Paris MoU review procedure
Owners or operators are advised to use the official national procedure if they wish to appeal against a detention order. The basic appeal procedures in the Paris MoU member States are listed in the document called: National appeal procedures in Paris MoU member States.
In case an owner or operator declines to use the official procedure but still wishes to complain about a detention decision, such a complaint should be sent to the flag State or the recognized organization (if authorized to act for the flag State).
The flag State or recognized organized may then ask the port State to reconsider its decision to detain the ship.
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 Paris MoU database manager and the Paris MoU Secretariat.
If the port State does not withdraw the detention, the flag State or recognized organisation can consider to request the Paris MoU Secretariat for a review.
Submission of a case for review:
- If the flag State or the recognized organization disagrees with the outcome of the investigation as mentioned above, a request for review may be sent to the Paris MoU Secretariat within 120 days from the date of release of the vessel from detention. Such a request should be accompanied by all information relevant to the detention 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 will set up a “Review Panel” comprising of itself and 4 MoU Authorities requested on an alphabetically rotating basis, excluding the port- and flag State (if applicable).
- The Review Panel will consider the procedural and technical aspects of the inspection based on the information provided by the flag State and/or the recognized organization and the port State. The detail of correspondence is kept as an internal matter.
- The Secretariat will prepare a summary of the opinions of the Review Panel within 30 days of accepting the request and will inform the flag State or the recognized organization, as appropriate, the port State and the MoU Advisory Board.
- If the views of the Review Panel support the flag State or recognized organization’s complain, the port State will be requested to reconsider its decision again.
- The findings of the Review Panel are not binding but may provide justification for the port State to amend its inspection data already inserted in the database and to inform the database manager and the Secretariat accordingly. The Secretariat will inform the flag State or recognized organization, as appropriate on the action (not) taken by the port State.