantee a systematic verification of compliance of ships carrying cargo under the provisions of the Grain Code (SOLAS 1974, regulation VII/3; IMDG Code, section 1.3.1; Grain Code, paragraph 3.5; III Code, paragraph 57).\nRoot cause\n630 There was a lack of financial, material and human resources for transposition of the amendments to the Grain, IMDG and IMSBC codes into national legislation, as well as a lack of coordination with the port authorities.\nCorrective action\n631 The responsible entities of the maritime administration will develop, under national legislation, additional regulations and procedures covering the Grain, IMDG and IMSBC codes, to ensure the consistent implementation and enforcement of the requirements of the aforementioned international instruments and their amendments. Rules for handling of dangerous goods in ports will be established under the Grain, IMDG and IMSBC codes. The Competent Authority for handling of dangerous goods will be determined and dedicated units within the ports will be assigned to deal with all relevant requirements, including training of all personnel involved in the implementation of the referred codes, as well as provision of guidelines for stakeholders in relation to mandatory communication before ship arrival into a port (quantity limitations, exceptions, etc.). This corrective action will be completed by 31 December 2020.\n', 'FD\n632 It was established that no performance evaluation mechanism was in place to periodically evaluate and review the port State obligations under applicable IMO instruments (III Code, paragraph 63).\nCircular Letter No.3879\nAnnex, page 123\nI:\\C_L\\CL.3879.docx\nRoot cause\n633 There was a lack of resources and culture, which contributed to this finding.\nCorrective action\n634 The overall maritime strategy will be developed and procedures will be included for periodical review and evaluation of responsibilities in the area of port State activities, based on clear objectives, key performance indicators defined to evaluate the effectiveness in the implementation and enforcement of IMO instruments and recommendations in order to identify and implement actions for continual improvement. The result of the periodic review will be reported yearly to the responsible ministries in order to evaluate the performance in the area of port State activities regarding compliance with IMO instruments to which the State is Party. This corrective action will be completed by 30 March 2020.\n', "FD\n635 The maritime administration had not implemented policies, through issuing appropriate national legislation and guidance to facilitate implementation of port State obligations, and had not assigned the associated responsibilities to entities in relation to the relevant conventions and protocols to which the State is Party (III Code, paragraph 54).\nRoot cause\n636 The State's legislating process is very lengthy, therefore, issuing appropriate national legislation, policies and guidance to facilitate implementation of port State obligations could not be realized in a timely manner. In addition, insufficient personnel with relevant expertise at the maritime administration to undertake such responsibilities contributed to this finding.\nCorrective action\n637 For port State activities, the maritime administration will develop and implement national legislation and guidelines that facilitate the implementation and enforcement the requirements of all the conventions and protocols relating to safety and pollution prevention to which the State is Party. Furthermore, the maritime administration will assign and document responsibilities of governmental entities responsible for the implementation and monitoring of compliance with the mandatory IMO instruments and of personnel assigned to these tasks. The maritime administration will also request specific assistance, such as IMO technical cooperation, to train staff responsible for implementing and enforcing port State activities. This corrective action will be completed by 30 June 2021.\n", 'FD\n638 There were no appropriate port reception facilities or equivalent arrangements available in ports of the State to accept ship generated waste regulated under MARPOL Annexes I and II and the collection of ship generated waste was not monitored (MARPOL, Annex I, regulation 38.1; MARPOL, Annex II, regulation 18.1; III Code, paragraph 55).\nRoot cause\n639 The following factors contributed to this finding:\n.1 requirements in relation to the provision of port reception facilities were not fully understood;\nCircular Letter No.3879\nAnnex, page 124\nI:\\C_L\\CL.3879.docx\n.2 the obligation to provide port reception facilities in conformity with the requirements of MARPOL was not clearly specified in national legislation and no documented procedures and guidelines were developed; and\n.3 a lack of rigorous monitoring of compliance of the activities of port service providers in accordance with the requirements of MARPOL and the collection of waste was primarily done by a third party, which was not fully assessed in terms of available facilities and quantities and types of waste received.\nCorrective action\n640 The maritime administration will implement the following actions:\n.1 develop and implement national legislation and documented procedures on port reception facilities and will establish port reception facilities in compliance with the requirements of MARPOL Annexes I and II;\n.2 develop a procedure to monitor collection of ship generated waste and its disposal; and\n.3 assign specific duty to designated officers to undertake rigorous study of the provision of port reception facilities and external assistance in this matter will be requested.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n641 The State did not fulfil the requirements of the IMDG Code, particularly in relation to:\n.1 a training programme for shore-based personnel engaged in the transport of dangerous goods;\n.2 a management system for activities related to dangerous goods in its ports; and\n.3 the designation of the "competent authority"\n(SOLAS 1974, regulation VII/2.4; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; IMDG Code, chapter 7.9; III Code, paragraph 57).\nRoot cause\n642 Absence of regulations and a lack of understanding of the provisions of the IMDG Code contributed to this finding. In addition, the port authorities and terminal operators were not kept up-to-date with the requirements of the IMDG Code, including training requirements and there was a lack of coordination between the different entities responsible for the management of dangerous goods.\nCorrective action\n643 The maritime administration will develop relevant national regulations covering handling of dangerous goods in ports, which will ensure compliance with the requirements of the IMDG Code and its future amendments. In addition, the maritime administration will\nCircular Letter No.3879\nAnnex, page 125\nI:\\C_L\\CL.3879.docx\nestablish a training programme for all personnel involved in the implementation of the IMDG Code and will notify IMO of the required information including details of the "competent authority". This corrective action will be completed by 30 June 2021.\n', 'FD\n644 The maritime administration had not implemented policies through issuing national legislation and guidance to meet port State obligations and assign responsibilities to various entities under the applicable conventions and protocols to which the State is Party (III Code, paragraph 54).\nRoot cause\n645 Absence of a legal basis due to the lack of transposition into national legislation of the mandatory IMO instruments to which the State is Party and the lack of technical and legal knowledge regarding the requirements relative to port State activities, including the fact that the responsibilities of the personnel within the various entities of the maritime administration were not defined, contributed to this finding.\nCorrective action\n646 The maritime administration will implement guidelines to facilitate the implementation and enforcement of the requirements of all conventions and protocols related to safety and pollution prevention to which the State is Party. In addition, it will define and document in writing the responsibilities of governmental entities responsible for the implementation of the mandatory IMO instruments and their enforcement, as well as assign the adequate personnel to perform these tasks. This corrective action will be completed by 15 December 2019.\n', 'FD\n647 The national legislation, guidance and procedures established were deemed to be inadequate for ensuring compliance with the requirements under the mandatory IMO instruments applicable to the exercise of PSC and the management of dangerous goods. In addition, the maritime administration had not ensured that operators involved in the handling and storing of dangerous goods applied the statutory provisions in force (SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; IMDG Code, chapter 7.9; III Code, paragraph 55).\nRoot cause\n648 The following factors contributed to this finding:\n.1 there was no legislation on PSC activities or detailed working procedures for PSCOs; and\n.2 no competent authority had been designated to deal with dangerous goods issues, which had resulted in non-compliance with the mandatory requirements of the IMDG Code.\nCorrective action\n649 The Ministry will implement the following corrective measures:\nCircular Letter No.3879\nAnnex, page 126\nI:\\C_L\\CL.3879.docx\n.1 develop and implement the legislation necessary for the conduct of port State control activities, which will define, among others, conditions for detention of foreign ships and will include the responsibilities and hierarchical authority of the different entities; and\n.2 as part of national legislation, develop and implement regulations for handling of dangerous goods, which will ensure compliance with the requirements of the IMDG Code and amendments thereto in the future. In addition, a training programme for all staff involved in implementing the IMDG Code and communicating to IMO the required information, including contact details of the "competent authority", will be developed and put in place.\nThis corrective action will be completed by 30 May 2020.\n', 'FD\n650 No performance evaluation mechanism had been established to evaluate periodically and review compliance with port State obligations under the applicable IMO instruments (III Code, paragraph 63).\nRoot cause\n651 There was an absence of a culture to periodically evaluate and review performance, a lack of documented procedures and insufficient number of qualified personnel\nCorrective action\n652 The maritime administration will recruit additional staff and institutionalize a documented programme for the evaluation and periodic review of the performance in the conduct of port State activities. This corrective action will be completed by 30 June 2020.\n', 'FD\n653 PSC inspections were conducted on the basis of obsolete regulations and there was no procedure in place to assist in administering a PSC programme consistent with resolution A.1052 (27). In addition, personnel carrying out PSC inspections were not properly authorized and no official requirement had been adopted regarding their qualifications (SOLAS 1974, regulation I/19; STCW 1978, article X; III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n654 Inadequate national legislation on PSC, lack of clarity on the qualifications of PSCOs and non-transposition into national legislation of the monitoring procedures recommended by IMO, as well as failing to adhere to and implement the provisions of the regional MoU, have largely contributed to this finding.\nCorrective action\n655 The Ministry will take the following corrective actions:\n.1 promulgate the necessary legislation by transposing the resolution A.1119(30), as amended, which will include, inter alia, the minimum qualifications of PSCOs, their training programme, the mandatory\nCircular Letter No.3879\nAnnex, page 127\nI:\\C_L\\CL.3879.docx\nnotifications to flag States and to IMO in case of detention of a foreign ship in a port of the State;\n.2 determine, develop and implement documented procedures for the preparation and conduct of inspections, as required by resolution A.1119(30), and administer a PSC programme, including policies and criteria to be followed in carrying out PSC inspections, the collection of data on ships calling at the ports of the State and their selection for inspection; and\n.3 the State will adhere to the regional MoU on PSC.\nThis corrective action will be completed by 30 June 2019.\n', 'FD\n656 The maritime administration had not implemented a strategy through issuing national legislation and guidance to meet the port State obligations and assign responsibilities to various entities under the applicable conventions and protocols to which the State is Party (III Code, paragraph 54.1).\nRoot cause\n657 Failure to transpose the mandatory instruments into national legislation, to which the State is Party, absence of legal bases and guidelines, the lack of personnel with technical and legal knowledge and knowledge of the requirements of the relevant IMO instruments for port State activities contributed to this finding.\nCorrective action\n658 The maritime administration will:\n.1 develop and implement a written policy and guidelines by enacting necessary national legislation to cover all relevant port State obligations;\n.2 identify legislation and directives necessary to be promulgated into national legal framework to facilitate the implementation and application of the requirements of all conventions and protocols to which the State is Party, covering the activities of the port State; and\n.3 establish a training and familiarization programme on the relevant IMO instruments for personnel with responsibilities in port State activities.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n659 The national legislation, guidance and procedures established were deemed to be inadequate for ensuring compliance with the requirements under the IMO mandatory instruments applicable to reception facilities, the exercise of PSC and the management of dangerous goods (III Code, paragraph 55).\nRoot cause\n660 The following factors contributed to this finding:\nCircular Letter No.3879\nAnnex, page 128\nI:\\C_L\\CL.3879.docx\n.1 a lack of understanding of the international requirements, applicable to reception facilities, management of dangerous goods and PSC;\n.2 the maritime administration had not fully played its role in the implementation of the conventions, the enforcement of the requirements stemming from international conventions and related directives in this area; and\n.3 the maritime administration has been negligent in the management of dangerous goods.\nCorrective action\n661 The maritime administration will:\n.1 develop and implement national legislation, guidelines and procedures covering the port State responsibilities, particularly aspects relating to port reception facilities in accordance with MARPOL Convention, to the management of dangerous goods as defined in SOLAS Convention 1974 and its related codes and to the conduct of PSC inspections; and\n.2 implement a specialized training programme for officials responsible for port reception facilities and the management of dangerous goods, as well as officials responsible for PSC.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n662 The maritime administration had not taken the necessary measures to ensure full compliance with the requirements applicable to reception facilities in ports; oil loading terminals; handling of operational waste from fixed or floating platforms including drilling rigs; floating production, storage and offloading facilities (FPSOs); and floating storage units (FSUs). Moreover, the maritime administration did not ensure that operators involved in handling and storing dangerous goods applied the regulatory provisions in force (SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; MARPOL, Annex I, regulation 38.1; MARPOL, Annex I, regulation 38.2; MARPOL, Annex I, regulation 38.3; MARPOL, Annex V, regulation 8.1; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; IMDG Code, chapter 7.9; IMSBC Code, paragraph 4.3.3; III Code, paragraph 57).\nRoot cause\n663 The following factors contributed to this finding:\n.1 the lack of a mechanism for monitoring of compliance with the regulations on port reception facilities, oil loading terminals, treatment of operational waste from fixed or floating platforms, including platforms for drilling, FPSOs and FSUs; and\n.2 a lack of understanding of the provisions and obligations required by the mandatory codes under SOLAS 1974 dealing with dangerous goods.\nCircular Letter No.3879\nAnnex, page 129\nI:\\C_L\\CL.3879.docx\nCorrective action\n664 The maritime administration will:\n.1 develop and implement documented procedures for the monitoring of hydrocarbon loading terminals, reception facilities, treatment of operational waste derived from platforms, FPSO or FSU and storage facilities of dangerous goods; and\n.2 designate the competent authority responsible for dangerous goods and communicate it to IMO. The provisions of the IMDG Code will be applied and monitored at the container terminals.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n665 Inspections within the framework of PSC were conducted on the basis of obsolete regulations and there was no procedure in place to administer PSC-related activities. Moreover, personnel conducting PSC inspections were not appropriately authorized and no official requirement had been adopted concerning their qualifications (SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; MARPOL, Annex II, regulation 16.1; MARPOL, Annex III, regulation 8; MARPOL, Annex IV, regulation 14; MARPOL, Annex V, regulation 8.1; STCW 1978, article X; TONNAGE 1969, article 12; III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n666 The following factors contributed to this finding:\n.1 national legislation governing PSC activities was not updated;\n.2 absence of procedures to administer a PSC programme; and\n.3 a lack of trained and qualified personnel to conduct PSC inspections.\nCorrective action\n667 The maritime administration will:\n.1 draft and implement a PSC regulation, on the basis of which guidance on procedures for the conduct of the PSC will be issued, in accordance with IMO resolution A.1119 (30); and\n.2 establish an accreditation criteria for PSCOs based on their competence and qualification, including the implementation of the Code of Conduct for PSCOs and an evaluation mechanism to improve the quality of PSC inspections and the performance of PSCOs.\nThis corrective action will be completed by 31 December 2019.\nCircular Letter No.3879\nAnnex, page 130\nI:\\C_L\\CL.3879.docx\n', 'FD\n668 No performance evaluation mechanism had been put in place to evaluate periodically and review compliance with its port State obligations under the applicable IMO instruments (III Code, paragraph 63).\nRoot cause\n669 A lack of culture to evaluate or periodically review performance, the lack of documented procedures and the lack of coordination between the departments involved in port State activities.\nCorrective action\n670 The maritime administration will develop and establish a legal framework to institutionalize a documented system for evaluation and periodic review of its performance by identifying evaluation measures and performance indicators to ensure its port State activities are effectively carried out. This corrective action will be completed by 31 December 2018.\n', "FD\n671 Although the State is a Party to MARPOL Annexes II, IV and VI, its ports were not fitted with the adequate reception facilities that fulfil the relevant provisions (MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex VI, regulation 17.3; III Code, paragraph 55; III Code, paragraph 56.1).\nRoot cause\n672 There was a lack of capacity and equipment to fulfil the requirements of MARPOL regarding reception facilities.\nCorrective action\n673 The State's Ports and Harbours Authority has licensed a company to provide reception facilities for chemical waste (MARPOL Annex II) and its activities are monitored. The Ports and Harbours Authority had also licensed another company to provide a plant with reception facilities for sewage (MARPOL Annex IV), which is expected to be operational by the end of 2017. The Ports and Harbours Authority had instructed arriving ships to switch to a lighter fuel within port limits for the prevention of air pollution from ships (MARPOL Annex VI). The information is forwarded to all arriving ships through the ships' agents and recorded with the Ports and Harbours Authority. Reception facilities module in GISIS had been updated accordingly and the responsibility for its updating in the future has been assigned. Regarding, reception facilities under MARPOL Annex VI, the responsible Government entities involved will conduct a cost analysis and an availability study with a view to engage a State entity or organization within the State to receive residues and provide proper facilities as stipulated by MARPOL Annex VI. This corrective action will be completed by 30 December 2017.\n", 'FD\n674 It was established that no performance evaluation mechanism was in place to evaluate and review the port State obligations under applicable IMO instruments (III Code, paragraph 63).\nCircular Letter No.3879\nAnnex, page 131\nI:\\C_L\\CL.3879.docx\nRoot cause\n675 The lack of technical personnel and resources. The responsible Government entities had not established any mechanism, such as a quality management system, in order to document a programme for monitoring and evaluating the performance in the conduct of port State activities.\nCorrective action\n676 Key performance indicators (KPIs) will be defined as a measure for performance evaluation in the area of port State activities. Related collection of data will be organized and analysis of KPIs will be conducted annually. A joint audit team from relevant Government entities will be formed and the verification of the performance evaluation will be included in the scope of the audit. The audit covering all port State obligations and activities will be conducted at least once a year, whilst audits of specific areas may be conducted periodically and on an ad-hoc basis. This corrective action will be completed by 30 December 2018.\n', 'FD\n677 There was no objective evidence to confirm compliance with a number of requirements of the IMDG Code, such as appointment of a Competent Authority for handling matters related to dangerous goods in accordance with chapter 7.9.1.2, as well as training shore based personnel engaged in the transportation of dangerous good under chapter 1.3.1 of the IMDG Code (SOLAS 1974, regulation VII/3; IMDG Code, section 1.3.1; IMDG Code, chapter 7.9; III Code, paragraph 54; III Code, paragraph 55).\nRoot cause\n678 Maritime affairs, particularly transport of dangerous goods, were not prioritized at the national level and there was a lack of awareness, competent personnel and insufficient financing for the implementation of the requirements stemming from the IMDG Code.\nCorrective action\n679 Maritime affairs have been given higher priority at the national level, including transport and handling of dangerous goods, additional personnel has been recruited and is being trained. In addition, the responsible Ministry will set up a documented procedure and a central electronic system, incorporating a module which can record, document and provide reports on steps taken for promulgating, enacting, implementing and enforcing provisions stemming from the IMDG Code, including appointment of a Competent Authority for handling matters related to dangerous goods and training of shore-based personnel engaged in the transportation of dangerous good. All relevant entities of the State will mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by the end of July 2019.\n', 'FD\n680 There were no policy and procedures in place for the State to periodically evaluate its performance in respect of exercising its rights and meeting its obligations under the mandatory IMO instruments as a port State (III Code, paragraph 63).\nCircular Letter No.3879\nAnnex, page 132\nI:\\C_L\\CL.3879.docx\nRoot cause\n681 Maritime affairs, particularly port State matters, were not prioritized at the national level and there was a lack of competent personnel and insufficient financing for the implementation of a documented system for training, qualification and control of personnel involved with port State management and control.\nCorrective action\n682 Maritime affairs have been given higher priority at the national level, including port State matters. Additional personnel has been recruited and is being trained. The responsible Ministry will set up a documented procedure and a central electronic system, incorporating a module which can record, document and provide reports on steps taken for periodic performance evaluation in the area of port State activities, with the involvement of all relevant national stakeholders. All relevant entities of the State will be mobilize human and financial resources, responsibilities for the electronic system will be assigned and arrangements will be made to ensure ongoing monitoring and review. This corrective action will be completed by 31 December 2018.\n', 'FD\n683 There was no objective evidence to show that the national legislation, guidance and procedures put in place with regard to reception facilities and PSC inspections were adequate to ensure the effective application of those requirements (SOLAS 1974, regulation I/19; MARPOL, Annex I, regulation 11; MARPOL, Annex I, regulation 38.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 55).\nRoot cause\n684 The maritime administration has not fully complied with the requirements for the provision of port facilities. Within the maritime administration the knowledge of these obligations and the monitoring of the various IMO instruments was inadequate. A documented procedure or a directive specifying the division of responsibilities within the maritime administration in relation to the company in charge of port operations had not been developed\nCorrective action\n685 The maritime administration will draft and implement formalized procedures concerning port reception facilities and their monitoring, in connection with the port operating company of the State, making sure to clarify the responsibility of the personnel within the maritime administration. This corrective action will be completed by 30 September 2018.\n', 'FD\n686 The maritime administration had not prepared or put in place a PSC programme consistent with resolution A.1052(27), taking into account later revisions, comprising, inter alia, policies, criteria, procedures and instructions for carrying out PSC inspections and a training programme relating thereto (III Code, paragraph 60).\nRoot cause\n687 The following factors contributed to this finding:\nCircular Letter No.3879\nAnnex, page 133\nI:\\C_L\\CL.3879.docx\n.1 the State did not have sufficient knowledge of IMO instruments for port State control and the consequences in terms of staffing to meet these obligations internally; and\n.2 the State does not have enough trained personnel to meet the requirements of the international regulations and has not established a documented procedure for administering a clean and compliant monitoring programme for the PSC.\nCorrective action\n688 The maritime administration has formally decided to no longer conduct port State control inspections. This corrective action will be completed by 31 January 2018.\n', 'FD\n689 The maritime administration did not implemented policies through issuing national legislation and guidance, which will assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which it is Party; nor had assigned responsibilities to update and revise any policies adopted, as necessary, for the fulfilment of its obligations as a port State (III Code, paragraph 54; III Code, paragraph 55).\nRoot cause\n690 There was a lack of financial resources and personnel with technical expertise to define the policies on port State activities.\nCorrective action\n691 A restructuring of the responsible entity of the maritime administration will be carried out and a responsible unit will be created to formulate policies and procedures; to ensure that the set criteria are followed for the promulgation of national guidelines in accordance with the amendments to the applicable IMO instruments to which the State is Party, in relation to port State activities; and to coordinate with other entities of the State with responsibilities in the port State activities. The need for human and financial resources will also be assessed and resources will be provided accordingly. This corrective action will be completed by 18 August 2018.\n', 'FD\n692 Although the State is Party to MARPOL, Annexes I, II, IV and V, the existence of facilities for the reception of noxious liquid substances and sewage was not verified (MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulation 12.1; III Code, paragraph 56.1).\nRoot cause\n693 The State failed to provide adequate reception facilities under MARPOL Annexes II and IV at the ports of the State owing to a lack of financial resources.\nCorrective action\n694 An inter-institutional working group will be established to determine the responsibilities among the entities of the State. An adequacy and cost analysis of the reception\nCircular Letter No.3879\nAnnex, page 134\nI:\\C_L\\CL.3879.docx\nfacilities, in accordance with MARPOL will be carried out, including the consideration of type of facilities and equivalents and alternative arrangements. Policies, procedures and instructions will be developed and implemented to authorize external contractors to determine what type of environmental authorization will be granted, who will monitor authorized companies, who will ensure the final disposal, and where the final disposal of collected waste will be made. In addition, a monitoring and control mechanism will be adopted in relation to the measures taken by the entities to fulfil their obligations. On a provisional basis, private companies have been licensed to provide reception facilities for chemical waste (MARPOL Annex II) and to provide a plant with reception facilities for sewage (MARPOL Annex IV). This corrective action will be completed by 2 October 2019.\n', 'FD\n695 The maritime administration had not adopted the latest amendment to the IMDG Code. Furthermore, the existence of legislation, administrative instructions or guidelines ensuring that the maritime administration will comply with the requirements of the IMSBC Code and verification of compliance of ships carrying cargo that are regulated by the Grain Code was not verified (SOLAS 1974, regulation VII/3; Grain Code, paragraph 3.5; III Code, paragraph 57).\nRoot cause\n696 Owing to the lack of human and financial resources, a mechanism for monitoring amendments to the applicable IMO instruments could not be implemented.\nCorrective action\n697 The responsible entity of the maritime administration will be restructured in order to assign the responsibilities for coordination of activities with other entities of the maritime administration to one of its divisions. A mechanism will be developed and implemented, based on written procedures that will ensure the transposition of amendments to the applicable IMO instruments in a timely manner, as well as monitoring and follow-up of future amendments. The need to recruit additional personnel and to provide additional funding for the maritime administration will be considered and additional resources will be provided accordingly. Amendments to the IMDG and IMSBC codes will be enacted and implemented through resolutions. Similar actions will be taken with regard to the Grain Code. This corrective action will be completed by 16 October 2018.\n', 'FD\n698 The maritime administration had not carried out a periodic evaluation of its performance in respect of exercising its rights and meeting its obligations as a port State (III Code, paragraph 63).\nRoot cause\n699 There was no management system in place to evaluate the performance of the maritime administration in the conduct of port State activities.\nCorrective action\n700 A mechanism will be established in order to ensure coordination among the government entities who share the responsibility for port State matters. Through this mechanism, clear lines of authority will be set, responsibilities assigned, as well as goals and\nCircular Letter No.3879\nAnnex, page 135\nI:\\C_L\\CL.3879.docx\nkey performance indicators defined for all involved entities to measure their performance within their respective management systems. This mechanism will be a part of the overall evaluation of performance under the new strategy. This corrective action will be completed by 4 October 2019.\n', 'FD\n701 The State did not define and implement policies through issuing national legislation and guidance for provision of port reception facilities and handling of dangerous goods. Existing legislation on PSC was not in line with the mandatory requirements. In addition, the State did not establish port reception facilities for bulk hazardous materials as required by MARPOL Annex II (SOLAS 1974, regulation I/19; SOLAS 1974, regulation VII/2.4; MARPOL, Annex II, regulation 18.1; III Code, paragraph 54).\nRoot cause\n702 The lack of national legislation covering reception facilities and handling of dangerous goods. Lack of documented procedure for the monitoring and control of port reception facilities. There was a misunderstanding with regard to the scope of activities in relation to PSC inspections\nCorrective action\n703 The maritime administration will enact national legislation and establish procedures and guidance for monitoring of port reception facilities and handling of dangerous goods. Port reception facilities for hazardous materials in bulk, in accordance with the requirements of MARPOL, Annex II will be established. Competent authorities as required by IMDG and IMSBC codes will be designated and all relevant requirements of both codes will be implemented. Existing national legislation regulating PSC activities will be amended in order to bring it in line with the provisions of the mandatory IMO instruments. This corrective action will be completed by 31 December 2019.\n', "FD\n704 There was no evidence that the maritime administration fulfilled the requirements of the IMDG Code, particularly regarding the following areas:\n.1 a special list or manifest setting forth the dangerous goods on board and location thereof were not made available to the maritime administration before the ship's departure;\n.2 training programme for shore-based personnel engaged in dangerous goods related matters;\n.3 management system covering activities related to the handling of dangerous goods; and\n.4 detailed instructions on emergency response and emergency medical care required in case of an incident owing to dangerous goods\n(SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragraph 57).\nCircular Letter No.3879\nAnnex, page 136\nI:\\C_L\\CL.3879.docx\nRoot cause\n705 The State obligations and responsibilities set out in the IMDG Code were not fully identified and implemented through national legislation\nCorrective action\n706 The maritime administration will review the IMDG Code in order to identify and implement all relevant obligations through national legislation. In addition, the maritime administration will develop and implement detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form. A training programme for shore-based personnel engaged in the transport of dangerous goods will be set and all relevant personnel will receive required training. A management system covering activities related to handling of radioactive material, as a minimum, will be established and maintained. Implementation of all requirements relating to handling of dangerous goods will be monitored in cooperation among the relevant entities. This corrective action will be completed by 31 December 2018.\n", 'FD\n707 No objective evidence has been found of the existence of legislation, guidance and procedures for implementation and verification within the framework of PSC. Furthermore, the division of responsibilities and coordination between the government agencies taking part in port Sate activities was not clearly defined and affected the respective performance (III Code, paragraph 54.1; III Code, paragraph 54.2; III Code, paragraph 55).\nRoot cause\n708 There was insufficient technical capacity and clear responsibilities between the different entities were not assigned.\nCorrective action\n709 The maritime administration will implement the following corrective actions:\n.1 a memorandum of cooperation will be signed between the responsible entities to establish responsibilities, duties and procedures on PSC issues, including clear lines of communication, monitoring and qualifications of PSCOs and actions to be taken in case of misconduct and PSCOs job descriptions;\n.2 national regulations on PSC operational matters and those related to the effective implementation of the IMDG and IMSBC codes will be included in the priority plan for the development of national regulations, in order to assign responsibilities and establish coordination between the government agencies taking part in port Sate activities; and\n.3 a diagnostic study will be conducted to determine the number of PSCOs needed to fulfil the international obligations and new technical staff will be employed accordingly.\nThis corrective action will be completed by 1 June 2019.\nCircular Letter No.3879\nAnnex, page 137\nI:\\C_L\\CL.3879.docx\n', 'FD\n710 The Administration did not establish processes to administer a PSC programme in order to ensure that the PSCOs are trained and qualified in accordance with relevant procedures adopted by IMO (III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n711 The responsibilities of the involved entities had not been assigned and there was a lack of awareness of the required qualifications for PSCOs.\nCorrective action\n712 The maritime administration will implement the following corrective actions:\n.1 a training programme for the new PSCOs and for the continuous updating of the PSCOs knowledge will be developed and implemented, based on IMO resolutions, IMO model course and the provisions of the regional MoU on PSC. A system for PSCOs evaluation of performance will also be implemented; and\n.2 the existing training courses will be reviewed with the aim of including the missing content. Furthermore, a request for technical assistance will be coordinated with the Secretariat of the regional MoU on PSC, in order for an advance training workshop to be delivered.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n713 The various entities that compose the maritime administration had certain indicators in use to evaluate their performance; however, there was no evidence of a periodic evaluation of their performance in respect of port State obligations under the applicable international instruments (III Code, paragraph 63).\nRoot cause\n714 There was an absence of specific documented procedures and lack of coordination among the different entities that compose the maritime administration.\nCorrective action\n715 The maritime administration will implement the following corrective actions:\n.1 in developing an overall State strategy, specific procedures for relevant entities will be adopted, in order to periodically evaluate their performance in conducting port State activities, individually and collectively; and\n.2 problematic areas and non-conformities which may hinder the implementation and enforcement of port State obligations under IMO instruments to which the State is Party will be identified, based on the analysis of objectives, key performance indicators and risks conducted in accordance with relevant procedures, as a basis for continual improvement.\nCircular Letter No.3879\nAnnex, page 138\nI:\\C_L\\CL.3879.docx\nThis corrective action will be completed by 30 December 2018.\n', 'FD\n716 Although the State had authorized service providers for the reception of oil residues and garbage, there was no evidence that an evaluation had been carried out of reception capability in accordance with the guidelines of the Organization and its ports were found not to be equipped with the appropriate reception facilities or equivalent arrangements for the reception of sewage from ships (MARPOL, annex IV, regulation 12.1; III Code, paragraph 55; III Code, paragraph 56.1).\nRoot cause\n717 There was a lack of documented procedures for the evaluation of adequacy of the reception facilities; lack of specialized personnel; lack of financial resources for the full implementation of the obligations; and clear responsibilities of the various entities were not assigned.\nCorrective action\n718 The responsible entities of the maritime administration will:\n.1 establish adequate mechanisms to evaluate actual facilities in each port and to determine the capacity needed for reception facilities/service providers, according to the collected statistical data on the ships calling at the ports and the type of residues they requested to discharge; and\n.2 establish appropriate reception facilities, as well as human and financial resources, through the revised master plan for port reception facilities, including facilities for the collection of oily residues, sewage, noxious liquid substances and garbage from ships. These reception facilities will be available through authorized service providers, duly registered and supervised by the responsible entity, including the facilities managed by the respective ports. This corrective action will be completed by 30 December 2019.\nI:\\C_L\\CL.4028.docx\nGENERAL\n', "FD\n6 The transposition of the IMO mandatory instruments into national legislation was made by incorporation by reference; however, this did not provide effective monitoring of the amendments coming into force internationally. In addition, referencing to IMO instruments did not ensure that the texts of the mandatory instruments are available for the maritime sector and the stakeholders. In addition there were not sufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 4; III Code, paragraph 8).\nCircular Letter No.4028\nAnnex, page 2\nI:\\C_L\\CL.4028.docx\nRoot cause\n7 There was a lack of financial and human resources, including lack of adequate training, lack of awareness and knowledge on IMO conventions, and responsibilities were not adequately assigned.\nCorrective action\n8 The State's responsible entity will implement the following actions:\n.1 a dedicated unit for IMO issues will be established with appropriate qualified personnel with maritime expertise to assist in the promulgation of necessary legislations and to discharge all the responsibilities of the State. Roles and responsibilities will be defined and assigned to ensure a systematic follow-up of the amendments to the pertinent mandatory IMO instruments. In addition, training and awareness programmes will be periodically conducted for the personnel to update their knowledge on IMO instruments and their amendments;\n.2 measures to allocate necessary yearly budget will be taken to obtain soft copy of the mandatory IMO instruments and for the publication of amendments to the IMO instruments and national legislation through the official website, for the use of maritime sector and stakeholders; and\n.3 a quality management system (QMS) will be developed with appropriate policy and will define various processes and procedures for key functions. In addition, MoUs will be signed with other entities of the State to ensure effective coordination.\nThis corrective action will be completed by 31 December 2021.\n", "FD\n9 There was no objective evidence that the State complied with all the requirements for reporting as required by the mandatory IMO instruments to which the State is a Party (e.g. information on text of laws, orders, decrees and regulations; details of recognized organizations (ROs); provision of reception facilities). Besides, there was not a mechanism in place, including policies, to assign responsibilities and issue instructions, as necessary, to ensure collection of relevant information and communication of mandatory reports to IMO (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; TONNAGE 1969, article 15; LL 1966, article 26; III Code, paragraph 9).\nRoot cause\n10 There was a lack of personnel with appropriate training, knowledge and skills, clear responsibilities were not assigned, and there was a lack of a QMS.\nCorrective action\n11 The State's responsible entity will implement the following actions:\n.1 a dedicated unit for IMO issues will be established and personnel with knowledge, expertise and clear responsibilities will be appointed. Information that has to be communicated to IMO under the relevant IMO instruments and means of communication will be determined and all required information will be provided; and\nCircular Letter No.4028\nAnnex, page 3\nI:\\C_L\\CL.4028.docx\n.2 a QMS will be developed with appropriate policy, which will define various processes and procedures for communication of information to IMO. In addition, QMS will include the coordination with other State entities with responsibilities for communication of information to IMO, as well as periodical training activities for the personnel involved.\nThis corrective action will be completed by 31 December 2021.\n", "FD\n12 Although there was a general governmental instruction dealing with the records of the State, there was no record keeping system based on a documented procedure which defines the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records (III Code, paragraph 10).\nRoot cause\n13 There was insufficient personnel and clear responsibilities were not assigned. Besides, lack of awareness of the requirements and absence of a QMS contributed to this finding.\nCorrective action\n14 The State's responsible entity will implement the following actions:\n.1 a dedicated unit for IMO issues will be established and provisions for record keeping will be defined;\n.2 a QMS will be developed with appropriate policy and procedure for record keeping; and\n.3 coordination with other State's entities will be established in relation to the records to be maintained under the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2021.\n", "FD\n15 There was no objective evidence to demonstrate that the State continually improves the adequacy of the measures which are taken to give effect to those conventions and protocols to which it is a Party. Besides, measures to identify and eliminate the cause of non-conformities to prevent their recurrence had not been taken (III Code, paragragh 11; III Code, paragragh 13; III Code, paragragh 14).\nRoot cause\n16 There was a lack of a national strategy, lack of defined responsibilities and methodologies for periodical evaluation of performance and monitoring in respect of meeting the State's obligations under the applicable IMO instruments. Lack of QMS also contributed to this finding.\nCircular Letter No.4028\nAnnex, page 4\nI:\\C_L\\CL.4028.docx\nCorrective action\n17 The State's responsible entity will implement the following actions:\n.1 a QMS will be developed with appropriate policy, which will define procedures for evaluation of adequacy of measures taken to give effect to IMO instruments to which the State is Party and to identify and eliminate the cause of non-conformities to prevent their recurrence, based on monitoring and defined performance indicators; and\n.2 to ensure continual improvement, the Maritime Council will be reformed to include participation of all relevant organizations, through the responsible Ministry, with defined responsibilities for ensuring continuous cooperation of all involved organizations in the evaluation, review and analysis of non-conformities and for identifying and eliminating their causes to prevent recurrence.\nThis corrective action will be completed by 31 December 2021.\n", "FD\n18 The transposition of amendments to the mandatory IMO instruments was not always carried out prior to their entry into force. A system for monitoring the amendments to ensure that the national legislation was up to date was recently adopted; therefore, its effectiveness could not be verified. In addition, there was insufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragragh 8.1; III Code, paragragh 8.3).\nRoot cause\n19 Responsibility had not been assigned for the adoption of amendments; and in addition, there was insufficient personnel with maritime and legal expertise available.\nCorrective action\n20 The State's responsible entities will establish a mechanism comprising specific and interrelated units, which will be in charge of elaborating and implementing procedures for monitoring the amendments to the applicable IMO instruments, including mandatory codes, and their adoption or incorporation into national legislation. These aforesaid units will carry out a joint analysis of those amendments that had already entered into force to ensure their transposition or adoption; as well as to determine the responsible entities of the State involved in their implementation. The mechanism will ensure coordination among the State's different entities regarding the communication of information to IMO of the texts of new legal instruments that will incorporate or adopt the amendments (existing or new) to the applicable IMO instruments. The responsible entities will establish their respective training, qualification and specialization plans, in order to ensure sufficient qualified personnel, for the implementation of the mechanism for the adoption and monitoring of the amendments to the applicable IMO instruments. This corrective action will be completed by 30 June 2021.\nCircular Letter No.4028\nAnnex, page 5\nI:\\C_L\\CL.4028.docx\n", 'FD\n21 The State did not fulfil all its obligations concerning communication of information to IMO as required by the relevant international instruments to which it is Party (e.g. text of laws, decrees and regulations, specimen of certificates) (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n22 There was a lack of specific procedure for regulating the obligation of communication of information to IMO emanating from the applicable IMO instruments to which the State is Party, including uploading of pertinent information onto the relevant GISIS modules.\nCorrective action\n23 The responsible government entity will be appointed as the focal point for communicating mandatory information to IMO and will develop a procedure and mechanism aiming to:\n.1 identify all communication of information requirements in the applicable IMO instruments and current status of the communication of information by the State;\n.2 identify other entities of the State responsible for communication of information under applicable IMO instruments and establish effective coordination among them so that required information is forwarded to the nodal entity for onward transmission to IMO; and\n.3 identify the method for communication of specific information to IMO and grant the respective authorizations and passwords for uploading relevant information through GISIS.\nThis corrective action will be completed by 1 December 2021.\n', 'FD\n24 There was no mechanism in place to monitor and review the measures taken to effectively implement and enforce the mandatory IMO instruments, including mechanism to ensure that action to be taken to identify and eliminate causes of non-compliance in order to prevent recurrences was adequate (III Code, paragragh 11; III Code, paragragh 13; III Code, paragragh 14).\nRoot cause\n25 There was an absence of specific procedures for continual improvement of the adequacy of the measures which are taken to give effect to the applicable IMO instruments and insufficient human resources.\nCorrective action\n26 The responsible government entity will:\n.1 develop and implement policies through a mechanism for monitoring and reviewing the measures which are adopted to effectively implement and\nCircular Letter No.4028\nAnnex, page 6\nI:\\C_L\\CL.4028.docx\nenforce the IMO instruments to which the State is Party, which will include participation of all government entities with responsibilities in the implementation and enforcement of the said instruments. Within the mechanism, objectives and key performance indicators will be established. A dedicated unit will be responsible for establishing the mechanism; for coordinating all involved State entities; and for its implementation and follow up; and\n.2 develop and implement a procedure to ensure the identification and elimination of the causes of non-compliance with the applicable IMO instruments.\nThis corrective action will be completed by 1 July 2021.\n27 The State had not taken all the necessary measures to monitor its legal system and processes in order to give full and complete effect to the mandatory IMO instruments to which it is Party, in accordance with the general provisions of the treaty law and of IMO conventions (III Code, paragraph 4).\nRoot cause\n28 There was an outdated legal process in place for the ratification of international instruments, which was carried out at the ministerial and not at a higher level of the State.\nCorrective action\n29 The responsible government entity will prepare a draft legislation for regularizing the status of ratification of the mandatory IMO instruments. The draft will then be submitted to the responsible State entities in order to trigger the legal mechanisms for the enactment of the draft into national law. Upon the publication of the Law in the Official Gazette, respective information will be communicated to IMO. A procedure will be established among the responsible State entities for any subsequent international instruments that the State intends to ratify or accede to. This corrective action will be completed by 1 December 2020.\n', "FD\n30 The transposition of amendments to the mandatory IMO instruments, including those amendments that came into force through the tacit amendment procedure, was not always carried out. A system for monitoring the aforementioned amendments to ensure that the national legislation was up to date was not in place and there was insufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; LL PROT 1988, article I; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragragh 8.1; III Code, paragragh 8.3).\nRoot caus\n31 There was an absence of a dedicated unit to monitor and ensure that the amendments to IMO instruments were transposed into national legislation prior to their entry into force internationally; and, in addition, there was insufficient personnel with maritime (technical and legal) expertise available.\nCircular Letter No.4028\nAnnex, page 7\nI:\\C_L\\CL.4028.docx\nCorrective action\n32 The State's responsible entity will implement the following actions:\n.1 a mechanism for tracking amendments to the mandatory IMO instruments will be developed to ensure timely transposition or adoption of the amendments into national legislation, and it will include carrying out an analysis of the amendments that have already entered into force internationally;\n.2 the tracking mechanism will include coordination among the different entities of the State with responsibility for the implementation and enforcement of said amendments, as well as provisions to ensure coordination regarding communication to IMO of new legal texts through which the amendments are adopted. It will be included in the overall strategy to be developed; and\n.3 a legal department will be established comprising competent personnel with sufficient maritime legal knowledge. In addition, induction and training programmes for the new personnel and support staff will be developed and implemented regarding the mechanism for tracking amendments to the mandatory IMO instruments.\nThis corrective action will be completed by 15 November 2020.\n", "FD\n33 The State did not communicate information to IMO as required by the relevant international instruments to which it is Party (e.g. text of laws, decrees and regulations, specimen of certificates and independent evaluation under STCW 1978) (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/7.4; STCW 1978, regulation I/8.3; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n34 There was a lack of knowledge on the obligations related to the communication of information to IMO stemming from the mandatory IMO instruments to which the State is Party, as well as lack of a system in place for uploading of pertinent information to the relevant GISIS modules.\nCorrective action\n35 The nodal government entity will appoint its legal department as the responsible focal point for communicating mandatory information to IMO and will develop a mechanism, which will be included in the overall strategy, aiming to:\n.1 identify all communication of information requirements in the applicable IMO instruments and current status of communication of information by the State;\n.2 identify other entities of the State responsible for communication of information under applicable IMO instruments and to establish an effective coordination among them, so that required information is forwarded to the State's entity responsible for onward transmission to IMO; and\nCircular Letter No.4028\nAnnex, page 8\nI:\\C_L\\CL.4028.docx\n.3 establish necessary communication of information through GISIS and assign requisite authorizations and passwords.\nThis corrective action will be completed by 1 February 2020.\n", 'FD\n36 There was no documented procedure in place to regulate which records were to be maintained and the necessary methods for the identification, storage, protection, retrieval, retention time and disposition of the records (III Code, paragraph 10).\nRoot cause\n37 There was an outdated procedure on record keeping, which did not include the requirements of the III Code.\nCorrective action\n38 The responsible government entity will develop a procedure for record keeping in accordance with the requirements of paragraph 10 of the III Code and will coordinate with other entities of the State to determine the type of records that are necessary to be maintained. New record keeping procedure will be implemented by all relevant State entities for their activities stemming from the relevant IMO instruments. This corrective action will be completed by 1 February 2020.\n', 'FD\n39 There were no mechanisms in place to monitor and review the measures taken to effectively implement and enforce the mandatory IMO instruments, including:\n.1 mechanisms to stimulate a culture in order to improve the performance of its maritime safety and environmental protection activities; and\n.2 mechanism to ensure action to be taken to identify and eliminate causes of non-compliance\n(III Code, paragragh 11; III Code, paragraph 12; III Code, paragraph 13).\nRoot cause\n40 There was a lack of guidelines and internal regulations and insufficient human resources\nCorrective action\n41 The responsible government entity will:\n.1 develop and implement a mechanism, including necessary coordination and follow-up measures, to stimulate a safety culture, taking into account the provisions of the III Code. In addition, such mechanism will include provisions for monitoring and reviewing the measures which are adopted to effectively implement and enforce the applicable IMO instruments, and the participation will be ensured of all government entities with responsibilities in the\nCircular Letter No.4028\nAnnex, page 9\nI:\\C_L\\CL.4028.docx\nimplementation and enforcement of the said instruments, based on set objectives and key performance indicators.\n.2 develop and implement a procedure to ensure the identification and elimination of the causes of non-compliance with the requirements of the mandatory IMO instruments. The aforementioned mechanism will be part of the monitoring and evaluation system that will be established as part of the new overall strategy.\nThis corrective action will be completed by 1 December 2020.\n', 'FD\n42 Several of the applicable IMO instruments were not promulgated. In addition, the State had not given full and complete effect to applicable IMO instruments, including their amendments, through enacting appropriate national legislation. There was no evidence of an effective system of monitoring of amendments and their entry into force in order to keep national legislation up to date (SOLAS 1974, article I; MARPOL, article 1; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8).\nRoot cause\n43 The following factors contributed to this finding:\n.1 it was not considered a high priority to promulgate and incorporate the applicable IMO instruments into national legislation, due to the fact that, since 1997, there was no convention size ship entitled to fly the flag of the State; and\n.2 there was a lack of conviction of the need to monitor amendments to the applicable IMO instruments adopted through the tacit amendment procedure and to incorporate them expressly into national legislation.\nCorrective action\n44 The State will implement the following actions:\n.1 as international treaties become part of the constitutional order of the State upon their promulgation in the Collection of International Treaties, the required legal processes will be completed and the following applicable IMO instruments will be promulgated: COLREG 1972, LL 1966, TONNAGE 1969 and SOLAS 1974;\n.2 the relevant national laws (primary or secondary legislation) will be amended in order to include national provisions related to those areas where the applicable IMO instruments are silent (e.g. responsibilities for implementation, enforcement provisions, sanctions, areas left to the satisfaction of administration);\n.3 a system for tracking amendments to the applicable IMO instruments will be put in place and related responsibilities assigned, as a basis for the incorporation of amendments entering into force under the tacit amendments procedure into national legislation;\nCircular Letter No.4028\nAnnex, page 10\nI:\\C_L\\CL.4028.docx\n.4 all applicable IMO instruments included in the scope of the Scheme, including their amendments, will be given full and complete effect through their transposition/incorporation into national legislation. The coordination of all involved departments/entities of the State will be established in order to meet the target deadlines; and\n.5 sufficient resources will be provided for translation and implementation, including additional personnel supplementing the Maritime Division, if necessary, to ensure this process is effectively carried out.\nThis corrective action will be completed by 31 December 2023.\n', 'FD\n45 The State had not fulfilled all of its communication of information obligations under applicable IMO instruments (SOLAS 1974, article III; MARPOL, article 11; III Code, paragraph 9).\nRoot cause\n46 There was a lack of national legislation, policies and instructions providing the basis for the establishment of mechanisms for reporting to IMO under the applicable IMO instruments, as required.\nCorrective action\n47 The State will implement the following actions:\n.1 the mandatory information will be communicated to IMO after the incorporation and promulgation of the applicable IMO instruments, as amended, into the national legal framework; and\n.2 the reporting requirements under all applicable IMO instruments will be identified and procedures will be drafted, approved and implemented, which will describe the responsibilities assigned and actions to be taken in submitting mandatory reports to IMO.\nThis corrective action will be completed by 31 December 2023.\n', 'FD\n48 There was evidence that a process was not in place to monitor amendments to the applicable IMO instruments and to give effect to them in a timely manner so as to keep the national legislation up to date (SOLAS 1974, article I; MARPOL, article 1; III Code, paragraph 8).\nRoot cause\n49 The Administration did not have a mechanism to monitor the amendments to mandatory IMO instruments and could not transpose these amendments into national legislation in a timely manner since the current procedures were lengthy.\nCorrective action\nCircular Letter No.4028\nAnnex, page 11\nI:\\C_L\\CL.4028.docx\n50 The existing procedure for obtaining approval from the Government for application of amendments to IMO instruments as well as for promulgation of national legislation in the official gazette will be reviewed. In addition, a new procedure will be adopted by which responsibilities will be assigned to monitor the amendments to the applicable mandatory IMO instruments and to promulgate corresponding national legislation in a timely manner. This corrective action will be completed by 31 December 2019.\n', 'FD\n51 There was no evidence that the State had developed and promulgated regulations to incorporate amendments to applicable IMO instruments into national legislation, as a basis for enforcement of related requirements (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; III Code, paragraph 8.1).\nRoot cause\n52 The law that amended the Maritime Code did not contain any provision incorporating the requirements of the applicable, new or amended, mandatory IMO instruments and no procedure had been established for developing laws and regulations for the purpose of incorporating the requirements of the mandatory IMO instruments into national legislation.\nCorrective action\n53 The State will review and amend the current Maritime Code to incorporate all the amendments to the mandatory IMO instruments to which it is Party, including the mandatory codes and recommended guidelines, as appropriate. The State will develop and document the procedures to provide guidance on the steps to be taken and to define the responsibilities of each of the entities comprising the maritime administration, in order to incorporate new or amended mandatory IMO instruments into national legislation within the relevant time frame. This corrective action will be completed by 31 December 2020.\n', 'FD\n54 The State did not fulfil its obligations to provide IMO with information regarding legislation, model certificates and annual reports under MARPOL, and there was no system in place to collect relevant data for the submission of mandatory reports to IMO and to monitor compliance (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; LL 1966, article 26; III Code, paragraph 9).\nRoot cause\n55 There was a lack of understanding of the scope of information and mandatory reports to be communicated to IMO and their references in the mandatory IMO instruments, as well as the absence of the assignment of responsibility for the communication of these reports to IMO between the entities of the State. There was no documented procedure to identify and address the requirements related to communication of information and mandatory reports to IMO.\nCircular Letter No.4028\nAnnex, page 12\nI:\\C_L\\CL.4028.docx\nCorrective action\n56 The maritime administration will implement the following measures:\n.1 create a department within the Maritime and Port Agency to, inter alia, identify, compile and communicate to IMO the mandatory information and reports, including through GISIS; and\n.2 develop and establish a documented procedure for the communication of mandatory information to IMO and assign relevant duties and obligations to responsible entities of the maritime administration.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n57 There was no documented procedure in place for defining the controls necessary to identify, store, protect and retrieve records and to determine the retention time (III Code, paragraph 10).\nRoot cause\n58 There was no regulatory provisions for the management of records and for the associated procedures to be documented. There was a lack of awareness of the related requirements of the III Code.\nCorrective action\n59 The maritime administration will establish a system for managing documents, in accordance with the relevant laws and regulations of the State for archiving, which will provide electronic storage and retrieval of documents or files. Rules and procedures will be determined and implemented, and the system will be evaluated and reviewed on a regular basis. This corrective action will be completed by 31 December 2019.\n', 'FD\n60 The State had no mechanism or documented procedure in place to monitor, review and improve the measures taken to give effect to the mandatory IMO instruments to which it is Party and to take measures to identify and remove causes of non-conformities (III Code, paragragh 11; III Code, paragragh 13).\nRoot cause\n61 There was a lack of awareness of the requirements of the III Code and lack of analysis tools to identify and eliminate the cause of non-conformities.\nCorrective action\n62 The overall maritime strategy that will be developed and established by the State will institutionalize a system of evaluation and review of the activities of the ministerial departments involved in the implementation and enforcement of the mandatory IMO instruments. In addition, each entity of the State comprising the maritime administration will develop and implement a documented procedure for the analysis and monitoring of non-conformities, which will be accompanied, among other actions, by the training of its personnel in quality management. This corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 13\nI:\\C_L\\CL.4028.docx\n', 'FD\n63 There was no evidence to establish that the independent evaluation required by regulation I/8 of the 1978 STCW Convention had been carried out and that the results had been communicated to IMO (STCW 1978, regulation I/8.3; III Code, paragraph 9).\nRoot cause\n64 The Administration had not established a procedure for the independent evaluation and for communication of results to IMO within the time frame required by the 1978 STCW Convention.\nCorrective action\n65 An independent evaluation of the implementation of the 1978 STCW Convention was carried out in January 2018 and the report was sent to IMO. In addition, the Administration will develop and implement a documented procedure for the conduct of an independent evaluation and its communication to IMO at five-year intervals. This corrective action will be completed by 31 December 2019.\n', 'FD\n66 There was no evidence that the State had fulfilled its obligation to communicate the mandatory information to IMO, including texts of laws, decrees and regulations; information on ROs and details of port reception facilities (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n67 Reporting requirements had not been effectively incorporated into national legislation. In addition, the maritime administration did not define and document the responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to ship safety and pollution prevention. There was also a general lack of administrative mechanism in place to ensure formal communication to IMO of the instruments promulgated by the State.\nCorrective action\n68 The responsible entity of the State will both develop a formal written procedure and a central recording system in order to record communication to IMO of the text of laws, orders, decrees, regulations and other instruments which are promulgated on various matters within the scope of the relevant IMO instruments. All reporting requirements under the mandatory IMO instruments will be identified and appropriate legislation will be included in the new Shipping Act to ensure they are complied with. A dedicated official will be appointed to liaise with all involved entities of the State and to manage all communication of information to IMO, including through the relevant GISIS modules. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 14\nI:\\C_L\\CL.4028.docx\n', 'FD\n69 The State had not promulgated all mandatory IMO instruments including their amendments entering into force under the tacit amendment procedures. The maritime administration did not have sufficient legal and technical personnel with maritime expertise available for the promulgation of national legislation and for discharging all the responsibilities of the State under the mandatory IMO instruments to which it is Party (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; III Code, paragragh 4; III Code, paragragh 8).\nRoot cause\n70 There was a lack of technical capacity, insufficient organization and financing for development of the strategy for the implementation and enforcement of the mandatory IMO instruments. There was also a lack of will to allow inter-agency cooperation on maritime issues. Qualified and experienced personnel were not moved to join the maritime administration as the remuneration for these posts was not attractive.\nCorrective action\n71 The State will:\n.1 expedite the process of enacting its new Shipping Act, which will take into account the mandatory IMO instruments and will include appropriate legislation for their implementation and enforcement;\n.2 develop and implement a process to monitor amendments to the mandatory IMO instruments and to draft implementing legislation, where necessary. This process will be documented as part of an overall QMS of the nodal responsible entity of the State;\n.3 develop a strategy to ensure training of existing staff, as well as recruiting additional skilled personnel;\n.4 incorporate amendments to SOLAS 1974, the Annexes to MARPOL, STCW 1978, LL 1966, COLREG 1972 and TONNAGE 1969 into national legislation;\n.5 develop a mechanism through which the responsible Ministry will monitor and evaluate the regulatory activity of relevant entities of the maritime administration relating to the fulfilment of the obligations under the mandatory IMO instruments. Relevant entities of the maritime administration will submit an annual report to the Minister on their assessment of maritime safety and protection of the marine environment activities, based on approved criteria for their performance; and\n.6 foster inter-agency strengthening by conducting meetings on a regular basis to deal with maritime safety and marine pollution prevention from ships. They will facilitate efficient drafting and incorporation of IMO instruments into national legislation.\nThis corrective action will be completed by 31 December 2021.\nCircular Letter No.4028\nAnnex, page 15\nI:\\C_L\\CL.4028.docx\n', 'FD\n72 No documented procedure was in place to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records. Records were found not to be always legible nor appropriately stored and protected (III Code, paragraph 10).\nRoot cause\n73 The following factors contributed to this finding:\n.1 a retention and disposition schedule were not developed to control the records and files were not handled in an appropriate way, including recording their movement and creation of temporary files; and\n.2 there was a shortage of personnel.\nCorrective action\n74 The responsible government entities will:\n.1 review and issue or update, as appropriate, documented procedures defining control of records in accordance with the requirements of the III Code;\n.2 create a retention and disposition schedule to control and account for the records, in accordance with the laws and regulations that govern all shipping records;\n.3 revamp the current filing system and create a system to control the opening, movement and proper handling of files, including the introduction of electronic record keeping; and\n.4 train involved staff on the registry system and procedures.\nThis corrective action will be completed by 31 December 2018.\n', 'FD\n75 There was no evidence that the responsible entity of the State had maintained a quality standard system nor its independent periodical evaluation. Also, the results of the evaluation and information on implementation of mandatory amendments to the STCW Convention were not communicated to IMO (STCW 1978, regulation I/7; STCW 1978, regulation I/8.3; III Code, paragraph 9).\nRoot cause\n76 The Administration was in the process of developing its QMS, however, it was not completed due to insufficient funding and shortage of resources. Due to the same cause, information on the implementation of mandatory amendments to STCW 1978 was not communicated to IMO in the prescribed intervals.\nCircular Letter No.4028\nAnnex, page 16\nI:\\C_L\\CL.4028.docx\nCorrective action\n77 The Administration will develop a quality standards system as required under STCW 1978. All reporting requirements and amendments to the 1978 STCW Convention will be reviewed and necessary procedures will be developed and included in QMS. Upon completion of QMS, an independent evaluation, as required under STCW 1978, will be organized and the results thereof reported to IMO. Information on the implementation of amendments to STCW 1978 will be communicated to IMO in accordance with regulation I/7 of the Convention. This corrective action will be completed by 31 December 2019.\n', 'FD\n78 No sufficient evidence was available to establish the legal basis for the arrangements made to implement and enforce the IMO instruments to which the State is Party (III Code, paragragh 8.1; III Code, paragragh 8.2).\nRoot cause\n79 Due to a lack of clear understanding of the legal basis for the delegation of powers to different entities in the State for the implementation and enforcement of the mandatory IMO instruments, sufficient detailed evidences about the legal basis and delegation of authority could not be provided during the audit.\nCorrective action\n80 In order to clarify the legal basis and the extent of the delegated authority, as well as to avoid confusion between the entities performing different roles in the State, the document indicating the delegation of authority will be suitably revised by the responsible authority and the extent of delegated authority will be clearly documented. This corrective action will be completed by 31 December 2017.\n', 'FD\n81 There was no mechanism in place for effecting continual improvement of the adequacy of measures taken to give effect to the mandatory IMO instruments to which the State is Party (III Code, paragraph 11).\nRoot cause\n82 The State did not have a clear policy or requirement, including designation of an entity to coordinate and provide oversight, for effecting continuous improvement in the implementation and enforcement of the requirements stemming from the mandatory IMO instruments. There was also no arrangement for evaluation and monitoring of the entities entrusted with the implementation and enforcement duties.\nCorrective action\n83 The nodal Ministry will assign responsibilities to provide oversight for effecting continuous improvement in the implementation and enforcement of the requirements stemming from mandatory IMO instruments, as well as for the evaluation and monitoring of the entities entrusted with the implementation and enforcement duties. Furthermore, the Ministry will develop and implement policy and guidelines for evaluation and monitoring of the implementation and enforcement processes in relation to the requirements stemming from the mandatory IMO instruments. This corrective action will be completed by 30 June 2020.\nCircular Letter No.4028\nAnnex, page 17\nI:\\C_L\\CL.4028.docx\n', 'FD\n84 Appropriate national legislation was not promulgated to give full and complete effect to all the mandatory IMO instruments to which the State is Party (MARPOL, article 1; STCW 1978, article I; III Code, paragraph 8).\nRoot cause\n85 There was a delay in promulgating national legislation for the amendments to the mandatory IMO instruments entering into force under the tacit acceptance procedure, due to the absence of a regulatory monitoring process and lack of dissemination of information to the concerned government entities. One of the reasons was the lack of communication between competent authorities of the State in relation to drafting and promulgating amendments to maritime legislation in a timely manner. Furthermore, the responsibilities and functions within the Government for performing these tasks were not specifically assigned.\nCorrective action\n86 The responsible entity will undertake the following actions:\n.1 establish a regulatory monitoring process to identify amendments to the mandatory IMO instruments and transpose them into national law in a timely manner;\n.2 improve the level of cooperation between the competent authorities of the State and clearly identify the division of responsibilities among competent authorities; and\n.3 amend relevant national laws in order to transpose the provisions of the mandatory IMO instruments and their amendments adopted through the tacit acceptance procedure in a timely fashion.\nThis corrective action will be completed by 30 June 2020.\n', 'FD\n87 Adequate measures were not in place to fulfil the obligations for communication of information to IMO, as required under the mandatory IMO instruments to which the State is Party. In addition, the independent evaluation as required by regulation I/8 of STCW 1978 was not carried out and submitted to IMO (SOLAS 1974, article III; STCW 1978, regulation I/8.3; TONNAGE 1969, article 15; III Code, paragragh 8.3; III Code, paragragh 9).\nRoot cause\n88 The absence of written procedures and a comprehensive system in the State to fulfil the obligations to communicate and provide information as required by the mandatory IMO instruments contributed to this finding. Furthermore, the responsibility for carrying out independent evaluation as required by regulation I/8 of STCW 1978 and forwarding the evaluation report to IMO was not assigned to an appropriate competent maritime authority in the State in the absence of national regulations implementing requirements of STCW 1978.\nCircular Letter No.4028\nAnnex, page 18\nI:\\C_L\\CL.4028.docx\nCorrective action\n89 The nodal ministry will establish a documented system and a procedure to fulfil the obligations of communication of information to IMO under the mandatory IMO instruments. The responsible entities of the maritime administration will designate officers to improve the level of communication of mandatory information to IMO in accordance with the requirements. This corrective action will be completed by 31 December 2019.\n', 'FD\n90 The State had not communicated its national legislation to all entities involved in the implementation and enforcement of the mandatory IMO instruments (III Code, paragraph 9).\nRoot cause\n91 The absence of a documented procedure for providing national legislation to all entities concerned and inadequate cooperation and exchange of information between responsible entities led to this finding.\nCorrective action\n92 The nodal Ministry will ensure that documented procedures will be developed and implemented through the QMS of the responsible entities of the maritime administration to ensure that the relevant national legislation is communicated to all entities involved in the implementation and enforcement. This corrective action will be completed by 30 June 2019.\n', 'FD\n93 The State did not establish and maintain appropriate records to provide evidence of conformity to requirements under the mandatory IMO instruments and of the effective operation of the State (III Code, paragraph 10).\nRoot cause\n94 The entities that were a part of the maritime administration did not establish procedures for record-keeping, due to inadequate resources and a lack of technical know-how to ensure efficient management of data.\nCorrective action\n95 The entities that are a part of the maritime administration will establish and formalize a management system aligned with the ISO 9001 standards and will create a document management system that will allow electronic storage and retrieval of documents or files. This corrective action will be completed by 30 June 2019.\n', 'FD\n96 There was no evidence to establish that periodical independent evaluation required by regulation I/8 of the 1978 STCW Convention and communication of its results to IMO were effectively carried out (STCW 1978, article IV; STCW 1978, regulation I/8.3; III Code, paragraph 9).\nCircular Letter No.4028\nAnnex, page 19\nI:\\C_L\\CL.4028.docx\nRoot cause\n97 The independent evaluation as required by regulation I/8.3 of STCW 1978 was carried out but not submitted to IMO due to the lack of appropriate competent authority and absence of national regulations implementing requirements of STCW 1978.\nCorrective action\n98 A system will be established in the QMS of the Administration for periodical evaluation and reporting in accordance with the requirements of STCW 1978. The establishment of a new regulatory authority will facilitate the upcoming adoption of national regulations implementing the requirements of STCW 1978 and will enable the independent evaluation to take place as required by regulation I/8.3 of STCW 78 and to submit to IMO on a regular basis. This corrective action will be completed by 30 June 2019.\n', 'FD\n99 There was no evidence that the State stimulated a culture which provides opportunities for improvement of performance, for example through regional and national drills on safety and pollution prevention, and no coordination was established among the entities which share responsibility in the maritime field (III Code, paragraph 12.2).\nRoot cause\n100 Although the State had agreements with relevant States in the region on safety and pollution prevention, drills were not carried out due to lack of coordination between relevant national entities in the State.\nCorrective action\n101 The responsible entity will prioritize the development, drafting, adoption and enforcement of a comprehensive law relating to marine pollution prevention and response. This will be based on available model laws and shall comprehensively address all aspects of MARPOL, including latest amendments. Directives will be issued to the ports by the responsible authority, for them to undertake adequate measures in relation to all aspects of marine pollution preparedness and response, and these will also require that appropriate drills are conducted. A Committee consisting of representatives of all key agencies and stakeholders will be established to oversee proper functioning of this system. The newly enacted maritime legislation gives broad responsibilities and powers relating to maritime safety to the maritime administration. Accordingly, the maritime administration will ensure that drills are conducted by all relevant agencies in relation to maritime safety and will coordinate and oversee such initiatives. This corrective action will be completed by 30 September 2019.\n', "FD\n102 Sufficient personnel with maritime expertise were not available to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State (III Code, paragraph 8.3).\nRoot cause\n103 Sufficient personnel with maritime expertise were not available within the maritime administration to assist in the promulgation of necessary national laws and to discharge all the responsibilities of the State.\nCircular Letter No.4028\nAnnex, page 20\nI:\\C_L\\CL.4028.docx\nCorrective action\n104 The responsible entity will undertake the following actions:\n.1 analyse resource needs and recruit sufficient personnel with maritime legal expertise, accordingly, including exploring opportunities for their further training;\n.2 seek assistance in maritime legal issues from the organization in the region; and\n.3 review national maritime legislation and develop and finalize reforms in relation to legislation.\nThis corrective action will be completed by 31 December 2019.\n105 The State had not promulgated all mandatory IMO instruments to which it is Party, including their amendments entering into force under the tacit amendment procedures. There was insufficient legal and technical personnel with maritime expertise available for the promulgation of national legislation and for discharging all the responsibilities of the State under the mandatory IMO instruments to which it is Party (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL PROT 1988, article I; TONNAGE 1969, article 1; LL 1966, article 1; COLREG 1972, article I; III Code, paragraph 8).\nRoot cause\n106 There was an inadequate implementation and enforcement infrastructure and the absence of documented policies and procedures within the maritime administration to monitor and evaluate the incorporation of the mandatory IMO instruments, including their amendments into national law. There was also a lack of awareness and insufficient resources (legal and technical) with maritime expertise.\nCorrective action\n107 The State will implement the following actions:\n.1 the promulgation of IMO instruments and national legislation will be formalized and an officer in the responsible Ministry will be identified as the focal point for all communication relating to national legislation and other information relevant to the maritime administration;\n.2 a sub-committee chaired by the State's port was established to consider and develop a web portal through which relevant information will be shared;\n.3 legal expertise will be secured by the responsible Ministry to conduct a gap analysis of the existing legislation;\n.4 necessary action will be taken to incorporate the mandatory IMO instruments, including their amendments, into national legislation. A process will be established for tracking new amendments and their evaluation in terms of the need to revise any national legislation or develop new legislation; and\nCircular Letter No.4028\nAnnex, page 21\nI:\\C_L\\CL.4028.docx\n.5 the responsible Ministry will evaluate the current organizational structure and the need for additional legal and technical expertise, and additional personnel will be recruited and trained, as necessary.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n108 There was no evidence that the State fulfilled its obligations to communicate the mandatory information to IMO, including texts of laws, decrees and regulations; details of port reception facilities; and mandatory reports under MARPOL (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/7; LL 1966, article 26; III Code, paragraph 9).\nRoot cause\n109 There was a lack of awareness and understanding of the scope of reporting requirements under the mandatory IMO instruments. In addition, the overall responsibility for ensuring that reporting was undertaken was not assigned.\nCorrective action\n110 The maritime administration will implement the following actions:\n.1 the Ministry will act as the focal point for receiving the reports from involved agencies and submitting them to IMO. All mandatory information will be communicated to IMO and a dedicated officer of the Ministry will be assigned and trained in all IMO reporting requirements;\n.2 agencies of the maritime administration will be made aware of the reporting requirements to IMO and will be granted access to relevant modules in GISIS;\n.3 a documented procedure for communication of mandatory information to IMO will be developed and will include all stakeholders; and\n.4 periodic evaluation of the system will be conducted by a national maritime inter-agency committee with a view to ensure continual improvements by all involved entities and to address any identified issues.\nThis corrective action will be completed by 30 June 2020.\n', 'FD\n111 The maritime administration had not documented and implemented procedures to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records (III Code, paragraph 10).\nRoot cause\n112 The Administration was not aware of the scope of requirements for record keeping in accordance with the III Code. Record keeping practices of various entities were inconsistent.\nCircular Letter No.4028\nAnnex, page 22\nI:\\C_L\\CL.4028.docx\nCorrective action\n113 The maritime administration will implement the following actions:\n.1 all entities participating in the maritime administration will develop and implement written procedures, as well as review and adopt measures to improve the effectiveness and uniformity of their record keeping systems, in accordance with the requirements of the III Code; and\n.2 the responsible entity for the registry will review its Quality Assurance (QA) Procedure to ensure that all requirements of the III Code are met. It will consult with alternative providers regarding a new electronic documents system.\nThis corrective action will be completed by 30 September 2020.\n', 'FD\n114 There was no objective evidence to demonstrate that the State had established a culture that would improve the results obtained in the field of maritime safety and marine environment protection. The maritime administration had not taken measures to identify and eliminate the causes of nonconformities in order to prevent their recurrence (III Code, paragragh 11; III Code, paragragh 12; III Code, paragragh 13).\nRoot cause\n115 There was the absence of an administrative structure which hindered the maritime administration from periodically evaluating or reviewing its performance to eliminate the causes of nonconformities and to fulfil its obligations under the applicable mandatory IMO instruments. In addition, there was a lack of culture to consistently improve results obtained in maritime safety and marine environment protection and identify, analyse and eliminate the cause of non-conformities.\nCorrective action\n116 The maritime administration will implement the following actions:\n.1 a national maritime inter-agency committee comprising all agencies with specific responsibility in the maritime administration will be established for continuous monitoring, developing and improving of measures within the framework of the IMO instruments to which the State is Party. Safety, security and marine environment protection will be a standing agenda item of the Committee;\n.2 maritime culture will be promoted by conducting training activities, promotion of the profession, exercises and drills, and regular meetings with stakeholders; and\n.3 the Ministry responsible for maritime affairs will institutionalize a documented system for periodic review of the agencies participating in the maritime administration based on their assigned responsibilities, which will include a mechanism for analysis of root causes and development of corrective actions in case of identified non-conformities.\nCircular Letter No.4028\nAnnex, page 23\nI:\\C_L\\CL.4028.docx\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n117 The State could not demonstrate its ability to promulgate national laws to relating to the relevant IMO instruments. The amendments to mandatory IMO instruments had not been transposed into the national legislation (SOLAS 1974, article I; MARPOL, article 1; LL 1966, article 1; III Code, paragraph 8.1).\nRoot cause\n118 The following factors contributed to this finding:\n.1 the Chamber of Attorney General served all the ministries and had no dedicated/specialized staff for maritime legislation; and\n.2 the maritime administration had insufficient resources, including legal maritime expertise on its own to transpose the amendments to IMO instruments into national law.\nCorrective action\n119 The responsible government entity will implement following actions:\n.1 setting up an in-house legal section within two years will be explored;\n.2 sufficient personnel with legal expertise will be recruited;\n.3 the drafting of national legislation will be undertaken by the legal section to incorporate the pending as well as forthcoming amendments to the mandatory IMO instruments into national law;\n.4 a new procedure for giving legal effect to tacit amendments by cross-referencing or through shipping notices will be adopted; and\n.5 maritime administration will review its current process and build a mechanism for tracking amendments to the mandatory IMO instruments.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n120 The maritime administration did not have sufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State, including reporting as required by the respective conventions (SOLAS 1974, article I; MARPOL, article 1; III Code, paragraph 8.3).\nRoot cause\n121 The following factors contributed to this finding:\n.1 the maritime administration was in a transitional period and had a shortage of resources, in particular personnel with maritime expertise, to perform the required tasks; and\nCircular Letter No.4028\nAnnex, page 24\nI:\\C_L\\CL.4028.docx\n.2 a comprehensive system was not in place for the fulfilment of the reporting obligations to IMO under applicable IMO instruments.\nCorrective action\n122 The maritime administration will implement following actions:\n.1 a human resources policy will be developed for recruitment of personnel in the maritime administration and sufficient personnel with appropriate maritime qualification and expertise will be recruited; and\n.2 the procedures and systems currently in place for reporting to IMO will be reviewed and updated to ensure fulfilment of reporting obligations to IMO and brought to the attention of all relevant divisions and personnel in the maritime administration.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n123 The State did not comply with all the requirements for reporting as required by the mandatory IMO instruments to which the State is Party (MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/8.3; STCW 1978, regulation I/7; III Code, paragraph 9).\nRoot cause\n124 The following factors contributed to this finding:\n.1 responsibilities for reporting to IMO were not clearly assigned to personnel in the maritime administration;\n.2 a comprehensive system was not in place to keep track and fulfil the reporting obligations to IMO under the applicable IMO instruments; and\n.3 the maritime administration had resource constraints, especially human resources with maritime expertise.\nCorrective action\n125 The following actions will be implemented by the responsible entity:\n.1 a management system and procedures will be developed and implemented to consolidate all the requirements for reporting to IMO under the applicable IMO instruments;\n.2 responsibilities will be assigned to relevant units in the maritime administration for fulfilling the reporting obligations in their areas of work; and\n.3 sufficient personnel with appropriate maritime expertise will be recruited in the maritime administration.\nThis corrective action will be completed by 30 June 2021.\nCircular Letter No.4028\nAnnex, page 25\nI:\\C_L\\CL.4028.docx\n', 'FD\n126 Relevant entities of the State did not have a documented procedure to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records (III Code, paragraph 10).\nRoot cause\n127 Legacy practices of record keeping were followed within the maritime administration. Hence documented procedures were not in place for systematic record keeping and control of records.\nCorrective action\n128 A management system and procedures will be developed and implemented, to align the existing practices with the III Code requirements, and to ensure systematic record keeping and control of records by all the entities of the maritime administration. This corrective action will be completed by 30 June 2021.\n', 'FD\n129 The State did not take adequate measures to continually improve the implementation of relevant IMO instruments through monitoring of compliance (III Code, paragraph 11).\nRoot cause\n130 The following factors contributed to this finding:\n.1 the maritime administration did not have a mechanism for data collection and evaluation in order to monitor compliance and to initiate improvements; and\n.2 the maritime administration had resource constraints, especially human resources and databases.\nCorrective action\n131 Responsible government entities will implement the following actions:\n.1 a management system and procedures will be developed to enable data collection and analysis, with a view to monitor compliance and effect continual improvements; and\n.2 adequate resources will be provided to the maritime administration to monitor and oversee the implementation and enforcement of the requirements stemming from the mandatory IMO instruments.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n132 The State did not arrange for timely promulgation of appropriate national legislation to implement and enforce the provisions of amendments to the relevant IMO Instruments (SOLAS 1974, article I; MARPOL, article 1; III Code, paragraph 8).\nCircular Letter No.4028\nAnnex, page 26\nI:\\C_L\\CL.4028.docx\nRoot cause\n133 This finding was primarily due to the lack of resources in the maritime administration. Furthermore, the frequency of updates and amendments to the mandatory IMO instruments posed a heavy burden on the maritime administration as the process of ratifying a new convention, or an amendment to an existing one, took a long time due to the legal system of the State. Although the QMS contained a procedure to follow up the amendments to the mandatory IMO instruments and to disseminate these amendments to the national entities concerned, a clear policy aimed at fulfilling the obligations of the State was not in place.\nCorrective action\n134 The following actions will be undertaken:\n.1 the State will provide appropriate additional resources to the maritime administration; and\n.2 the maritime administration will develop and implement a comprehensive policy and incorporate it into the existing QMS, to give full effect to the mandatory IMO instruments and their amendments. A system will be put in place to ensure a systematic follow up of the mandatory IMO instruments and dates of their entry into force, to ensure their transposition into national legislation in a timely manner.\nThis system will also assist the maritime administration in classifying the amendments to the mandatory IMO instruments as given below:\n.1 if the amendments need to be transposed into national legislation, the same will be dispatched to the legislation unit of the responsible entity of the maritime administration; and\n.2 if the amendments can be applied directly, they will be dispatched to the entities concerned so that national legal provisions are made in a timely fashion.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n135 The State did not fulfil all its obligations for communication of information to IMO, under relevant IMO instruments (MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/8.3; III Code, paragraph 9).\nRoot cause\n136 There was no documented procedure established for systematic identification, control and communication of information to IMO, as required under the mandatory IMO instruments, including the texts of national legislation, model of certificates and mandatory reports.\nCircular Letter No.4028\nAnnex, page 27\nI:\\C_L\\CL.4028.docx\nCorrective action\n137 The following actions will be undertaken by the maritime administration:\n.1 a documented procedure will be incorporated in the QMS of the nodal entity in order to identify all reporting obligations under the mandatory IMO instruments and to ensure that all relevant information is submitted to IMO as required, including, but not limited to, national legislation, model of certificates and annual reports under MARPOL;\n.2 an officer will be designated to undertake these tasks; and\n.3 a monitoring mechanism and a periodical assessment will be included in the QMS of the nodal entity to ensure continuous compliance with relevant requirements. In addition, reporting obligations in the areas of responsibility of other entities of the State, which are involved in the implementation and enforcement of the mandatory IMO instruments, will be reviewed and relevant reporting organised, as appropriate.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n138 The Administration did not communicate to IMO the results of a periodic independent evaluation pursuant to regulation I/8.3 of STCW 1978, as there was no system in place to carry out such evaluations (STCW 1978, regulation I/8.3; III Code, paragraph 9).\nRoot cause\n139 This finding resulted from the inadequacy of procedures for carrying out independent evaluation and insufficient national legal provisions for the implementation of STCW 1978.\nCorrective action\n140 The maritime administration will undertake a review of the implementation of the requirements of STCW 1978 and will develop and implement documented procedures for the conduct of periodical independent evaluation and report its results to IMO regularly. This corrective action will be completed by 30 April 2021.\n', 'FD\n141 It could not be established that amendments to the mandatory IMO instruments to which the State is Party, including those entering into force by the tacit amendment procedure, were transposed into national legislation after 2013 (SOLAS 1974, article I; MARPOL, article 1; III Code, paragraph 4; STCW 1978, article I; III Code, paragraph 8).\nRoot cause\n142 The lack of resources and awareness of the need to monitor amendments to the applicable IMO instruments to enable their timely inclusion in the secondary legislation.\nCircular Letter No.4028\nAnnex, page 28\nI:\\C_L\\CL.4028.docx\nCorrective action\n143 The responsible entity of the State will review and make a list of all relevant amendments to the applicable IMO instruments and propose appropriate amendments to the relevant secondary legislation. In addition, a process will be established, and an interval of six months maintained for monitoring subsequent amendments to relevant IMO instruments for inclusion in the relevant secondary legislation. This corrective action will be completed by 30 December 2019.\n', 'FD\n144 There was no evidence that the State had fulfilled its obligation to communicate the mandatory information to IMO, including texts of laws, decrees and regulations, details of port reception facilities and mandatory reports under MARPOL (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/7; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n145 There was a misunderstanding on the scope of the reporting requirements and methods of reporting.\nCorrective action\n146 The maritime administration will review all the reporting requirements under the relevant IMO instruments, establish a process and assign responsibilities for reporting for all relevant entities in their areas of responsibility. The information regarding the laws enacted by the State, which have given full and complete effect to the provisions of the mandatory IMO instruments to which the State is Party, as well as all other mandatory information, will be communicated to IMO. This corrective action will be completed by 31 December 2019.\n', 'FD\n147 Some entities of the maritime administration had not documented procedures to define the controls needed for identification, storage, protection, retrieval, retention time and disposition of records (III Code, paragraph 10).\nRoot cause\n148 Lapses in the implementation of established rules and lack of regular review of formal procedures led to gaps in the management of records.\nCorrective action\n149 Based on the guidelines of the National Record Office (NRO), which is the statutory institution responsible for all policies with respect to national records, all relevant entities of the maritime administration will document and implement policies regarding the identification, storage, retrieval, retention time and disposition of records. These documented policies will be subject to regular review, as necessary. This corrective action will be completed by 30 December 2019.\nCircular Letter No.4028\nAnnex, page 29\nI:\\C_L\\CL.4028.docx\n', 'FD\n150 There was no objective evidence to demonstrate that the State had established a mechanism for the continuous improvement of performance in maritime safety and environmental protection activities, including adequacy of the measures which are taken to give effect to those mandatory IMO instruments to which the State is Party and identifying and eliminating the cause of any non-conformities (III Code, paragragh 11; III Code, paragragh 12; III Code, paragragh 13).\nRoot cause\n151 There was a delay in validation of draft maritime sector strategy, which should form the basis for the evaluation and monitoring mechanism, due to bureaucratic red tape coupled with the change of Government.\nCorrective action\n152 After the validation of the maritime sector strategy document, the nodal responsible entity of the maritime administration will formulate and implement the monitoring and evaluation mechanism, which will be in line with the requirements of paragragh 11, 12 and 13 of the III Code, in order to address the priority measures on maritime safety and protection of the marine environment, as outlined in the draft maritime sector strategy document, to ensure improvement and to eliminate the cause of any non-conformity to prevent recurrence. This corrective action will be completed by 31 January 2020.\n', "FD\n153 The State had not promulgated laws relating to all the mandatory IMO instruments to which it is Party, including their amendments. A system for transposing amendments to the applicable mandatory IMO instruments into national legislation to give full and complete effect was not in place. The State did not have sufficient legal and technical personnel with maritime expertise available for the promulgation of national legislation and for discharging all the responsibilities of the State under the mandatory IMO instruments (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragragh 4; III Code, paragragh 8).\nRoot cause\n154 There was a lack of technical capacity and insufficient resources for implementing a system for tracking and transposing amendments to the applicable mandatory IMO instruments into national legislation.\nCorrective action\n155 The State's responsible entities will implement the following actions:\n.1 develop and implement a system for tracking amendments to the applicable mandatory IMO instruments in order to ensure their transposition into national legislation before their entry into force. This system will be included in the new strategy;\n.2 a legislative review committee, comprising responsible entities of the State, will conduct an analysis of the amendments to the applicable IMO instruments that have already entered into force, in order to establish the status of amendments and identify those that need to be incorporated into\nCircular Letter No.4028\nAnnex, page 30\nI:\\C_L\\CL.4028.docx\nnational legislation. A set of draft legislation will be compiled with respect to the applicable mandatory IMO instruments, for their initial adoption and enactment into national law. The committee will recommend changes in national legislation for the relevant authority to implement; and\n.3 conduct an analysis of all personnel with maritime expertise to identify those staff members with sufficient experience to track amendments to the applicable mandatory IMO instruments for transposition into national legislation. In addition, provisions will be made for the recruitment of external resources through contracts or outsourcing.\nThis corrective action will be completed by 31 January 2021.\n", "FD\n156 The State did not consistently communicate information to IMO as required by the relevant mandatory IMO instruments to which it is Party (e.g. text of laws, decrees and regulations and specimen of certificates) (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; STCW 1978, article IV; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n157 There were insufficient human resources to communicate mandatory information to IMO.\nCorrective action\n158 The State's responsible entity will implement the following actions:\n.1 conduct an analysis of the current status of communication of information to IMO and establish a documented procedure for the communication of mandatory information to IMO. Develop and implement check lists and establish which entity of the State will be in charge of communication of information to IMO and through which means;\n.2 incorporate a standard operating procedure (SOP) for internal and external communication in the nodal government entity's QMS for the communication of information to IMO and assign responsibility for this purpose, including responsibility for record keeping;\n.3 designate a national focal point responsible for collecting information from all involved entities and uploading it onto GISIS; and\n.4 implement periodic reviews to ensure continuous compliance with mandatory requirements and conduct an analysis of personnel required to implement SOP. In addition, provisions will be made for the recruitment of external resources, as required, through contracts or outsourcing.\nThis corrective action will be completed by 30 December 2020.\nCircular Letter No.4028\nAnnex, page 31\nI:\\C_L\\CL.4028.docx\n", 'FD\n159 Although there was a documented procedure in place to regulate which records were to be maintained, the necessary methods for the identification, storage, protection, retrieval, retention time and disposition of the records, the application of this procedure could not be verified (III Code, paragraph 10).\nRoot cause\n160 The pending completion of the documented procedure for records management contributed to this finding.\nCorrective action\n161 The "master list of records" issued by the responsible entity\'s Quality Department will be included in its QMS. The aforementioned list will determine the location, indexing, retention period, protection and medium of retention, as well as responsibility for records management and for coordinating with other entities of the State with responsibilities in the implementation and enforcement of the mandatory IMO instruments. A database management system is under development, with the aim to make the process of maintaining records more efficient for all involved entities. This corrective action will be completed by 30 December 2020.\n', "FD\n162 There was no mechanism in place to monitor and review the measures taken to effectively implement and enforce the mandatory IMO instruments, including:\n.1 effective application and enforcement of national legislation, as appropriate, and monitoring of compliance;\n.2 actions to be taken to identify and eliminate causes of noncompliance; and\n.3 actions needed to eliminate the causes of potential non-conformities in order to prevent their occurrence\n(III Code, paragragh 11; III Code, paragragh 13; III Code, paragragh 14).\nRoot cause\n163 Procedural delays hampered the effective coordination of measures among departments and other agencies and there was a lack of awareness among personnel of the requirements of improvement and assessment procedures.\nCorrective action\n164 The State's responsible entity will implement the following actions:\n.1 conduct in-house training for all entities involved in the implementation and enforcement of the applicable IMO instruments, as per the strategic policy, and implement procedures under nodal entity's QMS, for monitoring and addressing existing non-conformities, as well as for identifying potential problems and determining necessary actions to prevent their occurrence. The extent to which the policy can achieve general objectives of the maritime administration collectively and ensure improvements in the implementation and enforcement of the applicable mandatory IMO instruments will be assessed periodically; and\nCircular Letter No.4028\nAnnex, page 32\nI:\\C_L\\CL.4028.docx\n.2 SOPs will be incorporated into the Administration's QMS to identify and eliminate non-conformities by determining corresponding root causes and implementing corrective actions. In addition, strict adherence to the aforementioned SOPs will be ensured by all involved entities.\nThis corrective action will be completed by 30 December 2020.\n", "FD\n165 Transposition of applicable mandatory IMO instruments and their amendments into national legislation, including those amendments entering into force under the tacit amendment's procedure, had not been carried out prior to their entry into force. Besides, there was no formal system in place for reviewing new amendments adopted by IMO, in order to ensure their timely transposition into national legislation. The maritime administration did not have sufficient personnel with maritime expertise to assist in the promulgation of the necessary national laws and to discharge all the responsibilities of the State (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; TONNAGE 1969, article 1; COLREG 1972, article I; III Code, paragraph 8).\nRoot cause\n166 There was a prolonged legislative process that delayed the transposition of the applicable mandatory IMO instruments and their amendments into national legislation.\nCorrective action\n167 The responsible entities of the State will implement the following actions:\n.1 a national legislative drafting sub-committee will be established and will commence drafting and/or review of the relevant national legislation incorporating all mandatory IMO instruments and their amendments;\n.2 the nodal entity of the maritime administration, in consultation with other entities involved, will develop and implement a mechanism to follow up all mandatory IMO instruments and their amendments, and to monitor respective dates of their entry into force in order to ensure their transposition into national legislation in a timely manner. In addition, a restructuring of the nodal entity will be considered regarding human resources in order to ensure sufficient personnel with maritime expertise to assist in the promulgation of necessary national laws. Furthermore, a system will be established to improve competency of existing staff to monitor entry into force dates of IMO instruments and their amendments and a responsible unit for this task will be assigned; and\n.3 the nodal entity of the maritime administration will consolidate existing national legislation containing provisions for the implementation of requirements stemming from the mandatory IMO instruments and it will seek technical assistance from IMO on drafting of legislation.\nThis corrective action will be completed by 20 December 2020.\nCircular Letter No.4028\nAnnex, page 33\nI:\\C_L\\CL.4028.docx\n", 'FD\n168 There was no objective evidence that the State had complied with all the mandatory reporting requirements contained in the instruments to which the State is Party (e.g. information on text of laws, orders, decrees and regulations; details of ROs; provision of reception facilities) (SOLAS 1974, article III; MARPOL, article 11; TONNAGE 1969, article 15; LL 1966, article 26; III Code, paragraph 9).\nRoot cause\n169 There was a lack of coordination among entities responsible for communication of information to IMO and an absence of policies regarding the scope and degree of communication requirements to IMO.\nCorrective action\n170 The nodal entity of the maritime administration will develop a system and documented procedures for submission of mandatory information and reports to IMO. Responsible office/officer(s) will be assigned to ensure that mandatory information is submitted to IMO in an adequate and timely manner. The procedure will include the coordination and assignment of responsibilities among the different State entities involved in the communication of information to IMO. This corrective action will be completed by 31 March 2020.\n', 'FD\n171 There was no evidence available in the following areas in respect of the implementation and enforcement of relevant IMO instruments:\n.1 the ability of the State to promulgate laws, which permit effective jurisdiction;\n.2 the establishment of a legal basis for enforcement of all relevant IMO instruments, including associated investigative and penal processes;\n.3 the availability of legal and technical personnel with maritime expertise for the promulgation of national legislation and for discharging all the responsibilities of the State; and\n.4 review and updating of the existing national legislation\n(SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; STCW 1978, article IV; III Code, paragraph 8).\nRoot cause\n172 The reasons that led to this finding were:\n.1 insufficient expertise in the maritime administration to develop appropriate maritime legislation;\n.2 absence of a process to monitor and periodically review and update national maritime legislation;\n.3 budgetary constraints, due to which sufficient personnel with maritime legal expertise were not recruited in the maritime administration; and\nCircular Letter No.4028\nAnnex, page 34\nI:\\C_L\\CL.4028.docx\n.4 there was a lengthy procedure to transpose the amendments to the applicable IMO instruments entering into force under the tacit acceptance procedure into national law, the same as those applicable to a new IMO instrument.\nCorrective action\n173 The following actions will be undertaken:\n.1 a study will be conducted by responsible Ministry to assess the number and qualification of personnel necessary for the implementation and enforcement of the requirements stemming from the mandatory IMO instruments, and to recruit them as per the job descriptions. The Ministry will reorganize its maritime administration based on the outcome of this study;\n.2 the responsible entity will organize suitable training to improve capabilities of existing legal and technical personnel, with technical support from external sources (such as IMO, the International Labour Organization, other countries in the region and relevant maritime organizations);\n.3 adequate financial resources will be provided by the responsible Ministry in order to review and update the existing legislation processes to ensure that national maritime legislation is kept up to date;\n.4 the maritime administration, in consultation with related government entities, will develop a system, including necessary procedures, guidelines and assigned responsibilities, for tracking and transposing the mandatory IMO instruments and their amendments into national legislation and for reviewing and updating existing legislation, after an in-depth analysis of the existing legal basis for enforcement including the associated investigative and penal processes; and\n.5 a "Legal Advisory Unit" chaired by a high-level official will be established to monitor the legislation process and to strengthen available human resources with the view to keep the national maritime legislation up to date and to inform all relevant government agencies about the obligations of the State.\nThis corrective action will be completed by 30 June 2020.\n', "FD\n174 The State did not have a mechanism in place for communication to all concerned about the State's strategy on implementation of IMO instruments and information on national legislation. Further, there was no evidence of fulfilling the obligations of reporting to IMO under the relevant IMO instruments (MARPOL, article 11; LL 1966, article 26; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n175 The responsibility for managing the communication of information to IMO was not assigned to any specific person or entity in the maritime administration. Furthermore, a documented procedure was not established for the communication of information to IMO and all interested parties.\nCircular Letter No.4028\nAnnex, page 35\nI:\\C_L\\CL.4028.docx\nCorrective action\n176 The following actions will be undertaken by the responsible entity:\n.1 a new sub-section will be formed in the technical division of the maritime administration to manage the communication of information to IMO and to address related issues. The sub-section will develop a documented procedure to identify and fulfil all reporting requirements to IMO and other agencies, and responsibility will be assigned to ensure that communication of information to IMO and stakeholders are up to date, including the uploading of information in GISIS modules; and\n.2 the IMO Web Accounts Administrator of the State (designated for the management of the GISIS accounts) will monitor the status of reporting in the GISIS modules.\nThis corrective action will be completed by 30 June 2019.\n", "FD\n177 The State had not implemented the applicable IMO instruments to which it is Party, including their amendments, into national legislation. Furthermore, there was no evidence of an effective mechanism in place for tracking and evaluating new amendments coming into force under those instruments. The legal basis for enforcement of specific requirements of the applicable IMO instruments was not in place and there was a lack of personnel with technical and legal maritime expertise to assist in the promulgation of the necessary national laws (SOLAS 1974, article I; MARPOL, article 1; STCW 1978, article I; LL 1966, article 1; III Code, paragraph 8).\nRoot cause\n178 The following factors contributed to this finding:\n.1 a lack of awareness of the decision makers regarding the financial and economic advantages of implementing, as well consequences of not implementing the mandatory IMO instruments;\n.2 a lack of resources, including financial, infrastructure and qualified personnel, had delayed the implementation of the ratified instruments into national legislation;\n.3 under the State's legal system the process of ratifying a new convention or incorporating an amendment into existing law takes a very long time; and\n.4 there was no clear process in place to alert relevant government entities when new amendments to the mandatory IMO instruments are entering into force.\nCorrective action\n179 The maritime administration will incorporate the mandatory IMO instruments into national legislation and establish necessary infrastructure for their implementation and enforcement. The responsible Minister has installed a Maritime Legislation Commission that is tasked to expedite the transposition of the ratified IMO instruments into national legislation. As\nCircular Letter No.4028\nAnnex, page 36\nI:\\C_L\\CL.4028.docx\na mechanism for compliance with this requirement in the future, a system will be put in place to ensure a systematic tracking and follow-up of new mandatory IMO instruments and amendments to existing ones and to monitor the dates of their entry into force, in order to ensure their transposition into national legislation in a timely manner. This corrective action will be completed by 31 December 2022.\n", 'FD\n180 There was evidence that some requirements related to communication of information to IMO under the applicable IMO instruments were not met. This includes texts of national legislation, specimen of certificates, information under MARPOL, and initial communication of information as required by STCW 1978, including the independent evaluation (SOLAS 1974, article III; MARPOL, article 11; STCW 1978, article IV; STCW 1978, regulation I/7; STCW 1978, regulation I/8.3; LL 1966, article 26; III Code, paragraph 9).\nRoot cause\n181 As the ratified IMO instruments have not been implemented into national legislation, there was no formal documented procedure to monitor and oversee mandatory reporting under those instruments. There was also a lack of awareness within the maritime administration regarding the reporting requirements.\nCorrective action\n182 The maritime administration will devise a procedure for reporting to IMO in accordance with the requirements of all the applicable mandatory IMO instruments, including providing and periodically updating relevant information through GISIS. Also, the mandatory reporting formats, as required by the applicable IMO instruments, will be incorporated into the procedures manual of the maritime administration. Arrangements will be made to ensure that ongoing monitoring and review of the communication system occurs, with personnel designated to follow up. This corrective action will be completed by 31 December 2022.\n', 'FD\n183 There was no evidence that a record keeping system had been established by all entities, based on documented procedures defining control of records, including identification, storage, protection, retrieval, retention time and disposition (III Code, paragraph 10).\nRoot cause\n184 A process, based on documented procedures defining control of records, had not been implemented by all entities to ensure that record keeping was carried out consistently throughout the maritime administration. There was a lack of knowledge of the requirements of the III Code and a lack of understanding of the record-keeping process.\nCorrective action\n185 A documented record keeping procedure, specifying all elements as required by the III Code, and in line with the existing national legislation, will be developed, established by the relevant government entities and implemented by each agency to the extent appropriate to its particular needs, operations and circumstances, for all activities stemming from the requirements of the applicable IMO instruments. This corrective action will be completed by 31 December 2022.\nCircular Letter No.4028\nAnnex, page 37\nI:\\C_L\\CL.4028.docx\n', 'FD\n186 There was no evidence to demonstrate that the State had stimulated a culture for improving the adequacy of measures taken to give full and complete effect to those IMO instruments which the State has ratified. The State had not taken measures to identify and eliminate causes of non-conformities to prevent their recurrence (III Code, paragragh 11; III Code, paragragh 12; III Code, paragragh 13).\nRoot cause\n187 There was an absence of the required national legislation, policies and procedures.\nCorrective action\n188 The maritime administration will establish and implement the required national legislation, procedures and policies aimed at stimulating a culture for improving the adequacy of measures taken to give full and complete effect to the applicable mandatory IMO instruments. Key performance indicators (KPIs) will be set and/or adequacy of measures taken monitored and evaluated, as a basis for improvements. A mechanism will be established, including all relevant government entities, to identify and eliminate causes of non-conformities to prevent their recurrence. This corrective action will be completed by 31 December 2022.\n', 'FD\n189 The State did not fulfil all its obligations regarding communication of information to IMO under the applicable mandatory IMO instruments (e.g. information on text of laws, orders, decrees and regulations, details of RO agreements) (SOLAS 1974, article III; MARPOL, article 11; LL 1966, article 26; STCW 1978, article IV; TONNAGE 1969, article 15; III Code, paragraph 9).\nRoot cause\n190 The following factors contributed to this finding:\n.1 lack of documented procedures to identify and address the requirements for communication of information and mandatory reports to IMO;\n.2 the tasks of the authorized officials were not defined and there was a lack of supervision of the responsibilities of the related services; and\n.3 lack of coordination among institutions responsible for reporting to IMO.\nCorrective action\n191 The State will implement the following actions:\n.1 develop and implement a mechanism for mandatory reporting to IMO, including working instructions, procedures and division of responsibilities for reporting;\nCircular Letter No.4028\nAnnex, page 38\nI:\\C_L\\CL.4028.docx\n.2 designate a unit, within the maritime administration, to ensure that the required information and reports are communicated to IMO; including the uploading of information into GISIS and keeping it updated. The unit will assume the coordination with involved entities and periodic inter institutional meetings will be organized to coordinate the communication of all mandatory reports to IMO; and\n.3 identify and communicate all mandatory information and reports to IMO.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n192 The State did not have in place any measure to stimulate a culture which provides opportunities for improvement of performance in maritime safety and environmental protection activities, including continual training programmes, reward and incentive mechanisms for shipping companies and seafarers with a view to improving safety and pollution prevention (III Code, paragragh 12.1; III Code, paragragh 12.3).\nRoot cause\n193 The following factors contributed to this finding:\n.1 lack of understanding of the provisions of the III Code, lack of documented procedures and qualified personnel; and\n.2 absence of a relevant national programme/mechanism for continuous improvement of performance in maritime safety and environment protection activities.\nCorrective action\n194 The State will implement the following actions:\n.1 develop and implement documented procedures as a basis for continual training programmes aiming at promotion of profession, that may include international experience exchange programmes, as well as programmes designed to enhance qualifications of relevant personnel; and\n.2 establish a reward and incentive mechanism for shipping companies and seafarers to improve safety and environment protection activities.\nThis corrective action will be completed by 1 March 2020.\n', "FD\n195 There was no overall system, mechanism or documented procedure in place to monitor and review the measures taken to implement and enforce the mandatory IMO instruments, including:\n.1 effective application and enforcement of national legislation, as appropriate, and monitoring of compliance;\n.2 actions to be taken to identify and eliminate causes of non-compliance; and\nCircular Letter No.4028\nAnnex, page 39\nI:\\C_L\\CL.4028.docx\n.3 actions needed to eliminate the causes of potential non-conformities in order to prevent their occurrence\n(III Code, paragraph 11; III Code, paragraph 13; III Code, paragraph 14).\nRoot cause\n196 The following factors contributed to this finding:\n.1 lack of understanding of the provisions of the III Code and lack of culture and analysis tools to identify and eliminate the cause of non-conformities; and\n.2 lack of a culture of continuous improvement and absence of performance measurement criteria.\nCorrective action\n197 The State will review and enhance the existing mechanism for continual improvement in the implementation and enforcement of the mandatory IMO instruments, as well as introduce the periodical monitoring of all involved entities in discharging flag, coastal and port State responsibilities and obligations. The new mechanism will, inter alia, include:\n.1 analysis and review of the existing national legislation, directives, procedures and instructions and their alignment with the mandatory IMO instruments to which the State is Party;\n.2 periodical analysis and evaluation of the effectiveness in the implementation of the mandatory IMO instruments, with the aim of identifying and eliminating the cause of any non-conformities;\n.3 developing and implementing corrective actions to address the root causes of any discovered and potential non-conformities and implement actions to prevent their recurrence; and\n.4 convening periodical evaluation meetings between different governmental entities, to verify the effective implementation of the mandatory IMO instruments in order to identify and eliminate the reasons of discovered or potential non-conformities.\nThis corrective action will be completed by 31 December 2020.\nObservations (OB)\n198 The State had recently developed and adopted an overall policy document; however, it was not comprehensive enough to provide a basis for the State to fully meet its obligations and responsibilities under the applicable mandatory IMO instruments. Besides, a methodology to monitor and assess that the strategy ensures the effective implementation and enforcement of the applicable mandatory instruments, as well as a mechanism for continuous review in order to ensure improvement of the overall organizational performance and capability as a flag, port and coastal State had not been established (III Code, paragraph 3).\nCircular Letter No.4028\nAnnex, page 40\nI:\\C_L\\CL.4028.docx\nRoot cause\n199 There was a lack of knowledge about obligations and responsibilities of the State under applicable IMO instruments, lack of appropriate policy and strategy and absence of a QMS with an established performance monitoring.\nCorrective action\n200 The State's responsible entities will implement the following actions:\n.1 the existing strategy will be adjusted to ensure that flag, port and coastal State obligations and responsibilities of the State are met;\n.2 QMS will be developed and a monitoring system based on key performance indicators will be established to assess that the strategy ensures effective implementation and enforcement of applicable IMO instruments. The same methodology will be implemented for all involved entities of the State; and\n.3 the strategy will be annually reviewed by the National Maritime Council and the review will cover all relevant measures of all entities involved in the implementation and enforcement of the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2021.\n", "OB\n201 An overall maritime strategy was not presented during the audit. The State had a general strategic plan, which did not fully demonstrate how its obligations and responsibilities under the mandatory IMO instruments to which it is Party were going to be met and how implementation and enforcement of those instruments were going to be monitored and assessed (III Code, paragraph 3).\nRoot cause\n202 There was a lack of awareness of the requirements of the III Code regarding the strategy and a lack of experience in developing this kind of documentation.\nCorrective action\n203 The State will:\n.1 establish an inter-institutional working group consisting of all the entities participating in the maritime administration with the aim of elaborating a national overall maritime strategy that will define the responsibilities of each entity involved in the implementation and enforcement of the IMO instruments to which the State is Party. The strategy will serve as a mechanism to ensure that the State's international obligations and responsibilities as a flag State are met. Once the mentioned strategy is developed, it will be adopted by a national legal instrument; and\n.2 appoint a coordinating entity and focal point for the development of the overall maritime strategy. A methodology for monitoring and evaluation of performance in carrying out flag State activities will be established, based on objectives and KPI. The methodology will include a system for continuous review of the strategy and evaluation of performance in conducting flag and general activities of the State.\nCircular Letter No.4028\nAnnex, page 41\nI:\\C_L\\CL.4028.docx\nThis corrective action will be completed by 1 December 2021.\n", 'OB\n204 Although the State had developed an overall strategy, it did not ensure that all its obligations and responsibilities under the mandatory IMO instruments to which it is Party were met (III Code, paragraph 3).\nRoot cause\n205 There was a lack of awareness of the requirements of the III Code regarding the overall strategy and a lack of experience in developing this kind of mechanisms.\nCorrective action\n206 The State will:\n.1 establish an inter-institutional working group consisting of all the entities participating in the maritime administration, which will be tasked to develop a national overall maritime strategy that will define the responsibilities of each entity involved in the implementation and enforcement of the applicable IMO instruments and serve as a mechanism to ensure that the international obligations and responsibilities of the State as flag, port and coastal State are met.\n.2 appoint a coordinating entity and focal point for the development of the overall maritime strategy. A methodology for monitoring and evaluation of performance in carrying out flag, coastal and port State activities will be established, based on set objectives and key performance indicators (KPI). The methodology will include a system for continuous review of the strategy through regular follow-up meetings among the entities involved.\nThis corrective action will be completed by 1 November 2021.\n', 'OB\n207 The State had not developed an overall strategy in order to ensure that its international obligations and responsibilities as a flag State are met (III Code, paragraph 3).\nRoot cause\n208 Development of an "overall maritime strategy" was not considered as a priority for the State, as there had been no ship entitled to fly the flag of the State since 1997.\nCorrective action\n209 An overall national strategy will be developed and implemented as a mechanism for monitoring of, and compliance with, the applicable IMO instruments in accordance with the III Code requirements in order to achieve continuous improvement. This corrective action will be completed by 31 December 2022.\nCircular Letter No.4028\nAnnex, page 42\nI:\\C_L\\CL.4028.docx\n', 'OB\n210 It could not be established that the State had developed and implemented an overall strategy to ensure that its obligations and responsibilities under the applicable mandatory IMO instruments are met (III Code, paragraph 3).\nRoot cause\n211 Although a general maritime management strategy was adopted, it was still in the initial stages of implementation at the time of audit. Some maritime management functions related to the obligations and responsibilities under the applicable IMO conventions needed improvements in the areas of legislation, implementation, execution, evaluation and review in accordance with the requirements of the III Code.\nCorrective action\n212 Taking into account the requirements of the III Code, all relevant government entities will continue with the development and implementation of the general maritime management strategy to incorporate the management, control and review of various maritime administrative functions under the flag, port and coastal government responsibilities, as well as transposition of new or amended IMO conventions or codes into national legislation. The effectiveness and continued suitability of the maritime management strategy will be monitored through periodical reviews. This corrective action will be completed by 30 June 2020.\n', 'OB\n213 The State did not develop a comprehensive strategy to ensure compliance with its international obligations and responsibilities stemming from the mandatory IMO instruments to which it is Party (III Code, paragraph 3).\nRoot cause\n214 There was a lack of knowledge of the obligations emanating from the mandatory IMO instruments by the entities concerned.\nCorrective action\n215 The State will adopt the following measures:\n.1 an overall maritime strategy, based on the provisions of the III Code, will be developed by the Ministry of Transport, in consultation with the relevant agencies, and will be presented to the Government Council for adoption;\n.2 an action plan will be developed on the implementation of the obligations and responsibilities arising from the mandatory IMO instruments to which the State is Party;\n.3 an effective mechanism will be established to periodically assess the overall performance of the State covering flag, coastal and port State activities; and\n.4 upon its adoption, the overall maritime strategy will be communicated by the Ministry of Transport to the entities concerned and will be evaluated regularly to ensure effective implementation.\nThis corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 43\nI:\\C_L\\CL.4028.docx\n', 'OB\n216 The State had not developed an overall strategy in order to ensure that its international obligations and responsibilities are met (III Code, paragraph 3).\nRoot cause\n217 There were insufficient skilled personnel as a result of limited capacity and resources and competing needs within the nodal responsible entity of the State to undertake the required strategy development. There was also a general lack of awareness of the extent of the provisions of the III Code and of the necessary coordination between the number of entities which make up the maritime administration.\nCorrective action\n218 The State will:\n.1 develop and implement an overall maritime strategy in accordance with the requirements of the III Code. The nodal responsible entity will coordinate development of the overall strategy and provision of sufficient skilled personnel;\n.2 the various entities with responsibilities under the applicable IMO instruments will develop a Memorandum of Agreement, based on their roles and responsibilities under national law; and\n.3 the nodal responsible entity shall seek Government approval to act as the lead agency in the development of an inter-agency coordination body for the fulfilment of the flag, coastal and port State obligations and responsibilities of the State. This body will be charged with the responsibility for the development of a review mechanism for evaluation of the performance of the State and initiating corrective measures, as required, as well as for conducting periodical review of the strategy itself to ensure continual improvement of performance.\nThis corrective action will be completed by 31 July 2019.\n', 'OB\n219 The State had not developed an overall strategy to ensure that its international obligations and responsibilities as a flag, coastal and port State are met (III Code, paragraph 3).\nRoot cause\n220 The State did develop an overall strategy to ensure that its international obligations and responsibilities as a flag, port and coastal State are met, but the strategy document did not fully meet the requirements of the III Code due to lack of awareness about the provisions in the III Code during the development of strategy.\nCorrective action\n221 The strategy document presented to the auditors will be reviewed by the competent authority, in consultation with relevant entities, to establish a revised strategy that fully\nCircular Letter No.4028\nAnnex, page 44\nI:\\C_L\\CL.4028.docx\ncomplies with paragraph 3 of the III Code. Appropriate training will be provided to the personnel in the maritime administration on the provisions and the application of III Code. This corrective action will be completed by 30 June 2019.\n', 'OB\n222 The State had not developed and implemented an overall strategy in order to ensure that its international obligations and responsibilities under the applicable mandatory IMO instruments as a flag, port and coastal State are met (III Code, paragraph 3).\nRoot cause\n223 There was a lack of resources and personnel to develop a maritime strategy with the diverse agencies comprising the maritime administration.\nCorrective action\n224 An overall maritime strategy encompassing all entities involved in the implementation and enforcement of the requirements stemming from the mandatory IMO instruments will be developed and implemented according to the provisions of the III Code, in order to ensure full compliance with the international responsibilities and obligations of the State under those instruments. This corrective action will be completed by 30 September 2020.\n', 'OB\n225 A strategy, as required under paragraph 3 of the III Code in order to continuously review the effectiveness in the implementation and enforcement of applicable mandatory instruments, was yet to be developed and implemented (III Code, paragraph 3).\nRoot cause\n226 The maritime administration of the State consisted of a number of entities, however, the vision and strategy for implementation of the mandatory IMO instruments were not consolidated among all these entities; hence, a strategy meeting the provisions of the III Code could not be presented.\nCorrective action\n227 The following actions will be implemented:\n.1 the responsible entity of the maritime administration will coordinate with all relevant entities to formulate an overall maritime strategy for the State aiming at the effective implementation and enforcement of the mandatory IMO instruments; and\n.2 the responsible entity of the maritime administration will consolidate the views from all the entities and initiate the establishment of the overall strategy for the State, meeting the provisions of the III Code.\nThis corrective action will be completed by 30 June 2021.\nCircular Letter No.4028\nAnnex, page 45\nI:\\C_L\\CL.4028.docx\n', 'OB\n228 The State had not developed an overall strategy to ensure that its international obligations are met and to ensure the effective implementation and enforcement of relevant IMO instruments (III Code, paragraph 3).\nRoot cause\n229 This observation resulted from the lack of knowledge about the obligation under the III Code to develop a strategy for effective implementation and enforcement of the applicable IMO instruments.\nCorrective action\n230 The State will adopt a strategy on flag, coastal and port State aspects and include it in the existing high-level policy documents through appropriate revisions. The State will also put in place a periodic evaluation and review system, comprising all entities sharing responsibility for the implementation and enforcement of the requirements stemming from the applicable IMO instruments. Key performance indicators will be identified, and its performance will be evaluated in meeting all obligations. The strategy will be continuously reviewed to ensure it remains adequate for improving the overall performance of the State, in accordance with the provisions of the III Code. This corrective action will be completed by 31 July 2020.\n', 'OB\n231 The State had not developed and implemented an overall strategy in order to ensure that its obligations and responsibilities under the applicable mandatory IMO instruments as flag, coastal and port State are met (III Code, paragraph 3).\nRoot cause\n232 The draft Integrated Maritime Sector Strategy document, which was completed in 2016, could not be validated as expected due to an inordinate delay.\nCorrective action\n233 The State will validate the draft Integrated Maritime Sector Strategy and carve out implementation plan/framework, which will include monitoring and evaluation mechanism to ensure that the strategy ensures effective implementation and enforcement of the mandatory IMO instruments and the III Code. This plan will be subject to periodic review to ensure continual improvement. This corrective action will be completed by 31 January 2020.\n', 'OB\n234 A comprehensive maritime strategy could not be submitted at the time of the audit. The State had strategic policies, directions and a signed coordination of activities agreement on SAR operations. However, it did not fully demonstrate how its obligations and responsibilities under the mandatory IMO instruments to which it is Party were going to be met and how the implementation and enforcement of those instruments were to be monitored and assessed (III Code, paragraph 3).\nCircular Letter No.4028\nAnnex, page 46\nI:\\C_L\\CL.4028.docx\nRoot cause\n235 Insufficient time and lack of coordination among entities to agree on the scope of actions necessary to meet the objectives of paragraph 3 of the III Code contributed to this finding.\nCorrective action\n236 The State will develop an overall maritime strategy to ensure that its international obligations as a flag, coastal and port State are met. The strategy will be based on a policy of cooperation and coordination between involved entities of the State and will define clear lines of responsibility, monitoring mechanisms and risk analyses in order to identify and eliminate the cause of any non-conformities and to ensure continual improvement. In addition, KPIs will be defined for each involved entity and performance evaluation will be carried out in conjunction with a joint meeting of all the involved entities, which will be held every six months. This corrective action will be completed by 30 December 2020.\n', "OB\n237 The State had developed an overall strategy, however, it was not sufficiently robust to ensure an effective coordination among all the State's entities, as well as an effective conduct of their responsibilities and duties under the applicable mandatory IMO instruments. Furthermore, the proposed methodology to monitor and evaluate the strategy, and a mechanism for continuous review in order to ensure improvement of the overall organizational performance and capability as a flag, port and coastal State had not been implemented and assessed (III Code, paragraph 3).\nRoot cause\n238 The lack of coordination among State entities contributed to this finding.\nCorrective action\n239 The responsible State entities will implement the following actions:\n.1 the Steering Committee will review the existing national strategy for the implementation of IMO instruments to establish clear roles, responsibilities, coordination and guidelines for involved State entities. In addition, the strategy will provide for annual meetings to deliberate on the need for review and to initiate improvements;\n.2 a monitoring and evaluation system will be developed and implemented, based on key performance indicators to evaluate the performance of the State with regard to effectiveness of the implementation and enforcement of the mandatory IMO instruments. Through this system, causes of any non-conformity will be identified, eliminated and appropriate measures will be established and undertaken to prevent recurrence; and\n.3 agreements between the responsible entities of the State will be concluded to enhance effective implementation of the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 47\nI:\\C_L\\CL.4028.docx\n", "OB\n240 The State had not developed an overall strategy to ensure that its international obligations and responsibilities as flag, port and coastal State are met (III Code, paragraph 3).\nRoot cause\n241 The strategy developed by the State did not meet the applicable requirements of paragraph 3 of the III Code due to a lack of understanding of the full scope and level of the requirements. Furthermore, due to limited participation in the IMO meetings, the personnel in the Administration had limited knowledge on the development of an overall maritime strategy.\nCorrective action\n242 The following actions will be undertaken:\n.1 the nodal entity of the maritime administration will interact with the concerned agencies to study and review the current methodology for ratification and implementation of treaties, including the mandatory IMO instruments;\n.2 taking into account the outcome of the study and the gaps with regard to the implementation of the III Code, the responsible Ministry will be advised to formulate an overall strategy for the implementation and enforcement of the mandatory IMO instruments, in consultation with other concerned ministries and agencies;\n.3 guidance and assistance will be sought from IMO and other Member States on formulating the overall strategy;\n.4 the responsible Ministry will formulate an overall strategy, in consultation with concerned governmental organizations and stakeholders, to ensure that the State's international obligations and responsibilities as flag, port and coastal States are met, as per the III Code;\n.5 the responsible Ministry will adopt a system to periodically monitor and assess effective implementation and enforcement of the mandatory IMO instruments; and\n.6 the responsible Ministry will allocate sufficient resources for the nodal entity to attend relevant IMO meetings, as a capacity-building measure to assist in the effective implementation of the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2021.\n", "OB\n243 The State had not developed the overall maritime strategy to ensure that its international obligations and responsibilities as a flag, port and coastal State are met (III Code, paragraph 3).\nRoot cause\n244 Due to a lack of understanding of the obligations under the applicable IMO instruments and diversification of institutional priorities, there was a delay in establishing a national maritime strategy for the implementation and enforcement of applicable mandatory IMO instruments.\nCircular Letter No.4028\nAnnex, page 48\nI:\\C_L\\CL.4028.docx\nCorrective action\n245 The State's National Maritime Association, comprising representatives from relevant government entities, will be established and will develop a national maritime strategy for the implementation and enforcement of the applicable IMO instruments and recommendations. The Strategy will contain a procedure to monitor, examine and evaluate the performance in exercising flag, coastal and port State obligations and responsibilities in the implementation and enforcement of the applicable IMO instruments and will take into account relevant recommendations. The Strategy will be incorporated into national legislation and will identify measures for continuous improvement in fulfilling these functions. This corrective action will be completed by 31 December 2022.\n", 'OB\n246 The State had recently developed and adopted a strategic directions plan which did not contain measures that would ensure how its obligations and responsibilities under the mandatory IMO instruments that it is a Party to were going to be met, nor did it contain a methodology to monitor and assess that the strategy ensures the effective implementation and enforcement of the applicable mandatory instruments, as well as a mechanism for continuous review and improvement of the overall organizational performance and capability as a flag, port and coastal State (III Code, paragraph 3).\nRoot cause\n247 There was a lack of understanding of the scope and the level of requirements of paragraph 3 of the III Code and the absence of continuous review of the adopted strategic directions to achieve, maintain and improve the overall organizational performance and capability of the State.\nCorrective action\n248 The following actions will be implemented:\n.1 a review and update of the adopted strategic directions will be carried out in accordance with paragraph 3 of the III Code and a coordination and collaboration mechanism will be established among all concerned entities, identifying the scope and the area of responsibilities to meet the overall objectives; and\n.2 an effective method of assessment will be developed, at the highest level, through which a specific entity will be in charge of overseeing and monitoring the strategy. This method will be developed in harmony with the overall strategy objectives and will include the necessary KPIs and assessment criteria.\nThis corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 49\nI:\\C_L\\CL.4028.docx\nFLAG STATE ACTIVITIES\nFindings (FD)\n249 The Administration did not implement policies for the promulgation of national legislation and guidance which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is a Party (III Code, paragraph 15).\nRoot cause\n250 There was a lack of qualified personnel and absence of a policy on promulgation and dissemination of national legislation and guidance.\nCorrective action\n251 The Administration will implement the following actions:\n.1 a dedicated unit for IMO issues will be established with appropriate qualified personnel with maritime expertise. Roles and responsibilities will be defined and assigned to ensure a systematic follow-up on the promulgation of national legislation based on tracking the amendments to the mandatory IMO instruments;\n.2 review, analysis and reorganization of the existing legislation and guidance will be carried out and IMO guidelines will be defined as recommendatory in order to support effective implementation and enforcement of the mandatory IMO instruments; and\n.3 a QMS will be developed, including appropriate policy for the promulgation of national legislation and guidance, as well as documented procedures. Roles and responsibilities to promulgate legislation and guidance will be established.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n252 The Administration had not established resources and processes capable of administering a safety and environmental protection programme, which includes:\n.1 administrative instructions to effectively implement the international IMO instruments and their amendments to which the State is Party;\n.2 an independent audit and inspection programme to the entity which issue the required certificates and documentation to the ships entitled to fly the flag of the State, in order to ensure compliance with the requirements of the applicable international instruments; and\n.3 provisions to address those requirements that are left "to the satisfaction of the Administration" established in the relevant mandatory IMO instruments to which the State is Party\n(III Code, paragragh 16.1; III Code, paragragh 16.2; III Code, paragragh 16.5).\nCircular Letter No.4028\nAnnex, page 50\nI:\\C_L\\CL.4028.docx\nRoot cause\n253 There was a lack of awareness of the need for required resources, including personnel with technical expertise, absence of national legislation and a lack of a QMS.\nCorrective action\n254 The Administration will implement the following actions:\n.1 resources and procedures needed for administering the safety and environment protection programme will be identified by the responsible entities. Personnel with appropriate qualification will be recruited and required resources will be allocated under the revised organizational structure;\n.2 a project will be undertaken to review the national maritime legislation, including reorganization of the existing legislation, as well as development and implementation of additional instructions and guidance, including interpretation of the requirements left to "the satisfaction of the Administration" in the applicable mandatory IMO instruments; and\n.3 within the QMS, documented procedure will be put in place to ensure effective monitoring of the entity which is authorized to issue certificates and documents to ships entitled to fly the flag of the State, through audits and inspections conducted by the Administration.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n255 The Administration had not set up any detailed national criteria for recognition and authorization of classification societies and there was no evidence to confirm that the ROs were provided with all the appropriate instruments of national legislation and interpretations, thereof giving effect to the provisions of the conventions to which the State is a Party. Furthermore, an oversight programme with adequately qualified resources has not been set up and implemented for monitoring ROs in order to ensure that their international obligations were fully met (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragragh 18.1; III Code, paragragh 18.4; III Code, paragragh 20).\nRoot cause\n256 There was a lack of legal basis and lack of policies and criteria for delegation of authority to ROs. In addition, there was a lack of technical personnel and QMS.\nCorrective action\n257 The Administration will implement the following actions:\n.1 under the project on reviewing national legislation, current legislation will be updated and reorganized in accordance with the requirements of the RO Code and other IMO instruments related to the delegation of authority for statutory certification; and\nCircular Letter No.4028\nAnnex, page 51\nI:\\C_L\\CL.4028.docx\n.2 documented procedures will be developed within the QMS to establish an oversight programme for monitoring of ROs, which will include audits and follow-up audits of ROs, analysis of RO-related detentions and casualties, and communication procedures with the ROs and other stakeholders. In addition, procedures for communication of information related to ROs to IMO through GISIS will be developed and implemented. The responsible office within the Administration will be a new dedicated unit for IMO issues and appropriate number of qualified personnel will be recruited.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n258 An effective enforcement structure to secure observance of international rules and standards by ships entitled to fly the flag of the State and by entities and persons under its jurisdiction was not completely in place:\n.1 the fines were not sufficiently deterrent, and the authorities were unable to prove the proper or consistent applications;\n.2 sufficient numbers of qualified flag State personnel were not available; and\n.3 a control and monitoring programme to provide for the collection of statistical data, prompt actions to carry out casualty investigation and timely response to deficiencies was not developed\n(III Code, paragragh 22.5; III Code, paragragh 22.6; III Code, paragragh 23).\nRoot cause\n259 There was a lack of personnel with appropriate knowledge and skills, ineffective field and headquarters integration, outdated rules and regulations and the absence of a QMS.\nCorrective action\n260 The Administration will implement the following actions:\n.1 under the project on reviewing national legislation, current legislation will be updated and reorganized to include penal clauses of adequate severity to discourage violation of international maritime standards;\n.2 flag State surveyors will be recruited and trained to enforce national requirements emanating from mandatory IMO instruments. In addition, procedures will be established for flag State surveyors and ROs to oversee corrective measures taken in cases of detention of ships flying the flag of the State, as reported by port States, including restriction for renewal or issuance of statutory certificates until deficiencies are rectified; and\n.3 under its QMS, documented procedures will be developed in order to ensure the collection of relevant statistical data of the fleet for further analysis.\nThis corrective action will be completed by 31 December 2021.\nCircular Letter No.4028\nAnnex, page 52\nI:\\C_L\\CL.4028.docx\n', 'FD\n261 Legal arrangements defining the responsibilities, authority and interrelationship of surveyors are not complete or well structured. Furthermore, the Administration had not implemented a documented system for the qualification and continuous updating of the knowledge of the flag State surveyors with regard to the task they are authorized to undertake (III Code, paragragh 28; III Code, paragragh 35).\nRoot cause\n262 Due to an inadequate assignment of roles and responsibilities and an absence of a QMS.\nCorrective action\n263 The Administration will implement the following actions:\n.1 under the project on reviewing national legislation, current legislation will be updated to provide and ensure the legal basis for flag State surveyors to carry out their tasks. Additionally, the Administration will define the responsibilities, authorities and interrelation of surveyors;\n.2 under its QMS, documented training programmes to continuously update the knowledge of flag State surveyors will be developed; as well as annual performance evaluation criteria and a "guidance manual" for examiners; and a documented system which will capture existing qualifications, identified training needs and trainings received for each surveyor; and\n.3 development of training programmes, participation in WMU courses and IMO model courses will be considered. In addition, the mentioned programmes will include training for port State control officers (PSCOs) and investigators.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n264 The Administration did not implement the majority of the provisions of the Casualty Investigation Code, including but not limited to:\n.1 insufficient regulations for conducting impartial and objective casualty investigations;\n.2 availability of trained and impartial casualty investigators to carry out objective investigations;\n.3 no arrangements for cooperative investigation with other member States; and\n.4 availability of the final investigation report to the public and the shipping industry\n(SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragragh 6.2; Casualty Investigation Code, paragraph 7.1; Casualty Investigation Code, paragraph 7.2; Casualty Investigation Code, paragraph 8.1; Casualty Investigation Code, paragraph 10.1; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.1; Casualty Investigation Code, paragraph 14.2; Casualty Investigation Code, paragraph 14.4; III Code, paragragh 38; III Code, paragraph 41).\nCircular Letter No.4028\nAnnex, page 53\nI:\\C_L\\CL.4028.docx\nRoot cause\n265 There was a lack of awareness of the requirements of the mandatory IMO instruments related to casualty investigation and lack of personnel with appropriate knowledge and skills. In addition, a lack of legal basis contributed to this finding.\nCorrective action\n266 The Administration will implement the following actions:\n.1 under the project on reviewing national legislation, new legislation related to implementation and enforcement of the Casualty Investigation Code will be developed;\n.2 a new casualty investigation unit will be created, reporting directly to the director-general of the Administration, and comprising independent investigators. In addition, procedures for cooperation on casualty investigations with other States and for release of final investigation reports to the public and the maritime sector, will be developed; and\n.3 training and awareness programmes for investigators, support personnel and other entities involved in casualty investigations will be developed. The training programmes will include in-house trainings and trainings abroad.\nThis corrective action will be completed by 31 December 2021.\n', "FD\n267 There was no system in place for the Administration to periodically evaluate its performance in respect of administrative processes, procedures and resources necessary to meet its obligation and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragragh 42; III Code, paragragh 43).\nRoot cause\n268 There was a lack of awareness of the need to have a QMS in place, which would include performance evaluation for flag State activities.\nCorrective action\n269 The Administration will implement the following actions:\n.1 procedure will be developed stipulating detailed methodology for periodical review and evaluation of the performance in respect of administrative processes, procedures and resources necessary to meet the flag State obligations and responsibilities under the mandatory IMO instruments. This procedure will be applied for all the State's entities involved in flag State activities. Key performance indicators for relevant entities shall be identified on the basis of their output to enable measurement of performance and will be reviewed annually during review meetings; and\n.2 the Administration will be the lead entity in the implementation of the QMS procedure for evaluation of performance across all the entities and it will be subject to external QMS audits by a certifying body.\nThis corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 54\nI:\\C_L\\CL.4028.docx\n", 'FD\n270 Although the Administration implemented a procedure related to the formulation of policies for the promulgation of national legislation and guidance to assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is Party; its effectiveness could not be demonstrated (III Code, paragraph 15.1).\nRoot cause\n271 There was no dedicated unit responsible for the implementation and monitoring of the existing procedure for formulation of policies for promulgation of national legislation and guidelines.\nCorrective action\n272 The Administration will assign responsibility to a dedicated unit for reviewing and implementing the existing procedure on formulation of policies through the development of procedures, guidelines or amending existing provisions on how the policies will be formulated and distributed, for example, by administrative instructions. This unit will also be responsible for coordination with other entities of the State responsible for the implementation or enforcement of the applicable IMO instruments. The procedure on formulation of policies will be included in the safety and environmental protection programme to be established. This corrective action will be completed by 30 July 2021.\n', 'FD\n273 The Administration had not established resources and processes capable of administering a safety and environmental protection programme, which includes:\n.1 administrative instructions to effectively implement the mandatory IMO instruments and their amendments to which the State is Party; and\n.2 provisions to address those requirements that are left "to the satisfaction of the Administration" and criteria for type approval of materials and equipment as required in the relevant mandatory IMO instruments to which the State is Party\n(III Code, paragragh 16.1; III Code, paragragh 16.5).\nRoot cause\n274 There was a lack of awareness of the need for the implementation of a maritime safety and environmental protection programme.\nCorrective action\n275 The Administration will develop a maritime safety and environmental protection programme, including the criteria to be followed for drafting administrative instructions and national regulations aiming at effectively implementing and enforcing the applicable IMO instruments and their respective amendments. Relevant communication to the interested parties and respective communication channels will also be identified. The existing procedure for setting criteria for those requirements that are left to the satisfaction of the Administration will be reviewed, to include more detailed guidance in relation to specific requirements of the\nCircular Letter No.4028\nAnnex, page 55\nI:\\C_L\\CL.4028.docx\napplicable IMO instruments, along with the methodology and responsibility for defining respective criteria. Similar actions will be taken regarding the provisions related to type approval of materials and equipment. This corrective action will be completed by 30 June 2021.\n', 'FD\n276 The delegation of authority to ROs was not carried out in accordance with the provisions of RO Code. In addition, the Administration had not provided the ROs with all of the national legislation, corresponding interpretations or other additional regulations to give effect to the provisions of the relevant mandatory IMO instruments (SOLAS 1974, regulation XI-1 /1; RO Code, part 1, section 4.2; III Code, paragragh 18.2; III Code, paragragh 18.4).\nRoot cause\n277 There was a lack of awareness of the provisions of the RO Code III Code in relation to delegation of authority.\nCorrective action\n278 Following development and implementation of a new procedure for incorporating amendments to the applicable IMO instruments into national law, relevant requirements of the RO Code will be enacted into national legislation. In addition, after the development of the maritime safety and environmental protection programme by the Administration, the elaboration of national regulations and administrative instructions will be carried out to effectively implement the requirements of the RO Code and the agreements between the Administration and the ROs will be updated. The programme will also establish the requirement to provide the ROs with all appropriate texts of national legislation, corresponding interpretations and any additional national standards for the implementation of the relevant IMO instruments. This corrective action will be completed by 31 December 2021.\n', 'FD\n279 The oversight programme established by the Administration to monitor the ROs did not include the conduct of supplementary surveys to ensure that ships entitled to fly the flag of the State effectively comply with the requirements of the applicable mandatory IMO instruments and national laws. In addition, the Administration had insufficient personnel with good knowledge of the rules and regulations of the flag State and those of the ROs to carry out and effective oversight of the ROs (III Code, paragraph 20).\nRoot cause\n280 There was a lack of legal basis and insufficient human and financial resources for carrying out the oversight programme of the ROs.\nCorrective action\n281 With the establishment of the maritime safety and environmental protection programme by the Administration, the existing oversight programme of ROs will be revised and established under appropriate legal basis. Adequate resources will be provided and conducting supplementary surveys will be considered. In addition, a training and specialization programme will be established in order to ensure sufficient personnel with technical expertise to carry out the oversight and supervision tasks. This corrective action will be completed by 30 June 2021.\nCircular Letter No.4028\nAnnex, page 56\nI:\\C_L\\CL.4028.docx\n', 'FD\n282 The national laws and regulations did not contain penalties of adequate severity to discourage violation of international rules and standards by ships entitled to fly the flag of the State, as well as by individuals holding a certificate or endorsement issued by the Administration (III Code, paragragh 22.5; III Code, paragragh 22.7).\nRoot cause\n283 Due to outdated legislation, prescribed penalties were found not of adequate severity to discourage violation.\nCorrective action\n284 The Administration will implement the following actions:\n.1 under the safety and environmental protection programme, to be established by the Administration, new national interpretative regulations and administrative instructions for effective enforcement of the applicable IMO instruments will be developed, in coordination with the legal division; and\n.2 training and specialization programmes will be established in order to ensure sufficiently qualified personnel capable of implementing and enforcing the requirements stemming from the applicable IMO instruments. Procedures and guidelines will be developed for evaluation of effectiveness of the training programme.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n285 Although the Administration had national legislation related to enforcement of the applicable mandatory IMO instruments and had personnel in charge of implementing and enforcing such legislation, it was verified that the national legislation was insufficient and the personnel did not have adequate qualification to ensure full compliance with the applicable mandatory IMO instruments to which the State is a Party (III Code, paragragh 24.1; III Code, paragraph 24.2).\nRoot cause\n286 There was a lack of a safety and environmental protection programme, including adequate training.\nCorrective action\n287 The Administration will implement the following actions:\n.1 under the safety and environmental protection programme, to be established by the Administration, new national interpretative regulations and administrative instructions for effective enforcement of the applicable IMO instruments will be developed, in coordination with the legal division; and\nCircular Letter No.4028\nAnnex, page 57\nI:\\C_L\\CL.4028.docx\n.2 training and specialization programmes will be established in order to ensure sufficiently qualified personnel capable of implementing and enforcing the requirements stemming from the applicable IMO instruments. Procedures and guidelines will be developed for evaluation of effectiveness of the training programme.\nThis corrective action will be completed by 30 June 2021.\n', "FD\n288 The arrangements for casualty investigations were not found to be in compliance with the provisions of the Casualty Investigation Code, in particular:\n.1 there was no national legislation authorizing investigators to perform investigations on board ships; and\n.2 investigation reports were not prepared in accordance with the provisions of the Casualty Investigation Code and had not been release to the public or submitted to IMO\n(SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragragh 8.1; Casualty Investigation Code, paragraph 14.1; Casualty Investigation Code, paragraph 14.4; III Code, paragragh 38; III Code, paragraph 41).\nRoot cause\n289 Responsibility for monitoring and adoption of amendments to the applicable IMO instruments was not assigned and, in addition, there was insufficient personnel with maritime (technical and legal) expertise available to promulgate necessary legislation.\nCorrective action\n290 After the enactment of the Casualty Investigation Code into national legislation, the Administration will update existing procedures to include the issuance of national provisions for granting necessary authorizations and powers to the investigators. Guidelines will be issued for the investigators to prepare the investigation reports according to the Casualty Investigation Code. In addition, the procedure for publication and communication of the reports will be improved and the possibility of publishing the reports through the Administration's website will be considered. This corrective action will be completed by 31 December 2021.\n", 'FD\n291 No objective evidence was found that the Administration had implemented a documented system for the qualification and continuous updating of the knowledge of flag State surveyors with regard to the tasks they were authorized to undertake (III Code, paragragh 35; III Code, paragragh 36).\nRoot cause\n292 The lack of human and financial resources hampered the development of a documented system for qualification of the flag State surveyors and continuous updating of their knowledge.\nCircular Letter No.4028\nAnnex, page 58\nI:\\C_L\\CL.4028.docx\nCorrective action\n293 The Administration will implement the following actions:\n.1 training policies and programme will be developed, taking into account individual qualifications and training needs, and will include: analysis of resources allocation; permanent documented training schedule for personnel involved in surveying, audits and investigation tasks; and an introductory programme for newly recruited flag State surveyors, auditors and investigators. The said programme will be based on IMO model courses or training programmes of recognized nautical institutions and will also include provisions for in-house training; and\n.2 an annual qualification system for the flag State surveyors, auditors and investigators, based on KPIs, will be implemented.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n294 The Administration did not implement policies for the promulgation of national legislation and guidance which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is Party (III Code, paragraph 15).\nRoot cause\n295 There was no dedicated unit responsible for the formulation of policies related to promulgation of national guidance.\nCorrective action\n296 The Administration will appoint a working group, which will be responsible for formulating policies and criteria and developing procedures (or amending existing ones) for formulating and distributing policies, such as through the issuance of national legislation, circulars, administrative instructions or guidelines, as well as for defining how the interrelation and coordination with other entities of the State responsible for the implementation and/or enforcement of the applicable IMO instruments will be carried out. Furthermore, the working group will also be responsible for updating and revising any adopted policy, if requested. This corrective action will be completed by 1 November 2020.\n', 'FD\n297 The Administration had not established resources and processes capable of administering a safety and environmental protection programme, which includes:\n.1 administrative instructions to effectively implement the applicable IMO instruments and their amendments to which the State is Party;\n.2 an independent audit and inspection programme covering the entity which issues the required certificates and documentation to the ships entitled to fly the flag of the State, in order to ensure compliance with the requirements of the applicable international instruments; and\nCircular Letter No.4028\nAnnex, page 59\nI:\\C_L\\CL.4028.docx\n.3 provisions to address those requirements that are left "to the satisfaction of the Administration" and criteria for type approval of materials and equipment as required in the relevant mandatory IMO instruments to which the State is Party\n(III Code, paragragh 16.1; III Code, paragragh 16.2; III Code, paragragh 16.5).\nRoot cause\n298 There was a lack of awareness of the various aspects that should be addressed to have an effective maritime safety and environmental protection programme.\nCorrective action\n299 The Administration will develop a maritime safety and environmental protection programme, including the criteria to be followed for drafting of administrative instructions and national regulations aiming at effectively implementing the applicable IMO instruments and their respective amendments. This programme will include the policies to be followed in relation to the materials and equipment that should be of a type approved by the Administration, equivalents and alternative arrangements, as well as interpretations that are left "to the satisfaction of the Administration" in the applicable IMO instruments. In addition, the programme will include independent audits of the Administration in issuing the required certificates and relevant documentation, to verify compliance with the requirements established in the respective IMO instruments. This corrective action will be completed by 1 December 2020.\n', 'FD\n300 The measures to ensure that ships entitled to fly the flag of the State were sufficiently and efficiently manned were not fully established according to resolution A.1047 (27) (SOLAS 1974, regulation V/14; III Code, paragraph 17).\nRoot cause\n301 A responsible unit was not in place to monitor and ensure that the amendments to the mandatory IMO instruments were transposed into national legislation.\nCorrective action\n302 Within the new adoption and monitoring mechanism of amendments to the IMO instruments that will be established; the Administration will issue updated resolutions, which will take into account the latest Principles of Safe Manning in the determination of the manning complement for the ships flying the flag of the State and the issuance of related Minimum Safe Manning certificates. Key personnel will be trained in the application of new national requirements. This corrective action will be completed by 1 December 2020.\n', 'FD\n303 There was no evidence that, prior to delegating functions to ROs, the Administration had determined that ROs have adequate technical, managerial and research capabilities to accomplish the delegated tasks. In addition, the formal written agreements concluded with ROs did not meet the minimum requirements established in the relevant international instruments (SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragragh 18.1; III Code, paragragh 18.2; III Code, paragragh 18.3; III Code, paragragh 18.4).\nCircular Letter No.4028\nAnnex, page 60\nI:\\C_L\\CL.4028.docx\nRoot cause\n304 There was a lack of awareness of the provisions of the RO Code and the III Code.\nCorrective action\n305 The Administration will develop and implement a procedure for assessing the adequacy and defining the criteria for the selection of the ROs, based on their technical, managerial and research capabilities, prior to delegating the authority. The Administration will liaise with the ROs in order to conclude new agreements, according to the requirements of the respective IMO instruments. This corrective action will be completed by 1 February 2020.\n', "FD\n306 The Administration had not established an oversight programme with adequate resources for monitoring and controlling the surveys and other activities which had been delegated to the ROs. Furthermore, provisions for conducting supplementary surveys to ensure that ships entitled to fly the flag of the State effectively comply with the requirements of the applicable IMO instruments had not been developed (RO Code, part 2, section 4; III Code, paragraph 20).\nRoot cause\n307 There was no legal basis, nor were there specific procedures and a dedicated unit in place to deal with RO matters.\nCorrective action\n308 The Administration will establish an oversight programme for monitoring of the ROs and will liaise with the ROs accordingly, including in relation to the communication requirements and reports that the ROs will be required to provide to the Administration. The oversight programme will include annual audits of the ROs, conducting supplementary surveys by flag State surveyors and annual meetings with representatives of the ROs to inform them, among other issues, of any changes in the policies of the Administration, requirements established by national laws and Administration's standards. The oversight programme will be established according to the recommendations of part 3 of the RO Code. This corrective action will be completed by 1 February 2020.\n", 'FD\n309 There were no legal instruments, regulations or similar provisions in place which would prescribe penalties, including fines and/or other comparable measures, of adequate severity to discourage violation of international rules, regulations and standards by ships entitled to fly the flag of the State (III Code, paragraph 22.5).\nRoot cause\n310 Certain national laws were outdated and did not grant enforcement powers to the Administration.\nCircular Letter No.4028\nAnnex, page 61\nI:\\C_L\\CL.4028.docx\nCorrective action\n311 The Administration will submit a proposal to relevant governmental authorities, for the Administration to be granted enforcement powers, including imposition of fines and issuance of other preventive and deterring measures in the interest of minimizing the breach of international rules and regulations. The Administration’s legal department, to be established, will be responsible for drafting new legal provisions and updating existing ones, jointly with the technical staff of the Administration, before submitting them for necessary approvals and enactment into national law. This corrective action will be completed by 1 February 2020.\n', "FD\n312 The Administration had not developed or implemented a control and monitoring programme, as appropriate, in order to:\n.1 collect statistical data from the fleet, so that trend analyses can be conducted to identify problem areas;\n.2 ensure compliance with the applicable international instruments through national legislation; and\n.3 provide an appropriate number of qualified personnel to implement and enforce the national legislation, resolutions, administrative instructions or national guidance developed to assist in the full implementation of the respective international instruments, including personnel for performing investigations and surveys\n(III Code, paragragh 23.2; III Code, paragragh 24.1; III Code, paragragh 24.2).\nRoot cause\n313 There was a lack of human, financial and logistics resources.\nCorrective action\n314 The Administration will implement the following actions:\n.1 procedures for evaluation of flag State performance will be developed under the framework of the new overall strategy, therefore, provisions for the collection of statistical data as a basis for the conduct of trend analyses will be established as part of the performance evaluation in order to improve the efficacy of the processes. In addition, procedures for evaluation of the State's measures and policies will also be established to ensure compliance with its obligations through the enactment of appropriate national legislation and guidelines; and\n.2 an assessment will be conducted of necessary resources, in particular qualified personnel for the implementation and enforcement of the applicable IMO instruments, including performance of surveys and investigations, and additional personnel will be recruited accordingly.\nThis corrective action will be completed by 1 December 2020.\nCircular Letter No.4028\nAnnex, page 62\nI:\\C_L\\CL.4028.docx\n", 'FD\n315 No objective evidence was found that the Administration had implemented a documented system for the qualification and continuous updating of the knowledge of flag State surveyors with regard to the tasks they were authorized to undertake (III Code, paragraph 35).\nRoot cause\n316 There were insufficient human and financial resources, which hampered the development of a documented system for qualification of flag State surveyors and continuous updating of their knowledge.\nCorrective action\n317 The Administration will implement the following actions:\n.1 a specific directorate will be assigned responsibility for elaboration and development of a documented system for qualification of flag State surveyors and continuous updating of their knowledge. The system will comprise a permanent training programme that will include assessment of existing level of qualification and training of flag State surveyors, assessment and provision of human and financial resources needed, identification of the type of training and schedule for continuous updating of the knowledge of flag State surveyors, levelling plan for new surveyors, PSCOs and auditors. The mentioned training programme will be based on the IMO model courses or training programmes of recognized nautical institutions; and\n.2 coordination will be established with regional organizations in order to include flag State surveyors, PSCOs and auditors in regional trainings. The training programme will also include provisions for in-house training.\nThis corrective action will be completed by 1 February 2020.\n', "FD\n318 The arrangements for conducting casualty investigations did not comply with the Casualty Investigation Code, in particular regarding the impartiality and objectivity of investigators, the release of the reports to the public, and reporting to IMO (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; MARPOL, article 12(1); LL 1966, article 23; Casualty Investigation Code, paragragh 11.1; Casualty Investigation Code, paragragh 14.4; III Code, paragragh 38; III Code, paragraph 41).\nRoot cause\n319 Due to the lack of human and financial resources, a dedicated unit responsible for ensuring that casualty investigations are carried out in accordance with the requirements of the Casualty Investigation Code was not designated.\nCircular Letter No.4028\nAnnex, page 63\nI:\\C_L\\CL.4028.docx\nCorrective action\n320 The Administration will implement the following actions:\n.1 updates of national legislation will be initiated in order to enact the requirements of the Casualty Investigation Code and related procedures and guidelines will be developed and implemented;\n.2 in order to ensure impartiality and objectivity of the investigators, specific and exclusive investigators will be appointed. In addition, the required communication of information to IMO regarding casualty investigations will be included in the new procedure on the communication of information to IMO; and\n.3 a website will be developed to make available to the maritime sector information related to Administration's resolutions, guidelines and criteria adopted for the implementation and enforcement of the requirements stemming from IMO instruments on maritime safety and environmental protection, as well as reports on casualty investigations.\nThis corrective action will be completed by 1 March 2020.\n", 'FD\n321 There was no system in place for the Administration to periodically evaluate its performance in respect of administrative processes, procedures and resources necessary to meet its obligation and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragragh 42; III Code, paragragh 43).\nRoot cause\n322 There was no management system in place to measure the performance in the conduct of flag State activities.\nCorrective action\n323 The assessment and review of performance under the new overall strategy will allow the Administration to coordinate with all the State entities who share responsibilities for flag State activities and to develop a mechanism containing clear lines of authority, assigned responsibilities, as well as defined objectives and key performance indicators for all involved entities to measure and evaluate their performance. The performance evaluation will be carried out annually and respective records will be generated to monitor the implementation of the defined improvement actions. This corrective action will be completed by 1 November 2021.\n', 'FD\n324 The State had not developed any interpretations and determinations in relation to those requirements left to satisfaction of the Administration in relevant IMO instruments (SOLAS 1974, regulation II-1/5-1.1; SOLAS 1974, regulation III/4; MARPOL, Annex I, regulation 14.3; MARPOL, Annex I, regulation 14.6; III Code, paragraph 16.5).\nCircular Letter No.4028\nAnnex, page 64\nI:\\C_L\\CL.4028.docx\nRoot cause\n325 The Administration relied on ROs to use their own interpretations and was not aware of its role under the mandatory requirements.\nCorrective action\n326 The Administration will implement the following actions:\n.1 a legal definition of the term "to the satisfaction of the Administration" will be developed and will be included in the QMS of the Maritime Division and subsequently in the relevant Act on Maritime Navigation, as amended; and\n.2 a review of all areas left "to the satisfaction of the Administration" in the mandatory IMO instruments will be undertaken and related decisions on the policy, criteria, interpretations and/or mechanism for addressing each provision will be made and documented. Those areas which include specific technical knowledge will be addressed in cooperation and consultation with the ROs.\nThis corrective action will be completed by 31 December 2023.\n', 'FD\n327 Although the agreements between the Administration and ROs were in place, these did not contain the elements as required by the RO Code and were not kept up to date. In addition, the Administration delegated authority for issuance of certificates under MARPOL Annexes IV and V to yachts to a private entity without concluding an agreement in accordance with the requirements of the RO III Codes (RO Code, part 2, section 1.2; RO Code, part 2, appendix 3; III Code, paragraph 18.2).\nRoot cause\n328 The Administration did not consider practical or necessary to amend the existing agreements with the ROs, as there had been no ship entitled to fly the flag of the State since 1997.\nCorrective action\n329 The existing RO agreements will be terminated by the end of 2019. This corrective action will be completed by 31 December 2019.\n', 'FD\n330 The Act on Navigation empowers employees of the Maritime Division to carry out casualty investigation, which did not ensure that investigations are conducted by impartial and objective investigators. There was no requirement in national provision to communicate report of casualty investigations to IMO and to make it public (SOLAS 1974, regulation I/21(b); Casualty Investigation Code, paragragh 11.1; Casualty Investigation Code 14.4; III Code, paragragh 38; III Code, paragraph 41).\nRoot cause\n331 Due to the fact that there had been no ship entitled to fly the flag of the State since 1997, defining a legal basis in national legislation for conducting marine safety investigations in an impartial and objective manner was not considered as a priority for the Administration and there was no persuasion of the need to establish such a system.\nCircular Letter No.4028\nAnnex, page 65\nI:\\C_L\\CL.4028.docx\nCorrective action\n332 Amendments to the Act on Maritime Navigation, as amended, as well as the respective documentation within the QMS of the Maritime Division, will be developed and implemented in line with the requirements related to marine safety investigations as stipulated in the Casualty Investigation Code and the III Code. This corrective action will be completed by 31 December 2023.\n', 'FD\n333 With the exception of the Manila Amendments 2010 to the 1978 STCW Convention and to the STCW Code, the Administration had not put in place policies through issuing national rules and regulations that would facilitate the implementation and enforcement of the requirements of other conventions and protocols to which the State is Party (III Code, paragraph 15.1).\nRoot cause\n334 The lack of knowledge of the III Code requirements related to implementation of policies through issuing national legislation and guidelines to assist in the implementation and enforcement of the applicable mandatory instruments to which the State is Party for flag State activities was at the origin of this finding.\nCorrective action\n335 The Administration will develop and implement policies through issuing national legislation and guidelines covering all flag State activities. In addition, the Administration will regularly define, update and review national rules and regulations to facilitate the implementation and enforcement of the requirements of all the conventions and protocols to which the State is Party. This corrective action will be completed by 31 December 2019.\n', 'FD\n336 The Administration had not put in place processes to administer a safety and environmental protection programme, including administrative instructions, an independent audit and inspection programme, and guidance on the requirements of the applicable mandatory IMO instruments that are left to the satisfaction of the Administration (III Code, paragragh 16.1; III Code, paragragh 16.2; III Code, paragragh 16.5).\nRoot cause\n337 The implementation of regulations and their technical aspects were insufficient. The arrangements established for supervision and monitoring were inadequate. There were no procedures to implement an independent audit and inspection programme and the requirements of the mandatory IMO instruments left to the satisfaction of the Administration were not well known.\nCorrective action\n338 The Administration will develop, adopt and implement documented procedures and make the necessary resources available to manage a maritime safety and environmental protection programme that ensures the efficiency of delegation of authority mechanisms, inspection and the issuance of certificates for the purpose of the implementation of IMO instruments, including requirements that are left "to the satisfaction of the Administration".\nCircular Letter No.4028\nAnnex, page 66\nI:\\C_L\\CL.4028.docx\nThe Administration will implement an independent audit and inspection programme, including an inspection campaign on board ships flying the flag of the State, and checks will be carried out at this time to ensure that the regulatory certificates issued to ships are in accordance with the mandatory IMO instruments to which the State is Party. This corrective action will be completed by 31 December 2019.\n', 'FD\n339 The agreement concluded with INSB did not include all the minimum elements required by the RO Code and Bureau Veritas issued international certificates to ships flying the flag of the State without an official agreement in place. In addition, the Administration did not have an oversight programme in place nor adequate resources to monitor activities related to the statutory certification activities that were delegated to ROs. There was also no evidence of specific instructions describing actions to be taken in the event that a ship is found unfit to proceed to sea without posing a danger to the ship itself or persons on board (SOLAS 1974, regulation I/6; SOLAS 1974, regulation XI-1/1; LL 1966, article 13; RO Code, part 2, section 1.2; RO Code, part 2, appendix 3; RO Code, part 2, section 8; III Code, paragragh 18; III Code, paragragh 20).\nRoot cause\n340 The mandatory IMO requirements applicable to the delegation of authority to recognized organizations were not well known and not transposed into national legislation.\nCorrective action\n341 National legislation and procedures will be developed and implemented by the Administration for all the requirements of the RO Code, including those relating to the evaluation, recognition and monitoring programme of ROs. The existing agreements for the authorization of ROs will be reviewed and brought into compliance with the provisions of the RO Code, and the Administration will provide the necessary resources to meet its obligations. This corrective action will be completed by 31 December 2020.\n', 'FD\n342 The Administration had not taken all the necessary measures to ensure that the international rules and standards were observed by ships entitled to fly the flag of the State, in order to ensure compliance with international obligations under MARPOL (III Code, paragraph 22.2).\nRoot cause\n343 The MARPOL Convention was not transposed into national legislation. There was a lack of knowledge of the mandatory requirements of MARPOL and surveyors lacked sufficient training to monitor compliance.\nCorrective action\n344 National legislation and procedures will be developed and implemented by the Administration for all the requirements of MARPOL, including those relating to the evaluation, endorsement and monitoring programme of ROs. The existing agreements for authorization of ROs will be reviewed and brought into compliance with the provisions of MARPOL, and the Administration will provide the necessary resources to meet its obligations. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 67\nI:\\C_L\\CL.4028.docx\n', "FD\n345 The Administration did not define nor document the responsibilities and authority of all personnel who managed, performed and verified safety and pollution prevention activities and the relationships between staff, particularly in the case of flag State surveyors. In addition, the Administration did not have a documented system for the qualification of personnel and the updating of their knowledge, and it did not issue identification documents to surveyors (III Code, paragragh 28; III Code, paragragh 35; III Code, paragragh 37).\nRoot cause\n346 The Administration did not have clear procedures for defining the responsibilities, authority and required qualifications of flag State surveyors in accordance with the III Code and there was no training programme for surveyors.\nCorrective action\n347 The responsibilities of flag State surveyors, as well as the requirements concerning their qualifications will be documented and adopted in accordance with the III Code. The Administration will adopt procedures for inspection activities related to safety and pollution prevention and guidelines to coordinate the activities of flag State surveyors will be developed. A documented system will be established for identifying the individual qualification and training needs of flag State surveyors and for providing them with the corresponding training, in order to ensure that their knowledge is updated for the tasks they are authorized to undertake. The issuance of surveyors' identification documents will be established and implemented. This corrective action will be completed by 31 December 2020.\n", 'FD\n348 The Administration was unable to demonstrate that it periodically evaluated its performance with regard to the implementation of methods, procedures and administrative resources necessary to meet its obligations under the instruments to which the State is Party (III Code, paragragh 42; III Code, paragragh 43; III Code, paragragh 44).\nRoot cause\n349 The Administration did not have a strategy or procedure for evaluating and revising its performance with respect to the obligations stemming from the mandatory IMO instruments.\nCorrective action\n350 The Administration will develop and implement a system to periodically review and evaluate its performance and to determine whether its staff, resources and administrative procedures were sufficient for meeting the flag State obligations. Documented procedures will be developed and established, and the Administration will allocate necessary human and technical resources to annually evaluate and review its performance in conducting flag State activities. This corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 68\nI:\\C_L\\CL.4028.docx\n', 'FD\n351 The Administration had not taken necessary measures to:\n.1 extend the implementation of the mandatory provisions of Annexes I and V of MARPOL to ships entitled to fly the flag of the State, regardless of their size and area of navigation; and\n.2 address the application of the requirements of SOLAS Chapter V to specific categories of ships\n(SOLAS 1974, regulation V/1.4; MARPOL, Annex I, regulation 14.4; MARPOL, Annex I, regulation 14.6; III Code, paragraph 15.1).\nRoot cause\n352 The mandatory provisions of SOLAS 1974 and MARPOL were not transposed into national legislation and were not well known. Flag State surveyors were not trained to implement relevant requirements of the mandatory IMO instruments.\nCorrective action\n353 The Administration will develop a policy and an action plan for the establishment of a legal framework to effectively implement:\n.1 the mandatory provisions of all Annexes to MARPOL applicable to ships authorized to fly the flag of the State, regardless of their size and area of navigation; and\n.2 the provisions of chapter V of SOLAS 1974 to specific categories of ships.\nGuidelines and circulars will be adopted and communicated to flag State surveyors to ensure that periodic monitoring of compliance with the requirements of SOLAS 1974 and MARPOL takes place. In addition, a training programme for surveyors will be developed, which will include the applicable provisions of these instruments related to specific types and sizes of ships. This corrective action will be completed by 31 December 2019.\n', "FD\n354 The Administration did not develop, document and implement policies through issuing national legislation and guidance which would assist the implementation and enforcement of the requirements of the applicable mandatory IMO instruments. In addition, the responsibilities for carrying out various activities within the Administration were not clearly defined (III Code, paragraph 15).\nRoot cause\n355 There was a lack of legislative and administrative mechanisms that define the powers of national institutions involved in the implementation and enforcement of the requirements of all IMO safety and pollution prevention conventions and protocols.\nCircular Letter No.4028\nAnnex, page 69\nI:\\C_L\\CL.4028.docx\nCorrective action\n356 The Administration will develop and implement policies and guidelines, which will assist in the implementation and enforcement of the flag State related requirements from all IMO safety and pollution prevention instruments to which the State is Party. It will ensure the development of internal guidance to promulgate the maritime administration's policies with regards to the implementation and enforcement of the relevant mandatory IMO instruments, and will also assign dedicated personnel with the responsibility for updating and revising any relevant policy adopted. In addition, the maritime administration will ensure the development of regulation defining powers and responsibilities, in the area of flag State activities, for each national institution involved in the implementation and enforcement of the applicable mandatory IMO instruments related to safety and pollution prevention. This corrective action will be completed by 31 July 2019.\n", "FD\n357 There was evidence to indicate that the processes and resources established by the Administration were inadequate for timely issuance of administrative instructions and interpretative national regulations, where necessary, to give full effect to the applicable instruments. This includes documenting policies and instructions on issuing exemptions, equivalents, alternative arrangements and type approvals of materials and equipment as required by conventions (III Code, paragraph 16.1).\nRoot cause\n358 There was a lack of resources, in particular suitably qualified and competent technical and administrative personnel, for the development of relevant guidance.\nCorrective action\n359 The Administration will:\n.1 identify all relevant provisions of the mandatory IMO instruments, which require determination of specific policies for the implementation and enforcement or issuance of specific instructions for personnel of the Administration (e.g. flag State surveyors/inspectors);\n.2 document specific policies and issue associated guidelines and instructions, including those for issuing and approving exemptions, equivalents and alternative arrangements, as well as for defining the process for type approvals of materials and equipment as required by conventions;\n.3 establish adequate processes and resources to administer a safety and environment protection programme;\n.4 develop a programme to ensure continuous training of existing and future personnel; and\n.5 develop a mechanism through which the responsible Ministry will conduct periodical monitoring and evaluation of the Administration's activities related to the implementation of these corrective measures.\nThis corrective action will be completed by 31 January 2019.\nCircular Letter No.4028\nAnnex, page 70\nI:\\C_L\\CL.4028.docx\n", 'FD\n360 There was no evidence that the Administration maintained a system of approval for inflatable liferaft servicing stations, including the servicing facilities and the training of personnel (SOLAS 1974, regulation III/20.8.1.2; III Code, paragraph 16.2).\nRoot cause\n361 The Administration had not considered establishing a QMS prior to the implementation of the 1995 amendments to the 1978 STCW Convention. A proper QMS within the Administration would have included a process for approval of inflatable liferaft servicing stations and other similar facilities.\nCorrective action\n362 The Administration will develop and implement a QMS, which will incorporate procedures associated with the process for approval of servicing stations and similar facilities in accordance with the requirements of the applicable IMO instruments. All relevant requirements will be identified, and approval and inspection processes established. This system will also be incorporated into the new Shipping Act with attendant regulations. This corrective action will be completed by 31 December 2019.\n', 'FD\n363 There was no evidence that the Administration communicated to IMO mandatory reports on dispensations. In addition, there was no process in place, including supporting procedures and criteria, for recognition of certificates in accordance with requirements of STCW 1978 (STCW 1978, article VIII/3; STCW 1978, regulation I/10; III Code, paragragh 16.3.5; III Code, paragragh 27).\nRoot cause\n364 No administrative policy/procedure or national legislation was established to deal with reporting obligations due to limited human resources, in particular with regard to technical expertise.\nCorrective action\n365 The Administration will implement the following actions:\n.1 review the requirements for reporting to IMO and develop a documented procedure for mandatory communication of information to IMO under the relevant IMO instruments;\n.2 develop a quality standards system as required under STCW 1978, which will include process and procedure for recognition of certificates in accordance with requirements of STCW 1978. This system will also be incorporated into the new Shipping Act with regulations in support of the Manila Amendments; and\n.3 communicate to IMO all identified information that had not been communicated before.\nThis corrective action will be completed by 31 August 2018.\nCircular Letter No.4028\nAnnex, page 71\nI:\\C_L\\CL.4028.docx\n', "FD\n366 There was no evidence that the Administration had established measures to enforce requirements related to fitness for duty and watchkeeping arrangements. This includes fatigue prevention, prevention of drug and alcohol abuse and hours of work and rest (STCW 1978, regulation VIII/1.1; STCW 1978, regulation VIII/1.2; STCW 1978, regulation VIII/2.1; STCW 1978, regulation VIII/2.2; III Code, paragraph 16.3).\nRoot cause\n367 The 2010 amendments to the 1978 STCW Convention have not been incorporated into the State's national law, and therefore were not enforceable, due to insufficient legal resources.\nCorrective action\n368 The State will expedite the process of finalizing its new Shipping Act, which will incorporate the 2010 amendments to the 1978 STCW Convention. Regulations in support of the Manila amendments shall also be promulgated upon the enactment of the aforementioned act. The Administration will establish a mechanism mandating companies to maintain records of hours of work and rest periods of the seafarers they employ. Such records will be inspected by the Administration at appropriate intervals to ensure compliance with new requirements. Inspection of relevant documents on board ships will be included in a programme of flag State inspections, which will be established. This corrective action will be completed by 31 December 2020.\n", 'FD\n369 There was no evidence that the Administration had developed a process to provide interpretations and guidance concerning those requirements left "to the satisfaction of the Administration" in the mandatory IMO instruments (SOLAS 1974, regulation III/4; SOLAS 1974, regulation V/18.1; III Code, paragraph 16.5).\nRoot cause\n370 There was a lack of human resources, in particular suitably qualified and competent technical and administrative personnel.\nCorrective action\n371 The Administration will identify all provisions that are left to the satisfaction of the Administration in the relevant IMO instruments and issue related guidelines, instructions and/or interpretations. The Administration will develop a programme to ensure continuous training of existing and new personnel to be recruited. A mechanism will be developed through which the Ministry of Transport will conduct periodical monitoring and evaluation of the Administration\'s activities related to the implementation of these corrective measures. This corrective action will be completed by 31 January 2019.\n', 'FD\n372 The Administration did not demonstrate that it has in place necessary measures to ensure compliance by ships flying the flag of the State through, inter alia, conducting periodic inspections of such ships and having adequate penalties to discourage violation of international rules and standards (III Code, paragraph 22).\nCircular Letter No.4028\nAnnex, page 72\nI:\\C_L\\CL.4028.docx\nRoot cause\n373 There was a lack of human resources, in particular suitably qualified and competent technical and administrative personnel.\nCorrective action\n374 The Administration will:\n.1 conduct a review of the current practice regarding the observance of international rules and standards in relation to flag State implementation and enforcement;\n.2 develop a programme of flag State inspections in order to achieve compliance with international obligations;\n.3 initiate the inclusion of penalties of adequate severity into national legislation, based on data derived from the implementation of the flag State inspection programme; and\n.4 fill existing vacancies to ensure adequate level of maritime expertise.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n375 No evidence could be established that the Administration ensured that marine safety investigations are conducted by impartial and objective marine investigators. Under national provisions, investigations were not conducted and reported on in accordance with the Casualty Investigation Code. Reports of investigations were not made public (Casualty Investigation Code, paragragh 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragragh 38; III Code, paragraph 41).\nRoot cause\n376 The State had not developed and implemented relevant amendments to its Shipping Act and had not engaged the required resources to carry out casualty investigations, due to a lack of resources.\nCorrective action\n377 The following actions will be implemented:\n.1 the State will ensure that the new Shipping Act provides for the implementation of marine safety investigations in accordance with the Casualty Investigation Code;\n.2 the Administration will review the current practice to ensure impartiality and objectivity of the investigators carrying out marine investigations. It will create a mechanism where impartiality is considered when selecting investigators and also absence of interference of the entity responsible for statutory certification in processing the investigation reports will be ensured;\nCircular Letter No.4028\nAnnex, page 73\nI:\\C_L\\CL.4028.docx\n.3 a job profile for the post of maritime casualty investigator will be established, as well as training requirements updated, in line with the international requirements. Training will be planned and provided, the effectiveness of training evaluated, and relevant record-keeping procedures will be developed and implemented; and\n.4 responsibilities will be assigned to staff for the arrangements related to providing marine safety investigation reports to the public.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n378 There was no documented evidence to establish that the Administration had undertaken periodic evaluation of its performance in order to determine whether staffing, resources and administrative processes were adequate to meet its flag State obligations (III Code, paragragh 42; III Code, paragragh 43).\nRoot cause\n379 The culture of improvement, based on periodical evaluation and review of various activities of the Administration, was not widely accepted. There was also no awareness of the related requirements of the III Code. In addition, under the existing culture of the responsible Ministry, there was no documented procedure nor practice for staff development.\nCorrective action\n380 The Administration will undertake the following actions:\n.1 short term: until more tangible methods are established, periodic reviews and evaluation of the performance in the conduct of flag State activities will be conducted, based on defined performance indicators, in order to determine whether staffing, resources and administrative processes are adequate to meet the flag State obligations;\n.2 long term: reporting mechanisms will be included in the national legislation, in order to ensure that the evaluation of performance in the area of flag State activities is taken into consideration at the State level; and\n.3 in addition, staff development procedures will be included in the QMS of the Administration, and the implementation thereof will be monitored in the context of ensuring required competence of the staff and promoting the culture of continuous improvement.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n381 Although the authority for the Administration to delegate statutory certification work was provided in national legislation, the delegation of authority to ROs and nominated surveyors was not regulated and implemented in accordance with applicable requirements of the international mandatory instruments. There was no evidence of an oversight programme established by the Administration and there were no sufficient resources available for the monitoring of, and communication with, its ROs (SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 1.2; RO Code, part 2, appendix 3; RO Code, part 2, section 8; III Code, paragragh 18; III Code, paragragh 20; III Code, paragragh 21).\nCircular Letter No.4028\nAnnex, page 74\nI:\\C_L\\CL.4028.docx\nRoot cause\n382 The Administration had a lack of resources to fully carry out its duties in relation to delegation of authority.\nCorrective action\n383 The Administration will implement the following actions:\n.1 recruit additional staff with relevant maritime expertise;\n.2 regulate the process of delegation of authority and monitoring of ROs, by developing, amending and implementing national legislation in line with the relevant requirements of the RO Code and the III Code;\n.3 review the current memoranda of understanding and contracts with ROs with the aim of improving administrative reporting and oversight;\n.4 develop a process for the biennial review of ROs; and\n.5 develop a system of administrative reporting for ROs.\nThis corrective action will be completed by 28 February 2019.\n', 'FD\n384 The Administration did not develop and implement a control and monitoring programme with adequate numbers of qualified personnel to ensure compliance with the applicable international instruments (III Code, paragraph 24).\nRoot cause\n385 There were no written procedures and insufficient personnel to ensure compliance, due to a lack of financial and human resources. In addition, legislation was not developed, both as a result of the shortage of technical expertise and also due to the lengthy legislative process and competing legislative priorities.\nCorrective action\n386 The Administration will implement the following actions:\n.1 a procedure will be developed and implemented for establishing a control and monitoring programme, taking into account the requirements of the III Code;\n.2 national legislation will be updated, and a mechanism will be incorporated which will be designed to ensure that changes in the mandatory IMO instruments are monitored for incorporation into the control and monitoring programme in a timely manner; and\n.3 a training plan for flag State surveyors and investigators will be developed and incorporated into the strategic HR plan and policy. In addition, the process for the selection of staff and conducting training activities will be reviewed to achieve the required number of competent personnel.\nCircular Letter No.4028\nAnnex, page 75\nI:\\C_L\\CL.4028.docx\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n387 There was no evidence of a documented system in place for the qualification of flag State surveyors and continuous updating of their knowledge as appropriate to the tasks that they are authorized to undertake (III Code, paragraph 35).\nRoot cause\n388 While the Administration utilized obsolete IMO guidelines and did not prioritize documenting the qualifications as it was believed that the use of the guidelines issued by IMO was sufficient to indicate compliance. The development of a plan for continuous training of flag State surveyors was also not given priority as there was insufficient funding provided for the existing staff training needs.\nCorrective action\n389 The Administration will formally document the qualification requirements for flag State surveyors, as well as the related job descriptions, which will be incorporated into its human resource policy document. The policy shall also address the evaluation of required training needs of individual flag State surveyors and provision of necessary training appropriate to the tasks they are authorized to undertake, through the development of a documented programme which will ensure continuous development for all surveyors in order to comply with relevant requirements. This corrective action will be completed by 31 January 2019.\n', 'FD\n390 The division of responsibilities between the key entities and functions in the Administration involved in the implementation and enforcement of the mandatory IMO instruments had not been defined nor documented (III Code, paragraph 15).\nRoot cause\n391 The key entities of the Administration involved in the implementation and enforcement of flag State requirements stemming from the mandatory IMO instruments were not fully aware of the responsibilities assigned to them.\nCorrective action\n392 The nodal entity of the Administration will develop a matrix establishing clear division of responsibility to each competent maritime authority, as stipulated in national legislation. This matrix will be circulated to all involved entities of the Administration and updated periodically. This corrective action will be completed by 31 December 2018.\n', 'FD\n393 The Administration had not implemented a documented system for qualification of personnel appointed as flag State surveyors and for continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake (III Code, paragragh 35; III Code, paragragh 36).\nCircular Letter No.4028\nAnnex, page 76\nI:\\C_L\\CL.4028.docx\nRoot cause\n394 The qualification and training requirements, including refresher training procedures, for flag State inspectors and surveyors were not established by the Administration. Hence, documentation on this matter was not available.\nCorrective action\n395 A documented system for the selection, appointment and training of flag State inspectors and surveyors will be developed and included in the QMS of the Administration. It will include, inter alia:\n.1 programme for continuous updating of knowledge of flag State inspectors and surveyors as appropriate to the tasks they are authorized to undertake;\n.2 procedures to address shortcomings in the communication with flag State inspectors and surveyors; and\n.3 periodical reporting on revised policies and circulars to enhance their knowledge on the activities of the Administration.\nThis corrective action will be completed by 30 June 2019.\n', "FD\n396 The State had not established an oversight programme for the monitoring of, and communication with, the contractual agency (who carried out the implementation of IMO instruments on vessels on international voyages) to ensure that the international obligations of the State are fully met. In addition, there were no records available to demonstrate that either the Administration or the Deputy Commissioner established or participated in an oversight programme of the ROs (III Code, paragragh 16.2; III Code, paragragh 20).\nRoot cause\n397 The lack of resources in the Administration and the absence of comprehensive oversight processes contributed to this finding.\nCorrective action\n398 The Administration will assess the resources needed and take measures to provide them accordingly. In addition, the Administration will assign responsibilities to provide oversight for continuous improvement in the implementation, enforcement, evaluation and monitoring of the organizations entrusted with implementation duties. Documented procedures will be developed and implemented to cover the ROs' assessment, evaluation, recognition and oversight programme. Each RO will be monitored once every four years using a combination of activities, such as, but not limited to:\n.1 remote monitoring and verification of compliance with instructions issued to ROs; documents issued on behalf of the Administration, including instructions for implementation of national requirements; and third-party audit reports, preferably reports from other administrations;\nCircular Letter No.4028\nAnnex, page 77\nI:\\C_L\\CL.4028.docx\n.2 participation as an observer during an audit by another Administration, in the case of ROs providing statutory certification activities for more than 50 ships flying the flag of the State; and\n.3 scheduling of meetings with ROs to discuss results of port State control (PSC) inspections in terms of responsibility of ROs and the Administration's policies.\nThis corrective action will be completed by 31 December 2019.\n", 'FD\n399 The Administration did not issue administrative instructions or develop and disseminate interpretative national regulations that are needed to ensure compliance with applicable IMO instruments, including interpretations of those requirements of the relevant IMO instruments that are left to the satisfaction of the Administration (III Code, paragragh 16.1; III Code, paragragh 16.5).\nRoot cause\n400 The Administration did not have in place a formalized or documented QMS and operational manuals in order to implement the applicable international rules and regulations and to provide interpretation on the requirements of the mandatory IMO instruments that are left to the satisfaction of the Administration.\nCorrective action\n401 The Administration will establish and formalize a QMS aligned with the ISO 9001:2015 standards, which will include the procedures for addressing those requirements that are left to the satisfaction of the Administration and for the provision of interpretations. This system will also include a continuous improvement programme to ensure that all systems and procedures are up to date and that the respective departments affected are kept informed. This corrective action will be completed by 30 June 2019.\n', 'FD\n402 The Administration had not defined and documented the responsibilities, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention (III Code, paragraph 28).\nRoot cause\n403 The Administration did not have in place documents defining duties, responsibilities and authorities of personnel associated with the work relating to and affecting safety and pollution prevention.\nCorrective action\n404 The Administration will develop and document the responsibilities and authority of all personnel who manage, perform and verify the activities related to safety and pollution prevention. This corrective action will be completed by 30 June 2019.\nCircular Letter No.4028\nAnnex, page 78\nI:\\C_L\\CL.4028.docx\n', 'FD\n405 The Administration had not issued an identification document for the surveyors to carry when performing their tasks as flag State surveyors (III Code, paragraph 37).\nRoot cause\n406 The Administration was not aware of the mandatory requirement that an identification document should be issued to the surveyor to carry when performing his/her tasks.\nCorrective action\n407 The Administration will issue necessary orders for issuance of identification documents to all existing surveyors immediately and henceforth to all new surveyors at the time of joining the service. This corrective action will be completed by 30 June 2019.\n', "FD\n408 The Administration did not develop, document and implement policies through the issuance of national legislation and guidance which would assist in the implementation and enforcement of the requirements of the applicable mandatory IMO instruments. In addition, the responsibilities for carrying out various activities within the Administration were not clearly defined (III Code, paragraph 15).\nRoot cause\n409 There was a lack of technical and legal resources within the Ministry responsible for shipping, which is the focal point of the Administration. In addition, following the State's legislative process, the ratification of a new convention or the transposition of an amendment to an existing one takes a long time. Moreover, roles and responsibilities within the Administration were not formally defined.\nCorrective action\n410 The Administration will implement the following actions:\n.1 the Ministry will recruit technical and legal personnel with a background in maritime affairs to assist in discharging the responsibilities of the Administration;\n.2 each agency of the Administration will be engaged to review, analyse and define its responsibilities;\n.3 until appropriate legislation is in place, administrative arrangements clearly defining roles and responsibilities will be concluded with agencies for the execution of functions of the Administration;\n.4 a memorandum of agreement will be concluded between the State and the agency that will manage the international ships' registry on its behalf. This agreement will, inter alia, identify the obligation and responsibilities of each party;\nCircular Letter No.4028\nAnnex, page 79\nI:\\C_L\\CL.4028.docx\n.5 the role and function of the Principal Registrar will be clearly defined by the Government which appoints the Principal Registrar under the Shipping Act; and\n.6 policies will be documented and implemented through issuing national legislation and guidance (e.g. delegation of authority, monitoring of ROs, issuing exemptions and issuing minimum safe manning documents).\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n411 There was evidence to indicate that the processes and resources established by the Administration were inadequate for the timely issuance of administrative instructions and interpretative national regulations, where necessary, to give full effect to the applicable instruments (SOLAS 1974, regulation III/4; SOLAS 1974, regulation IV/14; SOLAS 1974, regulation V/18.1; COLREG 1972, annex I, paragraph 14; III Code, paragragh 16.1; III Code, paragragh 16.3.2; III Code, paragragh 16.5).\nRoot cause\n412 The Administration did not have personnel with the adequate technical and legal expertise to assist in the development of the necessary administrative instructions, national regulations and guidance.\nCorrective action\n413 The Administration will implement the following actions:\n.1 the Ministry will recruit technical and legal personnel with a background in maritime to assist in the development of the necessary administrative instructions, national regulations and guidance;\n.2 will recruit technical personnel to assist in the discharge of the functions related to the flag State responsibilities and obligations stemming from the mandatory IMO instruments;\n.3 in coordination with the Ministry will review existing processes, policies and procedures, identify any gaps and implement any necessary updates, including developing necessary administrative instructions and guidance, including those related to areas left "to the satisfaction of the Administration" in the mandatory IMO instruments; and\n.4 an oversight programme will be established in order to ensure that activities of the responsible entity for the registry are in compliance with the State\'s obligations under respective IMO instruments.\nThis corrective action will be completed by 30 September 2020.\n', "FD\n414 There was no evidence that the Administration had:\n.1 determined that the ROs had adequate resources in term of technical, managerial and research capabilities;\nCircular Letter No.4028\nAnnex, page 80\nI:\\C_L\\CL.4028.docx\n.2 issued specific instructions to ROs detailing actions to be followed in the event of an unseaworthy ship; as well as specific instructions to nominated surveyors engaged for surveys of ships on domestic voyages;\n.3 provided ROs and nominated surveyors (domestic ships) with all appropriate instruments of national laws and interpretations thereof; and\n.4 established or participated in an oversight programme using adequate resources to monitor the ROs and communicate relevant information to IMO; as well as to monitor the activities of nominated surveyors in order to ensure that specific requirements stemming from the applicable IMO instruments are met\n(SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragragh 18.1; III Code, paragragh 18.3; III Code, paragragh 18.4; III Code, paragraghh 20).\nRoot cause\n415 There was an inadequate organisational structure and mechanisms to effectively regulate the delegation of authority to ROs and to provide ROs' oversight capabilities in accordance with the required standards. There were also insufficient human resources with legal and technical maritime expertise with the overall knowledge of the mandatory IMO provisions applicable to the delegation of authority to ROs and nominated surveyors.\nCorrective action\n416 The Administration will implement the following actions:\n.1 the RO Code will be incorporated into national law and the Ministry will include it in the gap analysis of existing legislation;\n.2 the responsible entity for the registry will review its agreements with the ROs, as well as the instructions to ROs, to ensure compliance with the requirements of the III Code;\n.3 a system to provide the ROs and nominated surveyors with all appropriate instruments of national laws and interpretations thereof;\n.4 the Ministry will develop, implement and promulgate to nominated surveyors’ instructions for the conduct of surveys of ships on domestic voyages;\n.5 the Ministry and the responsible entity for the registry will establish and implement documented procedures to monitor and evaluate the activities of the ROs and nominated surveyors, respectively;\n.6 the Ministry will evaluate the organisational structure as well as the need for personnel with technical expertise. The responsible entity for the registry will source the required personnel; and\n.7 the Ministry and the responsible entity for the registry will develop administrative procedures, including documented recruitment and control policies, to ensure that all ROs, including non-IACS members and nominated flag State surveyors, comply with the requirements.\nCircular Letter No.4028\nAnnex, page 81\nI:\\C_L\\CL.4028.docx\nThis corrective action will be completed by 30 December 2021.\n", 'FD\n417 There was no evidence to establish that the Administration kept a copy of stability and loading information in respect of ships entitled to fly the flag of the State and that Ship Structure Access Manual was approved by the Administration (SOLAS 1974, regulation II-1/3-6.4.1; SOLAS 1974, regulation II-1/5-1.1; LL PROT 1988, annex 1, regulation 10; III Code, paragragh 16.1; III Code, paragragh 26).\nRoot cause\n418 The Administration lacked awareness and qualified personnel with technical expertise to monitor compliance and develop necessary policies and instructions. There was also the absence of a documented procedure for approval and issuance of statutory certificates to ships entitled to fly the flag of the State. Moreover, responsibilities were not clearly defined.\nCorrective action\n419 The Administration will implement the following actions:\n.1 develop a QMS or policy to address the approval and issuance of statutory certificates and compliance monitoring. The Administration will incorporate the related requirements into national legislation and the requisite guidelines and administrative instructions will be issued;\n.2 the Administration and the responsible entity for the registry will review mandatory requirements and identify all those in which a direct engagement of the Administration is required, in particular specific approvals of ship documentation and record-keeping, including engaging in communication with the ROs; and\n.3 establish and implement appropriate systems to ensure that the Administration fulfils all obligations stemming from the mandatory IMO instruments, including provision of adequate resources and technical expertise.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n420 The Administration did not take all necessary measures to secure observance of international rules and standards by ships entitled to fly the flag of the State, in particular in the following instances:\n.1 in cases of detention of a ship entitled to fly the flag of the State, it was not ensured that appropriate corrective measures are taken to bring the ship in question into immediate compliance with the applicable international instruments;\n.2 proceedings were not instituted against ships entitled to fly the flag of the State, which have violated international rules (e.g. COLREG 1972); and\nCircular Letter No.4028\nAnnex, page 82\nI:\\C_L\\CL.4028.docx\n.3 the Administration did not provide for the collection of statistical data so that trend analysis can be conducted to identify problem areas\n(III Code, paragragh 22.6; III Code, paragragh 23.2; III Code, paragragh 25).\nRoot cause\n421 There was the absence of a comprehensive strategy, including legal mechanisms in place, to ensure that ships flying the flag of the State are brought into compliance with the international rules and standards. There was inadequate documented procedure for monitoring and controlling in order to give full and complete effect to the provisions of the mandatory IMO instruments to which the State is Party and responsibilities were not assigned.\nCorrective action\n422 The Administration will implement the following actions:\n.1 improve measures to be taken to prevent the detention of ships flying the flag of the State, including identification and rectification of deficiencies in case of detention; a mechanism to ensure continuous compliance; and in case of violation, a mechanism for enforcement through instituting proceedings and imposing sanctions under national legislation;\n.2 implement a system to collect and analyse statistical data to identify problem areas and to document actions to be taken under various circumstances; and\n.3 establish a procedure defining the necessary communications between the responsible entity for the registry, ROs and the Administration regarding deficiencies that present a basis to prohibit a ship from sailing and the necessary steps to follow.\nThis corrective action will be completed by 30 June 2020.\n', "FD\n423 The Administration had not implemented a documented system for qualification of personnel involved with flag State inspections and continuous updating of their knowledge as appropriate to the tasks they were authorized to undertake (III Code, paragragh 24.5; III Code, paragragh 35).\nRoot cause\n424 There was no documented procedure for the recruitment and systematic identification and delivery of training for personnel involved in flag State inspections.\nCorrective action\n425 The State's responsible entity for the registry will implement the following actions:\n.1 a documented system will be established for qualification, training and continuous updating of skills of personnel involved in flag State inspections, based on individual training needs; and\nCircular Letter No.4028\nAnnex, page 83\nI:\\C_L\\CL.4028.docx\n.2 a mechanism will be established to promulgate information regarding the mandatory IMO instruments, national legislation and any other instructions to flag State inspectors and to periodically monitor the actions taken.\nThis corrective action will be completed by 30 June 2020.\n", "FD\n426 The conduct of casualty investigation activities under the State's legal framework did not comply with the requirements of the Casualty Investigation Code. In particular, the impartiality and objectivity of investigations was not ensured, including the decision to open an investigation, reporting on investigation and releasing reports to the public (SOLAS 1974, regulations I/21(b) and XI-1/6; Casualty Investigation Code, paragragh 11.1; Casualty Investigation Code 14.4; III Code, paragragh 38; III Code, paragraph 41).\nRoot cause\n427 The Casualty Investigation Code was not incorporated into national legislation and, therefore, there was no legal basis for the conduct of marine safety investigations.\nCorrective action\n428 The Administration will implement the following actions:\n.1 the Casualty Investigation Code will be incorporated into national legislation and included in the gap analysis of existing legislation, which will be conducted by the Ministry;\n.2 the the responsible entity for the registry will review and revise its quality assurance procedure on shipping casualties, inquiries and investigations in order to meet the requirements of the Casualty Investigation Code and the III Code; and\n.3 both the Ministry and the responsible entity for the registry will examine best practices to address the impartiality and objectivity of casualty investigations and will implement the chosen mechanism, as appropriate. Special attention will be given to preparing and training casualty investigators.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n429 There was no documented evidence to establish that the Administration had undertaken periodic evaluation of its performance in order to determine whether staffing, resources and administrative processes were adequate to meet its flag State obligations (III Code, paragragh 42; III Code, paragragh 43).\nRoot cause\n430 There was a lack of a documented maritime strategy and awareness of the required scope for periodic evaluation, as well as the absence of administrative structure and insufficient technical personnel.\nCircular Letter No.4028\nAnnex, page 84\nI:\\C_L\\CL.4028.docx\nCorrective action\n431 A system to periodically review and evaluate the performance of both, the Ministry and the responsible entity for the registry, in the conduct of flag State activities will be developed. The system will be managed and monitored for continuous improvement by the national maritime inter-agency committee whose membership will comprise representatives from agencies of the maritime administration. In the interim, the Ministry will develop a systematic approach to the allocation of personnel to effectively facilitate periodic review and evaluate the need for additional technical expertise. This corrective action will be completed by 30 September 2020.\n', 'FD\n432 The Administration did not develop, document and implement policies through issuing national legislation and guidance which would assist in the implementation and enforcement of those requirements of the mandatory IMO Instruments that were applicable to ships on domestic voyages and to fishing vessels. In addition, the Administration did not develop and implement a control and monitoring programme in order to ensure compliance of ships on domestic voyages and fishing vessels with the requirements stemming from the mandatory IMO instruments (SOLAS 1974, regulation V/1.4; MARPOL, Annex I, regulation 14.3; MARPOL, Annex I, regulation 14.4; III Code, paragragh 15; III Code, paragragh 24.1; III Code, paragragh 24.2; III Code, paragragh 24.5).\nRoot cause\n433 There was a lack of awareness of IMO regulations, absence of documented procedures and a legal basis to ensure compliance of ships on domestic voyages and fishing vessels with the applicable IMO instruments. Administrative structure and personnel to provide oversight and monitoring activities, including those of nominated surveyors, were inadequate.\nCorrective action\n434 The responsible entities of the maritime administration will take the following actions:\n.1 enact national legislation for the implementation and enforcement of the requirements stemming from the relevant mandatory IMO instruments applicable to ships on domestic voyages and fishing vessels;\n.2 develop and implement a monitoring programme for inspections of vessels to ensure that the requirements stemming from the instruments applicable to ships on domestic voyages and fishing vessels are met; and\n.3 establish a training programme and oversight of activities of inspectors in order to ensure compliance.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n435 The Administration had not issued instructions on the extent of application of relevant IMO instruments to certain categories of ships covered under them, nor had it issued the necessary guidance to assist in the implementation and enforcement of the applicable requirements (SOLAS 1974, regulation V/1.4; MARPOL, Annex I, regulation 2.1; MARPOL, Annex I, regulation 6; III Code, paragraph 15.1).\nCircular Letter No.4028\nAnnex, page 85\nI:\\C_L\\CL.4028.docx\nRoot cause\n436 Due to the legacy practices followed by the maritime administration, there was no system in place for issuance of instructions and guidance necessary for the implementation and enforcement of IMO instruments.\nCorrective action\n437 The responsible entity will implement the following actions:\n.1 the need for additional instructions and guidance necessary for the implementation of the mandatory IMO instruments will be identified, and national requirements will be promulgated in the form of notices or circulars; and\n.2 appropriate guidance will be issued in relation to those requirements that are left for the decision of the Administration and that are applicable to certain categories of ships under the mandatory IMO instruments and national law, in particular to those engaged on domestic voyages and of under convention sizes.\nThis corrective action will be completed by 30 June 2020.\n', 'FD\n438 The State had not issued administrative instructions to grant type approvals of equipment or interpretative national regulations for equivalent arrangements (SOLAS 1974, regulation V/18.1; III Code, paragraph 16.1).\nRoot cause\n439 The following factors contributed to this finding:\n.1 lack of administrative instructions and interpretations of national regulations for uniform implementation;\n.2 lack of awareness and understanding of the obligations of the Administration; and\n.3 inadequate expertise available within the Administration to develop a safety and environmental protection programme, including disseminating and implementing interpretations of national regulations.\nCorrective action\n440 The Administration will determine necessary personnel and recruit additional personnel with maritime expertise to administer a safety and environmental protection programme under relevant IMO instruments. In particular, necessary administrative instructions and national interpretations will be developed and implemented for issuing exemptions, equivalents, type approvals and/or alternative arrangements. This corrective action will be completed by 30 June 2020.\nCircular Letter No.4028\nAnnex, page 86\nI:\\C_L\\CL.4028.docx\n', 'FD\n441 The Administration did not develop or provide guidance concerning those provisions in IMO instruments that are to the satisfaction of the Administration (SOLAS 1974, regulation II-1/55.4.1; SOLAS 1974, regulation III/38.4.1; MARPOL, Annex I, regulation 3.3; COLREG 1972, annex I, paragraph 14; III Code, paragraph 16.5).\nRoot cause\n442 This finding resulted from the lack of a system to develop and disseminate guidance about the areas that were left to the satisfaction of the Administration in the relevant IMO instruments. Sub-processes needed for the implementation and enforcement of the mandatory IMO instruments were not identified due to lack of expertise within the Administration.\nCorrective action\n443 Adequate personnel with maritime expertise will be recruited by the Administration to develop and implement national interpretations and guidance for the requirements of relevant IMO instruments. The Administration will establish a process necessary to develop and issue national guidance and administrative instructions for the areas that are left "to the satisfaction of the Administration" in the mandatory IMO instruments. This corrective action will be completed by 30 June 2020.\n', 'FD\n444 The Administration had not developed policies, guidelines or procedures to ensure that ships entitled to fly the flag of the State are sufficiently and efficiently manned, taking into account the relevant and existing measures such as the Principles of Safe Manning (SOLAS 1974, regulation V/14; III Code, paragraph 17).\nRoot cause\n445 The minimum safe manning was determined on a case-by-case basis, at the discretion of authorities, due to the lack of understanding of the mandatory requirements. Furthermore, the Administration did not have the expertise to develop policies, guidelines or procedures for ensuring that ships flying the flag of the State are sufficiently and efficiently manned.\nCorrective action\n446 The Administration will implement the following actions:\n.1 guidelines and procedures will be developed and implemented to determine the scale of manning and issuance of safe manning documents, taking into account the "Principles of Safe Manning" adopted by IMO;\n.2 sufficient personnel with maritime expertise will be recruited to develop and implement the guidelines and procedures; and\n.3 periodical inspections of ships flying the flag of the State will be carried out to verify that the ships are sufficiently and efficiently manned.\nThis corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 87\nI:\\C_L\\CL.4028.docx\n', 'FD\n447 There was evidence that the Administration did not:\n.1 fulfil the requirements of the RO Code and the III Code while delegating authority to the ROs for conducting surveys, inspections and audits, and issuing certificates and documents to the ships entitled to fly the flag of the State; and\n.2 establish or participate in an oversight programme of the ROs to ensure that its international obligations are fully met\n(SOLAS 1974, regulation XI-1/1; RO Code, part 2, section 8; III Code, paragragh 18; III Code, paragragh 20).\nRoot cause\n448 The following factors contributed to this finding:\n.1 absence of procedures to regulate the delegation of authority to ROs as required by the RO Code;\n.2 lack of human resources in the Administration to perform the oversight of ROs; and\n.3 agreements with ROs were not updated since the relevant amendments to SOLAS 1974 were not implemented through national law.\nCorrective action\n449 The Administration will implement the following actions:\n.1 systems and procedures will be established to regulate the delegation of authority to ROs in accordance with the RO Code;\n.2 sufficient personnel will be recruited to perform the oversight of ROs; and\n.3 national legislation will be updated to give effect to the amendments related to the RO Code, and new agreements will be signed with the ROs in accordance with the RO Code.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n450 The measures taken by the Administration were not adequate to prohibit ships flying the flag of the State from sailing until such ships comply fully with the requirements of international rules and standards. Furthermore, the Administration did not carry out periodic inspections of ships entitled to fly the flag of the State to verify that the actual condition of ships and their crew is in conformity with the certificates issued (III Code, paragragh 22.1; III Code, paragragh 22.2).\nCircular Letter No.4028\nAnnex, page 88\nI:\\C_L\\CL.4028.docx\nRoot cause\n451 Standard procedures were not established for inspection, detention and release from detention of ships flying the flag of the State, or to prevent ships from sailing until they fully complied with the applicable requirements.\nCorrective action\n452 The Administration will develop and implement standard procedures for inspection, detention and release of ships from detention to ensure that ships flying the flag of the State fully comply with the requirements of international rules and standards and that the condition of ships and their crew is in conformity with the certificates issued. A programme of periodic inspections will be put in place and the Administration will review and amend its regulations, where applicable, in ensuring that the requirement for full compliance is adhered to. This corrective action will be completed by 31 December 2020.\n', 'FD\n453 The Administration did not develop and implement a control and monitoring programme in order to provide for the collection of statistical data, so that trend analyses can be conducted to identify problem areas (III Code, paragraph 23.2).\nRoot cause\n454 The Administration did not have adequate resources (human and database) to collect statistical data and carry out trend analysis. Furthermore, procedures were not established for systematic data collection from relevant entities and their analysis to identify trends or problem areas.\nCorrective action\n455 The Administration will implement the following actions:\n.1 sufficient personnel with appropriate qualification and expertise will be recruited and adequate resources will be arranged to carry out the tasks related to the development and implementation of a control and monitoring programme; and\n.2 a system will be established to collect relevant data from all concerned entities of the maritime administration and to carry out their evaluation and analysis to identify trends and problem areas.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n456 The Administration did not have a documented system for continuous updating of the knowledge of the surveyors as appropriate to the tasks they are authorized to undertake (III Code, paragraph 35).\nCircular Letter No.4028\nAnnex, page 89\nI:\\C_L\\CL.4028.docx\nRoot cause\n457 The following factors contributed to this finding:\n.1 a documented system was not established for qualification of personnel and continuous updating of their knowledge in the Administration due to lack of resources; and\n.2 personnel in the Administration could not be deputed for training, since resources were not available to take over their tasks in their absence.\nCorrective action\n458 The Administration will implement the following actions:\n.1 a documented system will be developed to identify training needs of specific roles and functions, and to ensure that opportunity to update their knowledge is provided to personnel in their areas of work;\n.2 on-the-job training with ROs will be arranged for the flag State surveyors to enhance their competence and experience, and capacity-building platforms will be arranged to further improve and update their knowledge; and\n.3 the need for additional recruitment will be assessed and additional personnel with suitable qualifications will be recruited accordingly.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n459 The Administration did not issue identification documents for the surveyors to carry when performing their tasks (III Code, paragraph 37).\nRoot cause\n460 Due to the absence of a system and lack of resources, identification documents were not issued to the flag State surveyors.\nCorrective action\n461 The Administration will establish a system and provide resources for the issuance of identification documents for the flag State surveyors. This corrective action will be completed by 31 December 2019.\n', 'FD\n462 The Administration did not evaluate and review periodically its performance in the conduct of flag State activities with respect to the implementation of administrative processes, procedures and resources to meet its obligations under the mandatory IMO instruments to which the State is Party (III Code, paragraph 42).\nCircular Letter No.4028\nAnnex, page 90\nI:\\C_L\\CL.4028.docx\nRoot cause\n463 The factors that contributed to this finding were:\n.1 the Administration did not have an established system for data collection and analysis in order to periodically evaluate its performance in the conduct of flag State activities; and\n.2 a lack of resources in the Administration to perform these tasks.\nCorrective action\n464 The Administration will implement the following actions:\n.1 a management system will be established to evaluate the performance in the conduct of flag State activities;\n.2 sufficient personnel with appropriate qualification and expertise will be recruited for this purpose; and\n.3 the Administration will coordinate with other relevant entities the collection and analysis of relevant data needed for the evaluation of performance in the conduct of flag State activities.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n465 The Administration did not develop and document the interpretations, nor provided guidance documents, concerning those requirements in relevant IMO instruments that are left to the satisfaction of the Administration (MARPOL, Annex I, regulation 6; COLREG 1972, annex I, paragraph 14; COLREG 1972, annex III, paragraph 3; III Code, paragraph 16.5).\nRoot cause\n466 This finding resulted from inadequate knowledge of the requirements of the mandatory IMO instruments and lack of a monitoring system for regulatory developments.\nCorrective action\n467 The Administration will establish a system and assign related responsibilities for:\n.1 monitoring regulatory developments related to the mandatory IMO instruments; and\n.2 developing, documenting and implementing policies and interpretations concerning those requirements that are left to the satisfaction of the Administration in the relevant IMO instruments, as well as for providing guidance documents, as necessary, for effective implementation of the requirements stemming from the mandatory IMO instruments.\nThis corrective action will be completed by 30 June 2021.\nCircular Letter No.4028\nAnnex, page 91\nI:\\C_L\\CL.4028.docx\n', 'FD\n468 The process followed by the Administration for conducting marine safety investigations did not ensure the level of impartiality as required under the relevant IMO instruments (SOLAS 1974, regulation XI-1/6; III Code, paragraph 38).\nRoot cause\n469 This finding resulted from lack of knowledge about the requirements of the Casualty Investigation Code and the absence of documented procedures for conducting marine safety investigations. In addition, the Administration had insufficient qualified personnel and lack of financial resources to fulfil its responsibilities in conducting marine safety investigations.\nCorrective action\n470 The following actions will be undertaken by the Administration:\n.1 a documented procedure will be established for conducting marine safety investigations;\n.2 marine safety investigations will be conducted by impartial and objective investigators, who are suitably qualified and knowledgeable in matters relating to the casualty and they will report to an authority that is not responsible for statutory certification activities. The Administration will designate qualified investigators for this purpose; and\n.3 adequate financial resources will be allocated for conducting marine safety investigations.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n471 The Administration did not periodically evaluate its performance with respect to the implementation of administrative processes and resources necessary to meet its flag State obligations (III Code, paragraph 42).\nRoot cause\n472 The causes that led to this finding were:\n.1 absence of a culture to periodically evaluate or review the performance of the Administration and the lack of documented procedures for conducting reviews; and\n.2 the lack of coordination between the divisions involved in flag State implementation and enforcement.\nCorrective action\n473 The Administration will develop and implement procedures and guidelines for annual evaluation and review of the performance in the conduct of flag State activities and include them in its QMS. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 92\nI:\\C_L\\CL.4028.docx\n', 'FD\n474 It could not be established that the Administration had in place a policy for developing, documenting and providing guidance or interpretation for those requirements left "to the satisfaction of the Administration" in the mandatory IMO instruments (SOLAS 1974, regulation III/4; SOLAS 1974, regulation V/18.1; COLREG 1972, annex I, paragraph 14; III Code, paragragh 15; III Code, paragragh 16.1; III Code, paragragh 16.5).\nRoot cause\n475 The lack of capacity to review all relevant IMO instruments for adoption of national policies, standards and/or guidelines in cases where necessary and the non-existence of fully developed national standards were the main causes.\nCorrective action\n476 The Administration will adopt IACS unified interpretations in all cases where practicable for those requirements left "to the satisfaction of the Administration" and will develop policies addressing those cases where there are no corresponding IACS unified interpretations. The agreements already concluded between the Administration and two ROs will be revised to reflect this amendment in national laws within six months. Policies on type approval of materials and equipment will also be developed and implemented. This corrective action will be completed by 31 December 2019.\n', 'FD\n477 The agreement between the Administration and one RO did not contain minimum elements specified in the RO Code. The agreements between the Administration and two ROs authorized the ROs to issue ISM Document of Compliance (DoC), for issuance of which the Administration was responsible based on national legislation (RO Code, part 2, section 1.2; RO Code, part 2, appendix 3; III Code, paragraph 18.2).\nRoot cause\n478 An oversight during the review of the documents relating to the agreement led to this finding.\nCorrective action\n479 The agreements with two ROs will be revised to rectify the omission and to ensure harmonization with national laws and relevant provisions of relevant IMO instruments and the RO Code. This corrective action will be completed by 31 December 2019.\n \n480 The Administration could not demonstrate that the arrangements in place for conducting marine safety investigations ensured impartiality and objectivity of investigators, nor that national legislation, policies or guidance established the requirement of impartiality (Casualty Investigation Code, paragraph 11.1; III Code, paragragh 15; III Code, paragragh 38).\nRoot cause\n481 Due to lack of funds, priority was given to other areas, such as training of surveyors, inspectors and other principal officers of the newly established Administration.\nCircular Letter No.4028\nAnnex, page 93\nI:\\C_L\\CL.4028.docx\nCorrective action\n482 The Administration will initiate amendments of national legislation on marine casualty investigation in order to align it with the requirements of the Casualty Investigation Code. Suitably qualified casualty investigators will be appointed and provided with adequate training. The results of the marine safety investigations will be reported to an authority that is not responsible for statutory certification activities. This corrective action will be completed by 30 December 2020.\n', "FD\n483 The Administration had not implemented any policies and guidance to assist in the implementation and enforcement of the requirements of the mandatory IMO instruments to which the State is Party. There were no independent audit and inspection programme, nor was there any guidance concerning those requirements that were left to the satisfaction of the Administration and for type approved (III Code, paragragh 15.1; III Code, paragragh 16.1; III Code, paragragh 16.2; III Code, paragragh 16.5).\nRoot cause\n484 The responsibilities were not clearly assigned and there were insufficient personnel with technical expertise within the Administration to implement the requirements of the applicable mandatory IMO instruments.\nCorrective action\n485 The Administration will implement the following actions:\n.1 an overall maritime strategy, to be developed, will establish a mechanism for effective implementation and enforcement of the applicable IMO instruments, including development and implementation of any subsidiary legislation, guidance, documents, administrative instructions, notifications and directives, as well as assigning responsibilities to relevant personnel;\n.2 develop and implement guidelines to address those requirements left to the satisfaction of the Administration in the mandatory IMO instruments, as well as procedures for type approval of materials and equipment, according to the types and areas of operation of ships entitled to fly the flag of the State;\n.3 implement an audit and inspection programme using independent qualified auditors and inspectors for the conduct of audits of the Administration's certifying unit; and\n.4 analyse the needs and make provisions for the recruitment of qualified personnel, accordingly, through contract or outsourcing.\nThis corrective action will be completed by 30 March 2021.\n", 'FD\n486 Although the Administration had issued a formal written agreement with the RO, the scope of the delegation of authority included IMO international instruments to which the State was not a Party. The Administration did not provide the RO with relevant national laws, interpretations thereof, instructions or additional standards of the Administration giving effect to the provisions of the mandatory IMO instruments. Furthermore, an oversight programme with adequate resources for monitoring of, and communication with the RO had not been developed (SOLAS 1974, regulation XI-1/1; III Code, paragragh 18.2; III Code, paragragh 18.3; III Code, paragragh 18.4; III Code, paragragh 20).\nCircular Letter No.4028\nAnnex, page 94\nI:\\C_L\\CL.4028.docx\nRoot cause\n487 Insufficient capacity in terms of technical expertise was available to fully implement the provisions of the RO Code and the III Code.\nCorrective action\n488 The Administration will implement the following actions:\n.1 revise and update the addendum to the agreements with the ROs ("Authorization Matrix") according to the RO Code and limit the scope of authority with respect to the instruments to which the State is not a Party;\n.2 restructure the Administration\'s website to give the ROs full access to relevant information on national laws, interpretations, additional information and guidance; and\n.3 establish a new SOP within the Administration\'s QMS to incorporate an oversight programme for ROs, with adequate resources to be provided, which will include audits, unscheduled inspections and information sharing, in accordance with the RO Code provisions.\nThis corrective action will be completed by 30 December 2021.\n', 'FD\n489 The Administration did not establish the scope of the delegation of authority to the nominated surveyor acting on its behalf. In addition, a system for monitoring the activities or a system for assessment of the performance of the surveyor was not in place (III Code, paragraph 21).\nRoot cause\n490 There was a lack of awareness of the provisions of the RO Code and the III Code.\nCorrective action\n491 The Administration will implement the following actions:\n.1 develop and implement a regulatory framework to determine the scope of surveys and audits, as well as detailed instructions/guidelines on the audit/survey standards. A procedure will also be developed, to include criteria for the selection, designation and monitoring of activities of nominated surveyors/auditors acting on behalf of the Administration;\n.2 implement an official written agreement for nominated surveyors, in line with the RO Code, which will incorporate a description of the scope of services, duties and responsibilities; and\n.3 develop a standard operating procedure (SOP) for monitoring, oversight and evaluation of the work of nominated surveyors, in line with the procedure for RO monitoring and oversight.\nThis corrective action will be completed by 30 December 2021.\nCircular Letter No.4028\nAnnex, page 95\nI:\\C_L\\CL.4028.docx\n', "FD\n492 Evidence was found that the Administration did not take all the necessary measures to secure observance of international rules and standards by ships entitled to fly the flag of the State to ensure compliance with its international obligations such as:\n.1 measures to ensure that the ship's complement, as a whole, can effectively coordinate activities in an emergency situation and in the performance of functions vital to the safety or to the prevention or mitigation of pollution;\n.2 penalties of adequate severity to discourage violation of international rules and standards by ships entitled to fly the flag of the State and by individuals issued with certificates or endorsements under its authority; and\n.3 measures to provide an appropriate number of qualified personnel to implement and enforce the national legislation and guidance, including personnel for performing investigations and surveys\n(III Code, paragragh 22.4; III Code, paragragh 22.5; III Code, paragragh 22.7; III Code, paragragh 24.2).\nRoot cause\n493 There was a lack of national legislation and lack of human and financial resources to monitor compliance with the international rules and regulations.\nCorrective action\n494 The Administration will implement the following actions:\n.1 initiate necessary updates in national legislation, make provisions for additional resources, establish processes for compliance monitoring and enforcement, and ensure that corrective actions are implemented through QMS to effectively enforce relevant national legislation and to ensure continual improvement;\n.2 conduct competency evaluation in order to identify those existing personnel that require training or, if required, the recruitment of additional qualified personnel;\n.3 implement a safety and environmental protection programme for ships entitled to fly the flag of the State in order to introduce annual mandatory drills/exercises in the event of an emergency situation, in accordance with the mandatory IMO instruments;\n.4 carry out casualty investigations in compliance with the Casualty Investigation Code and related guidelines; and\n.5 review and revise penalties stipulated in the Shipping Act to ensure they are of adequate severity to discourage violations of international treaties.\nThis corrective action will be completed by 30 June 2020.\nCircular Letter No.4028\nAnnex, page 96\nI:\\C_L\\CL.4028.docx\n", 'FD\n495 The Administration had not implemented a documented system for the continuous updating of the knowledge of the flag State surveyors and inspectors with respect to the tasks they are authorized to undertake (III Code, paragraph 35).\nRoot cause\n496 There was insufficient knowledge of the obligations of the III Code with respect to the implementation of a documented system for the continuous updating of knowledge of flag State surveyors.\nCorrective action\n497 The Administration will ensure that flag State surveyors are prepared for their assigned tasks, through identification of their training needs and provision of training programmes covering topics on theoretical knowledge of ships, their operation and provisions of the relevant national and international instruments. The documented system for the continuous updating of the knowledge of the flag State surveyors will be developed and included as a SOP within the Administration’s QMS. It will include the dissemination of information on national laws and other measures in relation to the implementation and enforcement of the requirements stemming from the mandatory IMO instruments to ships entitled to fly the flag of the State; the continuous professional development in applying requirements stemming from the mandatory IMO instruments for all personnel involved in flag State inspections/surveys, port State control inspections and casualty investigations; and arrangements for the provision of the required training. This corrective action will be completed by 30 December 2020.\n', 'FD\n498 The arrangements for conducting casualty investigations did not comply with the Casualty Investigation Code, particularly regarding the impartiality and objectivity of investigators and the release of the reports to the public (SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragragh 11.1; Casualty Investigation Code, paragragh 14.4; III Code, paragragh 38; III Code, paragraph 41).\nRoot cause\n499 There were inadequate legislation, resources and processes for conducting marine safety investigations and reporting on their outcome, in accordance with the relevant mandatory IMO instruments and related guidelines.\nCorrective action\n500 The Administration will implement the following actions:\n.1 initiate necessary updates in national legislation, make provisions for additional resources, establish processes for casualty investigations; and ensure that corrective actions are implemented through the QMS to ensure continual improvement;\n.2 update the knowledge of existing investigators through training programmes and recruit additional qualified personnel, if required;\n.3 amend existing procedures on casualty investigations in order to insert the obligation to maintain a list of independent investigators within and outside\nCircular Letter No.4028\nAnnex, page 97\nI:\\C_L\\CL.4028.docx\nthe State. An enquiry committee will be established to ensure that all investigations are conducted by impartial investigators, who have no relationship or personal conflict of interest in the investigated ship. Investigators will report on the outcome of the marine safety investigation to an instance that is not responsible for the statutory certification, to ensure that there is no direction or interference by persons or organizations that may be affected by its outcome; and\n.4 forward casualty investigation reports to IMO within seven working days after their completion. Details of all reports, analyses and recommendations made to prevent a future occurrence will be published on the Administration’s website and disseminated to the public through seminars, workshops or shipping circulars.\nThis corrective action will be completed by 29 February 2020.\n', "FD\n501 There was no system in place for the Administration to periodically evaluate its performance with respect to the administrative processes, procedures and resources necessary to meet its obligations and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragragh 42; III Code, paragragh 43).\nRoot cause\n502 There was a lack of specific procedures and processes in the Administration's QMS regarding evaluation of performance in the conduct of flag State activities.\nCorrective action\n503 The Administration will amend sections of the existing QMS related to performance evaluation and improvement to include the assessment of effectiveness in fulfilling flag State obligations under the mandatory IMO instruments. The degree of compliance will be based on KPIs, to be developed, in order to determine whether staffing, resources and administrative procedures are adequate to meet the flag State obligations. This corrective action will be completed by 30 December 2020.\n", 'FD\n504 The Administration did not implement policies through the promulgation of national legislation and guidance, which would assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which the State is Party (III Code, paragraph 15).\nRoot cause\n505 There was a lack of assigned responsibility for the formulation of policies.\nCorrective action\n506 The Administration will coordinate with key stakeholders on the review of the draft integrated maritime policy, which will address the promulgation of national legislation, as well as development of necessary procedures for the issuance of administrative instructions for the purpose of assisting in the implementation and enforcement of the mandatory IMO instruments\nCircular Letter No.4028\nAnnex, page 98\nI:\\C_L\\CL.4028.docx\nto which the State is Party. In addition, the Administration will be responsible for the formulation, coordination, follow up and review of the adopted policies. This corrective action will be completed by 30 September 2020.\n', 'FD\n507 The Administration had not established resources and processes capable of administering a safety and environmental protection programme, which include:\n.1 administrative instructions to effectively implement the mandatory IMO instruments and their amendments to which the State is Party; and\n.2 provisions to address those requirements that are left "to the satisfaction of the Administration", as well as process for type approval of materials and equipment and approval of equivalents and alternative arrangements, according to relevant mandatory IMO instruments to which the State is Party\n(III Code, paragragh 16.1; III Code, paragragh 16.5).\nRoot cause\n508 The lack of financial resources contributed to this finding.\nCorrective action\n509 The Administration will implement the following actions:\n.1 cases where administrative instructions had not been issued will be identified, including those requirements that are "left to the satisfaction of the Administration" in the mandatory IMO instruments, as well as those where processes need to be established for type approval, equivalents and alternative arrangements, and the Administration will act accordingly by issuing necessary legal provisions; and\n.2 additional procedures and administrative instructions will be developed and implemented within the Administration\'s QMS under the ISO 9001 standards in order to improve the administrative processes.\nThis corrective action will be completed by 1 December 2020.\n', 'FD\n510 The Administration had not ensured that ROs authorized to conduct surveys and inspections and issue certificates on behalf of the State met the minimum criteria specified in the RO Code; in particular:\n.1 formal written agreements with these organizations did not contain the elements set out in the RO Code as a minimum;\n.2 the Administration had not issued specific instructions detailing actions to be followed in the event that a ship is found unfit to proceed to sea and had not provided the RO with all appropriate instruments of national law and any additional standards applicable to ships entitled to fly its flag; and\nCircular Letter No.4028\nAnnex, page 99\nI:\\C_L\\CL.4028.docx\n.3 it had not implemented or participated in an oversight programme using adequately qualified personnel to monitor the ROs\n(SOLAS 1974, regulation XI-1/1; RO Code, part 1, section 4.2; RO Code, part 2, section 8; III Code, paragragh 18.1; III Code, paragragh 18.2; III Code, paragragh 18.3; III Code, paragragh 18.4; III Code, paragragh 20).\nRoot cause\n511 The lack of financial resources contributed to this finding.\nCorrective action\n512 The Administration will implement the following actions:\n.1 national legislation governing the delegation of authority for statutory certification and authorization of ROs will be developed and implemented and existing agreements with ROs will be reviewed. Furthermore, the Administration will provide the ROs with all appropriate instruments of national law and any additional applicable standards;\n.2 oversight programme of ROs, including a programme of audits, will be established for monitoring of ROs and incorporated into existing QMS; and\n.3 ROs will be provided with instructions to be followed in the event that a ship is found unfit to proceed to sea.\nThis corrective action will be completed by 30 June 2020.\n', "FD\n513 The Administration had not regulated the appointment of its nominated surveyors and had not provided them with national laws and interpretation, as well as specific instructions detailing actions to be followed in the event that a ship flying the flag of the State is found unfit to proceed to sea (III Code, paragraph 21).\nRoot cause\n514 The lack of documented procedures contributed to this finding.\nCorrective action\n515 The Administration will develop and implement procedures for the authorization of nominated surveyors and revise existing instructions to surveyors to ensure that an effective control mechanism is in place, in line with the requirements of the relevant IMO instruments. Only those surveyors who meet the criteria to be developed will be retained and an oversight programme for monitoring of nominated surveyors' activities will be developed and implemented. This corrective action will be completed by 31 July 2020.\n", "FD\n516 An effective enforcement infrastructure to secure observance of international rules and standards by ships entitled to fly the flag of the State and by entities and persons under the jurisdiction of the flag State was not completely in place, in particular:\nCircular Letter No.4028\nAnnex, page 100\nI:\\C_L\\CL.4028.docx\n.1 penalties stipulated in national laws and regulations were not of adequate severity to discourage violation of international rules and standards by ships entitled to fly the flag of the State;\n.2 compliance with the applicable international instruments through national legislation could not be demonstrated; and\n.3 an appropriate number of qualified personnel was not available to implement and enforce the national legislation and guidelines, including personnel for performing investigations and surveys\n(III Code, paragragh 22.5; III Code, paragragh 24.1; III Code, paragragh 24.2).\nRoot cause\n517 There was an inadequate monitoring mechanism of national legislation, including penal provisions for the enforcement of the requirements stemming from the mandatory IMO instruments, as well as a lack of resources.\nCorrective action\n518 The Administration will implement the following actions:\n.1 a review of national legislation will be conducted in terms of enforcement of the requirements stemming from the mandatory IMO instruments and coordination among the State's entities, to identify a need for new legislation. Data will be compiled where sanctions and/or penalties have been rendered insufficient to support the analysis. Once the review is done, a report will be sent to the Attorney General containing data on the identified ineffectiveness of the sanctions and/or penalties, with proposal for revisions and new additional legislation; and\n.2 flag State surveyors and casualty investigators with appropriate qualifications and training will be appointed to implement and enforce national legislation.\nThis corrective action will be completed by 31 December 2020.\n", 'FD\n519 The measures that had been implemented for casualty investigations did not comply with the Casualty Investigation Code, especially regarding:\n.1 the independence and impartiality of investigators;\n.2 decision to open an investigation;\n.3 reporting to IMO and release of reports to the public; and\n.4 the Administration had not ensured that marine safety investigations were conducted separate from and independent of any other form of investigation\n(SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 6.2; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.1; Casualty Investigation Code, paragraph 14.2; Casualty Investigation Code, paragraph 14.4; III Code, paragragh 38; III Code, paragraph 41).\nCircular Letter No.4028\nAnnex, page 101\nI:\\C_L\\CL.4028.docx\nRoot cause\n520 Organizational structure and line management were inadequate for processes related to marine safety investigation and there were insufficient qualified personnel to carry out the responsibilities under the Casualty Investigation Code\nCorrective action\n521 The Administration will implement the following actions:\n.1 legal framework, procedures and guidelines for the implementation of the Casualty Investigation Code will be reviewed, updated accordingly and implemented;\n.2 in order to ensure the impartiality and objectivity of investigators and to ensure that marine safety investigations are conducted separate from and independent of any other form of investigation, line management of processes related to casualty investigation and related reporting will be adjusted to prevent any direction or interference from persons or organizations that may be affected by the outcome of the investigation; and\n.3 training will be provided for relevant personnel, through a specialized training programme in the field of maritime casualty investigation, which will be requested from IMO.\nThis corrective action will be completed by 31 March 2020.\n', "FD\n522 There was no system in place for the Administration to periodically evaluate its performance in respect of administrative processes, procedures and resources necessary to meet its obligations and responsibilities under the mandatory IMO instruments as a flag State (III Code, paragragh 42; III Code, paragragh 43).\nRoot cause\n523 The lack of a systematically controlled framework for monitoring and evaluation of performance in respect of flag State obligations under the mandatory IMO instruments contributed to this finding.\nCorrective action\n524 The Administration will revise the State's IMO instruments implementation strategy 2018-2023 to include procedures for periodical evaluation of responsibilities in the area of flag State activities, based on clear objectives and KPIs. The result of the periodic review will be reported yearly to the respective Ministry in order to evaluate the performance in the area of flag State activities regarding compliance with the mandatory IMO instruments to which the State is Party. In parallel, a review of the management system will be carried out in order to update procedures, as necessary. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 102\nI:\\C_L\\CL.4028.docx\n", 'FD\n525 The Administration had not issued national legislation and guidance to assist in the implementation and enforcement of the requirements of all the relevant safety and pollution prevention conventions and protocols (SOLAS, regulation V/1.4; MARPOL, Annex IV, regulation 9.1; III Code, paragraph 15.1).\nRoot cause\n526 The following factors contributed to this finding:\n.1 lack of human and financial resources affected the development of national legislation and guidance for effective implementation and enforcement of the mandatory IMO instruments; and\n.2 specific areas in the applicable IMO instruments where the Administration is required to prescribe the requirements and to provide guidance, were not identified.\nCorrective action\n527 The following actions will be undertaken by the responsible entities:\n.1 additional human resources will be provided to the Administration by recruiting personnel on the basis of the study on resources that will be undertaken by the responsible ministry;\n.2 an action plan, which may include support from external experts, will be developed by the Administration for the transposition of all the mandatory IMO instruments and their amendments into primary and secondary legislation;\n.3 subsidiary legal instruments, such as guidance, instructions, standards and notifications, necessary for the uniform and effective implementation and enforcement of the mandatory IMO instruments, will be identified and issued; and\n.4 adequate financial resources will be allocated in the budget of the responsible Ministry for the purpose of the aforementioned action plan.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n528 The Administration had not established resources and processes capable of issuing administrative instructions to implement the requirements of relevant IMO instruments, and of developing and disseminating interpretative national regulations (III Code, paragraph 16.1).\nCircular Letter No.4028\nAnnex, page 103\nI:\\C_L\\CL.4028.docx\nRoot cause\n529 There were insufficient human resources and technical expertise available within the Administration to identify and develop processes needed for implementing the provisions of the mandatory IMO instruments and for disseminating interpretative national regulations. Furthermore, the responsibilities for undertaking these tasks were not assigned to any person or entity in the Administration.\nCorrective action\n530 The following actions will be undertaken by the responsible entities:\n.1 additional human resources and technical expertise will be provided to the Administration by recruiting personnel on the basis of a study on resources that will be undertaken by the responsible Ministry, and appropriate training will be organized by the Administration to improve capabilities of existing and newly recruited personnel;\n.2 policies, procedures and required documentation for issuing administrative instructions to implement all provisions of the mandatory IMO instruments will be adopted and implemented by the Administration. This will be accomplished through regional or national trainings, workshops, seminars and in cooperation with other Member States, regional partners and international agencies, such as IMO;\n.3 responsibility for performing the abovementioned tasks will be assigned by the Administration; and\n.4 formal and informal discussions between concerned departments within the Administration and stakeholders will be held regularly and their outcome will be utilized for continuous improvement.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n531 The Administration had not provided specific instructions to ROs in the event that a ship entitled to fly the flag of the State is found unfit to proceed to sea without danger to the ship or persons on board or is found to present an unreasonable threat of harm to the marine environment (III Code, paragraph 18.3).\nRoot cause\n532 The existing RO agreements were not periodically reviewed and updated. Due to a lack of adequate resources in the Administration to identify and implement all the obligations arising out of the mandatory IMO instruments, specific instructions could not be issued to ROs.\nCorrective action\n533 The following actions will be undertaken by responsible entities:\n.1 additional human resources and technical expertise will be provided to the Administration by recruiting personnel on the basis of a study on resources that will be undertaken by the responsible Ministry, and appropriate training will be organized by the Administration to improve capabilities of existing and newly recruited personnel;\nCircular Letter No.4028\nAnnex, page 104\nI:\\C_L\\CL.4028.docx\n.2 specific instructions to ROs will be developed relating to the actions to be undertaken when a ship is unfit to proceed to sea without danger to the ship or persons on board, or presenting unreasonable threat of harm to the marine environment; and\n.3 regulatory systems in the Administration will be developed to issue specific instructions for ROs, as appropriate.\nThis corrective action will be completed by 31 December 2021.\n', "FD\n534 The Administration did not establish or participate in an oversight programme for monitoring of and communication with its ROs in order to verify that its international obligations are fully met (III Code, paragraph 20).\nRoot cause\n535 A system and policy on oversight of ROs was not established primarily due to a limited number of ships certified by ROs and the lack of adequate resources in the Administration.\nCorrective action\n536 The following actions will be undertaken by the responsible entities:\n.1 additional human resources and technical expertise will be provided to the Administration by recruiting personnel on the basis of a study on resources that will be undertaken by the responsible Ministry, and appropriate training will be organized by the Administration to improve capabilities of existing and newly recruited personnel; and\n.2 a mechanism will be developed by the Administration for oversight of ROs, which may include flag State inspections, visits to ROs' offices, monitoring of ROs' performance by other flags and performance of ROs in PSC MoUs, and it will be included as a part of the agreement with each RO.\nThis corrective action will be completed by 31 December 2021.\n", "FD\n537 The national laws and regulations of the State did not provide for penalties, and existing penalties were not of adequate severity to discourage violation of relevant international rules and standards by ships entitled to fly its flag. Furthermore, the national laws and regulations did not include provisions to institute proceedings against ships entitled to fly its flag which have violated the international rules and standards, irrespective of where the violation has occurred (III Code, paragragh 22.5; III Code, paragragh 22.6).\nRoot cause\n538 The principal national legislation was outdated as there was no practice of periodic reviews, including the review of penal provisions which had become inadequate after a period of time after their adoption. Furthermore, periodic reviews and updates of legislation were not practiced since the process of amending existing legislation was very lengthy.\nCircular Letter No.4028\nAnnex, page 105\nI:\\C_L\\CL.4028.docx\nCorrective action\n539 The following actions will be undertaken by the Administration:\n.1 the principal national legislation will be reviewed and updated, and a revised act that has appropriate enforcement measures and penal provisions, irrespective of the location of a ship flying the flag of the State, will be promulgated by the end of 2021; and\n.2 a simplified procedure will be adopted, in consultation with the Attorney General's Office, for incorporating amendments to the mandatory IMO instruments entering into force under the tacit amendment's procedures into national law, in which a review of all penal provisions will also be included, as well as a mechanism for periodic review in the future.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n540 There was no evidence that the Administration had developed or implemented a programme for the collection of statistical data so that trend analyses can be conducted to identify problem areas related to flag State responsibilities (III Code, paragraph 23.2).\nRoot cause\n541 A system to collect statistical data and carry out trend analysis, as envisaged in the III Code, was not adopted in the Administration, primarily due to insufficient personnel with maritime expertise.\nCorrective action\n542 The following actions will be undertaken by responsible entities:\n.1 additional personnel with technical expertise will be recruited by the Administration, on the basis of a study on resources that will be undertaken by the responsible Ministry and training will be organized by the Administration to improve capabilities of existing and newly recruited personnel; and\n.2 a system will be developed by the Administration to collect statistical data on various activities related to the flag State implementation and enforcement, and to carry out its analysis. The system will also include an annual review and evaluation of flag State activities and status of implementation of the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n543 The Administration had not issued suitable administrative instructions to their surveyors about survey and certification of ships and, in particular, to ensure that statutory certificates were issued only to those ships that complied with all the relevant requirements of the IMO instruments (III Code, paragraph 16.1).\nCircular Letter No.4028\nAnnex, page 106\nI:\\C_L\\CL.4028.docx\nRoot cause\n544 Due to inadequacy of technical resources in the Administration, a system or procedure to be followed when survey and certification of ships flying the flag of the State was performed by the surveyors of the Administration was not established.\nCorrective action\n545 The following actions will be undertaken by responsible entities:\n.1 additional personnel with technical expertise will be recruited by the Administration, on the basis of a study on resources that will be undertaken by the responsible Ministry, and training will be organized by the Administration to improve capabilities of existing and newly recruited personnel; and\n.2 documented procedures will be developed and implemented by the Administration as a guidance for surveyors of the Administration while carrying out surveys, inspections and audits under the mandatory IMO instruments. While establishing this procedure, reference will also be made to available guidance from IMO and standard practices followed by ROs in corresponding areas.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n546 The Administration did not establish a documented system for continuous updating of knowledge of the personnel appropriate to the tasks they are authorised to undertake. Furthermore, while assigning surveyors for flag State inspections and surveys, it was not ensured that the nominated surveyors had the minimum qualifications stated in the authorization matrix established by the State for performing inspections and surveys (III Code, paragraph 35).\nRoot cause\n547 There was a lack of human resources within the Administration.\nCorrective action\n548 The following actions will be undertaken by responsible entities:\n.1 additional personnel with technical expertise will be recruited by the Administration on the basis of a study on resources that will be undertaken by the responsible Ministry, and training will be organized by the Administration to improve capabilities of existing and newly recruited personnel;\n.2 a documented system will be established by the Administration for qualification and training of surveyors and continuous updating of their knowledge in all relevant areas; and\n.3 the authorization matrix used by the Administration for flag State inspections and surveys will be reviewed and updated.\nThis corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 107\nI:\\C_L\\CL.4028.docx\n', 'FD\n549 There was evidence that impartiality was not ensured while carrying out marine safety investigations mandated under the Casualty Investigation Code (Casualty Investigation Code, paragraph 11.1; III Code, paragraph 38).\nRoot cause\n550 The Casualty Investigation Code was not transposed into national legislation, and an arrangement for conducting marine safety investigations in accordance with the Code was not established in the State.\nCorrective action\n551 The following actions will be implemented:\n.1 an independent marine safety investigation board will be established under the responsible Ministry in accordance with the provisions of the Casualty Investigation Code, national investigation law and regulations;\n.2 the responsible Ministry will establish a panel of investigators who possess the qualification and experience criteria as required by national legislation and the III Code; and\n.3 the responsible Ministry will develop and enact a marine safety investigation law and regulations in accordance with the requirements of the Casualty Investigation Code and the III Code.\nThis corrective action will be completed by 31 March 2021.\n', 'FD\n552 There was no evidence available about the periodical evaluation of performance in respect of administrative processes, procedures and resources necessary to meet the flag State obligations and responsibilities under the relevant IMO instruments (III Code, paragraph 42).\nRoot cause\n553 There was no legal requirement in the existing system to carry out periodic evaluation of flag State performance. Furthermore, there was insufficient number of technical personnel with maritime expertise available in the Administration, in order to carry out periodic evaluations.\nCorrective action\n554 The following actions will be implemented:\n.1 the Administration will annually review and evaluate its performance in the conduct of flag, coastal and port State activities with respect to the implementation of administrative processes, procedures and resources necessary to meet relevant requirements of the mandatory IMO instruments, and will take corrective actions, as needed;\nCircular Letter No.4028\nAnnex, page 108\nI:\\C_L\\CL.4028.docx\n.2 the responsible Ministry will periodically evaluate the performance of the State in meeting its obligations and responsibilities in the conduct of flag, port and coastal State activities, as required by the mandatory IMO instruments, and take corrective action as needed; and\n.3 additional personnel with technical expertise will be recruited by the Administration to perform these tasks, on the basis of a study on resources that will be undertaken by the responsible Ministry and training will be organized by the Administration to improve capabilities of existing and newly recruited personnel.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n555 There was no evidence that the Administration established processes and resources capable of administering a safety and environmental protection programme, which as a minimum consist of:\n.1 administrative instructions;\n.2 provision of guidance concerning those requirements found in the applicable IMO instruments that are to the satisfaction of the Administration; and\n.3 processes and criteria for type approval of materials and equipment\n(III Code, paragragh 15; III Code, paragragh 16.1; III Code, paragragh 16.5).\nRoot cause\n556 There were no policies in place on issuing written procedures and administrative instructions within the Administration and responsibilities were not assigned.\nCorrective action\n557 The Administration will implement the following actions:\n.1 develop and implement policies, through issuing national legislation and administrative instructions, in order to ensure effective implementation of the rules and standards made mandatory by the relevant IMO instruments;\n.2 make resources available to develop and implement a safety and environmental programme, to draft procedures to administer the programme and to train personnel in executing and maintaining the programme;\n.3 develop and implement a system, including relevant procedures, to identify and provide guidance and interpretations on those provisions in the IMO instruments that are left "to the satisfaction of the Administration"; and\n.4 develop and implement a procedure for type approval of materials and equipment.\nThis corrective action will be completed by 31 December 2022.\nCircular Letter No.4028\nAnnex, page 109\nI:\\C_L\\CL.4028.docx\n', 'FD\n558 There was no evidence of national provisions or documented policies and guidance regulating retention on board of oil or oily mixtures or their discharge in accordance with the requirements of MARPOL. In addition, there was no evidence of an enforcement mechanism in place to ensure compliance of seagoing fishing vessels with the national requirements relating to the discharge of oily substances at sea. Furthermore, there was no provision in national legislation determining to what extent the provisions of SOLAS 1974, chapter V, regulations 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 do not apply to seagoing fishing vessels (SOLAS 1974, regulation V/1.4; MARPOL, Annex I, regulation 14.4; MARPOL, Annex I, regulation 15.6; III Code, paragragh 15.1; III Code, paragragh 22.1; III Code, paragragh 22.2; III Code, paragragh 22.5; III Code, paragragh 24.1).\nRoot cause\n559 There was an absence of national legislation and policies, which, amongst other, require documented policies/guidance for retention of oil and oily mixtures on board and the extent to which the provisions of SOLAS 1974, chapter V apply to sea going fishing vessels and other ships/crafts on domestic voyages.\nCorrective action\n560 The Administration will implement the following actions:\n.1 national legislation will be developed and implemented, taking into account the extent to which the provisions of SOLAS 1974, chapter V are applicable to sea going fishing vessels and other ships/crafts on domestic voyages;\n.2 policies and administrative instructions will be promulgated for vessels to comply with national law and the necessary funding will be made available for training of personnel to support effective enforcement through a regular inspection programme; and\n.3 policies, guidelines and procedures will be devised for regulating retention on board of oil or oily mixtures, and/or their discharge ashore in accordance with the requirements of MARPOL. The national requirements with regard to the retention of the oily mixtures on board will be incorporated into the existing inspection checklists for seagoing (fishing) vessels and, where necessary, new checklists will be developed for inspection of other ships/crafts.\nThis corrective action will be completed by 31 December 2022.\n', 'FD\n561 The Administration did not ensure that marine safety investigations are conducted in an impartial and objective manner. Under national provisions, conduct of, and reporting on investigations was not in accordance with the Casualty Investigation Code. Reports of investigations were not made public (SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nCircular Letter No.4028\nAnnex, page 110\nI:\\C_L\\CL.4028.docx\nRoot cause\n562 The casualty investigations were performed under the existing national legislation, which did not incorporate the requirements of the applicable IMO instruments.\nCorrective action\n563 The Administration will implement the following actions:\n.1 the procedures for marine accident/incident investigation will be amended and distinction made between investigations in accordance with the existing law (covering those for action in civil, criminal and administrative proceedings) and marine safety investigations according to the Casualty Investigation Code;\n.2 the policy for carrying out marine safety investigation will be drafted and implemented, where necessary through amending existing national legislation, particularly to ensure objectivity and impartiality of marine safety investigations; and\n.3 investigation procedures will be developed or amended to publish the results of marine safety investigations in accordance with the requirements of the Casualty Investigation Code. The Maritime Authority will develop a procedure to conduct the maritime accident investigations in a manner that is in accordance with the Casualty Investigation Code.\nThis corrective action will be completed by 31 December 2022.\n', 'FD\n564 It was established that there was no specific requirements in place to extend the implementation of the provisions of SOLAS 1974, chapter V and MARPOL, Annex I to fishing vessels entitled to fly the flag of the State, regardless of their size and area of operation (SOLAS 1974, regulation V/1.4; MARPOL, Annex I, regulation 2.1; MARPOL, Annex I, regulation 14.3; MARPOL, Annex I, regulation 14.4; MARPOL, Annex I, regulation 14.6; III Code, paragraph 15.1).\nRoot cause\n565 There was a lack of specific requirements emanating from the mandatory provisions of SOLAS 1974 and MARPOL. The division of responsibilities was not clearly defined among government entities for the effective implementation and enforcement of the requirements of SOLAS 1974 and MARPOL on board all ships, irrespective of their size, including fishing vessels.\nCorrective action\n566 The State will develop and implement national legislation in order to assign authority and responsibilities to the designated government entity, which will be responsible for the effective implementation and enforcement of the applicable mandatory IMO instruments, particularly with regards to SOLAS 1974, chapter V and MARPOL, Annex ? requirements, which are applicable to ships below convention sizes, including fishing vessels flying the flag of the State. In addition, specific technical requirements applicable to ships on domestic voyages and below convention sizes will be developed and implemented. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 111\nI:\\C_L\\CL.4028.docx\n', 'FD\n567 The Administration had not established resources and processes capable of administering a safety and environmental protection programme, which includes:\n.1 administrative instructions to effectively implement the mandatory IMO instruments and their amendments to which the State is a Party. This includes documenting policies and instructions on issuing equivalents, alternative arrangements and type approvals of materials and equipment, as well as to address those requirements that are left "to the satisfaction of the Administration in the relevant mandatory IMO instruments"; and\n.2 an independent audit and inspection programme covering the entity which issues the required certificates and documentation to the ships entitled to fly the flag of the State, in order to ensure compliance with the requirements of the applicable international instruments\n(III Code, paragragh 16.1; III Code, paragragh 16.2; III Code, paragragh 16.5).\nRoot cause\n568 The lack of resources, the absence of administrative instructions and insufficient national legislation caused difficulties in implementing the safety and environmental protection programme. In addition, the Administration did not document appropriate policy, guidance or approved interpretations for those requirements of the mandatory IMO instruments left to the satisfaction of the Administration.\nCorrective action\n569 The Administration will implement the following actions:\n.1 establish resources, processes and procedures in order to administer a safety and environmental protection programme;\n.2 implement and keep updated an audit and inspection programme, independent of any administrative bodies issuing the required certificates and documentation to the ships entitled to fly the flag of the State;\n.3 establish and implement policy and documented procedures for type approval of materials, equipment and alternative designs, including issuance of equivalents and exemption certificates; and\n.4 identify and designate a dedicated unit, which will be tasked to maintain a scheme to identify and address those provisions of the mandatory IMO instruments that are left "to the satisfaction of the Administration" by issuing technical circulars, guidance and interpretations.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n570 It was not demonstrated how the Administration had determined that the ROs had adequate technical, managerial and research capabilities to accomplish the delegated tasks. In addition, the Administration did not empower two of its ROs to require repairs and to\nCircular Letter No.4028\nAnnex, page 112\nI:\\C_L\\CL.4028.docx\nwithdraw certificates in the event that the ship is found unfit to proceed to sea (SOLAS 1974, regulation I/6; SOLAS 1974, regulation XI-1/1; MARPOL, Annex I, regulation 6; LL 1966, annex 1, regulation 2; TONNAGE 1969, article 7.2; RO Code, part 1, section 4.2; RO Code, part 2, section 8; III Code, paragraph 18.1; III Code, paragraph 18.3).\nRoot cause\n571 There was a lack of clear procedures and guidelines for reviewing RO agreements, including degree of authorization. There was also no procedure or process in place to evaluate ROs, in accordance with the RO Code, prior to the conclusion of the agreement for the delegation of authority.\nCorrective action\n572 The Administration will develop and implement administrative instructions and guidelines for the selection, assessment, evaluation, recognition, oversight and supervision of ROs, in compliance with the applicable mandatory IMO instruments and recommendations. In addition, clear instructions will be given to all ROs, including those related to requiring repairs and withdrawing certificates in the event that a ship entitled to fly the flag of the State is found unfit to proceed to sea. This corrective action will be completed by 31 December 2020.\n', 'FD\n573 Although there were provisions in the national laws and regulations for the enforcement of the requirements of the applicable mandatory IMO instruments, the administrative penalties were found to be of inadequate severity to discourage violations of the requirements by ships and individuals (III Code, paragragh 22.4; III Code, paragragh 22.5).\nRoot cause\n574 The Parliament established very limited sanctions and penalties to discourage violations of international rules and standards stipulated in the mandatory IMO instruments.\nCorrective action\n575 The State will review penalties to ensure they are adequate to the extent of damage which might be caused as a result of violations of international rules and standards. All national legislation will be reviewed and amended accordingly. This corrective action will be completed by 31 December 2020.\n', "FD\n576 The Administration did not fully implement the provisions of the Casualty Investigation Code. The related regulations were insufficient and not updated. The current casualty investigation system and structure did not ensure impartiality and objectivity. The arrangements for cooperation in investigations with interested States were absent and final investigation reports were not available to the public (SOLAS 1974, regulation I/21; SOLAS 1974, regulation XI-1/6; Casualty Investigation Code, paragraph 6.2; Casualty Investigation Code, paragraph 7.1; Casualty Investigation Code, paragraph 7.2; Casualty Investigation Code, paragraph 8.1; Casualty Investigation Code, paragraph 10.1; Casualty Investigation Code, paragraph 11.1; Casualty Investigation Code, paragraph 14.1; Casualty Investigation Code, paragraph 14.2; Casualty Investigation Code, paragraph 14.4; III Code, paragraph 38; III Code, paragraph 41).\nRoot cause\n577 The Casualty Investigation Code was not fully transposed into national legislation and the maritime administration was unaware of the requirement to make casualty investigation reports available to the public. In addition, the State did not put in place mechanisms to ensure impartiality and objectivity of investigations.\nCircular Letter No.4028\nAnnex, page 113\nI:\\C_L\\CL.4028.docx\nCorrective action\n578 The Administration will implement the following actions:\n.1 adopt, transpose and incorporate into national legislation the mandatory provisions of the Casualty Investigation Code (resolution MSC.255(84)) and related guidelines (resolution A.1075(28)), including a framework to make the results of marine casualty investigations available to the public;\n.2 develop documented procedures to include the cooperation with other flag and/or port States when carrying out marine casualty investigations; and\n.3 necessary conditions will be created to ensure impartiality and objectivity in organization and conduct of casualty investigations. Procedures for data exchange will be established for investigations conducted jointly with other interested States and familiarization of the public with investigations' results will be organized, where appropriate.\nThis corrective action will be completed by 31 December 2020.\nObservation (OB)\n579 The Administration could not guarantee that the investigators who conducted investigations of marine casualties were suitably qualified and knowledgeable in matters relating to casualty. Besides, the scope of the investigations was not clearly specified (III Code, paragragh 39 and 40).\nRoot cause\n580 There was a lack of awareness of the requirements of the mandatory IMO instruments in relation to casualty investigation and lack of personnel with appropriate knowledge and skills. In addition, a lack of legal basis contributed to this finding.\nCorrective action\n581 The Administration will implement the following actions:\n.1 under the project on reviewing maritime legislation, appropriate legislation will be developed to ensure that maritime casualty investigations are carried out only by qualified and trained personnel. In addition, documented procedure will be developed and implemented to define the scope of the investigations.\n.2 training programmes for investigators will be developed and will include both in-house training and training abroad. Additionally, annual performance evaluation criteria for investigators will be implemented.\nThis corrective action will be completed by 31 December 2021.\n", 'OB\n582 The Administration did not establish documented training programmes to provide appropriate practical and theoretical knowledge of ships and their operation for flag State surveyors, investigators and auditors, including not providing the relevant national and international instruments necessary for them to perform their duties (III Code, paragraph 32).\nCircular Letter No.4028\nAnnex, page 114\nI:\\C_L\\CL.4028.docx\nRoot cause\n583 Due to a lack of planning, training and specialization programme for the personnel, according to the III Code, was not developed.\nCorrective action\n584 The Administration will develop training policies and programme that will include: analysis of resources allocation; permanent training schedule for personnel involved in surveying, audits and investigation tasks, and an introductory programme for newly recruited flag State surveyors, auditors and investigators. The programme will be based on IMO model courses or training programmes of recognized nautical institutions and will also include provisions for in-house training. This corrective action will be completed by 30 June 2021.\n', 'OB\n585 The Administration could not ensure ready access to expertise in the different areas required to assist marine casualty investigators in the event that investigators were assigned tasks outside their normal assignments. In addition, no evidence was found that accidents involving personal injury necessitating absence from duty of three days or more would be investigated (III Code, paragragh 39; III Code, paragraph 40).\nRoot cause\n586 There was a lack of policies and insufficient financial resources.\nCorrective action\n587 After the adoption of the Casualty Investigation Code into national legislation and issuance of respective interpretative regulations and procedures, the Administration will establish a procedure and allocate necessary resources for recruitment of experts, if considered necessary, or for securing external expertise that could be made available on a case by case basis. In addition, policies and guidelines will be developed to ensure the initiation of an investigation related to occupational safety incidents and, in particular, to those accidents that involve personal injuries that result in an absence from duty of three days or more. This corrective action will be completed by 31 December 2021.\n', "OB\n588 There was no evidence that the personnel responsible for performing surveys, inspections and audits on ships and companies covered by the relevant mandatory IMO instruments had appropriate practical and theoretical knowledge of ships, their operation and the provisions of the relevant national and international instruments necessary to perform their duties as flag State surveyors and auditors obtained through documented training programmes (III Code, paragraph 32).\nRoot cause\n589 There were insufficient human and financial resources, which hampered the development of a documented training programme for flag State surveyors and auditors.\nCircular Letter No.4028\nAnnex, page 115\nI:\\C_L\\CL.4028.docx\nCorrective action\n590 The Administration will implement the following actions:\n.1 a specific directorate will be assigned responsibility for elaboration and development of a permanent training programme that will include: assessment and provision of financial resources needed, identification of the type of training and schedule for the updating of the flag State surveyors' knowledge, including initial training plan for new inspectors, PSCOs and auditors. The mentioned training programme will be based on the IMO model courses or training programmes of recognized nautical institutions; and\n.2 coordination will be established with regional organizations in order to include flag State surveyors, PSCOs and auditors in regional trainings. The training programme will also include provisions for in-house training.\nThis corrective action will be completed by 1 February 2020.\n", 'OB\n591 The Administration could not ensure that the investigators who conducted investigations of marine casualties have working knowledge and practical experience in matters relating to the casualty (III Code, paragraph 39).\nRoot cause\n592 There were insufficient human and financial resources, which hampered the development of a documented training programme for investigators.\nCorrective action\n593 The Administration will implement the following actions:\n.1 a specific directorate will be assigned responsibility for elaboration and development of a permanent training programme for casualty investigators that will include: assessment and provision of financial resources needed, identification of type of training and schedule for updating of investigators’ knowledge, including initial training plan for new investigators. The mentioned training programme will be based on IMO model courses or training programmes of recognized nautical institutions; and\n.2 coordination will be established with regional organizations in order to include the investigators in regional trainings. The training programme will also include provisions for in-house training.\nThis corrective action will be completed by 1 February 2020.\n', 'OB\n594 There was no system in place to ensure that knowledge of investigators is kept up to date in all relevant areas and that ready access to additional expertise is made available. Accidents involving personal injuries resulting in absence of duty for three or more days were not investigated and results of such investigations were not made public (III Code, paragragh 39; III Code, paragraph 40).\nCircular Letter No.4028\nAnnex, page 116\nI:\\C_L\\CL.4028.docx\nRoot cause\n595 There was a limited pool of individuals, who could be selected for conducting investigations, as well as lack of resources for monitoring of investigators.\nCorrective action\n596 The Administration will develop a QMS, which will include a procedure for conducting investigations into accidents involving personal injuries resulting in absence from duty for three or more days. Results from such investigations will be made public, based on new national legislation incorporating the requirements of the III Code. A system will be put in place to ensure that appointed investigators have the required training and that ready access to additional expertise is made available for specific areas. This corrective action will be completed by 31 December 2019.\n', "OB\n597 The Administration had not ensured that the individual investigators have working knowledge and practical experience relating to casualty investigations (III Code, paragraph 39).\nRoot cause\n598 The qualifications and practical experience required for casualty investigators were not established and documented.\nCorrective action\n599 The responsible entity will establish a system for casualty investigations containing the minimum criteria for the appointment of investigators for maritime casualties. In addition, programmes for continuous updating of flag State surveyors' knowledge appropriate to their tasks in casualty investigations will be developed, documented and monitored routinely. This corrective action will be completed by 31 July 2019.\n", 'OB\n600 There was no system in place to ensure that flag State inspectors are recruited using the criteria stipulated in the III Code and that they receive the training appropriate to their tasks (III Code, paragraph 29; III Code, paragraph 30; III Code, paragraph 31; III Code, paragraph 32).\nRoot cause\n601 There were insufficient personnel with maritime expertise and knowledge regarding recruitment, training criteria and qualifications for implementing the mandatory IMO instruments and the III Code. There was also a lack of internal guidelines pertaining to recruitment of flag State inspectors. In addition, there was a lack of awareness of the requirement for a documented training programme for flag State inspectors, hence no training programme or career development plan had been developed.\nCircular Letter No.4028\nAnnex, page 117\nI:\\C_L\\CL.4028.docx\nCorrective action\n602 The Ministry will develop guidelines defining the profiles for personnel responsible for flag State inspections and recruitment criteria for the flag State inspectors in accordance with the III Code. The guidelines will be communicated to the responsible entity for the registry for implementation and engagement of inspectors will be monitored by the Administration. Training sessions and refresher courses will be identified for flag State inspectors based on their individual needs. This corrective action will be completed by 30 June 2021.\n', 'OB\n603 There was no system in place to ensure that the knowledge of investigators, who were engaged on a case by case basis, is kept up to date in all relevant areas and that ready access to additional expertise is made available. Accidents involving personal injuries resulting in absence of duty for three or more days were not systematically investigated and results of such investigations were not made public (III Code, paragraph 39; III Code, paragraph 40).\nRoot cause\n604 There was an absence of guidelines, procedures and personnel to adequately monitor the activities and performance, as well as to provide additional expertise to ensure that investigators, engaged on a case by case basis, were adequately trained and their skills were periodically updated. There was also a lack of awareness and legal basis.\nCorrective action\n605 The Administration will develop and implement a documented procedure for implementation of mandatory requirements related to casualty investigation and establish a continuous training programme for all personnel involved in flag State investigations. Necessary legislation will be developed and implemented incorporating requirements of the III Code and the Casualty Investigation Code to ensure that information pertaining to accidents involving personal injuries resulting in the absence of duty for three or more days will be communicated to the public in accordance with the provisions of the III Code. This corrective action will be completed by 31 December 2021.\n', 'OB\n606 The relevant government entity did not have individual investigators that possess working knowledge and practical experience for conducting marine safety investigations. Furthermore, the Administration did not provide for investigation into accidents involving personal injury necessitating absence from duty of more than three days and any deaths resulting from occupational accidents and casualties to ships (III Code, paragragh 39; III Code, paragraph 40).\nRoot cause\n607 The following factors contributed to this finding:\n.1 lack of qualified and experienced personnel for carrying out marine safety investigations; and\n.2 the procedures for carrying out marine safety investigations were not adequately detailed.\nCircular Letter No.4028\nAnnex, page 118\nI:\\C_L\\CL.4028.docx\nCorrective action\n608 The following actions will be implemented by the responsible entity:\n.1 personnel associated with safety investigations will be trained through an on-the-job training;\n.2 additional training will be provided to personnel through work attachment programmes and exposure to various capacity-building platforms;\n.3 expertise from external sources will be identified and made readily available for inclusion in the investigation team, when necessary; and\n.4 detailed procedures will be established for the conduct of marine safety investigations in accordance with the provisions of the mandatory IMO instruments.\nThis corrective action will be completed by 31 December 2020.\n', 'OB\n609 The Administration did not ensure that individual investigators are suitably qualified and did not arrange for ready access to expertise in specified areas for conducting flag State investigations (III Code, paragraph 39).\nRoot cause\n610 Although the surveyors were deputed to participate in training courses, workshops and drills at both national and international level, the Administration did not have a comprehensive policy for the recruitment and qualification of individual investigators, including continuous updating of their knowledge.\nCorrective action\n611 A documented system will be developed by the Administration and included in its QMS in order to formally adopt an integrated comprehensive policy guiding the Administration in the recruitment processes, nomination, employment and continuous training and updating of knowledge of individual investigators. In addition, arrangements will be made and documented for ready access to expertise in the areas outside normal duties of the investigators. This corrective action will be completed by 31 December 2021.\n', "OB\n612 The documented training programmes developed by the Administration for flag State surveyors and inspectors did not ensure practical and theoretical knowledge of ships, their operation and the provisions of the relevant national and international instruments necessary to perform their duties (III Code, paragraph 32).\nRoot cause\n613 There was no system in place to ensure that training programmes developed for flag State surveyors deliver the preferred outcome, in accordance with the obligations of the III Code.\nCircular Letter No.4028\nAnnex, page 119\nI:\\C_L\\CL.4028.docx\nCorrective action\n614 The Administration will develop and implement a specific training programme that will be included in the Administration’s QMS and will incorporate:\n.1 dissemination of information on the national laws, information on ships' operation and on measures to implement and enforce the requirements stemming from the mandatory IMO instruments to ships entitled to fly the flag of the State;\n.2 continuous updating of knowledge of officers who perform flag State inspections and casualty investigations; and\n.3 periodic in-house training and regional training seminars to be made available for all personnel involved in flag State surveys.\nThis corrective action will be completed by 30 December 2020.\n", 'OB\n615 The Administration could not ensure that the investigators who conducted investigations on marine casualties had working knowledge and practical experience in matters relating to the casualty (III Code, paragraph 39).\nRoot cause\n616 There was a lack of performance measurement criteria in place.\nCorrective action\n617 The Administration will implement the following actions:\n.1 develop a new process in its QMS to address functions related to casualty investigations, including a competency matrix for casualty investigators;\n.2 include within a new SOP specific training for investigators in subject areas pertaining to casualty investigations; and\n.3 periodic in-house training and regional training seminars conducted by IMO and by other professional bodies and associations will be made available to investigators.\nThis corrective action will be completed by 30 December 2020.\n', 'OB\n618 The existing training programmes for surveyors and auditors did not include appropriate practical and theoretical knowledge of ships, their operation and provisions of the relevant national instruments necessary to perform their duties (III Code, paragraph 32).\nRoot cause\n619 Inadequate documented procedures for training programmes contributed to this finding.\nCircular Letter No.4028\nAnnex, page 120\nI:\\C_L\\CL.4028.docx\nCorrective action\n620 The Administration will update the existing training programme for surveyors and auditors in the HR manual and incorporate the requirements of the III Code into the training programme for existing and new surveyors. In addition, technical assistance will be sought in building technical expertise for flag State surveyors and auditors. This corrective action will be completed by 30 June 2020.\n', 'OB\n621 The State did not have a policy on conducting investigations into accidents involving personal injuries necessitating absence from duty of three days or more and any deaths resulting from occupational accidents and casualties and making the results of such investigations public (III Code, paragraph 40).\nRoot cause\n622 The requirements for marine safety investigations in accordance with the Casualty Investigation Code and the III Code were not transposed into national legislation and the Administration was unaware of the requirement to make the investigation reports public.\nCorrective action\n623 The following actions will be undertaken by the State:\n.1 the principal national legislation will be reviewed and updated by the responsible Ministry, and a revised act will be promulgated which will include a provision to conduct marine safety investigations in accordance with the mandatory IMO instruments, the Casualty Investigation Code and the III Code;\n.2 the responsible Ministry will establish a system for an independent body to conduct marine safety investigations using qualified investigators and to communicate investigation reports to IMO and to the public, in accordance with the Casualty Investigation Code and the III Code; and\n.3 periodic evaluation and review of this system will be conducted by the responsible Ministry, as required by the III Code.\nThis corrective action will be completed by 31 December 2021.\n', "OB\n624 There was no evidence that the investigators had working knowledge and practical experience in the required areas, nor ready access to expertise was ensured (III Code, paragraph 39).\nRoot cause\n625 The III Code was not implemented by the State at the time of the audit and, although all investigators received training in accordance with the Casualty Investigation Code, investigations were still conducted based on national legislation.\nCircular Letter No.4028\nAnnex, page 121\nI:\\C_L\\CL.4028.docx\nCorrective action\n626 The training plan and career path of personnel to facilitate the requirements of marine safety investigation in accordance with the Casualty Investigation Code and the III Code will be adjusted. Surveyors with international experience will be identified for assistance in investigations and arrangements made, including relevant procedures, to ensure ready access to expertise in all required areas in case of marine casualty investigation. This corrective action will be completed by 31 December 2022.\nCOASTAL STATE ACTIVITIES\nFindings (FD)\n627 The SAR regulations for details of the implementation were not available and national SAR plan was not approved or communicated to IMO (SOLAS 1974, regulations V/7.1 and V/7.2; III Code, paragraph 47).\nRoot cause\n628 There was a lack of coordination among entities and responsibilities were not clearly assigned. In addition, a lack of awareness of the mandatory requirements, lack of resources and lack of legal basis contributed to this finding.\nCorrective action\n629 The responsible entities of the maritime administration will implement the following actions:\n.1 under the project on reviewing maritime legislation, appropriate national legislation and guidelines on SAR will be developed and implemented;\n.2 effective coordination among the State's entities involved in SAR issues will be established by signing MoUs and clear responsibilities will be assigned;\n.3 appropriate shore-based facilities for distress communication and coordination within the State’s area of responsibility shall be established; and\n.4 information on existing SAR facilities will be communicated to IMO.\nThis corrective action will be completed by 31 December 2021.\n", "FD\n630 The State had not implemented a system of periodic performance evaluation of its activities as a coastal State for the purpose of verifying compliance with its obligations under the IMO international instruments of which it is a Party (III Code, paragraph 51).\nRoot cause\n631 There was a lack of awareness of the need to have a QMS in place, which would include performance evaluation for coastal State activities.\nCircular Letter No.4028\nAnnex, page 122\nI:\\C_L\\CL.4028.docx\nCorrective action\n632 The responsible entities of the maritime administration will implement the following actions:\n.1 under the lead entity's QMS, procedures stipulating detailed methodology for periodical review and evaluation of the performance in respect of administrative processes, procedures and resources necessary to meet the obligations and responsibilities under the mandatory IMO instruments as a coastal State, will be developed. This procedure will be applied for all the State's entities involved in coastal State activities. Key performance indicators for relevant entities shall be identified on the basis of their output to enable measurement of performance and will be reviewed annually during review meetings; and\n.2 the QMS procedure for the evaluation of performance will be implemented across all responsible entities and the lead entity will be subject to external QMS audits by a certifying body.\nThis corrective action will be completed by 31 December 2020.\n", 'FD\n633 The maritime administration did not ensure that mechanisms were established by the appropriate entities for the provision of radiocommunication services, such as assigning identities for GMDSS purposes, digital selective calling, and that danger messages related to the safety of navigation were made readily available to mariners (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/4; III Code, paragraph 49).\nRoot cause\n634 There was insufficient coordination among government entities and a lack of human and financial resources.\nCorrective action\n635 The maritime administration will establish an inter-institutional working group comprising all entities involved in the implementation and enforcement of SOLAS 1974, chapters IV and V, which will be tasked to document related responsibilities and obligations of involved entities, in order to identify any gaps and propose solutions for improved coordination of activities, and, subsequently, to evaluate their performance through a mechanism to be implemented within the new overall strategy. The budget will be requested from the relevant authorities of the State and required systems and equipment will be commissioned. This corrective action will be completed by 1 September 2021.\n', "FD\n636 The maritime administration had not communicated to IMO the information on available SAR facilities and arrangements and had not develop plans for cooperation between the national search and rescue (SAR) services and passenger ships calling regularly at the ports under the jurisdiction of the State (SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nCircular Letter No.4028\nAnnex, page 123\nI:\\C_L\\CL.4028.docx\nRoot cause\n637 There was insufficient coordination among the responsible State's entities.\nCorrective action\n638 An inter-institutional working group will be created with participation from the responsible government entities to clearly document their responsibilities in the conduct of SAR activities and any gaps compared to the requirements of the respective IMO instruments. Appropriate mechanisms will be implemented to develop manuals, procedures and working instructions. In addition, the need for financial resources will also be assessed and additional resources will be provided accordingly. Provisions on the communication of information to IMO on SAR issues will be included within the new mechanism for communication of information to IMO to be developed and implemented. This corrective action will be completed by 1 November 2020.\n", 'FD\n639 The maritime administration had not implemented a system of periodic evaluation of performance with regard to its coastal State activities for the purpose of verifying compliance with its obligations under the applicable IMO instruments to which it is Party (III Code, paragraph 51).\nRoot cause\n640 There was no management system in place to measure the performance of the State in the conduct of coastal State activities.\nCorrective action\n641 The assessment and review of performance under the new overall strategy will allow the maritime administration to coordinate all the State entities responsible for coastal State activities and to develop a mechanism containing clear lines of authority, assigned responsibilities, as well as defined objectives and key performance indicators for all involved entities to measure and evaluate their performance. The performance evaluation will be carried out annually and respective records will be generated to monitor the implementation of the defined improvement actions. This corrective action will be completed by 1 November 2021.\n', 'FD\n642 No evidence could be established that the maritime administration had transmitted information about its shore-based facilities, as required by SOLAS and GMDSS provisions (SOLAS 1974, regulation IV/5; III Code, paragragh 47; III Code, paragraph 49).\nRoot cause\n643 There was a lack of awareness about the extent and level of reporting requirements to IMO, and the responsibilities for communication of information to IMO were not assigned.\nCorrective action\n644 A documented procedure and a central recording system will be developed to identify and record all communication requirements to IMO, to ensure that all the required safety information is submitted to IMO in a timely and effective manner, including those related to\nCircular Letter No.4028\nAnnex, page 124\nI:\\C_L\\CL.4028.docx\nshore-based facilities. Responsibilities for reporting to IMO under various IMO instruments will be assigned and arrangements will be made to ensure ongoing monitoring and review of this communication system. This corrective action will be completed by 30 June 2019.\n', 'FD\n645 The availability of SAR facilities was not communicated to IMO (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; III Code, paragraph 47).\nRoot cause\n646 The following factors contributed to this finding:\n.1 there was a lack of awareness about the extent and level of reporting requirements to IMO; and\n.2 the responsibility for submitting the availability of SAR facilities to IMO was not assigned.\nCorrective action\n647 A documented procedure and a central recording system will be established to record and fulfil all communication requirements to IMO, including those related to SAR facilities. Responsibilities for reporting to IMO will be assigned and arrangements will be made to ensure ongoing monitoring and review of this communication system. This corrective action will be completed by 31 December 2019.\n', 'FD\n648 The maritime administration had not implemented national legislation nor guidelines to facilitate the implementation and enforcement of the coastal State obligations and responsibilities under the applicable conventions and protocols to which the State is Party (III Code, paragraph 46.1).\nRoot cause\n649 The State did not have policies for implementing and enforcing IMO conventions, and there was a lack of knowledge of the coastal State obligations, including the provisions of the III Code.\nCorrective action\n650 The State will develop and implement policies through national legislation and guidelines covering all coastal State activities. In addition, the maritime administration will regularly define, update and review national rules and regulations to facilitate the application and monitoring of compliance with the requirements of all conventions and protocols to which the State is Party. This corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 125\nI:\\C_L\\CL.4028.docx\n', 'FD\n651 The State had not taken the necessary measures to:\n.1 provide communication and coordination in the case of distress in its area of responsibility and for the rescue of persons in distress near its coasts by setting up, using and maintaining available and operational SAR facilities;\n.2 ensure that passenger ships operating in the waters under its jurisdiction were in the possession of a rescue plan established in cooperation between the ship, the company and the SAR services of the State;\n.3 set up a spatial and terrestrial radiocommunication service to transmit navigational warnings, danger messages, meteorological and other urgent messages relating to the safety of navigation; and\n.4 make arrangements to ensure that the identities of the Global Maritime Distress and Safety System (GMDSS) were recorded and made available to the coordination and rescue centres\n(SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/4; SOLAS 1974, regulation V/5; SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n652 There was no legal text or national plan on the organization of SAR operations and radiocommunication services. The responsibilities and obligations of all governmental entities resulting from the mandatory IMO instruments to which the State is Party were not defined to guarantee effective provision of SAR, meteorological and radiocommunication services, including GMDSS. In addition, the relevant requirements of the conventions were not well known and were not transposed into national legislation.\nCorrective action\n653 The State will adopt national legislation and guidelines for the provision of SAR meteorological and radiocommunication services, as well as for the establishment of GMDSS, including implementation of a directory of GMDSS identities of ships flying the flag of the State and ensuring sustainability of these services. A National Maritime Search and Rescue Committee, consisting of representatives of national entities involved in SAR operations, will be established to, inter alia, ensure that all personnel involved in SAR operations are qualified, trained and assessed through SAR exercises, and that passenger ships operating in waters under the jurisdiction of the State have an approved SAR plan that meets international requirements. This corrective action will be completed by 31 December 2020.\n', 'FD\n654 The maritime administration had not put in place a mechanism to ensure the availability and maintenance of aids to navigation associated with the safety of navigation. In addition, the State had not made arrangements to collect and compile hydrographic data and to maintain all nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; SOLAS 1974, regulation V/13; III Code, paragraph 49).\nCircular Letter No.4028\nAnnex, page 126\nI:\\C_L\\CL.4028.docx\nRoot cause\n655 The State had not transposed into national legislation the international regulations on the availability of aids to navigation and buoys and had not established any procedure or mechanism, including an evaluation mechanism, to manage and monitor the availability of aids to navigation. In addition, the hydrographic services were not able to effectively implement the provisions for the collection and compilation of hydrographic data, as a basis for issuing nautical charts and other nautical publications.\nCorrective action\n656 The State will develop and implement national legislation and documented procedures for maintenance, periodic assessment of adequacy and availability of aids to navigation, hydrographic services and the collection, compilation, updating and dissemination of all nautical information necessary for the safety of navigation. The maritime administration will adopt measures to ensure compliance of aids to navigation along the coastline and in territorial waters with IALA standards. In addition, a national hydrographic committee, including relevant national entities, will be established and will be responsible for collection and compilation of hydrographic data and nautical information and for making the information available worldwide in a fast, clear and reliable manner. This corrective action will be completed by 31 December 2020.\n', 'FD\n657 The maritime administration had not established a control and monitoring programme to ensure the collection of statistical data on maritime accidents that occur in the waters under the jurisdiction of the State so that trend analyses can be conducted to identify problem areas (III Code, paragraph 50.1).\nRoot cause\n658 There was no programme established for collecting and analysing data on accidents and no awareness of the need to put such a programme in place.\nCorrective action\n659 The maritime administration will establish a unit, within its nodal entity, responsible for the collection and analysis of statistical data on maritime accidents occurring in waters under the jurisdiction of the State. A monitoring and follow-up programme will be developed to enable the State to meet its obligations. This corrective action will be completed by 31 July 2019.\n', "FD\n660 The maritime administration did not periodically evaluate its performance in conducting coastal State activities under the applicable mandatory IMO instruments (III Code, paragraph 51).\nRoot cause\n661 The maritime administration did not have a programme or procedure in place to evaluate its performance with respect to the coastal State obligations and did not have sufficient resources to define key performance indicators in order to better track and measure performance against the set objectives.\nCircular Letter No.4028\nAnnex, page 127\nI:\\C_L\\CL.4028.docx\nCorrective action\n662 The maritime administration will institutionalize a documented programme of periodic evaluation and review of the State's performance with respect to coastal State activities, including implementation of appropriate key performance indicators. In addition, training in the QMS will be provided to the personnel concerned. This corrective action will be completed by 31 December 2019.\n", "FD\n663 There was no effective system in place, including appropriate resources, for the establishment and maintenance of AtoN. In addition, there was a lack of systematic communication of marine safety information to a contractor in order to ensure that necessary updates to the charts occur (SOLAS 1974, regulation V/13; III Code, paragragh 47; III Code, pargraph 49).\nRoot cause\n664 There was a lack of technical competency, resources and assets; as well as a lack of formal communication process between the responsible State's entities.\nCorrective action\n665 The responsible entity of the maritime administration will:\n.1 conduct a review of HR requirements for the relevant Department and seek approval for any resources required accordingly;\n.2 organize training of existing staff;\n.3 acquire a vessel to service and monitor buoys and other coastal lights;\n.4 develop an MoU with UKHO and document relevant procedures to ensure that necessary updates to charts occur and that hydrographic information is submitted periodically;\n.5 implement a system of regular meetings focusing on AtoN with ports and relevant stakeholders; and\n.6 conduct a comprehensive risk management for all AtoN.\nThis corrective action will be completed by 30 September 2019.\n", 'FD\n666 The maritime administration did not carry out periodic evaluation and review of its performance in conducting coastal State activities under the applicable mandatory IMO instruments (III Code, paragraph 51).\nCircular Letter No.4028\nAnnex, page 128\nI:\\C_L\\CL.4028.docx\nRoot cause\n667 The following factors within the responsible government entities contributed to this finding:\n.1 lack of human resources to carry out periodic evaluation and review of the performance in conducting coastal State activities under the mandatory IMO instruments;\n.2 lack of equipment and vessels for conducting hydrographical surveys; and\n.3 lack of documented controls in place to guide personnel.\nCorrective action\n668 The responsible government entities will implement the following actions:\n.1 the nodal entity will coordinate all entities comprising the maritime administration in the conduct of periodic evaluation and review of their performance in conducting coastal State activities under applicable IMO instruments. Memoranda of agreement between and among members of the maritime administration will be developed and implemented to ensure the required synergy between and among the relevant parties and to establish a reporting mechanism and define the collective performance indicators and targets as a basis for evaluation of performance in all relevant areas of coastal State activities;\n.2 a work plan will be executed for updating of nautical charts; the work will be completed on the removal of wrecks from a port; positioning of AtoN; and surveys within a gulf. For systematic review and evaluation of performance, quarterly target goals will be set by areas to be surveyed and monitoring put in place to ensure that the targets are met;\n.3 the drill schedules specified in the National Oil Spill Contingency Plan will be carried out and coordinated among involved State entities for the completion of drills specified at the national and bilateral levels. In addition, a mechanism for assessing these drills, documenting findings and providing feedback to relevant parties shall be developed and implemented. In terms of resources and processes related to pollution prevention, the programme of inspections for offshore installations will be reviewed and the system shall be revised to incorporate risk ranking and trending to provide consistent informed decision making for enforcement;\n.4 approval will be sought for regional and national SAR plan, which will include drills in accordance with IMO guidelines. Coordination and a system for reporting on oil spill drills will be established as a basis for evaluation of performance; and\n.5 all relevant entities will consider the need for additional personnel with appropriate maritime expertise and recruit additional staff, as necessary.\nThis corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 129\nI:\\C_L\\CL.4028.docx\n', 'FD\n669 There was no evidence that the maritime administration had developed and implemented a control and monitoring programme which would include the collection of statistical data so that trend analyses can be conducted to identify and address problem areas. In addition, a mechanism for communication of inspection results related to safety and pollution prevention aspects of offshore structures was not in place to enable related enforcement actions to be taken in a timely manner (III Code, paragraph 50).\nRoot cause\n670 There was a lack of an effective control mechanism, and collection and analysis of data as a basis for identifying trends was not clearly defined. In addition, the programmes utilized for the inspections of offshore installations, reporting of incidents and identifying failure mechanisms were not fully documented and were consequently based on personal judgement. There was also a lack of awareness of the need to apply statistical information and trending in consistent, informed decision making, as a basis for enforcement. Additionally, the audit protocols and record management systems did not readily support these types of trend analyses.\nCorrective action\n671 The responsible entity of the maritime administration will implement the following actions:\n.1 review the current protocols and their results as it pertains to the inspections of offshore installations; reporting of incidents, including oil spill incidents; and identifying failure mechanisms. These systems shall be revised to provide documented solutions for ready risk ranking and trending to aid consistent informed decision-making. Thereafter, these results shall be effectively communicated to all involved entities, for enforcement; and\n.2 develop a formal written procedure and a central control and monitoring database to collect statistical data for offshore structures and oil pollution incidents, with functionality to produce statistical reports for any given calendar year. Responsibilities for inter-agency reporting will be clarified and a mechanism for communication of inspection results will be developed. Arrangements will be made to ensure oversight of safety and pollution prevention aspects of offshore installations, where trend analysis can be systematically conducted to identify and address problem areas and allow enforcement action, where necessary.\nThis corrective action will be completed by 31 December 2019.\n', "FD\n672 Although a list of noxious liquid substances approved for the purpose of combating pollution incidents was kept, the list was found not updated and not systematically communicated to all concerned parties (MARPOL, Annex II, regulation 3.1.3; III Code, paragraph 50.2).\nCircular Letter No.4028\nAnnex, page 130\nI:\\C_L\\CL.4028.docx\nRoot cause\n673 There was a lack of an effective oversight mechanism in the reviewing and updating of noxious liquid substances approved for the purpose of combating pollution incidents. There was a lack of awareness of the need to communicate the list of approved chemicals to all concerned parties participating in spill response, as it also relates to chemicals that are not used in the combatting of oil spills.\nCorrective action\n674 The list of substances approved for the purpose of combating pollution incidents will be made public via the responsible entity's website. Mechanisms will be implemented to update this publicly available list as new chemicals are approved. A formal written procedure will be developed and implemented with defined controls, updating schedules and dissemination contacts for parties concerned, both within and outside of the maritime administration. This corrective action will be completed by 31 August 2018.\n", 'FD\n675 The State did not meet all of its obligations as a coastal State with regard to appropriate shore-based facilities. Although GMDSS equipment was installed, at the time of the audit it was not fully functional and related details were not reported to IMO and included in the GMDSS Master Plan (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nRoot cause\n676 There was a lack of resources to establish full GMDSS functionality.\nCorrective action\n677 Remote configurations have been completed and the details of the GMDSS system will be reported to IMO. The responsible entities of the maritime administration will coordinate their activities and keep the status of their respective GMDSS systems updated. Trained operators will receive their GMDSS licence and training logs will be implemented at each GMDSS location to reflect all the refresher training conducted. Standard procedures will be drafted on the proper use of the newly acquired equipment. This corrective action will be completed by 30 September 2018.\n', 'FD\n678 There was no evidence of an effective control and monitoring programme in place for timely response to pollution incidents. Although the National Oil Spill Contingency Plan (NOSCP) was approved, it was confirmed that the State did not ensure that the equipment to respond to oil pollution, which is provided by operators and contractors as defined in the NOSCP, was readily available (III Code, paragraph 50.2).\nRoot cause\n679 The implementation of the National Oil Spill Contingency Plan had not been fully effected and the minimum requirements per operator for Tier I equipment was not established. Expertise and guidance were limited within the responsible Ministry in relation to these assessments and there were personnel constraints, which have delayed the equipment inventory audits.\nCircular Letter No.4028\nAnnex, page 131\nI:\\C_L\\CL.4028.docx\nCorrective action\n680 The responsible entity of the maritime administration will complete the equipment inventory audits of operators for verification of each company’s state of readiness, inclusive of contractors that perform work for the Ministry on mystery spills. Simultaneously, relevant support will be acquired to assist in the establishment of the minimum requirements for Tier I and Tier II equipment with the thrust to implement the Tier II Oil Spill Response Organization system within the country. This corrective action will be completed by 31 December 2020.\n', 'FD\n681 The maritime administration had not developed and implemented a control and monitoring programme in order to establish mechanisms for timely response to pollution incidents in the waters under the jurisdiction of the State (III Code, paragraph 50.2).\nRoot cause\n682 Until 2017, there was no legal requirement in the State to establish a mechanism for timely response to pollution incidents in its waters and the responsibility for establishing a pollution response mechanism was not assigned to any entity. A new law incorporating this provision came into effect in 2017 and assigned the responsibility to the nodal entity in the maritime administration, but a mechanism was still under development at the time of audit.\nCorrective action\n683 Using the powers under the new legislation, the responsible entity will establish a mechanism for timely and coordinated response to pollution incidents in the waters of the State giving due consideration to the model laws available for the region and to all aspects of MARPOL. The new mechanism will include provisions for developing marine spill contingency plans, including required equipment, and carrying out joint drills and exercises regularly. Suitable directives will be issued to the ports, for them to take adequate measures in relation to all aspects of the marine pollution preparedness and response. A Committee, which will include representatives of all key agencies and stakeholders, will be established to oversee these matters. This corrective action will be completed by 31 December 2019.\n', 'FD\n684 The State had not assigned and defined the responsibilities for updating, revising and implementing the policies adopted for discharging its coastal State obligations (III Code, paragraph 46.2).\nRoot cause\n685 The maritime administration did not have adequate resources to perform its functions and the State did not have an established policy or a coordinated approach for discharging its coastal State obligations. It resulted in several government agencies performing their routine functions without clearly defined responsibilities or coordination.\nCorrective action\n686 National legislation identifies the nodal agency and clearly vests the coastal State functions and powers relating to policy issues and the aspects of the regulation of domestic maritime sector and the implementation of international maritime conventions in the nodal agency. Steps will be taken by the nodal agency to document the responsibilities of all key entities and to ensure that all officials of the maritime administration are fully conversant with their functions and responsibilities This corrective action will be completed by 30 June 2019.\nCircular Letter No.4028\nAnnex, page 132\nI:\\C_L\\CL.4028.docx\n', 'FD\n687 The obligations and responsibilities as a coastal State for providing meteorological services and weather warnings were not fulfilled. Weather forecasts were not broadcasted to ships in the vicinity using radio communication equipment, e.g. HF, MF, Inmarsat or NAVTEX (SOLAS 1974, regulation V/5; III Code, paragraph 47).\nRoot cause\n688 The State had resource constraints which prevented the communication of weather forecasts using appropriate radio communication equipment. Furthermore, the roles and responsibilities of the key agencies were not defined and there was ineffective coordination among the key agencies.\nCorrective action\n689 The nodal agency will implement and coordinate the arrangements to ensure that all entities concerned procure and make operational suitable radiocommunication equipment for the purpose of broadcasting weather information to ships, as required under SOLAS 1974. In addition, a communications system will be established to ensure that weather related information is obtained from the meteorological agency and effectively communicated to ships in the waters under the jurisdiction of the State. This corrective action will be completed by 31 December 2019.\n', 'FD\n690 SAR cooperation plans for foreign passenger ships calling at ports in the State had not been coordinated, evaluated, nor were any exercises carried out with the responsible entities (SOLAS 1974, regulation V/7.3; III Code, paragraph 46.1).\nRoot cause\n691 There was a lack of coordination among the responsible local entities in the maritime administration and with the regional MRCC. The responsibilities of the nodal agency of the maritime administration in conducting drills and exercises were not clearly defined.\nCorrective action\n692 The new national maritime legislation establishes the nodal agency responsible for providing support for SAR services, operations and capacities, and for exercising any function, responsibility or power related to maritime SAR. The nodal agency will establish a system to coordinate SAR activities among all relevant agencies to ensure that necessary drills and SAR exercises for passenger ships, as per SOLAS 1974, regulation V/7.3, are planned, conducted and recorded, and that other regulatory initiatives related to SAR are implemented. This corrective action will be completed by 31 December 2019.\n', 'FD\n693 The State had not implemented policies and guidance that would facilitate the implementation and enforcement of coastal State obligations and responsibilities under the applicable IMO instruments. The National Disaster Management Plan had not been updated since 2009/2010 (III Code, paragraph 46.1).\nCircular Letter No.4028\nAnnex, page 133\nI:\\C_L\\CL.4028.docx\nRoot cause\n694 There has been a failure to comprehensively cover the aspects related to marine pollution prevention, preparedness and response under the maritime laws of the State due to which a national marine spill contingency plan was not developed in the State. These deficiencies have resulted in a tendency to focus on the National Disaster Management Plan though this plan did not cover incidents of marine pollution.\nCorrective action\n695 The maritime administration will prioritize the development, drafting, adoption and enforcement of a comprehensive law to deal with marine pollution prevention, preparedness and response, based on model laws prepared for the region and shall comprehensively cover all aspects of MARPOL, including its latest amendments. The National Disaster Management Plan will be reviewed and updated to include marine pollution prevention, preparedness and response. To supplement this plan, the nodal agency will coordinate with other relevant entities the development of an effective marine spill contingency plan and will establish a committee, consisting of representatives of all key agencies and stakeholders, to oversee the implementation of these plans. This corrective action will be completed by 30 June 2020.\n', 'FD\n696 The State had not issued policies and assigned responsibilities to implement its policies, in order to effectively meet its coastal State obligations in the area of SAR activities. There were no guidelines or operating procedures in place to ensure that effective response is triggered when a maritime distress communication has been received in waters under the jurisdiction of the State (III Code, paragraph 46).\nRoot cause\n697 Due to lack of coordination, the key SAR personnel did not have access to the regional SAR cooperation agreement to which the State was a signatory. Furthermore, appropriate policies, guidelines or operating procedures were not established to assign responsibilities or to oversee the functioning of SAR arrangements and the cooperation agreement.\nCorrective action\n698 A National SAR Committee will be established by the responsible agency and a maritime SAR plan containing the responsibilities of the key agencies, the details of cooperation with an MRCC in the region and the guidelines relevant to SAR will be developed and implemented. The responsible entity will enhance its radiocommunication capabilities in order to expand its role in relation to coordinating SAR response, in accordance with the regional agreement. This corrective action will be completed by 31 December 2019.\n', 'FD\n699 The Department responsible for the provision of hydrographic services had not implemented policies through issuing of guidance, which will assist the responsible officials in the implementation and enforcement of the requirements (III Code, paragraph 46.1).\nRoot cause\n700 A department of the Ministry had been performing certain functions related to hydrographic services, however, since the responsibility was not assigned through national legislation, appropriate policies or guidance were not formulated for providing hydrographic services under SOLAS 1974, regulation V/9.\nCircular Letter No.4028\nAnnex, page 134\nI:\\C_L\\CL.4028.docx\nCorrective action\n701 Under the principal maritime act, the maritime administration has the mandate to fulfil the obligations under SOLAS 1974 to provide hydrographic services. The maritime administration, in coordination with a national level hydrography committee, will develop and implement a system that includes relevant policies and guidance for the provision of hydrographic services as required under SOLAS 1974, as well as for periodical evaluation to verify the effectiveness of the services. This corrective action will be completed by 31 December 2019.\n', "FD\n702 The State had delegated its hydrographic services to UKHO, but the responsible entity had neither evaluated the adequacy nor verified the performance of the services provided by UKHO (III Code, paragraph 51).\nRoot cause\n703 The maritime administration did not have in place a system or procedures to evaluate or verify the hydrographic services provided by UKHO. In order to address the deficiencies in the regulation of the maritime sector of the State, the Government initiated major structural changes to regulatory systems and processes. However, there had been some delays in implementing the Government's reform agenda, which contributed to this finding.\nCorrective action\n704 The new national legislation identifies an agency with the mandate to fulfil the obligations under SOLAS 1974 to provide hydrographic services. The nodal agency, in coordination with the national hydrographic committee, will develop and implement a system that includes relevant policies and guidance for the provision of hydrographic services, as obligated under SOLAS 1974, regulation V/9, and for periodical evaluation to verify the effectiveness of the services. This corrective action will be completed by 30 June 2019.\n", 'FD\n705 The State had not taken all steps necessary to ensure that information of any dangers to navigation is brought to the knowledge of those concerned. For example, navigational warnings had not been forwarded to ships operating in the waters under the jurisdiction of the State (SOLAS 1974, regulation V/4; III Code, paragraph 46.1).\nRoot cause\n706 The lack of clarity in the assignment of responsibility, resources constraints and the lack of suitable equipment prevented the effective communication of navigational warnings. Furthermore, there was no effective coordination among the key agencies involved.\nCorrective action\n707 New national legislation has assigned the responsibility for providing navigational warnings to an agency, who had already implemented a process for the issuance of circulars to advise ship owners, operators and Master of Safety issues, including navigational hazards. The agency will develop and implement a procedure to procure and make operational radiocommunication equipment to ensure that information of any dangers to navigation are brought to the knowledge of ships in coordination with all relevant agencies. The agency will\nCircular Letter No.4028\nAnnex, page 135\nI:\\C_L\\CL.4028.docx\nassess the human and technical resources needed for performing the abovementioned tasks and take measures to provide them accordingly. This corrective action will be completed by 31 December 2019.\n', 'FD\n708 There was no evidence of responsibility assigned and no national provisions in place for approving oils and noxious liquid substances for the purpose of combating pollution incidents (MARPOL, Annex I, regulation 4.3; MARPOL, Annex II, regulation 3.1.3; III Code, paragragh 46; III Code, paragraph 47).\nRoot cause\n709 There was a lack of technical resources and responsibility for approval of oils and noxious liquid substances for the purpose of combating pollution incidents was not assigned.\nCorrective action\n710 The Ministry will consult with the Environmental Protection Department for the training in, as well as the establishment and implementation of, national provisions for the approval of oils and noxious liquid substances for the purpose of combating pollution. Formal agreement of the assignment of this responsibility to an appropriate agency on behalf of the maritime administration will be concluded. This corrective action will be completed by 31 December 2020.\n', 'FD\n711 There was no evidence that the maritime administration had carried out periodic evaluation and review of its performance in conducting coastal State activities under the applicable mandatory IMO instruments (III Code, paragragh 50.2; III Code, paragragh 51).\nRoot cause\n712 There was absence of a maritime policy, structure and a culture within the maritime administration to periodically evaluate and review performance in relation to coastal State activities. There was also a lack of documented procedures and insufficient qualified personnel.\nCorrective action\n713 All government entities participating in the conduct of coastal State activities stemming from the requirements of relevant IMO instruments will establish a documented system to periodically review and evaluate the implementation and enforcement of the requirements in the area of coastal State activities, based on performance indicators tailored to meet the obligations of the State under the applicable IMO instruments. The process will be managed and monitored for continuous improvement by the national maritime inter-agency committee. This corrective action will be completed by 30 September 2021.\n', "FD\n714 There were no policies implemented, no responsibilities assigned, including through the issuance of national legislation and guidance, and no effective systems put in place, including appropriate resources, for the establishment and maintenance of the meteorological services, AtoN, hydrographic services, navigational warnings and development of plans for cooperation in emergency situations between SAR services and passenger ships (SOLAS 1974, regulation V/4; SOLAS 1974, regulation V/5; SOLAS 1974, regulation V/7.3; SOLAS 1974, regulation V/9; SOLAS 1974, regulation V/13; III Code, paragragh 46; III Code, paragraph 47; III Code, paragraph 49).\nCircular Letter No.4028\nAnnex, page 136\nI:\\C_L\\CL.4028.docx\nRoot cause\n715 There was a lack of a legal basis, guidance, human and financial resources which resulted in the State's inability to transpose the mandatory instruments to which it is Party into national legislation. Roles were not clearly defined relative to meteorological services, AtoN, hydrographic services, navigational warnings and for development of plans for cooperation in emergency situations between SAR services and passenger ships. There was also a lack of awareness of the existing international regulations.\nCorrective action\n716 The responsible entities of the maritime administration will take the following actions:\n.1 define and implement policies, including through the issuance of national legislation, as necessary, for the establishment and maintenance of meteorological services, AtoN, hydrographic services, navigational warnings and development of plans for cooperation in emergency situations between the SAR services and passenger ships;\n.2 formal arrangements will be concluded between relevant entities (e.g. the Coast Guard, the State's Port Inc and the Meteorological Department), as necessary, for the provision of these services on behalf of the maritime administration;\n.3 the Coast Guard, with oversight from the maritime administration, will develop plans for co-operation in emergency situations between the SAR services and passenger ships, in accordance with SOLAS 1974, regulation V/7.3; and\n.4 the need for additional resources and expertise will be reviewed and new staff recruited and trained, as required.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n717 The State did not meet all of its obligations as a coastal State with regard to making available appropriate shore-based facilities, including those for the provision of GMDSS (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nRoot cause\n718 There was insufficient human and financial resources, as well as lack of guidance and procedures. In addition, the maritime administration failed to carry out oversight activities including monitoring of all agencies responsible for coastal State activities to fully ensure implementation and compliance. Moreover, there was a lack of awareness of the requirements for monitoring the GMDSS policy.\nCorrective action\n719 The responsible entities of the maritime administration will take the following actions:\n.1 the Coast Guard has ordered the equipment for the establishment of Global Maritime Distress and Safety System (GMDSS) radiocommunication\nCircular Letter No.4028\nAnnex, page 137\nI:\\C_L\\CL.4028.docx\ninfrastructure and, upon receipt, the equipment will be installed, and the system implemented, including development of necessary guidance and procedures;\n.2 responsibility for the determination of sea areas will be assigned to a unit within the responsible Ministry and the boundaries of sea areas will be defined, taking into account the available radiocommunication infrastructure;\n.3 review the need for additional human and financial resources and recruit and train new staff, as required; and\n.4 establish appropriate oversight of the activities related to radiocommunication services in order to ensure compliance.\nThis corrective action will be completed by 30 June 2020.\n', 'FD\n720 The State did not have appropriate shore-based facilities either on its own, or in cooperation with other States, for providing radiocommunication services and requirements related to navigational warnings could not be complied with (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation V/5; SOLAS 1974, regulation V/31.2; III Code, paragraph 47).\nRoot cause\n721 The underlying causes for this finding were:\n.1 the resources available, especially in capital and technology, were inadequate to install an up-to-date radiocommunication system and to provide required radiocommunication services; and\n.2 the available maintenance support was unable to repair the existing radiocommunication equipment, leading to unreliable service.\nCorrective action\n722 The following actions will be implemented by the responsible entity:\n.1 the defective radiocommunication equipment will be repaired or replaced, as necessary; and\n.2 radiocommunication equipment needed for exchange of information in relation to meteorological services and dangers to navigation, with reference to SOLAS 1974, regulations V/5 and V/31.2, respectively, will be installed in consultation with neighbouring States.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n723 The State did not fulfil its obligation for providing meteorological services and warnings either on its own, or in cooperation with other States (SOLAS 1974, regulation V/5; III Code, paragraph 47).\nCircular Letter No.4028\nAnnex, page 138\nI:\\C_L\\CL.4028.docx\nRoot cause\n724 The following factors led to this finding:\n.1 the resources available (human and capital) in the responsible entity were inadequate to disseminate the meteorological information and warnings;\n.2 the technology deployed was inadequate for transmitting weather warnings and forecasts to ships; and\n.3 an institutional arrangement was not in place for providing meteorological services to ships.\nCorrective action\n725 The following actions will be implemented by the responsible entity:\n.1 an institutional arrangement will be established for broadcasting of meteorological information to ships in coordination with the agency responsible for gathering and issuing meteorological information;\n.2 the transmission capabilities for meteorological information will be enhanced by coordinating procedures with the relevant agencies and by developing a system that can broadcast meteorological information using terrestrial and space radiocommunications; and\n.3 adequate capital and human resources will be provided by the maritime administration for performing these tasks.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n726 The State did not arrange for collection and compilation of hydrographical data on regular basis and did not publish or disseminate up-to-date nautical information necessary for safe navigation through its coastal waters (SOLAS 1974, regulation V/9; III Code, paragragh 46; III Code, paragraph 47).\nRoot cause\n727 The following factors led to this finding:\n.1 the technology and information management systems in place to collect, publish and disseminate hydrographic and nautical information were inadequate;\n.2 sufficient resources were not available with hydrographic survey department to carry out the tasks of compiling all the data and information related to hydrographic services; and\n.3 an institutional arrangement was not in place between the entities concerned, especially for coordinating and subsequently providing the hydrographic services.\nCircular Letter No.4028\nAnnex, page 139\nI:\\C_L\\CL.4028.docx\nCorrective action\n728 The following actions will be implemented by the responsible entities:\n.1 the maritime administration will coordinate with the hydrographic survey department to establish an institutional arrangement for production of charts (paper chart and ENC) and nautical publications necessary for safe navigation in the waters under the jurisdiction of the State;\n.2 adequate resources will be provided to the hydrographic survey department for gathering and disseminating hydrographic information; and\n.3 adequate training will be provided to the personnel involved in hydrographic survey department to enhance their capabilities.\nThis corrective action will be completed by 30 June 2021.\n', "FD\n729 The State did not have adequate arrangements for ensuring the availability and maintenance of AtoN related to safety of navigation in coastal waters under its jurisdiction (SOLAS 1974, regulation V/13; III Code, paragraph 47).\nRoot cause\n730 The following factors contributed to this finding:\n.1 insufficient resources to oversee the establishment and maintenance of aids to navigation (AtoN) and to periodically assess their condition and adequacy; and\n.2 inadequate organizational arrangements to ensure structural repairs and maintenance of existing AtoN.\nCorrective action\n731 The following actions will be implemented by the responsible entity:\n.1 a project will be established for the need's assessment, installation, maintenance and periodical assessment of performance of the AtoN in the State; and\n.2 sufficient number of personnel with appropriate qualification and expertise will be recruited to perform the tasks related to AtoN.\nThis corrective action will be completed by 30 June 2021.\n", 'FD\n732 The State did not establish sufficient measures for consistent implementation and verification of its obligations and responsibilities in relation to SAR services (SOLAS 1974, regulation III/27; SOLAS 1974, regulation V/7.3; SOLAS 1974, regulation V/8; III Code, paragraph 47).\nCircular Letter No.4028\nAnnex, page 140\nI:\\C_L\\CL.4028.docx\nRoot cause\n733 The following factors contributed to this finding:\n.1 the maritime rescue coordination centre (MRCC) was a part of the national aeronautical SAR arrangements and hence maritime SAR aspects were not adequately covered in the national SAR manual;\n.2 appropriate arrangements were not established for periodic maritime SAR exercises and distress communications; and\n.3 the requirement for a plan for cooperation with the SAR services for passenger ships calling the ports of the State was not implemented and no additional measures were taken in relation to passenger ships.\nCorrective action\n734 The following actions will be taken by the responsible entity:\n.1 a new national SAR manual adequately covering maritime SAR aspects will be prepared and released to all SAR agencies; and\n.2 based on this manual, plans for cooperation with the SAR services for passenger ships calling the ports of the State will be developed and tested by conducting periodical exercises, including the use of life saving signals.\nThis corrective action will be completed by 31 December 2019.\n', 'FD\n735 The State did not consider, develop and implement a control and monitoring programme or provide for trend analysis to identify problem areas in fulfilling its obligations as a coastal State. In addition, the State did not have a system in place to periodically evaluate its performance in the conduct of coastal State activities (III Code, paragraph 50.1; III Code, paragraph 51).\nRoot cause\n736 Due to lack of resources in the maritime administration, a control and monitoring programme for the coastal State functions of the State was not established, and there was no practice of collection and analysis of data related to coastal State activities, nor for periodical evaluation and review of performance. Furthermore, there was no established procedure to gather data or reports from other relevant agencies, on coastal State activities under their remit, that can be used to analyse and identify problem areas at the level of the State.\nCorrective action\n737 The following actions will be implemented by the responsible entities:\n.1 the need for additional resources will be assessed and sufficient personnel with appropriate qualification will be recruited to carry out the tasks related to developing and implementing a control and monitoring programme;\nCircular Letter No.4028\nAnnex, page 141\nI:\\C_L\\CL.4028.docx\n.2 data related to coastal State activities will be collected from all concerned entities for evaluation and analysis of performance in the conduct of coastal State activities; and\n.3 a management system and procedures will be developed and implemented in order to gather relevant data from all involved entities and to periodically evaluate the performance in the conduct of coastal State activities.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n738 The State did not make available appropriate shore-based facilities, either on its own or in cooperation with other States, for providing radiocommunication services (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nRoot cause\n739 The lack of adequate legal basis and documented procedures, especially in the assignment of responsibilities amongst government entities, resulted in gaps in fulfilment of the coastal State obligations under the mandatory IMO instruments related to establishment of radiocommunication services.\nCorrective action\n740 The maritime administration will develop and implement appropriate legislation and assign responsibilities for fulfilling coastal State obligations under the mandatory IMO instruments related to provision of radiocommunication services. Appropriate guidance and procedures will be adopted, the need for additional equipment reviewed and required equipment will be provided accordingly, to ensure that radiocommunication services are available to ships in the coastal waters and that adequate coverage is provided along the coast. This corrective action will be completed by 31 December 2020.\n', 'FD\n741 The SAR services in the State did not fully meet the provisions of regulation V/7 of SOLAS 1974 and information on available facilities was not communicated to IMO. In addition, plans for cooperation between SAR services and passenger ships were not developed (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n742 This finding resulted from the delay in fulfilling SAR obligations and the lack of coordination amongst the entities involved in SAR operations.\nCorrective action\n743 The maritime administration will develop, document and implement a procedure for SAR, which will comply with the requirements of SOLAS 1974 and enable the maritime administration to provide coordinated and effective SAR services. Necessary arrangements will be made for communication of details of SAR facilities to IMO. Plans for cooperation in emergency between SAR services and passenger ships calling the ports of the State will be developed and implemented. This corrective action will be completed by 31 December 2021.\nCircular Letter No.4028\nAnnex, page 142\nI:\\C_L\\CL.4028.docx\n', 'FD\n744 The State did not have adequate arrangements for collection and compilation of hydrographic data on a regular basis and the existing charts of its coastal waters were not up to date with nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; III Code, paragraph 47).\nRoot cause\n745 The causes that led to this finding were:\n.1 the absence of a culture to periodically evaluate or review the performance of the State in fulfilling its obligations under the mandatory IMO instruments;\n.2 the lack of documented procedures; and\n.3 the lack of coordination between the State entities involved in performing coastal State functions.\nCorrective action\n746 The following actions will be undertaken:\n.1 maritime administration will develop a comprehensive policy on annual evaluation and review of the coastal State obligations;\n.2 maritime administration will assign responsibilities for providing hydrographic services to fulfil the obligations under regulation V/9 of SOLAS 1974; and\n.3 documented procedures and guidelines for providing hydrographic services as well as the need for additional equipment reviewed and required equipment provided accordingly, will be developed and implemented by the responsible entities of the maritime administration.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n747 The maritime administration did not periodically evaluate its performance in respect of meeting its coastal State obligations and responsibilities under the relevant IMO instruments (III Code, paragraph 51).\nRoot cause\n748 The primary reason for this finding was the absence of a culture to periodically evaluate or review the performance as a coastal State. The lack of documented procedures and coordination between the entities involved in performing coastal State functions also contributed to this finding.\nCircular Letter No.4028\nAnnex, page 143\nI:\\C_L\\CL.4028.docx\nCorrective action\n749 The following actions will be undertaken by the maritime administration:\n.1 develop a comprehensive policy on periodic evaluation of performance of the entities, operating under different ministries, responsible for the implementation and enforcement of coastal State requirements stemming from the mandatory IMO instruments;\n.2 identify the authorities responsible for carrying out the evaluation; and\n.3 allocate the required resources and appropriate logistics for conducting periodic evaluation of performance in the conduct of coastal State activities.\nThis corrective action will be completed by 31 July 2020.\n', 'FD\n750 The State had not assigned the responsibilities for implementing policies through issuing national legislation and guidelines on coastal State obligations, as well as for revising and updating any adopted policy (III Code, paragraph 46.2).\nRoot cause\n751 The causes that led to this finding were:\n.1 absence of a culture to periodically evaluate or review performance; and\n.2 shortcomings in the policies for assigning responsibilities to appropriate entities within the maritime administration.\nCorrective action\n752 The following actions will be undertaken by the maritime administration:\n.1 develop a comprehensive policy on the role of the entities under different ministries responsible for implementation and enforcement of coastal State functions;\n.2 identify and assign the responsibilities for carrying out various coastal State activities, including the issuance of national legislation and guidance, to appropriate entities;\n.3 issue a letter of recognition to the Navy, entrusting the responsibilities pertaining to radiocommunication and hydrographic services, as required under SOLAS 1974;\n.4 assign the Government shipping service with the responsibility of servicing and maintaining the network of aids to navigation (AtoN), as required under SOLAS 1974; and\n.5 periodically review these arrangements to ensure that all coastal State obligations are assigned to, and performed by, appropriate entities within the Government.\nCircular Letter No.4028\nAnnex, page 144\nI:\\C_L\\CL.4028.docx\nThis corrective action will be completed by 31 January 2020.\n', "FD\n753 The maritime administration did not meet all of its obligations with regard to making available appropriate shore-based facilities, including those for GMDSS. In addition, the State had not provided IMO with pertinent information concerning the shore-based facilities in the Maritime Mobile Service, Mobile-Satellite Service and Maritime Mobile-Satellite Service and had not designated sea areas of its coast (SOLAS 1974, regulation IV/5; III Code, paragragh 47 ; III Code, paragraph 51).\nRoot cause\n754 Challenges in terms of human resources, financial resources and lack of legislation, as well as complex procurement processes, are the root causes for this finding.\nCorrective action\n755 The responsible entity of the maritime administration will establish a vessel traffic management information system (VTMIS) to cover 27 NM (beginning of the channel to inner harbour) of the coastal waters. A shore-based AIS monitoring system will be procured and installed. Provisions have been made in the responsible entity's 2019 capital budget for VTMIS to be fully implemented by end of 2019. The Radiocommunication Regulatory Authority will engage relevant consultants in the specialized area of maritime communications and demarcation of sea areas within a time frame of three years with necessary budgetary allocation. This corrective action will be completed by 30 December 2021.\n", 'FD\n756 There was no evidence that the maritime administration had periodically evaluated its performance in respect of establishing a control and monitoring programme, including a mechanism for timely response to pollution incidents in the waters under the jurisdiction of the State (MARPOL, Annex I, regulation 4.3; MARPOL, Annex II, regulation 3.1.3; III Code, paragraph 50.1; III Code, paragraph 50.2; III Code, paragraph 51).\nRoot cause\n757 There was no national oil spill contingency plan in place, which would have formed the basis for evaluation and monitoring of performance. In addition, there was no remote monitoring system, such as VTMIS, deployed to serve the purpose of reporting any incidents in the maritime domain of the State, therefore, there was no reliable data available as a basis for analysis.\nCorrective action\n758 The National Oil Spill Contingency Plan (NOSCP), coordinated by the responsible entity of the maritime administration with other key stakeholders, will be finalized and approved by the end of 2019. A process for approval of substances containing oil or noxious liquid substances for the purpose of combating oil pollution will be developed and implemented. In addition to adopting and operationalizing the NOSCP, the State will acquire VTMIS to complement physical monitoring and obtain statistical data on the incidents relating to pollution. AtoN and maritime incidents monitoring will be included in VTMIS functional scope and the data obtained will be subject to periodical review and analysis to determine effectiveness in the conduct of coastal State activities. This corrective action will be completed by 31 July 2020.\nCircular Letter No.4028\nAnnex, page 145\nI:\\C_L\\CL.4028.docx\n', "FD\n759 There were no policies implemented nor responsibilities assigned or resources available to arrange for the collection and compilation of hydrographic data and the publication, dissemination and keeping up to date all nautical information necessary for safe navigation (SOLAS 1974, regulation V/9; III Code, paragraph 46; III Code, paragraph 47; III Code, paragraph 51).\nRoot cause\n760 Lack of capacity and delays in procurement processes contributed to this finding.\nCorrective action\n761 The maritime administration will undertake the following actions:\n.1 the process of acquiring relevant survey and data processing equipment will be completed, which will enable the responsible entity, based on a defined mandate in national law, to collect and compile all hydrographic data necessary for keeping the navigational charts of the waters under the jurisdiction of the State updated, through the arrangement with the United Kingdom Hydrographic Office (UKHO). It is envisaged that the responsible entity's hydrographic unit will be fully operational before the end of 2019; and\n.2 the responsible entity had been mandated, through law, to ensure safety of navigation in the jurisdictional waters of the State; and as part of its role, will develop and implement a system for periodical review of performance in providing hydrographic services, based on defined key performance indicators, as a basis for improvement.\nThis corrective action will be completed by 31 July 2020.\n", 'FD\n762 The maritime administration had not in place the necessary arrangements for distress communication and coordination in its area of responsibility, nor was fulfilling the obligations set out in the regional SAR plan. It could not be established that the maritime administration had plans for cooperation between passenger ships calling the port of the State and MRCC. The existing SAR facilities were not communicated to IMO (SOLAS 1974, regulation V/7.1; SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47; III Code, paragraph 51).\nRoot cause\n763 Breakdown of the equipment supplied to MRCC, which could not be maintained due to a lack of funds, as well cost involved in sustaining the satellite phones for communicating, were at the root of this finding.\nCorrective action\n764 The State will provide alternative communication systems to satellite phones, such as VHF and HF radio communication systems to ensure distress communication with ships. Additionally, an international direct dial telephone line will be installed for communication with other rescue sub-centres in accordance with the Regional SAR Plan. Resources for maintenance of the equipment, such as PCs and printers, will also be provided to enable communication of distress messages. Information on available facilities will be provided to IMO\nCircular Letter No.4028\nAnnex, page 146\nI:\\C_L\\CL.4028.docx\nthrough GISIS. Although the number of passenger ships calling the port of the State is low and their calls are seasonal, the cooperation arrangements between the SAR services and those ships calling the port of the State will be made in compliance with SOLAS 1974 requirements.\nThis corrective action will be completed by 31 January 2020.\n', 'FD\n765 Not all nautical information necessary for safe navigation was up to date, suggesting that the current nautical charts were out of date (SOLAS 1974, regulation V/9; III Code, paragraph 47).\nRoot cause\n766 There was a lack of resources that contributed to this finding.\nCorrective action\n767 The responsible entities of the maritime administration will implement the following actions:\n.1 develop and implement legal provisions on hydrographic services for the safety of navigation and establish guidelines for the management of hydrographic services;\n.2 provide human and material resources via the hydrographic department of the maritime administration, as well as the assistance of external parties; and\n.3 develop and implement documented procedures for the collection of hydrographic data and for the production and dissemination of navigational charts, in accordance with the applicable international standards.\nThis corrective action will be completed by 30 November 2020.\n', 'FD\n768 The maritime administration had not communicated to IMO the information on available SAR facilities and arrangements and had not developed any plans for cooperation between the national SAR services and passenger ships calling regularly at the ports under the jurisdiction of the State (SOLAS 1974, regulation V/7.2; SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n769 There was a lack of coordination among the government entities involved in SAR activities.\nCorrective action\n770 The responsible entity of the maritime administration will implement the following actions:\n.1 develop and implement a communication of information procedure to record and communicate information on available SAR facilities and arrangements to IMO. In addition, a focal point will be designated to coordinate with the involved entities and collect relevant information to populate the necessary modules in GISIS; and\nCircular Letter No.4028\nAnnex, page 147\nI:\\C_L\\CL.4028.docx\n.2 engage in developing and implementing plans for cooperation with SAR services, based on SOLAS 1974, regulation V/7.3, and related IMO guidelines, for all passenger ships calling at ports of the State.\nThis corrective action will be completed by 31 March 2020.\n', 'FD\n771 The maritime administration did not ensure that mechanisms were established by the appropriate entities for the provision of radiocommunication services, such as assigning identities for GMDSS purposes, digital selective calling and that danger messages related to the safety of navigation were made readily available to mariners. In addition, the timely response to pollution incidents could not be verified (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; SOLAS 1974, regulation V/4; III Code, paragragh 49; III Code, paragraph 50.2).\nRoot cause\n772 There was a lack of national legislation, resources and processes in place, a lack of clearly defined responsibilities or a dedicated unit, and a lack of coordination among entities.\nCorrective action\n773 The responsible entities of the maritime administration will:\n.1 develop and implement a national plan for establishment of coastal stations in the State. In coordination with National Frequency Management Unit (NFMU), a mechanism will be developed to address the management of provision of radiocommunication services and maritime safety information to mariners. The Maritime Administration Department’s QMS will be reviewed to include processes for management of radiocommunication services, including GMDSS obligations, and to ensure inter-agency coordination;\n.2 review and fast-track the adoption and implementation of the State’s oil spill response plan, currently in draft. In coordination among different entities, arrangements will be made to deploy their specific resources and services for timely response in the event of a pollution incident; and\n.3 train existing personnel and, if required, recruit qualified personnel.\nThis corrective action will be completed by 30 June 2020.\n', "FD\n774 The maritime administration had not implemented a system of periodic evaluation of performance with regard to its coastal State activities for the purpose of verifying compliance with its obligations under the applicable mandatory IMO instruments to which it is Party (III Code, paragraph 51).\nRoot cause\n775 There was a lack of resources and coordination among the State's entities involved in coastal State activities.\nCircular Letter No.4028\nAnnex, page 148\nI:\\C_L\\CL.4028.docx\nCorrective action\n776 The overall maritime strategy will include procedures addressing periodic reviews and performance evaluations in the area of coastal State activities. These will be based on clear objectives and KPIs defined for all involved entities to evaluate the effectiveness in the implementation and enforcement of the applicable IMO instruments, taking into account recommendations, in order to identify and implement actions for continual improvement. Results of the periodic review will be reported to the responsible ministries yearly in order to evaluate the performance in the area of coastal State activities. Focal points will be appointed by all involved entities to follow up and coordinate their activities, including evaluation of performance. This corrective action will be completed by 30 March 2020.\n", 'FD\n777 The maritime administration did not provide the Organization with pertinent information concerning the shore-based facilities in the maritime mobile service and maritime mobile-satellite service, established for designated areas around the coast (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nRoot cause\n778 The information concerning maritime mobile satellite service and designated sea areas around the coasts of the State were not prioritized.\nCorrective action\n779 The responsible entity of the maritime administration will report to IMO, as required, on the designation of sea areas around the coasts of the State in respect of maritime mobile service and maritime mobile-satellite service. This provision will be included in the new procedure for communication of information to IMO. In addition, technical assistance will be requested from IMO and other partners on shore-based facilities in the maritime mobile service and the maritime mobile-satellite service. This corrective action will be completed by 31 December 2020.\n', 'FD\n780 The governmental entity responsible for SAR activities and RMRCC had not implemented policies and procedures to guarantee that passenger ships operating in waters under the jurisdiction of the State were in possession of a rescue plan developed in cooperation between the ship, the company and the SAR services of the State (SOLAS 1974, regulation V/7.3; III Code, paragraph 47).\nRoot cause\n781 There were inadequate provisions within policies and procedures of State entities responsible for SAR.\nCorrective action\n782 The responsible entity of the maritime administration will coordinate and review policies and procedures on SAR activities and will ensure that passenger ships operating in the waters under the jurisdiction of the State are in possession of a plan for cooperation in the event of an emergency, developed in collaboration between the ship, the company and the SAR services of the State. The mentioned policies will be in line with the related IMO guidelines. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 149\nI:\\C_L\\CL.4028.docx\n', "FD\n783 The maritime administration had not implemented a system for periodic performance evaluation in the conduct of coastal State activities, for the purpose of verifying compliance with the obligations of the State under the mandatory IMO instruments to which it is Party (III Code, paragraph 51).\nRoot cause\n784 The lack of a systematically controlled framework for monitoring and evaluation of performance in respect of coastal State obligations under the mandatory IMO instruments contributed to this finding.\nCorrective action\n785 The responsible entities of the maritime administration will revise the State's IMO instruments implementation strategy 2018-2023 to include procedures for periodic evaluation of performance in the area of coastal State activities, based on clear objectives and KPIs. The result of the periodic review will be reported yearly to the respective ministries in order to evaluate the performance in the area of coastal State activities regarding compliance with the mandatory IMO instruments to which the State is Party. In parallel, review of the management systems of relevant entities will be carried out in order to update related procedures. This corrective action will be completed by 31 December 2020.\n", "FD\n786 The State did not fulfil its obligations to provide meteorological services and warnings to the ships in its waters (SOLAS 1974, regulation V/5; III Code, paragraph 47).\nRoot cause\n787 The obligation under the mandatory IMO instruments for the provision of meteorological services, was not transposed into national legislation, hence provision of these services could not be fully implemented. Another factor that contributed to this finding was the lack of coordination between various government agencies responsible for coastal State functions.\nCorrective action\n788 The following actions will be undertaken by the responsible entities:\n.1 the nodal entity of the maritime administration, in consultation with involved government entities, will develop a system to transpose the mandatory IMO instruments and their amendments into national legislation in a timely manner, and to review and update the legislation periodically;\n.2 the Legal Advisory Unit will monitor the review and updates of national legislation and inform the department responsible for meteorology about the obligations of the State;\n.3 the facilities in the State to provide meteorological services and warnings to the ships will be reviewed and guidance will be issued for the department responsible for meteorology to develop sufficient capability for providing meteorological services and warnings, and its capabilities will be upgraded to fulfil the obligations under regulation V/5 of SOLAS 1974;\nCircular Letter No.4028\nAnnex, page 150\nI:\\C_L\\CL.4028.docx\n.4 a system will be established for periodic interaction between the concerned agencies in performing coastal State functions under the coordination of the nodal agency; and\n.5 the provision of meteorological services will be a part of the annual review and evaluation of the State's performance in the conduct of coastal State activities.\nThis corrective action will be completed by 31 March 2021.\n", "FD\n789 The State had not established mechanisms ensuring the availability and maintenance of AtoN. It was evidenced that the AtoN currently in place was not adequate for the safe navigation of ships (SOLAS 1974, regulation V/13; III Code, paragraph 47).\nRoot cause\n790 Although the needs assessment for AtoN was carried out by the State, no further action could be taken to provide adequate AtoN due to lack of human and financial resources.\nCorrective action\n791 The following actions will be undertaken by responsible entities:\n.1 sufficient human and financial resources will be provided by the maritime administration to oversee the AtoN services and suitable training will be provided to key personnel for performing relevant tasks;\n.2 the State will provide adequate AtoN for safe navigation of ships based on the need's assessment study. While doing so, priority will be accorded to port areas and areas where ships call or transit;\n.3 a system will be established, and responsibility will be assigned for a periodic review of interactions between all concerned agencies and status of AtoN; and\n.4 the provision of AtoN services will be a part of the annual review and evaluation of the State’s performance in the conduct of coastal State activities.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n792 The State did not fulfil its obligations as a coastal State with regard to the provision of appropriate shore-based facilities for radiocommunication services to ships (SOLAS 1974, regulation IV/5; III Code, paragraph 47).\nRoot cause\n793 Some of the obligations under the mandatory IMO instruments, including the provision of radiocommunication services, were not transposed into national legislation, hence could not be fully implemented. Another factor that contributed to this finding was the lack of coordination between various government agencies responsible for coastal State functions.\nCircular Letter No.4028\nAnnex, page 151\nI:\\C_L\\CL.4028.docx\nCorrective action\n794 The following actions will be undertaken:\n.1 the nodal entities of the maritime administration, in consultation with relevant government entities, will develop a system to transpose the mandatory IMO instruments and their amendments into national legislation in a timely manner, and to review and update the legislation periodically;\n.2 the "Legal Advisory Unit" will monitor the review and updates of national legislation and inform the entity concerned on the obligations of the State with regard to radiocommunication services;\n.3 the existing shore-based facilities for radiocommunication services will be reviewed by the maritime administration and guidance will be issued to the entity concerned to upgrade them, as necessary. Sufficient capability for radiocommunication services will be developed to fulfil the State\'s obligations under regulation IV/5 of SOLAS 1974;\n.4 a system will be established, and responsibility will be assigned for a periodic review of the interactions between all concerned agencies and of the status of radiocommunication services; and\n.5 provision of radiocommunication services will be part of the annual review and evaluation of the State\'s performance in the conduct of coastal State activities.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n795 The State had not established mechanisms for timely response to pollution incidents in its waters (III Code, paragraph 50.2).\nRoot cause\n796 Pollution response in the State was dealt with by several agencies, but the responsibility for developing a pollution response plan for the State, for implementation of its provisions, and for periodic review, was not assigned to a specific agency.\nCorrective action\n797 The following actions will be undertaken:\n.1 administrative instructions will be issued by the responsible Ministry for the development, implementation and periodic review of a national contingency plan for marine pollution. Accordingly, a national contingency plan for marine pollution for the State will be established in consultation with all relevant government entities and stakeholders;\n.2 the responsible Ministry will assign the responsibility for the development, implementation and review of the national contingency plan; and\nCircular Letter No.4028\nAnnex, page 152\nI:\\C_L\\CL.4028.docx\n.3 preparedness for response to pollution incidents will be part of the annual review and evaluation of the State’s performance in the conduct of coastal State activities.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n798 There was no system in place for the evaluation and review of the overall performance in the area of coastal State activities (III Code, paragraph 51).\nRoot cause\n799 Entities within the maritime administration were not fully aware of their coastal State responsibilities and they also had infrastructure, financial and human resource constraints.\nCorrective action\n800 A system which covers all relevant aspects will be established for periodical review and evaluation of functions in the area of coastal State activities, based on performance indicators defined to measure the effectiveness in the implementation and enforcement of the requirements stemming from the applicable IMO instruments, and taking into account recommendations, in order to identify and implement measures for continual improvement. Provision will be made in the annual budget to address the infrastructure, financial and human resource constraints. This corrective action will be completed by 31 December 2022.\n', 'FD\n801 The responsibility for the establishment of GMDSS system in the State was not assigned and there was no related legislation, documented policy or procedures in place. The GMDSS system was not established in order to support transmitting navigational warnings, danger messages, meteorological and other urgent messages related to safety of navigation. In addition, a system for issuing radio station licenses and MMSI numbers was not in place (SOLAS 1974, regulation IV/5; SOLAS 1974, regulation IV/5-1; III Code, paragraph 46; III Code, paragraph 47; III Code, paragraph 49).\nRoot cause\n802 The absence of the legal basis, infrastructure, guidance regulations, as well as the lack of human, material and financial resources contributed to this finding.\nCorrective action\n803 The maritime administration will implement the following actions:\n.1 national legislation and guidelines for the provision of maritime radiocommunication services, broadcasting of navigational warnings and issuing MMSI numbers and call signs will be developed and implemented;\n.2 a coastal radio station conforming to the standards required for the provision of GMDSS coverage, covering waters under the jurisdiction of the State, will be established; and\nCircular Letter No.4028\nAnnex, page 153\nI:\\C_L\\CL.4028.docx\n.3 the required equipment, material and other resources shall be provided by the maritime administration. A training programme to address the human resource constraints will be developed.\nThis corrective action will be completed by 31 December 2022.\n', 'FD\n804 The State did not establish mechanism to provide meteorological services and issue navigational warnings and there was no clear responsibility assigned nor documented policy in place with regard to the provision of meteorological services (SOLAS 1974, regulation V/5; III Code, paragraph 46; III Code, paragraph 47).\nRoot cause\n805 The absence of a legal basis, infrastructure and guidelines, as well as the lack of human, material and financial resources, created a void in understanding the existing international regulations. There was no agreement with the Meteorological Services Division to ensure continuous availability of meteorological information and the absence of a coastal radio mechanism and the responsible entity were at the root of this finding.\nCorrective action\n806 The maritime administration will implement the following actions:\n.1 the legal basis, infrastructure and guidelines for the provision of meteorological services and for the issuance of navigational warnings will be developed and implemented. A formal agreement will be concluded between the Maritime Authority and the Meteorological Services Division for the provision of meteorological information;\n.2 qualified personnel will be recruited and trained on the requirements of the applicable IMO instruments by the maritime administration; and\n.3 provision will be made in the annual budget for the required resources.\nThis corrective action will be completed by 31 December 2022.\n', 'FD\n807 There was evidence that arrangements made for distress communication and coordination for the rescue of persons in distress at sea were not adequate (SOLAS 1974, regulation V/7.1; III Code, paragraph 49).\nRoot cause\n808 Lack of legal basis, infrastructure and guidelines for all entities responsible for SAR operations and a lack of awareness of the relevant requirements of the applicable IMO instruments were at the root of this finding. Also, there was a lack of qualified personnel and financial resources.\nCircular Letter No.4028\nAnnex, page 154\nI:\\C_L\\CL.4028.docx\nCorrective action\n809 Guidelines for the provision of SAR services will be developed and implemented, and a marine search and rescue committee will be established with participation of representatives from national entities involved in SAR operations. The committee will be adequately resourced and, among others, will be responsible for providing IMO with required information on SAR facilities, for ensuring that all involved personnel in SAR operations are qualified, trained and assessed through drills and exercises, and that passenger ships engaged in the waters under the jurisdiction of the State are in the possession of an approved SAR plan, in compliance with the international requirements. This corrective action will be completed by 31 December 2022.\n', 'FD\n810 There was no evidence of an effective control and monitoring programme in place for timely response to pollution incidents. Although the National Oil Spill Contingency Plan (NOSCP) was approved, it was not ensured that the equipment to respond to oil pollution is readily available and that planned drills in accordance with the NOSCP are carried out. Furthermore, NOSCP did not include any provision for response to pollution caused by chemicals other than oil. In addition, there was no evidence that any dispersant for the purpose of combating specific pollution incidents in order to minimize the damage from pollution had been approved (MARPOL, Annex I, regulation 4.3; MARPOL, Annex II, regulation 3.1.3; III Code, paragraph 50.2).\nRoot cause\n811 Entities within the maritime administration were not fully aware of their responsibilities.\nCorrective action\n812 The National Coordination Centre for Disaster Management (NCCR) will develop a control mechanism and relevant procedures for timely response in case of pollution incidents. Furthermore, drills will be conducted under the National Oil Spill Contingency Plan (NOSCP) and operational readiness for combating pollution will be ensured, including availability of necessary equipment. NCCR will put in place a contingency plan for response to pollution caused by chemicals other than oil. The list of the approved dispersants will also come into effect. This corrective action will be completed by 31 December 2022.\n', "FD\n813 The Maritime Administration did not establish mechanism to review and evaluate its ship routeing systems in approaches to the port in line with the guidelines and criteria developed by resolution A.572 (14), as amended (SOLAS 1974, regulation V/10; III Code, paragraph 49).\nRoot cause\n814 There was a lack of performance evaluation in relation to the efficiency of ship routeing systems and the State had not transposed into national legislation the provisions of resolution A.572(14), as amended.\nCorrective action\n815 The maritime administration will establish and implement a mechanism to review and evaluate the effectiveness of the existing ship routeing systems, in accordance with the guidelines and criteria defined in resolution A.572(14), as amended. This corrective action will be completed by 30 June 2019.\nCircular Letter No.4028\nAnnex, page 155\nI:\\C_L\\CL.4028.docx\nPORT STATE ACTIVITIES\nFindings (FD)\n816 An effective port State control system with legislation, assignment of responsibilities, policies, guidance, procedures were not established for the consistent implementation and verification of PSC provisions in the international instruments to which the State is a Party (III Code, paragraph 55).\nRoot cause\n817 There was a lack of assigned responsibilities among the State's entities involved and outdated rules and regulation on the matter. In addition, a lack of QMS contributed to this finding.\nCorrective action\n818 The responsible entity of the maritime administration will implement the following actions:\n.1 under the project on reviewing maritime legislation, appropriate national legislation will be developed and implemented to establish legal basis for an effective PSC system; and\n.2 policies, guidance and procedure will be developed in line with relevant IMO resolutions and guidelines and the provisions of the regional MoU on PSC, with defined roles and responsibilities to ensure consistent implementation and enforcement of relevant provisions of the applicable IMO instruments.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n819 Although the State is Party to all MARPOL annexes, its ports were found not to be equipped with the appropriate reception facilities or equivalent arrangements for the reception of Annexes II, IV and VI. Besides, regulatory structure was not fully established and the requirements for communication of the relevant information to IMO was not fulfilled (MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulations 12.1; MARPOL, Annex VI, regulation 17.1; III Code, paragraph 56.1).\nRoot cause\n820 There was a lack of national legislation, lack of awareness and lack of financial resources. In addition, the lack of promulgation and dissemination of information to ports contributed to this finding.\nCorrective action\n821 The responsible entity of the maritime administration will implement the following actions:\n.1 under the project on reviewing maritime legislation, appropriate national legislation will be developed and implemented requiring ports of the State to establish adequate reception facilities in accordance with Annexes II, IV\nCircular Letter No.4028\nAnnex, page 156\nI:\\C_L\\CL.4028.docx\nand VI of MARPOL. In addition, the lead entity will promulgate regulations to all relevant entities of the State to ensure compliance with the requirements of the aforementioned legislation;\n.2 equivalent arrangements for the reception of waste, as regulated under annexes II, IV and VI of MARPOL will be established, by authorizing private suppliers, using lorries or barges, for providing such services;\n.3 compliance with the provisions of national legislation and MARPOL will be monitored and annual certificate of compliance will be issued to authorized suppliers; and\n.4 a QMS will be established, with appropriate policy, which will define various processes and procedures for communication of information to IMO in relation to arrangements for port reception facilities.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n822 The maritime administration has not implemented the IMDG Code, the IMSBC Code and related amendments. The dangerous goods handling practices in ports were found not adequately regulated, controlled or supervised by the competent authorities (SOLAS 1974, regulation VII/3; SOLAS 1974, regulation VII/7-5; IMDG Code, section 1.3.1; III Code, paragraph 57).\nRoot cause\n823 There was a lack of coordination among the relevant State’s entities and a lack of awareness of the requirements of the IMDG and IMSBC codes. In addition, the absence of national legislation and resources contributed to this finding.\nCorrective action\n824 The responsible entities of the maritime administration will implement the following actions:\n.1 under the project on reviewing maritime legislation, appropriate national legislation will be developed and implemented to adopt the provisions of the IMDG and IMSBC codes and the responsible entity for the implementation and enforcement of the mentioned national legislation will be appointed;\n.2 amendments to the IMDG and IMSBC Codes will be treated according to a new procedure for incorporation of amendments to the IMO instruments into national legislation, to be established;\n.3 the responsible Ministry will establish an inter-institutional committee, consisting of representatives from the various entities involved, as the national competent authority for dangerous goods matters, including developing and supervising the implementation of instructions on IMDG Code requirements, as well as communication of relevant information to IMO; and\n.4 the competent authority will arrange to develop and deliver training programmes for shore-based personnel engaged in handling of dangerous goods.\nCircular Letter No.4028\nAnnex, page 157\nI:\\C_L\\CL.4028.docx\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n825 The principle of "No More Favourable Treatment" was not officially considered by the authorities. Furthermore, the port State control programme of the State was not fully consistent with the relevant resolution adopted by the IMO. A proper qualifications and training programme for the PSCOs was not in place (III Code, paragraph 59; III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n826 There was a lack of awareness on the IMO resolution on PSC, outdated rules and regulations and a lack of training policy and programme.\nCorrective action\n827 The responsible entity of the maritime administration will implement the following actions:\n.1 under the project on reviewing maritime legislation, appropriate national legislation will be developed and implemented to establish legal basis for an effective PSC system, including the provision for "no more favourable treatment";\n.2 a programme and procedures for PSC activities will be developed in coordination between the responsible entities, in accordance with the IMO procedures and the regional MoU on PSC provisions, with defined roles and responsibilities; and\n.3 a training programme will be developed to ensure training of all existing PSCOs and newly recruited officers, based on WMU courses, IMO model courses and the provisions of the regional MoU on PSC.\nThis corrective action will be completed by 31 December 2021.\n', "FD\n828 The State had not implemented a system of periodic performance evaluation of its activities as port State for the purpose of verifying compliance with its obligations under the IMO international instruments to which it is a Party (III Code, paragraph 63).\nRoot cause\n829 There was a lack of awareness of the need to have a QMS in place, which would include performance evaluation for port State activities.\nCorrective action\n830 The responsible entity of the maritime administration will implement the following actions:\n.1 QMS procedure will be developed stipulating detailed methodology for periodical review and evaluation of performance in respect of administrative processes, procedures and resources necessary to meet the port State obligations and responsibilities under the mandatory IMO instruments. This\nCircular Letter No.4028\nAnnex, page 158\nI:\\C_L\\CL.4028.docx\nprocedure will be applied for all the State's entities involved in port State activities. Key performance indicators for relevant entities shall be identified on the basis of their output to enable measurement of performance and they will be reviewed annually during review meetings; and\n.2 the lead entity in the implementation of the QMS procedure for evaluation of performance across all the entities involved will be subject to external QMS audits by a certifying body.\nThis corrective action will be completed by 31 December 2020.\n", 'FD\n831 Although the maritime administration had resolutions, procedures and guidance on PSC activities for the consistent implementation and verification of its rights, obligations and responsibilities in accordance with the international instruments to which the State is Party, they were not updated according to resolution A 1052(27), which was relevant at the time of the audit (III Code, paragraph 55).\nRoot cause\n832 There was an absence of a dedicated unit to monitor the amendments to the mandatory IMO instruments.\nCorrective action\n833 With the development of the mechanism and procedure for monitoring of the amendments to the applicable IMO instruments, specific amendments related to PSC activities, existing and new, will be adopted and communicated to interested parties. In addition, the responsible entity of the maritime administration will update the procedures and guidelines regarding PSC activities according to the new amendments. This corrective action will be completed by 1 March 2020.\n', 'FD\n834 Although the State is Party to MARPOL Annexes II and V, its ports were found not to be equipped with the appropriate reception facilities or equivalent arrangements for the reception of noxious liquid substances and garbage from ships (MARPOL, Annex II, regulation 18.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 56.1).\nRoot cause\n835 There was an absence of national legislation, lack of awareness of the mandatory requirements and lack of financial resources.\nCorrective action\n836 An inter-institutional working group will be established with the participation of involved entities of the State to determine the responsibilities of these entities; to carry out an adequacy and cost analysis; and to establish the modalities for the State to comply with MARPOL requirements in terms of types of facilities to be implemented. Policies, procedures, instructions and environmental authorization will be developed and implemented for authorization of external contractors to collect ship generated waste from ships. In addition, a monitoring system will be put in place to ensure the final disposal of collected waste. The\nCircular Letter No.4028\nAnnex, page 159\nI:\\C_L\\CL.4028.docx\navailable IMO guidelines on port reception facilities will be taken into account. An entity of the maritime administration will be charged with the responsibility for analysing, drafting and initiating updates of existing national legislation necessary for the effective implementation and enforcement of MARPOL requirements on port reception facilities. This corrective action will be completed by 1 April 2021.\n', 'FD\n837 The maritime administration did not implement the IMDG Code, the IMSBC Code and related amendments. In addition, a consistent verification of compliance of ships carrying cargo under the provisions of the Grain Code could not be demonstrated (SOLAS 1974, regulation VII/3; Grain Code, paragraph 3.5; IMSBC Code, paragraph 1.3; IMDG Code, section 1.3.1; III Code, paragraph 57).\nRoot cause\n838 There was an absence of a dedicated unit responsible for tracking amendments to the mandatory IMO instruments and their domestication. In addition, a lack of human resources with legal and technical expertise contributed to this finding.\nCorrective action\n839 Following the development of the mechanism and procedures for monitoring of the amendments to the mandatory IMO instruments to which the State is Party by the responsible entity of the maritime administration, amendments to the IMDG, IMSBC and Grain Codes will be adopted and communicated to interested parties. The responsible entity of the maritime administration will carry out a gap analysis of national legislation in order to identify those instruments or their amendments that have to be adopted to ensure full and effective implementation and enforcement of related mandatory requirements. Administrative instructions, guidelines, procedures and training programmes for shore-based personnel involved in the handling, loading/unloading, stowage and transport of dangerous goods in the ports will be developed and implemented. This corrective action will be completed by 1 November 2021.\n', "FD\n840 Although the maritime administration had established a PSC programme to administer PSC activities; in practise, PSCOs did not have the complete safety and operative equipment needed to carry out their task (III Code, paragraph 60).\nRoot cause\n841 There was a lack of financial resources and material supply by local suppliers.\nCorrective action\n842 The responsible entity of the maritime administration will establish guidelines regarding the equipment that PSCOs need to possess to carry out their tasks according to the PSCO's Manual of the regional MoU on PSC to which the maritime administration is a Party. The responsible entity will secure sufficient funding and coordinate with the local suppliers in order to obtain the material and equipment in a timely manner. This corrective action will be completed by 1 March 2020.\nCircular Letter No.4028\nAnnex, page 160\nI:\\C_L\\CL.4028.docx\n", "FD\n843 The existing training programmes developed by the maritime administration for the PSCOs were not updated in accordance with the latest amendments to the mandatory IMO instruments, resolution or guidelines adopted by IMO (III Code, paragraph 61).\nRoot cause\n844 There were insufficient human and financial resources, which hampered the development of a documented training programme for PSCOs.\nCorrective action\n845 The responsible government entity will implement the following actions:\n.1 a specific directorate will be assigned the responsibility for the elaboration and development of a permanent training programme for PSCOs that will include: assessment and provision of financial resources needed, identification of the type of training and schedule for the updating of the PSCOs' knowledge and levelling plan for new inspectors. The mentioned training programme will be based on the IMO model courses or training programmes of recognized nautical institutions; and\n.2 coordination will be established with regional organizations in order to include PSCOs in regional trainings. The training programme will also include provisions for in-house training.\nThis corrective action will be completed by 1 February 2020.\n", 'FD\n846 The maritime administration had not implemented a system of periodic performance evaluation of its port State activities for the purpose of verifying compliance with its obligations under the mandatory IMO instruments to which it is Party (III Code, paragraph 63).\nRoot cause\n847 There was no management system in place to measure the performance of the State in conducting port State activities.\nCorrective action\n848 The assessment and review of performance under the new overall strategy will allow the maritime administration to coordinate all the State entities responsible for port State activities and to develop a mechanism containing clear lines of authority, assigned responsibilities, as well as defined objectives and key performance indicators for all involved entities to measure and evaluate their performance. The performance evaluation will be carried out annually and respective records will be generated to monitor the implementation of the defined improvement actions. This corrective action will be completed by 1 November 2021.\n', 'FD\n849 Although there was some evidence to confirm the compliance with the requirements of the IMDG Code, the latest amendments to the IMDG Code were found not to be implemented (e.g. Management System – role of the competent authority section 1.5.3) (SOLAS 1974, regulation VII/3; IMDG Code, section 1.5.3; III Code, paragraph 54).\nCircular Letter No.4028\nAnnex, page 161\nI:\\C_L\\CL.4028.docx\nRoot cause\n850 The IMDG Code was not legislated in the State. There were deficiencies in the supervision and management of the implementation of the IMDG Code.\nCorrective action\n851 A new procedure will be established by which responsibilities will be assigned to monitor amendments to the mandatory IMO instruments, including mandatory codes, and to publish corresponding national legislation in a timely manner. Specifically, the supervision and management in the implementation of IMDG Code will be reviewed and steps will be taken to rectify the shortcomings, such as designating a competent authority, establishing procedures for safe operation and for emergency response related to handling of dangerous goods, as well as providing periodical training to personnel associated with the handling of dangerous goods at all the terminals. This corrective action will be completed by 31 December 2019.\n', 'FD\n852 The maritime administration had not implemented national legislation nor guidelines to facilitate the implementation and enforcement of port State obligations and responsibilities under the applicable conventions and protocols to which the State is Party (III Code, paragraph 54.1).\nRoot cause\n853 The State did not have a general policy for implementing IMO conventions, and there was a lack of knowledge of port State obligations, including the III Code provisions.\nCorrective action\n854 The State will develop and implement policies which will assist in the implementation and enforcement of all port State obligations and responsibilities under the mandatory IMO instruments to which the State is Party. These policies will include the adoption of national legislation, guidelines and procedures, as well as the establishment of structures and recruitment of qualified personnel to ensure compliance with relevant obligations. This corrective action will be completed by 31 December 2019.\n', 'FD\n855 The State did not establish reception facilities in its ports as required by MARPOL Annexes II and IV. Furthermore, there was no evidence to confirm that two companies, which were authorized for the collection and treatment of oily residues and waste from ships, were conducting these activities in line with MARPOL Annexes I and V, including relevant guidelines (MARPOL, Annex I, regulation 38.1; MARPOL, Annex II, regulation 4.3.3; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 56.1).\nRoot cause\n856 The obligation to provide port reception facilities in accordance with the requirements of MARPOL was not clearly indicated in national legislation.\nCircular Letter No.4028\nAnnex, page 162\nI:\\C_L\\CL.4028.docx\nCorrective action\n857 The maritime administration will develop and implement national legislation incorporating the requirements of those Annexes of MARPOL to which the State is Party. The reception facilities required by MARPOL Annexes II and IV will be established in accordance with the relevant IMO guidelines and recommendations. In addition, instructions and guidelines will be issued to the companies responsible for providing relevant services in order to ensure their compliance with the requirements of MARPOL Annexes I and V. An inspection programme will be established to periodically monitor compliance of the approved companies with the requirements of MARPOL. This corrective action will be completed by 31 December 2020.\n', 'FD\n858 The maritime administration did not effectively implement the provisions of the IMDG Code, particularly in the following areas:\n.1 providing a special list recording the dangerous goods on board and indicating their location, to be provided to the appropriate person or organization before departure of the ship;\n.2 training programmes for shore-side personnel engaged in the transport of dangerous goods by sea; and\n.3 detailed instructions on emergency response and medical first aid required in the event of an incident involving dangerous goods\n(SOLAS 1974, regulation VII/2; SOLAS 1974, regulation VII/7-2.2; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragraph 57).\nRoot cause\n859 The IMDG Code was not transposed into national legislation and there was a lack of knowledge of the mandatory requirements by the authorities and port agencies. There was no procedure in place for management of dangerous goods in ports or for periodical training programme for those concerned.\nCorrective action\n860 The maritime administration will develop national legislation for the transport and handling of dangerous goods in ports, in accordance with the IMDG Code, and will regularly update relevant legislation to incorporate any amendments. Circulars and guidelines will be adopted and communicated to port authorities responsible for the handling of dangerous goods. A training programme for all personnel involved in the implementation of the IMDG Code, including personnel involved in the handling of dangerous goods in ports, will be established. In addition, a documented procedure will be adopted and disseminated to the concerned agencies, with detailed instructions on emergency response and emergency medical care required in the event of accidents or incidents involving dangerous goods. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 163\nI:\\C_L\\CL.4028.docx\n', "FD\n861 It was established that no mechanism had been established to evaluate and review the performance in carrying out port State obligations under the applicable IMO instruments (III Code, paragraph 63).\nRoot cause\n862 The maritime administration did not have a programme or procedure in place for evaluating its performance with respect to the port State obligations and did not have any resources available to define key performance indicators, as a basis to better track and measure performance against the set objectives.\nCorrective action\n863 The maritime administration will institutionalize a documented programme of periodic evaluation and review of the State's performance with respect to port State activities, including implementation of appropriate key performance indicators. In addition, training in the QMS will be provided to the personnel concerned. This corrective action will be completed by 31 December 2019.\n", "FD\n864 There was no evidence that the maritime administration carried out periodic evaluation and review of its performance in conducting port State activities under the applicable mandatory IMO instruments (III Code, paragraph 63).\nRoot cause\n865 The following factors contributed to this finding:\n.1 lack of sufficient competent personnel and lack of internal guidelines regarding staff qualifications for performing duties, such as PSC inspections, contributed to this finding;\n.2 overall evaluation of the State's performance as a port State, beyond the target of 15% of PSC inspections of individual ship port calls, was not seen as a priority; and\n.3 lack of marine pollution prevention legislation and lack of systematic supervision of fuel oil suppliers by the maritime administration contributed to this finding.\nCorrective action\n866 The responsible entity of the maritime administration will take the following interim actions:\n.1 a reporting mechanism will be established, which will include all relevant State entities, and define the performance indicators/targets as a basis for evaluation of performance in all relevant areas of port State activities;\n.2 information will be requested from major ports open for international traffic regarding the status of reception facilities in their jurisdiction, as a basis for reporting relevant information to IMO. A reporting procedure will be\nCircular Letter No.4028\nAnnex, page 164\nI:\\C_L\\CL.4028.docx\ndeveloped and implemented to assign responsibility for monitoring any alleged inadequacy reported through GISIS, as well as to ensure that complaints on alleged inadequacies of port reception facilities are reported addressed. Adequacy of waste reception facilities in ports will be assessed according to the IMO guidelines;\n.3 information will be requested regarding local suppliers of fuel oil from all relevant entities. A register of local suppliers of fuel oil will be kept and guidance concerning supervision of local suppliers of fuel oil and procedures for retention of bunker delivery notes by the fuel oil suppliers will be developed and circulated;\n867 In order to ensure continued compliance, the following long-term actions will be implemented:\n.1 the responsible entity will establish a system for periodical evaluation and review of its performance in the conduct of PSC inspections, wherefrom recommendations will be developed for corrective actions, as appropriate, to be undertaken annually, taking into account relevant IMO Procedures;\n.2 Shipping (Marine Pollution) Act will be developed and implemented, which will, inter alia, give effect to Regulations related to provision, location, capacities and notices of inadequacy of reception facilities, as well as to oversight on fuel oil suppliers, as a basis for establishing the mechanism for periodical evaluation and review;\n.3 guidance will be developed and implemented regarding the implementation of the periodical evaluation of performance of the State in the conduct of port State activities; and\n.4 the need for additional personnel with appropriate maritime expertise will be considered and additional staff recruited, as necessary.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n868 There was no evidence that the responsible government entity had established a PSC programme consistent with IMO procedures on PSC, including adequate procedures, resources and processes (III Code, paragragh 60; III Code, paragraph 61).\nRoot cause\n869 There was no documented procedure in place for carrying out PSC inspections, which was largely due to a lack of sufficient technical personnel.\nCorrective action\n870 The responsible entity will:\n.1 develop and implement a national programme for PSC, including relevant training to be administered, consistent with resolution A.1119(30). The programme will include the development of a targeting matrix for the inspection of ships, based on information on ships’ calls in the ports of the State; and\nCircular Letter No.4028\nAnnex, page 165\nI:\\C_L\\CL.4028.docx\n.2 take action to ensure provision of adequate personnel and for enhancing administrative capacity in order to facilitate the effective implementation of PSC in the State.\nThis corrective action will be completed by 31 January 2019.\n', 'FD\n871 The maritime administration had not implemented provisions of the IMDG Code, particularly those related to:\n.1 training programme for shore-based personnel engaged in handling of dangerous goods;\n.2 management system covering activities related to handling of dangerous goods;\n.3 the determination of a competent authority related to regulating and monitoring IMDG matters; and\n.4 detailed instructions on emergency response and emergency medical care required in an incident involving dangerous goods\n(IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragragh 54; III Code, paragraph 55).\nRoot cause\n872 There was a lack of appropriate legislation to address the amendments to SOLAS 1974, which includes the amendments related to codes made mandatory under the Convention. The prevailing view of the maritime administration was that the Shipping Act of 1987 provided for the incorporation of any subsequent amendments to SOLAS 1974 in an adequate fashion.\nCorrective action\n873 The responsible entities of the State will implement the following actions:\n.1 amend the Shipping Act of 1987 to incorporate those requirements necessary to ensure compliance with international instruments to which the State is Party, including mandatory codes. Legislation will address the establishment and assignment of roles and responsibilities of the Competent Authority for regulating and monitoring IMDG matters;\n.2 pursue a course of creating policies to ensure the implementation and enforcement of the requirements of various international instruments, including mandatory codes. Guidance, training programmes and procedures shall also be developed as required; and\n.3 establish a QMS and a training programme for shore-based personnel to ensure compliance with the IMDG Code.\nThis corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 166\nI:\\C_L\\CL.4028.docx\n', 'FD\n874 The State did not regulate the provision of port reception facilities in accordance with the requirements of MARPOL and the existing companies providing partial services were not systematically authorized and monitored. There was no evidence of evaluation of the adequacy of port reception facilities established for collection of waste from ships as required under Annexes I, II, IV, V, and VI (MARPOL, Annex I, regulations 38.1; MARPOL, Annex I, regulation 38.2; MARPOL, Annex II, regulation 18.2; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; MARPOL, Annex VI, regulation 17.3; III Code, paragragh 54; III Code, paragraph 55; III Code, paragraph 56.1).\nRoot cause\n875 The State lacked dedicated resources to promulgate the provisions of MARPOL and to regulate the provision of port reception facilities accordingly. In addition, instructions and procedures were not clearly identified on a national level by the maritime administration, and there was a lack of a comprehensive assessment of adequacy of PRFs for solid and liquid wastes at ports and terminals of the State open for international traffic.\nCorrective action\n876 The State will promulgate marine pollution prevention legislation. The need for additional resources with maritime expertise will be considered and additional staff recruited, as necessary, to enable the State to promulgate all required legislation. In addition, the responsible entities will implement the following actions:\n.1 a work programme for inter-agency working groups will be established;\n.2 coordination agreements among the agencies involved will be signed;\n.3 policies, regulations and guidelines will be developed and implemented, together with provision of necessary resources;\n.4 harmonized management procedures will be drafted for systemic authorisation and monitoring of PRFs; and\n.5 nation-wide integration of policies, regulations, guidelines and procedures will be undertaken.\n877 In addition, the maritime administration will assess the adequacy of waste reception facilities in the ports according to the IMO guidelines.\nThis corrective action will be completed by 31 December 2021.\n', "FD\n878 The State did not regulate fuel oil suppliers and did not establish a monitoring programme which includes keeping a register of fuel oil suppliers and regulating the retention of bunker delivery notes by fuel oil suppliers (MARPOL, Annex VI, regulation 18.9; III Code, paragragh 55; III Code, paragraph 56.3).\nRoot cause\n879 There was a lack of marine pollution prevention legislation and lack of systematic supervision of fuel oil suppliers by the maritime administration.\nCircular Letter No.4028\nAnnex, page 167\nI:\\C_L\\CL.4028.docx\nCorrective action\n880 The responsible government entity will implement the following actions:\n.1 submission of information regarding local suppliers of fuel oil will be requested from all relevant entities and a register of local suppliers of fuel oil will be established by the nodal responsible entity of the maritime administration; and\n.2 as a long-term solution, the responsible Ministry will revise the existing bunkering licences to ensure that they are robust enough for today's bunkering industry. In addition, guidance concerning supervision of local suppliers of fuel oil and procedures for retention of bunker delivery notes by the fuel oil suppliers will be developed and circulated. Enactment of the Shipping (Marine Pollution) Act will, inter alia, give effect to Regulations on fuel oil suppliers, including monitoring of compliance.\nThis corrective action will be completed by 31 December 2020.\n", 'FD\n881 There was no evidence of periodical evaluation of the performance in respect of port State control (III Code, paragraph 63).\nRoot cause\n882 Although the nodal entity in the maritime administration had the statutory power to undertake PSC, a process to administer PSC activities, including periodical evaluation of performance as a port State, was not established.\nCorrective action\n883 The principal act makes specific reference to the application of PSC and empowers the nodal entity in the maritime administration to take any required action to provide effective PSC in the State. Pursuant to its statutory functions, the maritime administration will undertake the following actions:\n.1 establish processes to guide PSCOs, relevant entities of the maritime administration and ship agents in ensuring effective implementation of PSC in the State;\n.2 provide training programmes for PSCOs, with support of its partners;\n.3 establish a system to evaluate its PSCOs;\n.4 designate necessary authority to PSCOs to enable them to effectively and lawfully apply all relevant requirements; and\n.5 establish a system for periodical review of performance of the maritime administration in conducting PSC activities, based on defined key performance indicators (KPIs), as a basis for improvement.\nThis corrective action will be completed by 31 December 2019.\nCircular Letter No.4028\nAnnex, page 168\nI:\\C_L\\CL.4028.docx\n', 'FD\n884 The State had not implemented policies through issuing national legislation and guidance, which would assist in the implementation and enforcement of the port State control programme. In addition, the State has not taken measures or established processes to impose the conditions of the applicable IMO instruments on ships of Parties, as well as non-Parties (MARPOL, article 5(4); III Code, paragragh 54.1; III Code, paragraph 59).\nRoot cause\n885 The nodal agency of the maritime administration was recently established. At the time of its establishment, the agency inherited little or no resources, processes or documents to support effective administration of a PSC programme.\nCorrective action\n886 Under the new legislation, the newly established nodal agency of maritime administration has the clear mandate to implement and enforce all aspects of port State control. In order to ensure compliance in the future and pursuant to its statutory functions, the following actions will be undertaken:\n.1 establish processes to guide PSCOs, relevant entities of the maritime administration and ship agents in ensuring effective implementation of PSC in the State;\n.2 provide training programmes for PSCOs, with support of its partners;\n.3 establish a system to evaluate its PSCOs; and\n.4 designate necessary authority to PSCOs to enable them to effectively and lawfully apply all relevant requirements.\nThis corrective action will be completed by 30 June 2019.\n', 'FD\n887 The State had not ensured that national legislation, guidance or procedures are established for the handling of dangerous goods in its ports (SOLAS 1974, regulation VII/3; IMDG Code, section 1.3.1; III Code, paragraph 55).\nRoot cause\n888 Due to the absence of a regulatory monitoring process and the lack of communication between competent authorities of the State, there were delays in transposing the provisions of IMO instruments including IMDG Code into national legislation. Furthermore, the responsibilities and functions for implementing the obligations related to handling of dangerous goods in the State were not assigned to any entity.\nCorrective action\n889 The responsible entity will ensure that appropriate law reform is pursued in the context of regulating dangerous goods and that the IMDG Code is fully implemented in the State. The power of the regulator to make approved standards, operating procedures and codes of conduct will be applied in this context and the managers of ports in the State will be required\nCircular Letter No.4028\nAnnex, page 169\nI:\\C_L\\CL.4028.docx\nto ensure that appropriate steps are taken to regulate the movement and storage of dangerous goods, as well as to develop and implement periodical training for shore-based personnel involved in the handling of dangerous goods. This corrective action will be completed by 30 June 2019.\n', 'FD\n890 There was no evidence of adequate legislation, guidance or procedures in place to ensure that the maritime administration implemented the requirements of IMSBC Code and IMDG Code. In particular, there was no evidence that maritime administration:\n.1 designated competent authority for matters related to handling of dangerous goods;\n.2 ensured that periodical training of shore-based personnel was conducted;\n.3 implemented detailed instructions on emergency response and emergency medical care required in an event involving dangerous goods; and\n.4 ensured the implementation of loading and unloading requirements in accordance with SOLAS Chapter VI and in compliance with the relevant provisions of the IMSBC Code\n(SOLAS 1974, regulation VI/7.3; IMSBC Code, paragraph 4.3.3; IMDG Code, section 1.3.1; III Code, paragragh 54; III Code, paragraph 55).\nRoot cause\n891 There was a lack of legal basis, absence of a maritime policy and procedures and insufficient personnel. In addition, lack of awareness, weak coordination among the agencies of the maritime administration, and a lack of defined roles and monitoring activities contributed to this finding.\nCorrective action\n892 The responsible entities of the maritime administration will take the following actions:\n.1 incorporate IMSBC and IMDG codes into national legislation. Until legislation is in place, an administrative arrangement will be established to designate a competent authority for matters relating to dangerous goods and the solid bulk cargo and to encourage information sharing and coordination between the entities;\n.2 establish procedures in accordance with relevant IMO guidance to implement and monitor the implementation of the IMDG and IMSBC Code by the competent authority;\n.3 develop and conduct training of key personnel and periodical training of shore-based personnel involved in handling of dangerous goods;\n.4 develop, promulgate and implement detailed instructions on emergency response and medical care, required in an event involving dangerous goods; and\nCircular Letter No.4028\nAnnex, page 170\nI:\\C_L\\CL.4028.docx\n.5 monitoring of all the actions by the responsible entity will be put in place in order to ensure continual compliance.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n893 There was no evidence that the State regulated the provision of port reception facilities in accordance with the applicable provisions of MARPOL under annexes I, II, IV, V and VI and the existing companies providing partial services were not systematically authorized and monitored (MARPOL, Annex I, regulation 38.1; MARPOL, Annex II, regulation 18.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; MARPOL, Annex VI, regulation 17.1; III Code, paragragh 54; III Code, paragraph 56.1).\nRoot cause\n894 There was a lack of national legislation and personnel with technical expertise. Weak coordination among the agencies of the maritime administration, lack of defined roles, communication and monitoring of activities contributed to this finding. In addition, the absence of a maritime structure hindered the administration from meeting its obligations under the mandatory IMO instruments.\nCorrective action\n895 The responsible entities of the maritime administration will take the following actions:\n.1 the legal basis for establishing and monitoring operation and adequacy of port reception facilities under MARPOL Annexes I, II, IV and V will be incorporated into national legislation, including related responsibilities. In the interim, administrative arrangements will be established to encourage information sharing and coordination between the entities as well as for guiding the provision of reception facilities and their monitoring in accordance with the IMO guidance on port reception facilities;\n.2 resource requirements and specific expertise will be assessed, and new personnel will be recruited and trained, as appropriate; and\n.3 reception facilities in compliance with the requirements of MARPOL Annexes I, II, IV and V will be established.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n896 The maritime administration exercised its right to conduct PSC inspections, but there was no evidence of an established PSC programme consistent with IMO Procedures on PSC, including adequate resources and processes (III Code, paragraph 60).\nRoot cause\n897 The State did not define and implement policies on PSC through issuing national legislation, guidance, qualification requirements and provision of adequate resources. In addition, the maritime administration did not put in place a documented policy to assist in the systematic training of PSCOs.\nCircular Letter No.4028\nAnnex, page 171\nI:\\C_L\\CL.4028.docx\nCorrective action\n898 The Ministry will formalize a PSC programme consistent with requirements of the relevant IMO instruments, including the development and implementation of national legislation, guidelines and procedures for the administration of the programme. Documented qualification and recruitment criteria for PSCOs, as well as a training programme, will be developed and implemented. This corrective action will be completed by 31 December 2021.\n', 'FD\n899 There was no evidence that the maritime administration carried out periodic evaluation and review of its performance in conducting port State activities under the applicable mandatory IMO instruments (III Code, paragraph 63).\nRoot cause\n900 There was absence of a maritime policy, structure and a culture within the maritime administration to periodically evaluate and review performance in relation to port State activities. There was also a lack of documented procedures and insufficient qualified personnel for this function.\nCorrective action\n901 The relevant entities participating in the conduct of port State activities stemming from the requirements of relevant IMO instruments will establish a documented system to periodically review and evaluate the implementation and enforcement of their requirements in the area of port State activities, based on performance indicators tailored to meet the obligations of the State under the applicable IMO instruments. The process will be managed and monitored for continuous improvement by the national maritime inter-agency committee. This corrective action will be completed by 30 September 2021.\n', 'FD\n902 The State did not regulate and implement mandatory provisions related to fuel oil suppliers, which include establishment of a register of fuel oil suppliers, regulating the provision of fuel and retention of bunker delivery notes by fuel oil suppliers and verification of fuel oil quality (MARPOL, Annex VI, regulation 18.9; III Code, paragraph 54; III Code, paragraph 56.3).\nRoot cause\n903 MARPOL Annex VI had not been transposed into national law and there was insufficient knowledge of the provisions of the Annex. The lack of expertise for operationalisation and lack of administrative structure hindered the maritime administration in fulfilling its obligations in respect of the requirements of MARPOL Annex VI.\nCorrective action\n904 MARPOL Annex VI will be incorporated into national law and responsibility will be assigned to relevant entities of the State for regulation and monitoring of fuel oil suppliers and the verification of fuel oil quality in accordance with the provisions of the relevant IMO instruments, including establishing the register of fuel oil suppliers. Available resources and competencies will be reviewed, and additional staff recruited and trained accordingly. This corrective action will be completed by 31 December 2021.\nCircular Letter No.4028\nAnnex, page 172\nI:\\C_L\\CL.4028.docx\n', 'FD\n905 The obligations of the State under the International Grain Code and IMDG Code were not fully implemented, particularly those related to management system covering activities related to handling of dangerous goods and designating a competent authority related to IMDG matters (SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/3; IMDG Code, section 1.3.1; IMDG Code, section 1.5.3; III Code, paragraph 57).\nRoot cause\n906 The following factors contributed to this finding:\n.1 national legislation, regulations and executive orders were not up-to-date to give effect to the amendments to the relevant IMO instruments, including the IMDG Code; and\n.2 there were lack of resources and legal expertise in the maritime administration to transpose the amendments to the relevant IMO instruments into national law and to communicate the applicable regulations and their amendments to the entities concerned, such as port authorities.\nCorrective action\n907 The following actions will be implemented:\n.1 the responsible entity of the maritime administration will work together with all relevant agencies to keep the national legislation up to date by incorporating the amendments to IMO instruments, including the IMDG Code, in a timely manner;\n.2 the responsible entity of the maritime administration will explore the possibility of establishing an in-house legal section to speed up the legislating process. In addition, a system will be established to communicate and exchange regulatory information with other entities responsible for the implementation and enforcement of the relevant IMO Instruments, such as port authorities; and\n.3 the responsible entity of the maritime administration will ensure the implementation of requirements stemming from the IMDG Code, including designating a competent authority, establishing a periodical training programme for personnel engaged in handling of dangerous goods, and issuing detailed instructions on emergency response and medical first aid.\nThis corrective action will be completed by 30 June 2021.\n', 'FD\n908 The State did not periodically evaluate its performance in respect of meeting its obligations under the applicable instruments of the Organization as a port State (III Code, paragraph 63).\nCircular Letter No.4028\nAnnex, page 173\nI:\\C_L\\CL.4028.docx\nRoot cause\n909 The performance in the conduct of port State activities was not evaluated periodically due to lack of human and capital resources. A system for data collection from all concerned agencies was not established due to a lack of awareness about the mandatory requirements for evaluation of performance in the conduct of port State activities.\nCorrective action\n910 The following actions will be implemented by the responsible entity:\n.1 sufficient personnel with maritime expertise will be recruited to perform PSC activities, including evaluation and review of performance;\n.2 a system will be developed to collect relevant data from all involved entities and to analyse them periodically to evaluate the performance in the conduct of port State activities; and\n.3 the possibility of the maritime administration becoming a member of the regional MoU on PSC will be explored to further enhance the capabilities in the conduct of PSC activities.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n911 The State had not adopted policies for the implementation of all provisions that are applicable to a port State from relevant IMO instruments (III Code, paragraph 54.1).\nRoot cause\n912 There was a lack of coordination with other stakeholders, such as ports authorities, on the implementation and enforcement of mandatory requirements.\nCorrective action\n913 The responsible agency of the maritime administration will establish and implement policies, by issuing national legislation and guidance, for the implementation and enforcement of its obligations as a port State, in particular for safe carriage of grain, dangerous goods and solid bulk cargoes, in compliance with the Grain Code, IMDG Code, and IMSBC Code. The responsible agency will inform all relevant entities and stakeholders of their respective responsibilities and obligations, and adequate measures will be taken to ensure coordinated action by all the entities involved. This corrective action will be completed by 31 December 2020.\n', 'FD\n914 The maritime administration had not established appropriate guidance and procedures for implementation of provisions of the IMDG Code, particularly those related to:\n.1 training programme for shore-based personnel engaged in handling of dangerous goods;\nCircular Letter No.4028\nAnnex, page 174\nI:\\C_L\\CL.4028.docx\n.2 the determination of a competent authority related to regulating and monitoring IMDG matters; and\n.3 detailed instructions on emergency response and emergency medical care required in an incident involving dangerous goods.\n(SOLAS 1974, regulation VII/2.4; III Code, paragraph 55).\nRoot cause\n915 This finding was due to a lack of culture to periodically evaluate or review the performance in the conduct of port State activities, as well as the lack of communication with entities responsible for implementation of various port State obligations, such as port authorities.\nCorrective action\n916 The following steps will be undertaken by the maritime administration:\n.1 a comprehensive policy will be developed and implemented on periodic evaluation of performance of the entities responsible for the implementation and enforcement of port State functions;\n.2 competent authority for the purpose of IMDG Code will be designated and the responsibilities for carrying out all the tasks, including the issuance of national legislation and guidance, will be identified and assigned to appropriate entities;\n.3 the port authority will be assigned with the responsibility for ensuring compliance with the IMDG Code at all the ports of the State where dangerous goods are handled, through developing and implementing necessary guidance and procedures, and organizing periodical training for shore-based personnel involved in handling of dangerous goods; and\n.4 these arrangements will be periodically reviewed to ensure that all areas of port State obligations are assigned to and effectively performed by appropriate entities within the Government.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n917 The maritime administration did not periodically evaluate its performance in respect of meeting its port State obligations under the relevant IMO instruments (III Code, paragraph 63).\nRoot cause\n918 This finding was due to a lack of culture to periodically evaluate or review the performance of the maritime administration.\nCircular Letter No.4028\nAnnex, page 175\nI:\\C_L\\CL.4028.docx\nCorrective action\n919 The maritime administration will institutionalize a mechanism for periodical evaluation and review of the performance of various entities involved in the conduct of as a port State by setting performance indicators on an annual basis. The outcome of the evaluation will serve as a basis for improvement of administrative processes, procedures and resources necessary to meet the obligations of the State under the mandatory IMO instruments. This corrective action will be completed by 31 December 2020.\n', 'FD\n920 The Administration exercised its right to carry out port State control PSC, but the processes to administer the programme were not consistent with the IMO procedures on PSC and it could not be established that periodical evaluation of performance in respect of PSC activities was conducted (III Code, paragraph 57; III Code, paragraph 60; III Code, paragraph 61; III Code, paragraph 63).\nRoot cause\n921 There was insufficient number of qualified PSCOs and the responsible entity of the maritime administration was resource constrained to train new staff to the level required to become a qualified PSCO.\nCorrective action\n922 The responsible entity of the maritime administration will ensure that its regulations and practices on PSC reflect current amendments of the IMO procedures on PSC. This will be done as and when necessary in collaboration with the regional PSC regime. The training budget will be increased to cater for the training of more staff with the requisite background in the technical department, in order to boost its pool of PSCOs, and a system will be adopted in which PSCOs will be granted varying degree of authority. A system for periodical review of performance in conducting PSC inspections, based on defined key performance indicators, will be developed and implemented as a basis for improvement. This corrective action will be completed by 30 December 2022.\n', "FD\n923 There was no evidence of adequate regulations, procedures and guidance in place to ensure that the IMDG Code and emergency procedures, including emergency response (EMS) and medical first aid (MFAG), were implemented in port operations, and that periodical training of shore-based personnel involved in handling of dangerous goods was organized (SOLAS 1974, regulation VII/2.4; IMDG Code, section 1.3.1; III Code, paragraph 54; III Code, paragraph 55; III Code, paragraph 63).\nRoot cause\n924 Capacity gaps due to inadequate funding or budgetary allocation, caused that legislation, procedures and guidelines for effective implementation and enforcement of requirements stemming from the IMDG Code, were inadequately adopted and implemented.\nCircular Letter No.4028\nAnnex, page 176\nI:\\C_L\\CL.4028.docx\nCorrective action\n925 The maritime administration will undertake the following actions:\n.1 the nodal responsible entity will review existing national legislation in order to identify the need for any updates in order to incorporate the responsibility for establishing processes for handling of dangerous goods in ports, in compliance with the provisions of the IMDG Code. In addition, will ensure that necessary administrative instructions, guidelines and procedures related to the loading/unloading, stowage and transport of dangerous goods in the ports are developed and implemented;\n.2 the State's port authorities will develop and implement a training programme to ensure that all personnel involved in the handling of dangerous goods are given required periodical training. Furthermore, plans for regular training and re-training for all personnel who come in contact with dangerous goods will be made to avoid safety threats with regards to dangerous goods; and\n.3 the nodal responsible entity and the State's port authorities will develop and implement a system for periodical review of performance in the activities related to handling of dangerous goods, based on defined key performance indicators, as a basis for improvement.\nThis corrective action will be completed by 30 December 2020.\n", 'FD\n926 The maritime administration had not established or determined the adequacy of port reception facilities as required under MARPOL 73/78, Annexes I, IV and V (MARPOL, Annex I, regulation 38.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 54; III Code, paragraph 55; III Code, paragraph 56.1; III Code, paragraph 63).\nRoot cause\n927 Challenges with availability of space within the port facility and lack of treatment facility for ship generated waste due to funding constraints, contributed to this finding.\nCorrective action\n928 The State will encourage private sector investment for establishment of port reception facilities (PRFs) and adequate PRFs to receive ship waste regulated under MARPOL 73/78, Annexes I, II, IV and V will be established. In the interim, policies and procedures, including relevant criteria, will be developed and implemented for authorization of external contractors to collect ship generated waste from ships. A monitoring system will be put in place to ensure compliance of the services provided, as well as final disposal of collected waste. The available IMO guidelines on port reception facilities will be taken into account (resolution MEPC.83(44)) in assessing the adequacy of port reception facilities. This corrective action will be completed by 31 January 2020.\n', 'FD\n929 The maritime administration had not implemented the IMDG Code, the IMSBC Code and related amendments. In addition, a consistent verification of compliance of ships carrying cargo under the provisions of the Grain Code could not be demonstrated (SOLAS 1974, regulation VII/3; IMDG Code, section 1.3.1; IMSBC Code, paragraph 1.3; Grain Code, paragraph 3.5; III Code, paragraph 57).\nCircular Letter No.4028\nAnnex, page 177\nI:\\C_L\\CL.4028.docx\nRoot cause\n930 There was a lack of resources, both financial and human, required for the transposition of amendments to the Grain, IMDG and IMSBC codes into national legislation, as well as a lack of coordination among involved entities.\nCorrective action\n931 Using a new system for tracking amendments, the responsible entities of the maritime administration will develop national legislation, additional regulations and procedures covering the International Grain Code, the IMDG and IMSBC codes, and ensure consistent implementation and enforcement of the requirements of the aforementioned mandatory IMO instruments and their amendments, including necessary coordination among the responsible entities. Rules for handling of dangerous goods in ports will be established under the International Grain Code, the IMDG Code and the IMSBC Code. The competent authority for handling of dangerous goods will be determined and responsibility within the ports will be assigned to deal with all relevant requirements. Periodic training of all personnel involved in the implementation of the referred codes will be developed and implemented. This corrective action will be completed by 30 March 2021.\n', 'FD\n932 The maritime administration had not implemented a system of periodic performance evaluation of its port State activities for the purpose of verifying compliance with its obligations under the mandatory IMO instruments to which it is Party (III Code, paragraph 63).\nRoot cause\n933 There was a lack of technical capacity for implementing a system of periodic performance evaluation in the conduct of port State activities.\nCorrective action\n934 The State will develop an overall maritime strategy, which will include procedures for periodic reviews and evaluation of performance in the conduct of port State activities. These will be based on clear objectives and KPIs defined for all involved entities to evaluate the effectiveness of the implementation and enforcement of the applicable IMO instruments, taking into account recommendations, in order to identify and implement actions for continual improvement. Results of the periodic review will be reported to the responsible ministries, on an annual basis, in order to evaluate the performance in the area of port State activities. Focal points will be designated by all involved entities to follow up and coordinate their activities, including evaluation of performance. This corrective action will be completed by 30 March 2020.\n', 'FD\n935 The maritime administration did not have the legal basis to carry out port State on foreign ships calling at the port of the State, as well as the necessary legislation, guidance and procedures for the consistent implementation and verification of its rights, obligations and responsibilities contained in the relevant mandatory IMO instruments to which the State is Party (III Code, paragraph 54.1; III Code, paragraph 55).\nCircular Letter No.4028\nAnnex, page 178\nI:\\C_L\\CL.4028.docx\nRoot cause\n936 There was a lack of technical capacity and resources to fully implement PSC activities.\nCorrective action\n937 In collaboration with the regional MoU on PSC, the maritime administration will incorporate into national legislation a legal basis for its PSC activities, including authority for PSCOs to carry out PSC inspections. In addition, an assessment will be carried out in order to identify the need and to adopt and promulgate additional legislation, guidance and procedures for the consistent implementation of a PSC programme, taking into account the IMO and the regional MoU on PSC procedures. This corrective action will be completed by 28 February 2020.\n', 'FD\n938 The existing documented training programme developed by the maritime administration for the PSCOs were not updated in accordance with the latest amendments to the mandatory IMO instruments, resolution or guidelines adopted by IMO (III Code, paragraph 60).\nRoot cause\n939 There was a lack of technical capacity to fulfil the requirements from the III Code and the PSC procedures (resolution A.1119(30)) concerning the qualification and training of PSCOs.\nCorrective action\n940 The responsible entity of the maritime administration will implement the following actions:\n.1 a new SOP for the implementation of a documented training programme, will include PSC specific training for PSCOs, which will be revised and updated on an annual basis, in accordance with the guidelines and procedures of IMO and the regional PSC regime. The chief PSCO will be responsible for ensuring that PSCOs are properly trained and kept up to date on the latest PSC developments and for administering PSC training programme;\n.2 develop and implement programme to ensure continuous professional development for all levels of personnel involved in PSC inspections; and\n.3 make arrangements for personnel to participate in regional, international and in-house trainings and seminars, organized by IMO and the regional MoU on PSC.\nThis corrective action will be completed by 30 December 2020.\n', "FD\n941 The maritime administration had not implemented the IMDG and IMSBC Codes, including related amendments. The procedure for handling dangerous goods in ports was found not to be adequately regulated, and detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form were not issued by the competent authorities (SOLAS 1974, regulation VII/3; SOLAS 1974, regulation VII/7-5; IMDG Code, section 1.3.1; III Code, paragraph 57).\nCircular Letter No.4028\nAnnex, page 179\nI:\\C_L\\CL.4028.docx\nRoot cause\n942 There were delays in completing the legislative process for incorporating amendments to the mandatory IMO instruments into national legislation because of a lack of coordination among different responsible entities of the maritime administration.\nCorrective action\n943 The responsible entities of the maritime administration will implement the following actions:\n.1 regulations, guidelines and procedures for administering requirements stemming from the IMDG Code and the IMSBC Code will be developed and will include necessary coordination among responsible entities. In addition, a documented training programme for all personnel involved in handling and management of dangerous goods will be established; and\n.2 responsibility within the maritime administration will be assigned for monitoring and overseeing the port terminals' procedures relating to dangerous goods, including their implementation.\nThis corrective action will be completed by 31 August 2020.\n", "FD\n944 Although the maritime administration had established processes to administer a PSC programme, it was observed that, in order to accomplish the annual target of inspected ships required by the Government to meet the performance contract set for the maritime authority, the quality of such inspections was not appropriate based on the large number of ships inspected as compared to those detained and the submitted reports. Furthermore, the mentioned PSC programme was not consistent with resolution A.1119 (30) (III Code, paragraph 57; III Code, paragraph 60).\nRoot cause\n945 There was a lack of human resources to deal with PSC issues.\nCorrective action\n946 The responsible entity of the maritime administration will implement the following actions:\n.1 policies on PSC will be revised and procedures, guidelines and manuals for executing PSC activities will be reviewed and aligned with latest IMO resolutions and the regional MoU on PSC's provisions, as well as effectively implemented; and\n.2 a training programme for PSCOs will be developed, based on relevant IMO instruments and the regional MoU on PSC's standards, and the responsible entity will carry out an assessment on redistribution of personnel in order to ensure adequate resources for administering the PSC programme.\nThis corrective action will be completed by 31 January 2020.\nCircular Letter No.4028\nAnnex, page 180\nI:\\C_L\\CL.4028.docx\n", 'FD\n947 Although the State is Party to MARPOL Annex VI, its ports were found not to be equipped with the appropriate reception facilities or equivalent arrangement and regulatory structure was not fully established (MARPOL, Annex VI, regulation 17.1; III Code, paragraph 56.1).\nRoot cause\n948 There was a lack of capacity and equipment to fulfil the requirements of MARPOL Annex VI regarding reception facilities.\nCorrective action\n949 The responsible entities of the maritime administration will implement the following actions:\n.1 legal framework to implement MARPOL Annex VI, as well as procedures and guidelines required for the implementation and enforcement of the requirements stemming from MARPOL Annex VI will be developed and implemented. Furthermore, adequate personnel will be assigned to implement the requirements of MARPOL Annex VI; and\n.2 budgetary prioritization on required provision of adequate reception facilities and equipment will be coordinated with the Government and facilities will be established accordingly.\nThis corrective action will be completed by 31 December 2020.\n', 'FD\n950 The maritime administration had not implemented a system for periodic performance evaluation in the conduct of port State activities, for the purpose of verifying compliance with the obligations of the State under the mandatory IMO instruments to which it is Party (III Code, paragraph 63).\nRoot cause\n951 There was a lack of a systematically controlled framework for monitoring and evaluation of performance in respect of port State obligations under the mandatory IMO instruments.\nCorrective action\n952 The responsible entities of the maritime administration will revise the IMO instruments implementation strategy 2018-2023 to include procedures for periodic evaluation of performance in the area of port State activities, based on clear objectives and KPIs. The result of the periodic review will be reported yearly to the respective ministries in order to evaluate the performance in the area of port State activities regarding compliance with the mandatory IMO instruments to which the State is Party. In parallel, revision of the management systems of relevant entities will be carried out in order to update related procedures. This corrective action will be completed by 31 December 2020.\nCircular Letter No.4028\nAnnex, page 181\nI:\\C_L\\CL.4028.docx\n', "FD\n953 The State did not have appropriate reception facilities or the capability to accept all waste streams regulated under relevant provisions of MARPOL 73/78 in its ports (MARPOL, Annex I, regulation 38.1; III Code, paragraph 56.1).\nRoot cause\n954 The obligation to provide port reception facilities in conformity with the requirements of MARPOL was not transposed into national legislation, and responsibility to provide such facilities was not legally assigned to any port or port facility.\nCorrective action\n955 The following actions will be undertaken to address the issue:\n.1 the nodal entity of the maritime administration, in consultation with relevant government bodies, will establish a system to transpose the mandatory IMO instruments and their amendments into national legislation in a timely manner, and to review and update the legislation periodically;\n.2 the ‘Legal Advisory Unit’ will monitor the review and updates of national legislation and inform the port authority on the obligations of the State with regards to port reception facilities;\n.3 through legislation, it will be made obligatory for ports to provide appropriate reception facilities and to forward periodical reports to IMO; and\n.4 availability of reception facilities in ports will be included as part of the annual review and evaluation of the State's performance in the conduct of port State activities.\nThis corrective action will be completed by 31 December 2021.\n", 'FD\n956 The State did not ensure that ships flying the flag of non-Parties to relevant IMO instruments are treated no more favourably than those that are flying the flag of Parties to those instruments (SOLAS 1974, regulation I/19; III Code, paragraph 59).\nRoot cause\n957 The principal national legislation was outdated, as there was no practice of periodic reviews of legislation, including review of port State obligations. Furthermore, periodic reviews and updates of legislation were not practiced since the process required for amending an existing act was very lengthy.\nCorrective action\n958 The following actions will be undertaken by the State:\n.1 the principal national legislation will be reviewed and updated, and a revised act will be promulgated, which will include a provision to treat non-Parties to the mandatory IMO instruments no more favourably than those that are Parties; and\nCircular Letter No.4028\nAnnex, page 182\nI:\\C_L\\CL.4028.docx\n.2 a simplified procedure for incorporating amendments entering into force under the tacit amendments procedure into national law will be adopted in consultation with the Attorney General Office, in which periodic reviews of existing laws will be included.\nThis corrective action will be completed by 31 December 2021.\n', 'FD\n959 There was evidence that the maritime administration did not implement some provisions of the IMDG and IMSBC codes, particularly related to:\n.1 detailed instructions on emergency response and emergency medical care required in an event involving dangerous goods; and\n.2 the carriage of dangerous goods in solid form in bulk in compliance with the relevant provisions of the IMSBC Code\n(SOLAS 1974, regulation VII/2.4; SOLAS 1974, regulation VII/3; SOLAS 1974, regulation VII/7-5; IMDG Code, section 1.5.2; III Code, paragraph 54; III Code, paragraph 55).\nRoot cause\n960 There was a lack of national legislation, policies and procedures as a basis for the implementation and enforcement of the provisions of the IMDG and IMSBC codes, and lack of a mechanism for keeping port regulations updated. In addition, no training programmes were available for personnel dealing with dangerous goods.\nCorrective action\n961 The maritime administration will implement the following actions:\n.1 national legislation, policies and procedures will be developed and implemented for consistent implementation and enforcement of the requirements of the IMDG and IMSBC Codes;\n.2 mandatory information will be communicated to IMO, including details of the "competent authority";\n.3 a system for reviewing the training programmes for all shore-based personnel involved in the implementation of the IMDG and IMSBC Codes will be put in place; and\n.4 the maritime administration will ensure that port facilities implement IMDG and IMSBC contingency plans regarding their response to incident(s) involving dangerous goods, through effective monitoring. Port operators will also implement contingency plans which will be connected to the port facility dangerous goods plans.\nThis corrective action will be completed by 31 December 2022.\nCircular Letter No.4028\nAnnex, page 183\nI:\\C_L\\CL.4028.docx\n', 'FD\n962 The State did not regulate the provision of port reception facilities in accordance with the provisions of MARPOL and the existing companies providing partial services were not systematically monitored. There was no evidence of evaluation of adequacy of port reception facilities established for the collection of waste from ships as required by Annexes I, IV and V (MARPOL, Annex I, regulation 38.1; MARPOL, Annex IV, regulation 12.1; MARPOL, Annex V, regulation 8.1; III Code, paragraph 54; III Code, paragraph 55; III Code, paragraph 57).\nRoot cause\n963 The obligation to provide port reception facilities in conformity with the requirements of MARPOL was not specified in national legislation and there were no documented procedures and guidelines.\nCorrective action\n964 The maritime administration will develop and implement national legislation, policies and documented procedures to regulate port reception facilities (PRFs). Port regulations and necessary guidelines and technical notes will be developed and a mechanism for monitoring the processes will be established and also incorporated in the port facility licenses. The IMO guidelines for PRFs, the reporting requirements for ship generated waste (also for fishing ports) and a mechanism for monitoring the processes will be incorporated in the port facility licenses. A system will be established for periodical evaluation of adequacy of PRFs at the State level, as a basis for improving the measures taken. This corrective action will be completed by 31 December 2022.\n', 'FD\n965 There was evidence that some areas of the port State control programme established by the Administration were not consistent with IMO Procedures on port State control, such as qualification of port State control officers, following the procedures in case of clear grounds for more detailed inspection and actions taken when detainable deficiencies are revealed (III Code, paragraph 60; III Code, paragraph 61).\nRoot cause\n966 There was a lack of an actual up-to-date legal basis and established processes to administer a port State control programme consistent with resolution A.1119(30). Port State control inspections were conducted in conformity with existing national legislation, which did not contain requirements regarding training and qualifications of PSCOs.\nCorrective action\n967 Legislation, policies and procedures on port State control will be promulgated and implemented. A specialized training programme for PSCOs will be developed and implemented, in order to keep the knowledge and skills of PSCOs updated in all relevant areas and taking into account the observed shortcomings in interpreting the requirements of the mandatory IMO instruments. This corrective action will be completed by 31 December 2022.\nCircular Letter No.4028\nAnnex, page 184\nI:\\C_L\\CL.4028.docx\n']
`
for i, match := range re.FindAllString(str, -1) {
fmt.Println(match, "found at index", i)
}
}
Please keep in mind that these code samples are automatically generated and are not guaranteed to work. If you find any syntax errors, feel free to submit a bug report. For a full regex reference for Golang, please visit: https://golang.org/pkg/regexp/