BS MOU Detention Review Board Procedure
- Section 3.12 of the BS MOU states that
The owner or the operator of a ship will have the right of appeal against a detention decision to higher administrative Authority or to the court of competent jurisdiction, according to the law in each country.
- Owners or operators should be advised to use official national procedure according the national jurisdiction of the country where the detention order was issued, if they wish to appeal against a detention order.
- If the operator or the ship-owner declines to use the official appeal procedure, but still wishes to object against the detention order such a complaint should be sent to the flag State or the recognized organization (if authorised to act for the flag State).
- The flag State or the recognized organization shall than be entitled to ask the port State to reconsider its decision on the detention of the ship according to the national jurisdiction of the country where the detention order was issued, after the release of the detention. Basic information about Member States national appeal procedures can be found in the MOU web-site National Arrangement on PSC in the Black Sea Region.
- In such cases the port State should investigate the decision and inform the flag State or the recognized organization of the outcome. If the port State agrees to reverse its decision it should also inform the BSIS Manager and the BS MOU Secretariat.
Submission of a Case for Review
- If the flag State or the recognized organization (R.O.) disagrees with the outcome of the investigation as mentioned above, a request for review may be sent to the BS MOU Secretariat.
- In case that the flag State or the R.O. disagrees with the outcome of the investigation as mentioned above, they are entitled to send a request for a review to the BS MOU Secretariat. This request can only be submitted by the flag State or the R.O. within 90 days after release of the detention with justified reasoning for disagreement with the outcome of the investigation. The request shall be made in English language. The flag State or the R.O. shall provide the Secretariat with all the relevant information on the case in electronic format (submission by e-mail to: email@example.com) and in the English language. The submission form (hereunder) is to be used.
- The Secretariat shall process the request in accordance with the BS MOU internal procedures for the detention review, by setting up a Review Board, if needed.
- If the recommendation of the Review Board support the flag State or R.O.’s complaint, the port State will be requested to reconsider its decision again. The recommendation of the Review Board is not binding for the port State and could not be used as a ground for claiming a financial compensation.
- Should the port State decides to follow the recommendation of the Review Board, where it does not support its decision on the detention, the port State shall amend the inspection data already inserted in the database and shall inform the BSIS Manager and the Secretariat accordingly. The Secretariat shall inform the flag State or the R.O. as appropriate on the action (not) taken by the port State.