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What are the procedures for rectification of deficiencies and release?

1. The PSCO should endeavour to secure the rectification of all deficiencies detected.
2. In the case of deficiencies which are clearly hazardous to safety or the environment, the PSCO should ensure that the hazard is removed before the ship is allowed to proceed to sea. For this purpose, appropriate action should be taken, which may include detention or a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.
3. Where deficiencies which caused a detention and cannot be remedied in the port of inspection, the port State Authority may allow the ship concerned to proceed to the nearest appropriate repair yard available, as chosen by the master and agreed to by that authority, provided that the conditions agreed between the port State Authority and the flag State are complied with. Such conditions will ensure that the ship should not sail until it can proceed without risk to the safety of the passengers or crew,
or risk to other ships, or without presenting an unreasonable threat of harm to the marine environment. Such conditions may include confirmation from the flag State that remedial action has been taken on the ship in question. In such circumstances the port State Authority should notify the authority of the ship's next port of call and any other authority as appropriate. The authority receiving such notification should inform the notifying authority of action taken.
4. On the condition that all possible efforts have been made to rectify all other deficiencies, except those referred to in paragraphs 2 and 3, the ship may be allowed to proceed to a port where any such deficiencies can be rectified.
5. If a ship referred to in paragraph 3 proceeds to sea without complying with the conditions agreed to by the Authority of the port of inspection that port State Authority should immediately alert the next port, if known, the flag State and all other authorities it considers appropriate.
6. If a ship referred to in paragraph 3 does not call at the nominated repair port, the port State Authority of the repair port should immediately alert the flag State and detaining port State, which may take appropriate action, and notify any other authority it considers appropriate.


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