The flag State or Recognized Organization may then ask the port State to reconsider its decision to detain the ship.
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.
To complete the detention review procedure and include the outcome in the 2019 Paris MoU Annual Report, cases concerning detentions in 2019 shall be submitted before 15 February 2020.
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. This request can only be submitted by the flag State or the R.O., 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: firstname.lastname@example.org) and in the English language. The submission form is to be used.
- The Secretariat will set up a “Review Panel” comprising of itself and 4 MoU Authorities requested on a rotating basis, excluding the port- and flag States involved 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 details of correspondence are 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 complaint, 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.