Operational Guide · Registers & Logbooks

# Managing an Appeal against a Detention

Filing an appeal does not suspend the detention: the ship remains held until the deficiencies are corrected, regardless of the outcome of the appeal procedure.

appeal detention Paris MOU appeal procedure

## Operational Explanation

Every PSC Memorandum of Understanding provides a right of appeal against a detention decision. The appeal must be addressed to the maritime authority of the port State that issued the detention, not to the individual PSCO who carried it out: the appeal procedure details are printed on the back of the detention notification form and vary between the different member States of the same MOU.

A point often misunderstood: initiating an appeal does not suspend the detention. The ship remains unable to sail until the deficiencies are actually corrected, regardless of the outcome of the appeal procedure. As an alternative to the official national procedure, the owner/operator may also address a complaint to the Flag Administration or the Recognized Organization (RO) that issued the statutory certificates on the flag's behalf, which may in turn ask the port State to reconsider the decision.

## Regulatory Reference

Every regional PSC MOU (Paris MOU, Tokyo MOU, etc.) provides an appeal procedure against detention decisions, with specific details printed on the detention notification form and varying between member States; the right of appeal is a common principle across all regional PSC regimes.

## Scope of Application

Every ship subject to a detention decision by a PSC authority, with the owner/operator responsible for assessing whether and how to initiate the appeal procedure, in coordination with the Flag Administration, the Classification Society and the P&I Club.

## Procedure / How to Complete It

1. Check the specific appeal procedure details printed on the detention notification form, as they vary between member States of the same MOU.
2. Address the formal appeal to the maritime authority of the port State that issued the detention, not to the individual PSCO who carried it out.
3. Coordinate promptly with the Classification Society and the P&I Club for the technical and legal support needed to support the appeal.
4. Consider, as an alternative or in addition to the official procedure, a complaint to the Flag Administration or the RO, which can ask the port State to reconsider the decision.
5. Proceed in parallel with correcting the deficiencies that led to the detention, regardless of the expected outcome of the appeal, since the detention is not suspended during the procedure.

## Practical Example

Example: after a detention for a deficiency contested as incorrectly assessed by the PSCO, the operator files a formal appeal with the maritime authority of the port State, attaching the Classification Society's technical documentation; at the same time, it arranges correction of the contested deficiency anyway, so as not to prolong the ship's hold while awaiting the outcome of the appeal.

## Real Cases

The mistaken perception that an appeal automatically suspends the detention has in several cases led to unnecessary operational delays, with owners waiting for the outcome of the appeal procedure before proceeding with correction of the deficiencies: an approach that needlessly prolongs the ship's hold, given that the appeal and the correction of deficiencies are parallel and independent processes.

## Common Mistakes Mistake Library

Mistake | Consequence | How to avoid it
--- | --- | ---
Appeal addressed to the individual PSCO who carried out the detention instead of the competent maritime authority of the port State | Appeal not processed according to the correct formal procedure | Always check the appeal procedure details on the notification form and address it to the correct competent authority
Correction of deficiencies postponed while awaiting the outcome of the appeal | Unnecessary prolongation of the ship's hold, since detention is not suspended during the appeal | Proceed in parallel with correcting the deficiencies, regardless of the expected outcome of the appeal procedure
Coordination with the Classification Society and P&I Club started late relative to the decision to file an appeal | Insufficient technical and legal support to effectively sustain the appeal | Involve the Classification Society and P&I Club promptly in assessing and preparing the appeal

## PSC Observations

The appeal procedure is administered by the maritime authority of the port State according to the specific rules of the applicable regional MOU; it is not a function performed directly by the PSCO who carried out the inspection.

## Operational Tips

- Never assume that an appeal suspends the detention: always check this critical point before planning the ship's operational schedule.
- Involve the Classification Society and P&I Club promptly in assessing the merits and preparing the appeal.
- Treat a complaint to the Flag Administration or the RO as a complementary, not alternative, channel to the official appeal procedure.

## Checklist

- Appeal procedure details checked on the detention notification form
- Appeal addressed to the correct maritime authority of the port State
- Classification Society and P&I Club involved promptly
- Correction of deficiencies initiated in parallel, without waiting for the outcome of the appeal
- Any complaint to the Flag Administration/RO considered as a complementary channel

## FAQ

Does filing an appeal suspend the detention?
No: the ship remains unable to sail until the deficiencies are actually corrected, regardless of the outcome of the appeal procedure initiated.
Who should an appeal against a detention be addressed to?
The maritime authority of the port State that issued the detention, not the individual PSCO who carried it out; the specific details are printed on the detention notification form.
Are there alternatives to the official appeal procedure?
Yes: the owner/operator can address a complaint to the Flag Administration or the Recognized Organization that issued the statutory certificates, which may in turn ask the port State to reconsider the decision.
🎬 Additional photos, videos and interactive diagrams for this topic will be available in a future version of the platform.

## Related Topics

Detention and Banning Communicating with the PSCO

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