| Port State Control Memorandums of Understanding: The Opportunity of An Integrated Regional Regime |
| Haytham Mounir Chaaban (1), Sameh Farahat (2), Mohammed Elwakil (3) |
| DOI NO. https://doi.org/10.59660/52727 Received 05/02/2026, Revised 15/03/2026, Acceptance 29/04/2026, Available online and Published 01/07/2026 |
Abstract
This study examines the degree of harmonization between the Paris Memorandum of Understanding on Port State Control (Paris MoU) and the Mediterranean Memorandum of Understanding (Med MoU) as they relate to the International Maritime Organization and the International Labor Organization (IMO/ILO). Even though both agreements were developed from the same international instruments, they are applied differently in each jurisdiction; therefore, the way each jurisdiction applies them results in an unequal level of predictability and credibility when enforced.
The research study employed a mixed methods methodology to gather data and respond to the research questions from an evidence based data analysis methodology. The authors analyzed the data using two forms of data analysis: a quantitative analysis of 2021-2022 last MOU official statistics (documentary) and a thematic analysis of open ended questionnaire responses from 122 PSC professional participants; this created the data set used to answer the study objective. Of interest is the difference in the number of inspections performed and the number of enforcement actions taken from those inspections. For instance, the Paris MoU inspection numbers ranged from a high of 17,289 inspections to a low of 15,401 inspections conducted between 2021 to 2023, with the average detention rates per inspection between 3.49% and 4.18%. In comparison; the Mediterranean MOU’s numbers of inspections were a low of 4,954 inspections to a high of 6,132 inspections conducted over the same three years’ timeframe, with average detention rates per inspection between 2.12% – 2.60%. In addition to the discrepancies in numbers of inspections performed and types of enforcement actions taken, the findings also indicate differences in deficiency profiles and enforcement focus between MoUs related to their potential definitions of deficiencies caused by SOLAS fire protection, structural integrity, and others (i.e. documentation, navigation, and safety). The interview data also indicated that there are five recurring issues with the continuing fragmentation of the PSC system. These include: (1) A lack of competence or training for the PSCO; (2) a need for procedural harmonization, (3) the status of digital technologies (THETIS versus THETIS-Med), (4) fairness in the inspection process, and (5) legal/institution fragmentation.
A phased plan for integrating and unifying varying regulation types consists of a standard series of deficiency coding; a clearly defined scope of conventions to be adhered to; shared performance indicators and the provision of capacity building programs utilizing interoperability of digital technology networks will be created. Additionally, the Phased Approach outlines a series of steps that can be taken in order to assist with global convergence which also includes the creation of common data standards for aligning MoUs to each other and mutual recognition of inspection results and the periodic calibrated inspections as well as concentrated campaigns. Some of the major areas of concern that have been identified that will be integral in achieving these objectives as part of the roadmap are as follows: (1) creating a centralized regional database of banned ships; (2) standardizing technical training for Port State Control officers; (3) identifying innovative digital methods to reduce the disparity between methods of enforcement for both types of regimes; and (4) eliminating the ability for substandard vessels to utilize “safe havens” to conduct their operations without requiring an immediate merging of the MoUs.