The task of the Mediterranean Memorandum of Understanding on Ship Control (Mediterranean MoU) is to ensure effective cooperation in the field of safety and prevention of pollution in the Mediterranean basin. This is an important element of international maritime law, since in this region there are three key nodes for world trade: the Suez Canal, the Strait of Gibraltar, as well as the Bosphorus and Dardanelles.

To date, 10 countries have joined the memorandum.

Brief Historical Background

The draft Mediterranean Memorandum was first announced at a conference in Barcelona on November 28, 1995.

The following year, 1996, two meetings were held, where the study and preparation of this document was carried out. The first was held in March in Tunisia, and the second in December in Morocco.

The final preparatory meeting was organized in the capital of Malta, Valletta, on 11 July 1997. And already within its framework, the memorandum was signed by representatives of eight countries - Algeria, Cyprus, Egypt, Israel, Morocco, Tunisia, Turkey and the same Malta. At the end of 1997, Lebanon joined the agreement, and in July 1999, Jordan.

The secretariat of Mediterranean MoU is currently located in Egypt, in the city of Alexandria. The duties of the Secretary General are performed by Mokhtar Ammar. More information about the leaders and contacts can be found on the official website of the Mediterranean Memorandum http://www.medmou.org.

Checks, detentions and lists within the framework of the memorandum

Each of the ten countries that signed the memorandum must achieve a number of inspections corresponding to 15% of the number of foreign merchant ships entering its ports. It is known that from 2016 to 2018, 11,872 such checks were carried out, as a result of which 337 court arrests were carried out.

It should also be noted that in 2020, due to the pandemic, only 7% of ships were inspected. More specifically, there were only 3,667 of them during this period. And at the same time, 50 ships were detained.

Among other things, the committee of the memorandum (in this case, it is the main executive body) annually publishes lists of flags of states. There are three such lists in total - white, gray, black. The white list includes flags whose vessels are most in line with international safety requirements. The gray list includes middle flags, and the black list includes flags, the ships of which are more often than others delayed for detected violations. Ultimately, being on the black list is perceived by the international community as a signal that the country's fleet is unreliable in terms of its technical condition.

Peculiarities of inspections

The main responsibility for the application of international maritime law standards lies with the authorities of the state under whose flag the ship is sailing. And the task of the participants in the Mediterranean Memorandum is to prevent (or at least minimize) the operation of low-quality ships.

Duties to inspect them are assigned to inspectors. Each inspector must have a personal document with him, which indicates that he is authorized to conduct inspections. On top of that, the inspector is prohibited from having commercial interests in a port or on inspected vessels.

During the inspection, he checks whether transport watercraft meet the requirements of the International Maritime Organization (IMO) and the International Labor Organization (ILO). He must also generally assess the situation and hygienic conditions on the ship (in the engine room, in residential premises, in the galley, and so on). Whenever there is a clear reason to believe that the condition of the vessel and/or its equipment is largely inadequate, the inspector may conduct a more detailed inspection.

And upon its completion, he necessarily gives the captain of the ship a document with the results and detailed information about the decision. In addition, this document may indicate what the captain, operator or owner of the vessel must do to eliminate certain shortcomings.

If a transport craft is detained, the competent authority of the memorandum must immediately inform the authorities of the country under whose flag it is sailing. Also, the local consul of this country must be informed about the current situation.

The owner or operator of the vessel is undoubtedly entitled to appeal the detention decision to a higher administrative authority or to a court of competent jurisdiction. However, it should be borne in mind that the filing of an appeal does not entail an automatic suspension of detention.

On what grounds the courts are searched

First of all, priority is given to ships flying the flag from the "black list."

Ships visiting the port of the State party of the memorandum for the first time or after absence for at least 12 months may also be of particular interest to inspectors.

Also at risk are ships that were previously allowed to leave the port of the state party of the memorandum with an order to eliminate the noted shortcomings within a certain period (provided that this period has already passed). In addition, substantial suspicions can be raised by courts whose class was withdrawn for security reasons less than six months ago.

Problems may arise in ships whose design and equipment do not comply with the statutory evidence.

The vessel carrying polluting or dangerous goods may finally be inspected (especially if its crew has not notified the competent port authorities in time).

P.O.Box: 3101, 746 Blue Horizon Building El Cornish Str., 17th Floor Mandara - ALEXANDRIA - EGYPT

+203 5505770 -5505773

+203 5505578

secretariat@medmou.org