- If the operator or the shipowner 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 (RO) if applicable.
- The flag State or the RO shall than be entitled to ask the port State to reconsider its decision on the detention of the ship within one month after the release of the detention. The port State will further make a detailed investigation on the decision to detain the ship and will dully inform the flag State and the RO on the outcome of the investigation.
- In case that the flag State or the RO disagrees with the outcome of the detailed investigation they are entitled to send a request for a review to the Secretariat of the Black Sea MOU with justified reasoning for disagreement with the outcome of the detailed investigation. The request shall be made in English language. The flag State or the RO shall provide the Secretariat with all the relevant information on the case in electronic format (e-mail).
- The Secretariat shall inform the port State as soon as practically possible on the request for a review of its decision and invite for a technical review of the case and inform the Secretariat on the outcome of the technical review. In case that the port State review board disagree with the request the port State will submit the outcome of the technical review with all the relevant information to the Secretariat within 30 days.
- The Secretariat will set up a Review Board comprising of 3 representatives of the Maritime Administrations of the Member States on an alphabetically rotating basis. The port State and the flag State shall be excluded from the Board.
- The Review Board shall consider all the procedural and technical aspects of the detention based on the information provided by both parties. The Review Board may require additional information to be provided by the flag State and/or the RO and the port State respectively. The members of the Board shall elect one of them as a Chairman of the Board.
- The Review Board shall work by means of correspondence. All the details of the correspondence shall be kept as an internal matter. The Review Board shall adopt a recommendation unanimously.
- The Chairman shall than prepare a report, containing the justified recommendation of the Review Board and shall send it to the Secretariat.
- The recommendation of the Review Board shall be sent to the flag State/or the RO and the port State by the Secretariat.
- The port State shall be asked to reconsider its decision on the detention, if the recommendation of the Review Board does not support its decision and shall inform the Secretariat on its opinion, as soon as practically possible. 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 database manager and the Secretariat accordingly.
- The Secretariat shall inform the flag State or the RO as appropriate on the action (not) taken by the port State.
[↑] Recognized organization (RO) means an organization which meets the relevant conditions set forth by resolution A.739(18), and has been delegated by the flag State Administration to provide the necessary statutory services and certification to ships entitled to fly its flag.