Index 
 Previous 
 Next 
 Full text 
Procedure : 2005/0238(COD)
Document stages in plenary
Document selected : A6-0081/2007

Texts tabled :

A6-0081/2007

Debates :

PV 24/04/2007 - 11
CRE 24/04/2007 - 11

Votes :

PV 25/04/2007 - 11.6
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2007)0149

Texts adopted
WORD 429k
Wednesday, 25 April 2007 - Strasbourg Final edition
Port State control ***I
P6_TA(2007)0149A6-0081/2007
Resolution
 Consolidated text

European Parliament legislative resolution of 25 April 2007 on the proposal for a directive of the European Parliament and of the Council on port State control (recast version) (COM(2005)0588 – C6-0028/2006 – 2005/0238(COD))

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0588)(1) ,

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0028/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Legal Affairs (A6-0081/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.


Position of the European Parliament adopted at first reading on 25 April 2007 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on port State control (recast)
P6_TC1-COD(2005)0238

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Having regard to the opinion of the Committee of the Regions(2) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3) ,

Whereas:

(1)  Council Directive 95/21/EC of 19 June 1995 on port State control of shipping(4) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

(2)  The Community is seriously concerned about shipping casualties and pollution of the seas and coastlines of the Member States.

(3)  The Community is equally concerned about on-board living and working conditions.

(4)  Safety, pollution prevention and shipboard living and working conditions may be effectively enhanced through a drastic reduction of substandard ships from Community waters, by strictly applying international Conventions, codes and resolutions.

(5)  To this end, the Community hopes for the early ratification of the Maritime Labour Convention 2006 of the International Labour Organisation (ILO), part 5.2.1 of which refers to port state obligations.

(6)  Monitoring the compliance of ships with the international standards for safety, pollution prevention and shipboard living and working conditions should rest primarily with the flag State. However, there has been a serious failure on the part of a number of flag States to implement and enforce international standards. Henceforth the monitoring of compliance with the international standards for safety, pollution prevention and shipboard living and working conditions should also be ensured by the port State, on the understanding that a port state inspection is not an expert appraisal, that inspection reports are not equivalent to a seaworthiness certificate, and that port state control cannot absolve flag states from their responsibilities .

(7)  A harmonised approach to the effective enforcement of these international standards by the Member States in respect of ships sailing in the waters under their jurisdiction and using their ports will avoid distortions of competition.

(8)  The shipping industry is vulnerable to acts of terrorism. Transport security measures should be implemented effectively and Member States should vigorously monitor compliance with the security rules by carrying out security checks.

(9)  Advantage should be taken of the experience gained during the operation of the Paris Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982 (Paris MOU) .

(10)  The European Maritime Safety Agency (EMSA) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 (5) , should provide the necessary support to ensure the convergent and effective implementation of the port State control system. EMSA should in particular contribute to the development of a harmonised Community scheme for the qualification and training of port State control inspectors.

(11)  An efficient port State control regime should seek to ensure that all ships calling at a port within the European Union are regularly inspected. Inspection should concentrate on substandard ships, while quality ships, meaning those which have satisfactory inspection records or which fly the flag of a State complying with the International Maritime Organization ( IMO) Member State Audit Scheme, should be rewarded by undergoing less frequent inspections. Such new inspection arrangements should be incorporated into the Community's port State control regime as soon as its various aspects have been defined and on the basis of an inspection-sharing scheme whereby each Member State contributes fairly to the achievement of the Community objective of a comprehensive inspection scheme. Moreover, Member States should recruit and retain the requisite number of staff, including qualified inspectors, taking into account the volume and characteristics of shipping traffic at each port.

(12)  The inspection regime set up by this Directive should be coordinated with the work done by the Paris MOU. Since any developments arising from the Paris MOU should be agreed at Community level before being made applicable within the EU, close coordination should be established between the Community and the Paris MOU, with a view to achieving a single distinct inspection regime.

(13)  The rules and procedures for port-State inspections, including criteria for the detention of ships, should be harmonised to ensure consistent effectiveness in all ports, which would also drastically reduce the selective use of certain ports of destination to avoid the net of proper control.

(14)  Certain categories of ships present a major accident or pollution hazard when they reach a given age and should therefore be subject to an expanded inspection; the details of such expanded inspection need to be laid down.

(15)  Under the inspection regime set up by this Directive, the intervals between periodic inspections on ships depend on their risk profile that is determined by certain generic and historical parameters. For high risk ships this interval should not exceed six months.

(16)  Some ships pose a manifest risk to maritime safety and the marine environment because of their poor condition, flag and history. They should therefore be refused access to Community ports and anchorages , unless it can be demonstrated that they can be operated safely in Community waters. Guidelines should be established setting out the procedures applicable in the event of the imposition of such an access ban and of the lifting of the ban. In the interests of transparency, the list of ships refused access to Community ports and anchorages should be made public.

(17)  In order to reduce the burden placed on certain administrations and companies by repetitive inspections, a survey carried out on a ro-ro ferry or high-speed passenger craft under Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services(6) , to the satisfaction of the host State, should be regarded as an expanded inspection under the port State control system.

(18)  Non-compliance with the provisions of the relevant Conventions must be rectified. Ships which need to be the subject of corrective action must, where the observed deficiencies are clearly hazardous to safety, health or the environment, be detained until such time as the shortcomings have been rectified.

(19)  A right of appeal should be made available against decisions for detention taken by the competent authorities, in order to prevent unreasonable decisions which are liable to cause undue detention and delay.

(20)  Authorities and inspectors involved in port State control activities should have no conflict of interests, whether with the port of inspection or with the ships inspected and related interests. Inspectors should be adequately qualified and should receive appropriate training so as to maintain and improve their competence in the conduct of inspections. Member States should cooperate in developing and promoting a harmonised Community scheme for the qualification and training of inspectors.

(21)  Pilots and port authorities should be enabled to provide useful information on anomalies found on board ships.

(22)  Complaints from persons with a confirmed legitimate interest regarding living and working conditions on board should be investigated. Priority should be given to dealing with complaints on board. Any person lodging a complaint should be informed of the follow-up action given to that complaint.

(23)  Cooperation between the competent authorities of the Member States and other authorities or organisations is necessary to ensure an effective follow-up with regard to ships with deficiencies which have been permitted to proceed and for the exchange of information about ships in port.

(24)  Since the inspection database is an essential part of port State control, Member States should ensure that it is updated in the light of Community requirements. 

(25)  Publication of information concerning ships and their operators or companies which do not comply with international standards on safety, health and protection of the marine environment, may be an effective deterrent discouraging shippers from using such ships, and an incentive to their owners to take corrective action.

(26)  All costs of inspecting ships which warrant detention, and those incurred in lifting a refusal of access, should be borne by the owner or the operator.

(27)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7) . Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of that Decision .

(28)  In particular, in order not to impose a disproportionate administrative burden on Member States without seaports, a de minimis rule should permit them to derogate from the provisions of this Directive. Measures implementing that rule should be adopted in accordance with the regulatory procedure with scrutiny.

(29)  Since the objectives of the action to be taken, namely to reduce substandard shipping in Community waters through improvement of the Community's inspection system for seagoing ships and the development of the means of taking preventive action in the field of pollution of the seas cannot be sufficiently achieved by the Member States and may, therefore, on account of their scale and their effects, be better achieved at Community level, the Community can take measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

(30)  The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive.

(31)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex XV, Part B.

(32)  In accordance with point 34 of the Interinstitutional Agreement on better law-making (8) , Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to help to reduce drastically substandard shipping in the waters under the jurisdiction of Member States, by:

   a) increasing compliance with international and relevant Community legislation on maritime safety, maritime security, protection of the marine environment and living and working conditions on board ships of all flags;
   b) establishing common criteria for control of ships by the port State and harmonising procedures on inspection and detention;
   c) ensuring that all ships calling to ports or anchorages within the Community are inspected with a frequency depending on their risk profile, with ships posing a higher risk being subject to a more thorough inspection carried out at more frequent intervals;
   d) introducing elements related to a Community port State control regime, aiming to establish common criteria for the control of ships by the port State and harmonise procedures on inspection and detention.

Article 2

Definitions

For the purpose of this Directive:

  1. "Conventions" means the following Conventions, together with the Protocols and amendments thereto and related codes of mandatory status, in their up-to-date version:
   a) the International Convention on Load Lines, 1966 (LL 66);
   b) the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);
   c) the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto (Marpol 73/78);
   d) the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 78);
   e) the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Colreg 72);
   f) the International Convention on Tonnage Measurement of Ships, 1969 (ITC 69);
   g) the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No 147);
   h) the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92).
   2. "Paris MOU" means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, in its up-to-date version.
   3. "Framework and procedures for the Voluntary IMO Member State Audit Scheme" means IMO Assembly Resolution A.974(24).
   4. "Paris MOU region" means the geographical area in which the states party to the Paris MOU conduct inspections in the context of the Paris MOU.
   5. "Ship" means any seagoing vessel to which one or more of the Conventions apply, flying a flag other than that of the port State.
   6. "Off-shore installation" means a fixed or floating platform operating on or over the continental shelf of a Member State.
   7. "Port" means an area of land and water made up of such works and equipment as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of those goods, and embarkation and disembarkation of passengers.
   8. "Anchorage" means a place in a port or another area within the jurisdiction of a port suitable for ships to anchor.
   9. "Inspector" means a public-sector employee or other person, duly authorised by the competent authority of a Member State to carry out port-State control inspections, and responsible to that competent authority.
   10. "Competent authority" means a maritime authority responsible for port State control in accordance with this Directive.
   11. "Competent authority for maritime security" means a competent authority for maritime security as defined in Article 2, point 7 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (9) .
   12. "Initial inspection" means a visit on board a ship by an inspector, in order to check compliance with the relevant Conventions and regulations and including at least the checks required by Article 12(2) .
   13 . "More detailed inspection" means an inspection where the ship, its equipment and crew as a whole or, as appropriate, parts thereof are subjected, in the circumstances specified in Article 12(3) , to an in-depth examination covering the ship's construction, equipment, manning, living and working conditions and compliance with on-board operational procedures.
   14. "Expanded inspection" means an inspection whose scope includes as a minimum the items listed in Annex VIII . An expanded inspection may include a more detailed inspection whenever there are clear grounds in accordance with Article 13 .
   15. "Complaint" means any information or report, other than the report on apparent anomalies or defects drawn up by pilots or port authorities in accordance with Article 22, submitted by any physical or legal person with a legitimate interest in the safety of the ship, including an interest in safety or health hazards to its crew, shipboard living and working conditions and the prevention of pollution.
   16 . "Detention" means the formal prohibition of a ship to proceed to sea due to established deficiencies which, individually or together, make the ship unseaworthy.
   17. "Refusal of access order" means a decision issued to the master of a ship, to the company responsible for the ship and to the flag State notifying them that the ship will be refused access to all ports and anchorages of the Community.
   18. "Stoppage of an operation" means a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.
   19. "Company" means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management ("ISM") Code.
   20. "Recognised Organisation" means a classification society or other private body, carrying out statutory tasks on behalf of a flag State administration.
   21. "Statutory certificate" means a certificate issued by or on behalf of a flag State in accordance with international Conventions.
   22. "Classification certificate" means a document issued by a recognised organisation, confirming compliance with SOLAS 74, Chapter II.1, Part A.1, Regulation 3.1 .
   23. "Inspection database" means the information system for implementing the port State control regime within the Community and taking into account inspections made in the Paris MOU region .

Article 3

Scope

1.  This Directive applies to any ship and its crew calling at a port or at an anchorage of a Member State.

France may decide that the ports covered by this paragraph do not include ports situated in the overseas departments referred to in Article 299(2) of the Treaty.

Where a Member State carries out an inspection on a ship in its territorial waters but outside a port, such a procedure shall be deemed to be an inspection for the purposes of this Directive.

Nothing in this Article shall affect the rights of intervention available to a Member State under the relevant international Conventions.

Member States without sea ports may derogate from the application of this Directive, under certain conditions. The Commission shall adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), the measures for the implementation of this derogation mechanism.

2.  In the case of ships of a gross tonnage below 500, Member States shall apply those requirements of a relevant Convention which are applicable and shall, to the extent that a Convention does not apply, take such action as may be necessary to ensure that the ships concerned are not clearly hazardous to safety, health or the environment. In their application of this paragraph, Member States shall be guided by Annex 1 to the Paris MOU.

3.  When inspecting a ship flying the flag of a State which is not a party to a Convention, Member States shall ensure that the treatment given to such ship and its crew is no more favourable than that given to a ship flying the flag of a State which is a party to that Convention.

4.  Fishing vessels, ships of war, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachts not engaged in trade shall be excluded from the scope of this Directive.

Article 4

Inspection powers

1.  Member States shall take all necessary measures in order to be legally entitled to carry out on board foreign ships the inspections referred to in this Directive in accordance with international law.

2.  Member States shall maintain appropriate competent authorities for the inspection of ships and shall take whatever measures are appropriate to ensure that they perform their duties as laid down in this Directive. In particular, they shall recruit and retain the requisite number of staff, including qualified inspectors, taking into account the volume and characteristics of shipping traffic at each port. 

Member States shall put in place appropriate arrangements to ensure that inspectors are available for carrying out initial and expanded inspections in accordance with Articles 12 and 13 and Annex I, part II .

Article 5

Community inspection regime

1.  The Member States shall carry out inspections in accordance with the selection scheme described in Article 12 and the provisions of Annex I .

2.  Each Member State shall carry out annually a total number of inspections of individual ships corresponding to its share of the total number of inspections to be carried out annually in the Community and in the Paris MOU area. This share shall be based on the number of ships calling at the ports or anchorages of the Member State in question in relation to the sum of the number of ships calling at the ports and anchorages of each Member State of the Community and of the states party to the Paris MOU.

Article 6

Compliance with the Community inspection regime

In accordance with Article 5, each Member State shall:

   a) inspect all Priority I ships, as referred to in Article 11(a), calling at its ports and anchorages and
   b) annually carry out a total number of inspections on Priority I and Priority II ships, as referred to in Article 11(a) and (b), which correspond at least to its annual inspection commitment.

Article 7

Circumstances in which certain ships are not inspected

1.  In the following circumstances, a Member State may decide to postpone the inspection of a Priority I ship:

   i) if the inspection may be carried out at the next call of the ship in the same Member State, provided that the ship does not call at any other port or anchorage in the Community or the Paris MOU region in between and the postponement does not exceed 15 days; or
   ii) if the inspection may be carried out in another port of call within the Community or the Paris MOU region within 15 days, provided that the State in which such port of call is located has agreed to perform the inspection.

If an inspection is postponed, but not performed in accordance with points (i) and (ii) and not recorded in the inspection database, it shall be counted as a missed inspection against the Member State which postponed the inspection.

2.  Under the following exceptional circumstances an inspection not performed on Priority I ships for operational reasons shall not be counted as a missed inspection, provided that the reason for missing the inspection is recorded in the inspection database, if in the judgement of the competent authority the conduct of the inspection would create a risk to the safety of inspectors, the ship, its crew or to the port, or to the marine environment.

3.  If an inspection is not performed on a ship at anchor, it shall not be counted as a missed inspection provided that, if point (ii) applies, the reason for missing the inspection is recorded in the inspection database, if:

   i) the ship is inspected in another port within the Community or the Paris MOU region in accordance with Annex I within 15 days, or
   ii) in the judgement of the competent authority the conduct of the inspection would create a risk to the safety of inspectors, the ship, its crew or to the port, or to the marine environment.

4.  The Commission may adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), measures for the implementation of this Article.

Article 8

Notification of arrival of ships

1.   The operator, agent or master of a ship eligible for an expanded inspection in accordance with Article 13 bound for a port or anchorage of a Member State shall notify its arrival in accordance with the provisions of Annex III.

2.  On receipt of the notification referred to in paragraph 1 and in Article 4 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (10) , the relevant port authority shall pass on this information to the competent authority.

3.  Electronic means shall be used for the purposes of any communication provided for in this article. Other means shall be used only when electronic means are not available.

4.  The procedures and formats developed by the Member States for the implementation of Annex III shall comply with Directive 2002/59/EC.

Article 9

Ship risk profile

1.  Every ship calling at a port or anchorage in a Member State shall be attributed a ship risk profile which determines the degree of priority of the inspection, the intervals between inspections and the scope of inspections. The ship risk profile of each ship shall be entered in the inspection database.

2.  The risk profile of a ship shall be determined by a combination of generic and historic risk parameters, as follows:

a)  Generic parameters

Generic parameters shall be based on the type, age, flag, recognised organisations involved and company performance in accordance with Annex I, part I, point 1 and Annex II.

b)  Historic parameters

Historic parameters shall be based on the number of anomalies and detentions during a given period, in accordance with Annex I, part I, point 2 and Annex II.

3.  The Commission shall adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), the rules for the implementation of this Article, specifying in particular:

   the values attributed to each risk parameter,
   the combination of risk parameters corresponding to each level of ship risk profile,
   the conditions for implementing the flag state criteria referred to in Annex I, part I, point 1 (c) (iii) concerning the demonstration of compliance with the relevant instruments.

Article 10

Frequency of inspections

1.  Ships calling at Community ports or anchorages shall be subject to periodic inspections or to additional inspections as follows:

   (a) Ships shall be subject to periodic inspections at predetermined intervals depending on their risk profile in accordance with Annex I, part II, section 1. The interval between periodic inspections of high risk ships shall not exceed six months. The interval between periodic inspections of ships of other risk profiles shall increase as the risk decreases, in accordance with Annex I, part II, section 1.
  (b) Ships shall be subject to additional inspections regardless of the period since their last periodic inspection as follows:
   i) the competent authority shall ensure that ships to which overriding factors listed in Annex I, part II, section 2.1 apply are subject to an inspection,
   ii) ships to which unexpected factors listed in Annex I, part II, section 2.2 apply may be subject to an inspection. The decision to undertake such an additional inspection shall be left to the professional judgement of the competent authority.

2.  Periodic and additional inspections shall include an examination of pre-identified areas for each ship which will vary according to the type of ship, the type of inspection and the findings of previous port State control inspections.

The inspection database shall indicate the elements to identify the risk areas to be checked at each inspection.

3.  The Commission shall adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), and taking account of the procedures applied in the context of the Paris MOU, measures for the implementation of this Article, specifying in particular the list of areas to be inspected according to the type of ship.

Article 11

Selection of ships for inspection

The competent authority shall ensure that ships are selected for inspection on the basis of their risk profile as described in Annex I, part I and when overriding or unexpected factors arise in accordance with Annex I, part II, section 2.

With a view to the inspection of ships, the competent authority:

   a) shall select ships which are due for a mandatory inspection, referred to as "Priority I" ships, in accordance with the selection scheme described in Annex I, part II, section 3.1,
   b) may select ships which are eligible for inspection, referred to as "Priority II" ships, in accordance with Annex I, part II, section 3.2.

Article 12

Types of inspections

1.  Member States shall ensure that ships which are selected for inspection in accordance with Article 11 are subject to an initial inspection, a more detailed inspection or an expanded inspection as follows:

2.  Initial inspection

(a)  On each initial inspection of a ship, the competent authority shall ensure that the inspector shall, as a minimum, check the certificates and documents listed in Annex IV required to be kept on board in accordance with the applicable Community maritime safety legislation and international Conventions ,

(b)  When a ship has been authorised to leave a port on condition that the deficiencies are rectified at the next port, the inspection at the next port shall be limited to verifying whether these deficiencies have been rectified.

However, the inspector may, in the exercise of his professional judgement, decide that the inspection must be extended to cover additional verifications.

3.   More detailed inspection

A more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements, whenever there are clear grounds for believing, after the inspection referred to in paragraph 2 point (b), that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention.

" Clear grounds" exist when the inspector finds evidence which in his professional judgement warrants a more detailed inspection of the ship, its equipment or its crew.

Examples of " clear grounds" are set out in Annex V and VII, section C.

Article 13

Expanded inspections

1.  The following categories of ships shall be eligible for an expanded inspection in accordance with Annex I, part II, section 3.1, points (a) and (b):

   ships with a high risk profile,
   passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old,
   ships with a high risk profile or passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old, in the event of overriding or unexpected factors,
   ships subject to a re-inspection following a refusal of access order in accordance with Article 20.

2.  On reception of a pre-notification provided by a ship eligible for an expanded inspection, the competent authority shall inform the ship without delay whether an expanded inspection will be carried out.

Article 14

Guidelines and procedures under Community maritime safety and security legislation

1.  For the purposes of this Directive, the relevant procedures and guidelines for the control of ships specified in Annex VI shall be taken into account as appropriate.

Member States shall ensure that their competent authorities are duly informed of the relevant guidelines or procedures that need to be implemented in accordance with Community legislation and they shall verify their proper implementation.

2.  As far as safety checks are concerned, the Member States shall apply the procedures set out in Annex VII to all ships referred to in Article 3(1) and (2) of Regulation (EC) No 725/2004 calling at their ports, as long as they do not fly the flag of the port state of inspection.

They shall apply those procedures to the ships referred to in Article 3(3) of Regulation (EC) No 725/2004 when the provisions of that regulation have been extended to the ships referred to in Article 3(3).

3.  The provisions of Article 13 concerning expanded inspections shall apply to ro-ro ferries and to high-speed passenger craft as referred to in Article 2(a) and (b) of Directive 1999/35/EC.

When a ship has been surveyed in accordance with Articles 6 and 8 of Directive 1999/35/EC, such specific survey shall be considered as a more detailed or an expanded inspection, as relevant, and recorded as such in the inspection database.

Without prejudice to a prevention of operation of a ro-ro ferry or a high-speed passenger craft decided in accordance with Article 10 of Directive 1999/35/EC, the provisions of this Directive concerning rectification of deficiencies, detentions, refusal of access, follow-up to inspections, detentions and refusal of access, as appropriate, shall apply.

Article 15

Access refusal measures concerning certain ships

1.  A Member State shall ensure that any ship meeting the criteria specified in this paragraph is refused access to its ports and anchorages, except in the situations described in Article 20(6) if the ship:

   flies the flag of a State which appears on the black list or grey list as defined by the Paris MOU on the basis of information recorded in the inspection database and as published annually by the Commission, and
   has been detained or issued with a prevention of operation order under Directive 1999/35/EC more than twice in the course of the preceding 36 months in a port of a Member State or of a MOU signatory State.

For the purposes of this paragraph, the list defined by the Paris MOU shall enter into force as of 1 July each year.

The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 4 to 10 of Annex IX are met.

If the ship is subject to a second refusal of access, the period shall be increased to 12 months. Any subsequent detention in a Community port shall result in the ship being permanently refused access to any port or anchorage within the Community.

2.  For the purposes of this Article , Member States shall comply with the procedures laid down in Annex IX, point B.

Article 16

Report of inspection to the master

On completion of an inspection, a more detailed inspection or an expanded inspection, the inspector shall draw up a report in accordance with Annex X. A copy of the inspection report shall be provided to the ship's master.

Article 17

Complaints

All complaints within the meaning of Article 2(15) made by persons with a demonstrated legitimate interest regarding conditions on board shall be subject to an initial investigation by the competent authority .

The initial investigation must make it possible to establish swiftly whether the complaint is admissible or whether it is manifestly unfounded or clearly abusive.

When the competent authority deems the complaint to be manifestly unfounded, it shall inform the complainant of its decision and of the reasons for it.

The identity of the person lodging the complaint shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall ensure confidentiality during any interviews of crew members.

Member States shall inform the flag State administration, with a copy to the ILO if appropriate, of complaints not manifestly unfounded and of follow-up actions taken.

Article 18

Rectification and detention

1.  The competent authority shall be satisfied that any deficiencies confirmed or revealed by the inspection are or will be rectified in accordance with the Conventions.

2.  In the case of deficiencies which are clearly hazardous to safety, health or the environment, the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained, or the operation in the course of which the deficiencies have been revealed is stopped. The detention order or stoppage of an operation shall not be lifted until the hazard is removed or until such authority establishes that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

3.  Without prejudice to restrictions on security grounds decided in accordance with Regulation (EC) No. 725/2004, a detention order issued by a competent authority may:

   a) include a direction that the ship shall remain in a particular place, or shall move to a particular anchorage or berth; and
   b) specify the circumstances in which the master of the ship may move the ship from a specified place for reasons of safety or prevention of pollution.

4.  When exercising his professional judgement as to whether or not a ship should be detained, the inspector shall apply the criteria set out in Annex XI.

In this respect, if the inspection reveals that the ship is not equipped with a functioning voyage data recorder, when its use is compulsory in accordance with Directive 2002/59/EC, the competent authority shall ensure that the ship is detained.

If the deficiencies justifying detention cannot be readily rectified in the port of detention, the competent authority may allow the ship to proceed to the nearest available repair yard to the port of detention where it may be readily rectified or it may require that the deficiencies be rectified within a maximum period of 30 days, in accordance with the guidelines developed by the Paris MOU. For these purposes, the procedures laid down in Article 20 shall apply.

5.  In exceptional circumstances, where the overall condition of a ship is obviously substandard, the competent authority may suspend the inspection of that ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions.

6.  In the event of detention, the competent authority shall immediately inform, in writing and including the report of inspection, the flag State administration or, when this is not possible, the Consul or, in his absence, the nearest diplomatic representative of that State, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognised organisations responsible for the issue of class certificates or statutory certificates in accordance with international C onventions shall also be notified .

7.  The provisions of this Directive shall be without prejudice to the additional requirements of the Conventions concerning notification and reporting procedures related to port State control.

8.  When exercising port State control under this Directive, all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is unduly detained or delayed, the owner or operator shall be entitled to compensation for any loss or damage suffered. In any instance of alleged undue detention or delay the burden of proof shall lie with the owner or operator of the ship.

9.  The competent authority shall inform the port authority at its earliest convenience when a detention order is issued.

10 .  In order to alleviate port congestion, a competent authority may allow a detained ship to be moved to another part of the port if it is safe to do so. However, the risk of port congestion shall not be a consideration when deciding on a detention or on a release from detention.

Port authorities shall cooperate with the competent authority with a view to facilitating the accommodation of detained ships.

Article 19

Right of appeal

1.  The owner or the operator of a ship or his representative in the Member State shall have a right of appeal against a detention decision or refusal of access taken by the competent authority. An appeal shall not cause the detention or refusal of access to be suspended, but shall be mentioned in the inspection database .

2.  Member States shall establish and maintain appropriate procedures for this purpose in accordance with their national legislation and shall cooperate in order to achieve coherent norms and procedures for the implementation of this Article, particularly with a view to ensuring that appeals are dealt with within a reasonable time .

3.  The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal and the practical arrangements relating thereto .

4.  When, as a result of an appeal or of a request made by the owner or the operator of a ship or his representative, a detention or a refusal of access order is revoked or amended:

   (a) Member States shall ensure that the inspection database is amended accordingly without delay,
   (b) The Member State where the detention or refusal of access order has been issued shall, within 24 hours of such a decision, ensure that the information published in accordance with Article 25 is rectified.

Article 20

Follow-up to inspections and detentions

1.  Where deficiencies as referred to in Article 18 (2) cannot be rectified in the port of inspection, the competent authority of that Member State may allow the ship concerned to proceed directly to the nearest available repair yard to the port of detention where follow-up action can be taken, as chosen by the master and the authorities concerned, provided that the conditions determined by the competent authority of the flag State and agreed by that Member State are complied with. Such conditions shall ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

2.  Where the decision to send a ship to a repair yard is due to a lack of compliance with IMO Resolution A.744(18), either with respect to a ship's documentation or with respect to a ship's structural failures and deficiencies, the competent authority may require that the necessary thickness measurements be carried out in the port of detention before the ship is allowed to sail.

3.  In the circumstances referred to in paragraph 1, the competent authority of the Member State in the port of inspection shall notify the competent authority of the State where the repair yard is situated, the parties mentioned in Article 18 (6) and any other authority as appropriate of all the conditions for the voyage.

The competent authority of a Member State receiving such notification shall inform the notifying authority of the action taken.

4.  Member States shall take measures to ensure that access to any port or anchorage within the Community is refused to ships referred to in paragraph 1 which proceed to sea:

   a) without complying with the conditions determined by the competent authority of any Member State in the port of inspection; or
   b) which refuse to comply with the applicable requirements of the Conventions by not calling into the indicated repair yard.

Such refusal shall be maintained until the owner or operator has provided evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.

5.  In the circumstances referred to in paragraph 4(a), the competent authority of the Member State where the ship was found defective shall immediately alert the competent authorities of all the other Member States.

In the circumstances referred to in paragraph 4(b), the competent authority of the Member State in which the repair yard lies shall immediately alert the competent authorities of all the other Member States.

Before denying entry, the Member State may request consultations with the flag administration of the ship concerned.

6.  By way of derogation from the provisions of paragraph 4, access to a specific port or anchorage may be permitted by the relevant authority of that port State in the event of force majeure or overriding safety considerations, or to reduce or minimise the risk of pollution or to have deficiencies rectified, provided that adequate measures to the satisfaction of the competent authority of such Member State have been implemented by the owner, the operator or the master of the ship to ensure safe entry.

Article 21

Professional profile of inspectors

1.  The inspections shall be carried out only by inspectors who fulfil the qualification criteria specified in Annex XII and who are authorised to carry out port State control by the competent authority.

2.  When the required professional expertise cannot be provided by the competent authority of the port State, the inspector of that competent authority may be assisted by any person with the required expertise.

3.  The competent authority, the inspectors carrying out port State control and the persons assisting them shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall the inspectors be employed by or undertake work on behalf of non-governmental organisations which issue statutory and classification certificates or which carry out the surveys necessary for the issue of those certificates to ships.

4.  Each inspector shall carry a personal document in the form of an identity card issued by his competent authority in accordance with Commission Directive 96/40/EC of 25 June 1996 establishing a common model for an identity card for inspectors carrying out port State control (11) .

5.  Member States shall ensure that the competence of inspectors is verified, and their knowledge as referred to in Annex XII is tested, before authorising them to carry out inspections and at intervals of five years thereafter.

6.  Member States shall ensure that inspectors receive appropriate training in relation to changes to the Community port State control regime as laid down in this Directive and amendments to the Conventions.

7.  In cooperation with Member States, the Commission shall develop and promote a harmonised Community scheme for the qualification and training of inspectors.

Article 22

Reports from pilots and port authorities

1.  Member States shall take appropriate measures to ensure that their pilots engaged on ships bound for a port or in transit within a Member State may immediately inform the competent authority of the port State or the coastal State, as appropriate, whenever they learn in the course of their normal duties that there are anomalies, findings or apparent defects which may prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine environment.

2.  If port authorities, when exercising their normal duties, learn that a ship within their port has anomalies, findings or apparent defects which may prejudice the safety of the ship or poses an unreasonable threat of harm to the marine environment, such authority shall immediately inform the competent authority of the port State concerned.

3.  Member States shall ensure that pilots and port authorities report the following information in electronic format whenever possible.

   ship information (name, IMO number, call sign and flag);
   sailing information (port of origin, port of destination);
   description of anomalies, findings or apparent defects found on board .

4.  The Commission may adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), measures for the implementation of this Article, including a harmonised electronic format and procedures for the reporting of anomalies, findings or apparent defects by pilots and port authorities and of follow-up action taken by Member States.

Article 23

Cooperation

1.  Each Member State shall ensure that its port authorities and other relevant authorities or bodies provide the competent port State control authority with the following types of information in their possession:

   information notified in accordance with Annex III;
   information concerning ships which have failed to comply with notification requirements in accordance with this Directive and with European Parliament and Council Directives 2000/59/EC of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (12) and 2002/59/EC, as well as, if appropriate, with Regulation (EC) No. 725/2004; 
   information concerning ships which have proceeded to sea without having complied with Article 7 or 10 of Directive 2000/59/EC; 
   information concerning ships which have been denied entry or expelled from port on security grounds. 

2.  Member States shall maintain provisions for the exchange of information and cooperation between their competent authority and the competent authorities of all other Member States and maintain the established operational link between their competent authority, the Commission and the inspection database.

Member States shall take all appropriate measures to ensure the updating of the inspection database in the light of the requirements arising from this Directive. 

For the purposes of carrying out inspections, inspectors shall consult the public and private databases relating to ship inspection accessible through the Equasis information system.

3.  Member States shall take all appropriate measures to ensure that the information related to inspections is transferred to the inspection database without delay. 

The information referred to in this paragraph shall be that specified in Annexes X and XIII .

4.  Each Member State shall ensure that the competent port State control authority provides port authorities with relevant information in their possession.

Article 24

Inspection database

1.  A database shall be established, which shall be a common database for both the European Union and the Paris MOU. The Commission shall develop and maintain the inspection database, with the assistance of the EMSA, showing the risk profiles of ships, indicating all ships due for inspection and calculating the inspection commitment. The database shall be capable of receiving ship movement data.

2.  The database shall also be used to classify Member States' ships in the white, grey and black lists in accordance with the method of calculation established by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 30(2).

3.  The core of the system shall be the joint EU/Paris MOU requirements. However, in the case of specific EU requirements, the Community shall have full discretion to take decisions on the development and possible adaptation of the system to meet such requirements.

4.  The inspection database shall be capable of adapting to future developments and of interfacing with other Community maritime safety databases and, where appropriate, with relevant national information systems.

5.  The inspection database shall, as appropriate, incorporate specific requirements from the Paris MOU and be capable of receiving information concerning inspections recorded by third States which are parties to the Paris MOU for the purposes of this Directive.

6.  The inspection database shall be accessible in "read only" mode to the administrations of Members of the IMO, to bodies under their responsibility and to the parties concerned. Such access shall be dependent on a confidentiality agreement similar to that required of inspectors of Member States.

Article 25

Publication of information

1.  The competent authority of each Member State shall take the necessary measures in order to ensure the publication of information related to inspections, detentions and refusals of access in accordance with Annex XIII .

2.  The provisions of this Article shall not affect national legislation on liability.

Article 26

Black-list on performance of ship operators and companies

The Commission shall establish and publish at least once a month, on a public website, information relating to companies whose performance, with a view to determining the ship risk profile as referred to in Annex I, part I, point (e), has been considered as poor or very poor for a period of three months or more .

The Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 30(2), adopt the rules required to implement this Article.

Article 27

Reimbursement of costs

1.  Should the inspections referred to in Articles 12 and 13 confirm or reveal deficiencies in relation to the requirements of a Convention warranting the detention of a ship, all costs relating to the inspections in any normal accounting period shall be covered by the shipowner or the operator or by his representative in the port State.

2.  All costs relating to inspections carried out by the competent authority of a Member State under the provisions of Article 20 (4) and Article 15 shall be charged to the owner or operator of the ship.

3.  In the case of detention of a ship, all costs relating to the detention in port shall be borne by the owner or operator of the ship.

4.  The detention shall not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.

Article 28

Data to monitor implementation

Member States shall provide the Commission and the EMSA with the information listed in Annex XIV at the intervals stated in that Annex.

Member States shall take all appropriate measures to ensure that the Commission and the EMSA have full and unrestricted access to all data administered by the inspection database referred to in Article 23 (2).

Article 29

Monitoring of compliance and performance of Member States

In order to ensure the effective implementation of this Directive and to monitor the overall functioning of the Community's port State control regime in accordance with Article 2(b)(i) of Regulation (EC) No 1406/2002, the Commission shall collect the necessary information and carry out visits to Member States.

Article 30

Committee

1.  The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 (13) .

2.  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 31

Amendment procedure

This Directive may, without broadening its scope, be amended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (2), in order to:

   a) adapt the Annexes on the basis of the experience gained from the implementation of this Directive and taking into account developments in the Paris MOU;
   b) adapt the Annexes, except Annex I, in order to take into account amendments which have entered into force to the Community legislation on maritime safety and security, and to the Conventions, Protocols, codes and resolutions of relevant international organisations and to the Paris MOU;
   c) amend the definitions in, and update the list of, international Conventions which are relevant for the purposes of this Directive.

The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 .

Article 32

Penalties

Member States shall lay down a system of penalties for the breach of national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided shall be effective, proportionate and dissuasive.

The Commission shall ensure that the penalties thus defined allow for uniform application of the inspection regime throughout the Community and do not create distortions between Member States.

Article 33  

Review

The Commission shall review the implementation of this Directive no later than 18 months after expiry of the time-limit for the transposition of this Directive. The review will examine, inter alia, the fulfilment of the overall Community inspection commitment laid down in Article 5, the number of port State control inspectors in each Member State, the number of inspections carried out and the functioning of the fair share mechanism for missed inspections laid down in Article 7 .

The Commission shall communicate the findings of the review to the European Parliament and the Council and shall determine on the basis of the review whether it is necessary to propose an amending Directive or further legislation in this area.

Article 34

Implementation and notification

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles […] and points […] of Annexes [….] [articles or subdivisions thereof, and points of Annexes which have been changed as to their substance by comparison with the earlier Directive] not later than 18 months after the date fixed in Article 36 .

2.  When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive[s] repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

3.  Member States shall communicate to the Commission the text of the main provisions of national law adopted in the field covered by this Directive.

4.  In addition, the Commission shall inform the European Parliament and the Council on a regular basis of progress in the implementation of the Directive within the Member States.

Article 35

Repeal

Directive 95/21/EC, as amended by the Directives listed in Annex XV , Part A, is repealed, with effect from ...(14) , without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex XV , Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XVI .

Article 36

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Articles […] and points […] of annexes […] [articles or subdivisions thereof, and points of annexes which are unchanged by comparison with the earlier Directive ] shall apply from ...(15) .

Article 37

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

Elements of the Community Port State Inspection Regime

(as referred to in Article 5 )

The following elements shall be included in the Community Port State Inspection Regime:

I.  Ship risk profile

The risk profile of a ship is determined by a combination of the following parameters:

1.  Generic parameters

(a)  Type of ship

Passenger ships, oil and chemical tankers, gas carriers and bulk carriers are considered as posing a higher risk.

(b)  Age of ship

Ships more than 12 years old are considered as posing a higher risk.

(c)  Flag State performance

(i)  Ships flying the flag of a State with a high detention rate within the EU and Paris MOU region are considered as posing a higher risk.

(ii)  Ships flying the flag of a State with a low detention rate within the EU and Paris MOU region are considered as posing a lower risk.

(iii)  Ships flying the flag of a State for which an independent audit has been carried out in accordance with the Framework and procedures for the Voluntary IMO Member State Audit Scheme and which has demonstrated compliance with the relevant instruments in accordance with the measures referred to in Article 9(3), third indent, or, until such measures have been adopted, provides evidence that a corrective action plan has been submitted, are considered as posing a lower risk.

(d)  Recognised organisations

(i)  Ships which have been delivered certificates from recognised organisations having a low or very low performance level in relation with their detention rates within the EU and the Paris MOU region are considered as posing a higher risk.

(ii)  Ships which have been delivered certificates from recognised organisations having a high performance level in relation with their detention rates within the EU and the Paris MOU region are considered as posing a lower risk.

(iii)  Ships with certificates issued by organisations recognised under the terms of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (16) are considered as posing a lower risk.

(e)  Company performance

(i)  Ships of a company with a low or very low performance as determined by its ships" deficiency and detention rates within the European Union and the Paris MOU region are considered as posing a higher risk.

(ii)  Ships of a company with a high performance as determined by its ships" deficiency and detention rates within the European Union and the Paris MOU region are considered as posing a lower risk.

2.  Historic parameters

(i)  Ships which have been detained more than once are considered as posing a higher risk.

(ii)  Ships which, during inspection(s) carried out within the past 36 months, have presented fewer than five deficiencies per inspection and have not been detained within the past 36 months are considered as posing a lower risk.

(iii)  Ships which have not been detained within the previous 36 months are considered as posing a lower risk.

The generic and historic risk parameters referred to in sections 1 and 2 shall be combined to determine the following ship risk profiles:

   high risk,
   standard risk,
   low risk.

In determining these risk profiles greater emphasis shall be given to the parameters for type of ship, flag State performance, recognised organisations and company performance.

II.   Inspection of ships

Ships calling at Community ports are subject to periodic inspections at regular intervals, and to additional inspections when unexpected factors arise.

1.  Periodic inspections

Periodic inspections shall be carried out at predetermined intervals. Their frequency shall be determined by the ship risk profile. The interval between periodic inspections of high risk ships shall not exceed six months. The interval between periodic inspections of ships of other risk profiles shall increase as the risk decreases.

Member States shall carry out a periodic inspection on:

   Any ship with a high risk profile which has not been inspected in a port of the European Union or of the Paris MOU region during the last six months. High risk ships become eligible for inspection as from the fifth month.
   Any ship with a standard risk profile which has not been inspected in a port of the European Union or of the Paris MOU region during the last 12 months. Standard risk ships become eligible for inspection as from the tenth month.
   Any ship with a low risk profile which has not been inspected in a port of the EU or of the Paris MOU region during the last 30 months . Low risk ships become eligible for inspection as from the 24th month.

2.  Additional inspections

Ships to which the following overriding or unexpected factors apply are subject to an inspection regardless of the period since their last periodic inspection.

2.1.  Overriding factors

Ships to which the following overriding factors apply shall be inspected regardless of the period since their last periodic inspection:

–  Ships which have been suspended or withdrawn from their class for safety reasons since the last inspection in the European Union or in the Paris MOU region.

–  Ships which have been the subject of a report or notification by another Member State.

–  Ships which cannot be identified in the inspection database.

–  Ships which:

   have been involved in a collision, grounding or stranding on their way to the port;
   have been accused of an alleged violation of the provisions on discharge of harmful substances or effluents, or
   have manoeuvred in an erratic or unsafe manner whereby routing measures, adopted by the IMO, or safe navigation practices and procedures have not been followed.

  Ships which have failed to comply with the relevant notification requirements referred to in Article 8 of this Directive, in Directive 2000/59/EC, Directive 2002/59/EC and if appropriate in Regulation (EC) N° 725/2004.

  Ships which have been reported with outstanding deficiencies, except those for which deficiencies had to be rectified within 14 days after departure, or for deficiencies which had to be rectified before departure .

2.2.  Unexpected factors

Ships to which the following unexpected factors apply shall be subject to inspection regardless of the period since their last periodic inspection. However, the decision to undertake such an additional inspection is left to the professional judgement of the inspector.

  Ships which have:

   been operated in such a manner as to pose a danger to persons, property or the environment, or
   not complied with recommendations on navigation through the entrances to the Baltic Sea as made in the Annexes to Resolution MSC.138(76) of the IMO.

  Ships carrying certificates issued by a formerly recognised organisation whose recognition has been withdrawn since the last inspection in the European Union or in the Paris MOU region.

–  Ships which have been reported by pilots or port authorities as having anomalies/findings or apparent defects which may prejudice their safe navigation or pose a threat of harm to the environment in accordance with Article 22 of this Directive.

–  Ships which have been the subject of a report or complaint by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded.

–  Ships which have been previously detained more than three months ago .

–  Ships which have been reported with problems concerning their cargo, in particular noxious and dangerous cargoes.

–  Ships which have been operated in such a manner as to pose a danger to persons, property or the environment.

  Ships where information from a reliable source became known that their risk parameters differ from the recorded ones and the risk level is thereby increased.

3.  Selection system

3.1.  Priority I vessels shall be inspected as follows:

  a) an expanded inspection shall be carried out:
   on all ships with a high risk profile which have not been inspected within the last six months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a standard risk profile which have not been inspected within the last 12 months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a low risk profile which have not been inspected within the last 36 months;
  b) an initial inspection or, where appropriate, a more detailed inspection shall be carried out:
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a standard risk profile which have not been inspected within the last 12 months,
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a low risk profile which have not been inspected within the last 36 months;
  c) where an overriding factor has arisen:
   a more detailed inspection or an expanded inspection, according to the inspector's professional judgement, shall be carried out on all ships with a high risk profile and on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old,
   a more detailed inspection shall be carried out on all ships more than 12 years old, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers.

3.2.  Priority II vessels shall be inspected as follows:

  a) an expanded inspection shall be carried out:
   on all ships with a high risk profile which have not been inspected within the last five months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a standard risk profile which have not been inspected within the last 10 months,
   on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old with a low risk profile which have not been inspected within the last 24 months;
  b) an initial inspection or, where appropriate, a more detailed inspection shall be carried out:
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a standard risk profile which have not been inspected within the last 10 months,
   on all ships, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers, more than 12 years old with a low risk profile which have not been inspected within the last 24 months;
  c) where an unexpected factor has arisen:
   a more detailed inspection or an expanded inspection, according to the inspector's professional judgement, shall be carried out on all ships with a high risk profile and on all passenger ships, oil and chemical tankers, gas carriers and bulk carriers more than 12 years old,
   a more detailed inspection shall be carried out on all ships more than 12 years old, other than passenger ships, oil and chemical tankers, gas carriers and bulk carriers.

ANNEX II

DESIGN OF SHIP RISK PROFILE

Profile

High Risk Ship (HRS)

Standard Risk Ship (SRS)

Low Risk Ship (LRS)

Generic Parameters

Criteria

Weighting points

Criteria

Criteria

1

Type of ship

Chemical tankship

Gas carrier

Oil tankship

Bulk carrier

Passenger ship

2

neither a high risk nor a low risk ship

All types

2

Age of ship

all types > 12 y

1

All ages

3a

Flag

BGW-list

Black - VHR HR,

M to HR

2

White

Black - MR

1

3b

IMO-Audit

-

-

Yes

4a

Recognized

Organisation

Performance

H

-

-

High

M

-

-

-

L

Low

1

-

VL

Very Low

-

4b

EU recognised

-

-

Yes

5

Company

Performance

H

-

-

High

M

-

-

-

L

Low

2

-

VL

Very low

-

Historic parameters

6

Number of def. recorded in each insp. within previous 36 months

Deficiencies

Not eligible

-

≤ 5 (and at least one inspection carried out in previous 36 months)

7

Number of Detention within previous 36 months

Detentions

≥ 2 detentions

1

No

detention

HRS are ships which meet criteria to a total value of 5 or more weighting points.

LRS are ships which meet all the criteria of the Low Risk Parameters.

SRS are ships which are neither HRS nor LRS.

ANNEX III

NOTIFICATION

Information to be provided in accordance with Article 8(2)

The information listed below shall be submitted to the port authority or to the authority or body designated for that purpose at least three days before the expected time of arrival in the port or anchorage or before leaving the previous port or anchorage if the voyage is expected to take fewer than three days:

   a) ship identification (name, call sign, IMO identification number or MMSI number);
   b) planned duration of the call and list of Community ports successively visited on the same voyage ;
  c) for tankers:
   i) configuration: single hull, single hull with SBT, double hull;
   ii) condition of the cargo and ballast tanks: full, empty, inerted;
   iii) volume and nature of the cargo;
   d) planned operations at the port or anchorage of destination (loading, unloading, other);
   e) planned statutory survey inspections and substantial maintenance and repair work to be carried out whilst in the port or anchorage of destination;
   f) date of last expanded inspection in the Paris MOU.

ANNEX IV

LIST OF CERTIFICATES AND DOCUMENTS

(as referred to in Article 12(2) )

1.  International Tonnage Certificate (1969).

2. –  Passenger Ship Safety Certificate;

–  Cargo Ship Safety Construction Certificate;

–  Cargo Ship Safety Equipment Certificate;

–  Cargo Ship Safety Radiotelegraphy Certificate;

–  Cargo Ship Safety Radiotelephony Certificate;

–  Cargo Ship Safety Radio Certificate;

–  Exemption certificate, including, where appropriate, the list of cargoes;

–  Cargo Ship Safety Certificate.

3.  International Ship Security Certificate (ISSC).

4.  Continuous Synopsis Record.

5.  International Certificate of Fitness for Carriage of Liquefied Gases in Bulk;

–  Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

6.  International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;

–  Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.

7.  International Oil Pollution Prevention Certificate.

8.  International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.

9.  International Load Line Certificate (1966);

–  International Load Line Exemption Certificate.

10.  Oil record book, parts I and II.

11.  Cargo record book.

12.  Minimum Safe Manning Document.

13.  Certificates or any other documents issued in accordance with the STCW Convention.

14.  Medical certificates, (see ILO Convention No. 73 concerning Medical Examination of Seafarers).

15.  Table of shipboard working arrangements (ILO Convention No. 180 and STCW 95).

16.  Records of hours of work and rest of seafarers (ILO Convention No. 180).

17.  Stability information.

18.  Copy of the Document of Compliance and the Safety Management Certificate issued, in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (SOLAS 74, Chapter IX).

19 .  Certificates as to the ship's hull strength and machinery installations issued by the recognised organisation in question (only to be required if the ship maintains its class with a recognised organisation).

20.  Document of compliance with the special requirements for ships carrying dangerous goods.

21.  High speed craft safety certificate and permit to operate high speed craft.

22 .  Dangerous goods special list or manifest, or detailed stowage plan.

23 .  Ship's log book with respect to the records of tests and drills, including security drills, and the log for records of inspection and maintenance of lifesaving appliances and arrangements and of fire fighting appliances and arrangements.

24 .  Special purpose ship safety certificate.

25 .  Mobile offshore drilling unit safety certificate.

26 .  For oil tankers, the record of oil discharge monitoring and control system for the last ballast voyage.

27 .  The muster list, fire control plan, and for passenger ships, a damage control plan.

28 .  Shipboard oil pollution emergency plan.

29 .  Survey report files (in case of bulk carriers and oil tankers).

30 .  Reports of previous port State control inspections.

31 .  For ro-ro passenger ships, information on the A/A-maximum ratio.

32 .  Document of authorisation for the carriage of grain.

33 .  Cargo securing manual.

34 .  Garbage management plan and garbage record book.

35 .  Decision support system for masters of passenger ships.

36 .  Search and rescue ( SAR) cooperation plan for passenger ships trading on fixed routes.

37 .  List of operational limitations for passenger ships.

38 .  Bulk carrier booklet.

39 .  Loading and unloading plan for bulk carriers.

40 .  Certificate of insurance or any other financial security in respect of civil liability for oil pollution damage (International Convention on Civil Liability for Oil Pollution Damage, 1992).

41.  Certificates required under Directive 2007 /.../EC of the European Parliament and of the Council of ... [on the civil liability and financial guarantees of shipowners](17) .

42.  Certificate required under Regulation (EC) No. .../2007 of the European Parliament and of the Council of ... [on the liability of carriers of passengers by sea and inland waterways in the event of accidents]+ .

ANNEX V

EXAMPLES OF " CLEAR GROUNDS" FOR A MORE DETAILED INSPECTION

(as referred to in Article 12(3) )

1.  Ships identified in Annex I part II, section 2 .

2.  The oil record book has not been properly kept.

3.  During examination of the certificates and other documentation, inaccuracies have been revealed.

4.  Indications that the crew members are unable to comply with the requirements related to on-board communication set out in Article 17 of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (18) .

5.  A certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued,

6.  The ship has a master, officer or rating holding a certificate issued by a country which has not ratified the STCW Convention.

7.  Evidence of cargo and other operations not being conducted safely, or in accordance with IMO guidelines, e.g. the content of oxygen in the inert-gas main supply to the cargo tanks is above the prescribed maximum level.

8.  Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.

9.  Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon the ship.

10.  The emission of false distress alerts not followed by proper cancellation procedures.

11.  The absence of principal equipment or arrangements required by the conventions.

12.  Excessively unsanitary conditions on board the ship.

13.  Evidence from the inspector's general impression and observations that serious hull or structural deterioration or deficiencies exist that may place at risk the structural, watertight or weathertight integrity of the ship.

14.  Information or evidence that the master or crew is not familiar with essential shipboard operations relating to the safety of ships or the prevention of pollution, or that such operations have not been carried out.

15.  The absence of a table of shipboard working arrangements or of records of hours of work or rest of seafarers.

ANNEX VI

PROCEDURES FOR THE CONTROL OF SHIPS

1.  Principles of safe manning (IMO Resolution A.890(21) as amended).

2.  The provisions of the International Maritime Dangerous Goods Code.

3.  ILO publication "Inspection of Labour Conditions on Board Ship: Guidelines for procedures" .

4.  Annex I, " Port State Control Procedures" to the Paris MOU and the relevant instructions or guidelines issued by the Paris MOU.

5.  IMO Resolution MSC.159(78) (adopted on 21 May 2004) "Interim guidance on control and compliance measures to enhance maritime security".

ANNEX VII

Procedures for the control of ships on security aspects

A.  Prior to boarding.

1.  This guidance applies only to ships mentioned in Articles 3(1) and 3(2) and, where appropriate, 3(3) of Regulation (EC) No. 725/2004, as long as they do not fly the flag of the port state of inspection.

2.  Inspectors should be aware of the security level of the port facility at which a ship is to be inspected.

3.  Reports or complaints relating to security received by inspectors prior to boarding the ship should be passed to the competent authority for maritime security(19) who will decide on priority for security inspection by an Officer Duly Authorised for Security.

4.  While the master of a ship has discretion for ship security, he is not entitled to deny access to a duly authorised inspector to carry out an inspection. There may be cases when it is mandatory to carry out a port State control inspection but the master attempts to limit the inspection on grounds of security. If the inspector considers this to be unreasonable he should consult the competent security authority.

5.  Inspectors should be aware that on a ship at security level 3 the protective measures set up may restrict the scope of the "safety" port State control inspection.

For example a full emergency drill may not be allowed. There may also be circumstances where the competent security authority restricts port State control activity.

B.  Initial inspection

During the initial inspection the inspector should:

   1. while approaching and boarding the ship and moving around the ship take note of security aspects as defined in the relevant guidelines of the Paris MOU, taking into account the security level imposed by the port and ship. Inspectors are not required to test the security system and should only consider those aspects which arise during the course of their normal business on board;
   2. check that the International Ship Security Certificate (ISSC) or the Interim ISSC is on board, valid and has been issued by the ship's Administration, an organisation authorised by it or by another State at the request of the Administration;
   3. ask the master with which security level the ship is complying and confirm that this is at least the level imposed by the port;
   4. when checking other documentation ask for evidence that security drills have been carried out at appropriate intervals – at least every 3 months but also after certain crew changes - (ISPS Code Part A section 13 and Part B paragraphs 13.6 and 13.7) and seek information on any exercise involving the ship;
  5. check the records of the last 10 calls at port facilities including any ship/port or ship/ship interfaces which should include for each interface:
   security level at which ship operated - any special or additional security measures that were taken,
   that appropriate ship security measures were maintained during any ship/ship activity.
   6. assess whether key members of the ship's personnel are able to communicate effectively with each other.

C.  Clear grounds

1.  The inspector may establish clear grounds for further control measures on security during the initial PSC inspection as follows:

   1.1. ISSC is not valid or it has expired
   1.2. The ship is at a lower security level than the port
   1.3. Drills related to the security of the ship have not been carried out
   1.4. Records for the last 10 ship/port or ship/ship interfaces are incomplete
   1.5. Evidence or observation that key members of ship's personnel cannot communicate with each other
   1.6. Evidence from observations that serious deficiencies exist in security arrangements
   1.7. Information from third parties such as a report or a complaint concerning security related information
   1.8. The ship holds a subsequent, consecutively issued Interim ISSC and in the professional judgement of the inspector one of the purposes of the ship or company in requesting such a certificate is to avoid full compliance with SOLAS 74 Chapter XI-2 and part A of the ISPS Code, beyond the period of the initial Interim Certificate. ISPS Code Part A specifies the circumstances when an Interim Certificate may be issued.

2.  If clear grounds as described above are established the inspector will immediately inform the competent security authority (unless the inspector is also a Officer Duly Authorised for Security). The competent security authority will then decide on what further control measures are necessary taking into account the security level in accordance with Regulation 9 of SOLAS 74 Chapter XI.

3.  Clear grounds other than those above are a matter for the Officer Duly Authorised for Security.

D.  Further control measures

1.  If there is no valid ISSC or Interim ISSC onboard, the inspector will detain the ship and apply the detention procedure in Annex XI of this Directive.

2.  All other control measures will be decided by the competent security authority. These are listed in SOLAS 74 Chapter XI-2.

3.  Subject to applicable requirements in Community legislation, national legislation and arrangements the competent security authority may request the inspector to make further verifications before coming to a decision or until Officers Duly Authorised for Security can board the ship.

These verifications should be limited to:

   a) verifying that a security plan is on board and that a ship security officer (SSO) is on board;
   b) verifying that the master and ship's personnel, in particular the SSO, duty officer and person(s) controlling access, are familiar with essential shipboard security procedures;
   c) verifying that communication has been established between the SSO and the Port Facility Security Officer;
  d) verifying that records exist for maintaining the ship's security system including:
   internal audits and reviews of security activities,
   periodic review of the ship security assessment,
   periodic review of the ship security plan,
   implementation of any amendments to the ship security plan,
   maintenance, calibration and testing of any security equipment provided on board including testing of the ship security alert system;
  e) checking records of any:
   security threats,
   breaches of security,
   changes in security levels,
   communications relating to the direct security of the ship.

4.  Where the only means to verify or rectify the non compliance is to review the relevant requirements of the ship security plan, limited access to specific sections of the plan relating to the non compliance is exceptionally allowed, but only with the consent of the flag State, or the master, of the ship concerned. These specific sections are listed in Part A of the ISPS Code.

5.  Some provisions of the plan relating to certain confidential information cannot be subject to inspection unless agreed by the flag State concerned.

These specific sections are listed in Part A of the ISPS Code.

6.  If the competent security takes further control actions which limit the scope of or prevent the completion of the "safety" port state control inspection the inspector should liaise with the competent security authority and endeavour to complete the safety inspection when the ship has been cleared. The principle of not unduly delaying a ship still applies. However the fact that security breaches have been found would normally justify the inspector completing the initial safety inspection or continuing where clear grounds for a more detailed inspection of non-security aspects have been found.

7.  If the competent security authority decides to expel the ship the inspector should ensure that the competent security authority is made fully aware of the possible safety and/or environmental consequences of the ship leaving the berth and/or putting to sea. This may include risks arising from the interruption of cargo operations. The competent security authority should decide on the necessary action taking account of all risks.

8.  If a ship is detained on non-security grounds but then expelled before the ship is finally released, the detention will count towards a refusal of access in accordance with Article 15 .

ANNEX VIII

PROCEDURES FOR EXPANDED INSPECTIONS OF SHIPS

(as referred to in Article 13

PROCEDURES RELATING TO EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS

Subject to their practical feasibility or any constraints relating to the safety of persons, the ship or the port, the following items at least must be part of an expanded inspection. Inspectors must be aware that it may jeopardise the safe execution of certain on-board operations, e.g. cargo handling, if tests having a direct effect thereon are required to be carried out during such operations.

1.   SHIPS IN GENERAL

   Simulated main power failure (black-out test),
   inspection of emergency lighting,
   operation of emergency fire-pump with two fire hoses connected to the fire main-line,
   operation of bilge pumps,
   closing of watertight doors,
   lowering of one lifeboat to the water,
   test of remote emergency stop for, e.g., boilers, ventilation and fuel pumps,
   testing of steering gear including auxiliary steering gear,
   inspection of emergency source of power to radio installations,
   inspection and, as far as, test of engine room separator.

2.  GAS AND CHEMICAL TANKERS

In addition to the items listed under point 1, the following items are to be considered as part of the expanded inspection for gas and chemical tankers:

   cargo tank monitoring and safety devices relating to temperature, pressure and ullage,
   oxygen analysing and explosimeter devices, including their calibration. Availability of chemical detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the specific cargo being carried,
   cabin escape sets giving suitable respiratory and eye protection for every person on board (if required by the products listed on the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk, as applicable),
   check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk, as applicable,
   the fixed fire-fighting installations on deck, whether they be foam or dry chemical or other as required by the product carried.
   3. BULK CARRIERS

In addition to the items listed under point 1, the following items are to be considered as part of the expanded inspection for bulk carriers:

   possible corrosion of deck machinery mountings,
   possible deformation and/or corrosion of hatch covers,
   possible cracks or local corrosion in transverse bulkheads,
   access to cargo holds,
   verification that the following documents are on board, review them and confirm that the flag State or classification society has endorsed them:
   1) reports of structural surveys,
   2) condition evaluation reports,
   3) thickness measurement reports,
   4) descriptive document referred to by IMO resolution A.744(18).
   4. OIL TANKERS

In addition to the items listed under point 1, the following items are to be considered as part of an expanded inspection of oil tankers:

   fixed deck foam system,
   fire-fighting equipment in general,
   inspection of fire dampers in engine room, pump room and accommodation,
   control of pressure of inert gas and oxygen content thereof,
   ballast tanks: at least one of the ballast tanks within the cargo area to be examined from tank manhole/deck access in first instance and entered if inspector establishes clear ground for further inspection,
   verification that the following documents are on board, review them and confirm that the flag State or classification society has endorsed them:
   1) reports of structural surveys,
   2) condition evaluation reports,
   3) thickness measurement reports,
   4) descriptive document referred to by IMO resolution A.744(18).
   5. PASSENGER SHIPS NOT COVERED BY DIRECTIVE 1999/35/EC

In addition to the items listed under point 1, the following items may also be considered as part of the expanded inspection for passenger ships:

   testing of fire detection and alarm system,
   testing of proper closing of fire doors,
   test of public address system,
   fire drill where, as a minimum, all sets of firemen's outfits must be demonstrated and part of the catering crew take part,
   demonstration that key crew members are acquainted with the damage control plan.

If deemed appropriate, the inspection may be continued while the ship is on passage to or from the port in the Member State, with the consent of the ship's master or the operator. Inspectors must not obstruct the operation of the ship, nor must they induce situations that, in the master's judgement, could endanger the safety of the passengers, the crew and the ship.

ANNEX IX

PROVISIONS CONCERNING REFUSAL OF ACCESS TO COMMUNITY PORTS

(as referred to in Article 15 )

A.  CRITERIA FOR REFUSAL OF ACCESS (as referred to in Article 15 (1))

1.  The refusal of access is applicable to any ship flying the flag of a State whose detention rate falls into the black list or grey list as defined by the Paris MOU which has been detained or issued with a prevention of operation order under Council Directive 99/35/EC more than twice in the course of the preceding 36 months in a port of a Member State or of a State signatory of the MOU.

2.  For the purposes of paragraph 1, the list defined by the Paris MOU shall enter into force as from 1 July each year.

B.  PROCEDURES RELATING TO REFUSAL OF ACCESS TO COMMUNITY PORTS (as referred to in Article 15 ( 2 ))

1.  If the conditions described in Point A are met, the competent authority of the port or anchorage in which the ship is detained for the third time shall inform the master of the ship in writing that a refusal of access order will be issued which will become applicable immediately after the ship has left the port or anchorage. The refusal of access order shall become applicable immediately after the ship has left the port or anchorage after the deficiencies leading to the detention have been remedied. 

2.  The competent authority shall send a copy of the order of refusal of access to the flag State administration, the recognised organisation concerned, the other Member States, and the other signatories to the MOU, the Commission and the Paris MOU Secretariat. The competent authority shall also update the inspection database with information on the refusal of access without delay.

3.  The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 4 to 10 are met.

If the ship is subject to a second refusal of access, the period shall be of twelve months. Any subsequent detention in a port of the Community shall result in the ship being permanently refused access in any port or anchorage within the Community.

4.  In order to have the access refusal order lifted, the owner or the operator must address a formal request to the competent authority of the Member State that imposed the access refusal order. This request must be accompanied by a document from the flag State administration issued following an on-board visit by a surveyor duly authorised by the flag State administration, showing that the ship fully conforms to the applicable provisions of the international C onventions. The flag State administration shall provide evidence to the competent authority that a visit on board has taken place.

5.  The request for the lifting of the access refusal order must also be accompanied, where appropriate, by a document from the classification society which has the ship in class following an on-board visit by a surveyor from the classification society, showing that the ship conforms to the class standards stipulated by that society. The classification society shall provide evidence to the competent authority that a visit on board has taken place. 

6.  The access refusal order may be lifted only, after the period of three months referred to in paragraph 3 above has elapsed and following a re-inspection of the ship at an agreed port or anchorage.

If the agreed port or anchorage is located in a Member State, the competent authority of that State may, at the request of the competent authority which issued the access refusal order, authorise the ship to enter the agreed port in order to carry out the re-inspection. In such cases, no cargo operations shall take place at the port until the refusal of access order has been lifted. 

7.  If the detention which led to the issue of a refusal of access order included deficiencies in the ship's structure, the competent authority which issued the refusal of access order may require that certain spaces, including cargo spaces and tanks, are made available for examination during the re-inspection.

8.  The re-inspection shall be carried out by the competent authority of the Member State that imposed the refusal of access order, or by the competent authority of the port of destination with the agreement of the competent authority of the Member State that imposed the refusal of access order. The competent authority may require up to 14 days notice for the re-inspection. Evidence shall be provided to the satisfaction of this Member State that the ship fully complies with the applicable requirements of the International Conventions.

9.  The re-inspection shall consist of an expanded inspection that must cover at least the relevant items of Annex VIII .

10 .  All costs of this expanded inspection will be borne by the owner or the operator.

11.  If the results of the expanded inspection satisfy the Member State in accordance with Annex VIII , the access refusal order must be lifted and the company of the ship informed thereof in writing.

12.  The competent authority shall also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the other signatories to the Paris MOU, the Commission and the Paris MOU Secretariat. The competent authority must also update the inspection database with information on the removal of the access without delay. 

13.  Information relating to ships that have been refused access to Community ports must be made available in the inspection database and published in conformity with the provisions of Article 25 and of Annex XIII .

ANNEX X

INSPECTION REPORT

(as referred to in Article 16 )

The inspection report must contain at least the following items.

I.  General

1.  Competent authority that wrote the report

2.  Date and place of inspection

3.  Name of the ship inspected

4.  Flag

5.  Type of ship (as indicated in the Safety Management Certificate) 

6.  IMO number

7.  Call sign

8.  Tonnage (gt)

9.  Deadweight tonnage (where relevant)

10.  Year of construction as determined on the basis of the date indicated in the ship's safety certificates

11.  The recognised organisation or recognised organisations, where relevant, which has/have issued to this ship the class certificates, if any

12.  The recognised organisation or recognised organisations and/or any other party which has/have issued to this ship certificates in accordance with the applicable conventions on behalf of the flag State

13.  Name and address of the ship's company or the operator

14.  Name and address of the charterer responsible for the selection of the ship and type of charter in the case of ships carrying liquid or solid cargoes in bulk

15.  Final date of writing the inspection report

16.  Indication that detailed information on an inspection or a detention may be subject to publication

II.  Information relating to inspection

1.  Certificates issued in application of the relevant international conventions, authority or organisation that issued the certificate(s) in question, including the date of issue and expiry

2.  Parts or elements of the ship that were inspected (in the case of more detailed or expanded inspection)

3.  Port and date of the last intermediate or annual survey and the name of the organisation which carried out the survey

4.  Type of inspection (inspection, more detailed inspection, expanded inspection)

5.  Nature of the deficiencies

6.  Measures taken

III.  Additional information in the event of detention

1.  Date of detention order

2.  Date of lifting the detention order

3.  Nature of the deficiencies warranting the detention order (references to Conventions, if relevant)

4.  Indication, where relevant, of whether the classification society or any other private body that carried out the survey has a responsibility in relation to the deficiencies which, alone or in combination, led to detention

5.  Measures taken

ANNEX XI

CRITERIA FOR DETENTION OF A SHIP

(as referred to in Article 18 (4) )

Introduction

Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria mentioned below in points 1 and 2.

Point 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 18(4)).

Where the ground for detention is the result of accidental damage suffered on the ship's voyage to a port, no detention order shall be issued, provided that:

   a) due account has been given to the requirements contained in Regulation I/11(c) of SOLAS 74 regarding notification to the flag State administration, the nominated surveyor or the recognised organisation responsible for issuing the relevant certificate;
   b) prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State administration;
   c) appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and
   d) the authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.

1.  Main criteria

When exercising his professional judgement as to whether or not a ship should be detained the inspector must apply the following criteria:

Timing:

Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port.

Criterion:

The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning to satisfy himself that they have been rectified before the ship sails.

The need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not impose such an obligation for every case. It implies that the authority must verify one way or another, preferably by a further visit, that the deficiencies have been rectified before departure.

2.  Application of main criteria

When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether:

   1. the ship has relevant, valid documentation;
   2. the ship has the crew required in the Minimum Safe Manning Document.

During inspection the inspector must further assess whether the ship and/or crew is able to:

   3. navigate safely throughout the forthcoming voyage;
   4. safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage;
   5. operate the engine room safely throughout the forthcoming voyage;
   6. maintain proper propulsion and steering throughout the forthcoming voyage;
   7. fight fires effectively in any part of the ship if necessary during the forthcoming voyage;
   8. abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage;
   9. prevent pollution of the environment throughout the forthcoming voyage;
   10. maintain adequate stability throughout the forthcoming voyage;
   11. maintain adequate watertight integrity throughout the forthcoming voyage;
   12. communicate in distress situations if necessary during the forthcoming voyage;
   13. provide safe and healthy conditions on board throughout the forthcoming voyage;
   14. provide the maximum of information in case of accident.

If the answer to any of these assessments is negative, taking into account all deficiencies found, the ship must be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.

3.  To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions and/or codes, which are considered of such a serious nature that they may warrant the detention of the ship involved. This list is not intended to be exhaustive.

3.1.  General

The lack of valid certificates and documents as required by the relevant instruments. However, ships flying the flag of States not party to a Convention (relevant instrument) or not having implemented another relevant instrument, are not entitled to carry the certificates provided for by the Convention or other relevant instrument. Therefore, absence of the required certificates should not by itself constitute reason to detain these ships; however, in applying the "no more favourable treatment" clause, substantial compliance with the provisions is required before the ship sails.

3.2.  Areas under the SOLAS 74 Convention

1.  Failure of the proper operation of propulsion and other essential machinery, as well as electrical installations.

2.  Insufficient cleanliness of engine room, excessive amount of oily-water mixtures in bilges, insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements.

3.  Failure of the proper operation of emergency generator, lighting, batteries and switches.

4.  Failure of the proper operation of the main and auxiliary steering gear.

5.  Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching arrangements.

6.  Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, firefighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use.

7.  Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.

8.  Absence, non-compliance or serious deterioration of lights, shapes or sound signals.

9.  Absence or failure of the proper operation of the radio equipment for distress and safety communication.

10.  Absence or failure of the proper operation of navigation equipment, taking the provisions of SOLAS 74 Regulation V/16.2 into account.

11.  Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that a type approved electronic chart display and information system (ECDIS) operating on official data may be used as a substitute for the charts.

12.  Absence of non-sparking exhaust ventilation for cargo pump rooms.

13.  Serious deficiency in the operational requirements, as described in Section 5.5 of Annex 1 to the Paris MOU.

14.  Number, composition or certification of crew not corresponding with the safe manning document.

15.  Failure to carry out the enhanced survey programme in accordance with SOLAS 74, Chapter XI, Regulation 2.

3.3.  Areas under the IBC Code

1.  Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.

2.  Missing or damaged high-pressure safety devices.

3.  Electrical installations not intrinsically safe or not corresponding to code requirements.

4.  Sources of ignition in hazardous locations.

5.  Contraventions of special requirements.

6.  Exceeding of maximum allowable cargo quantity per tank.

7.  Insufficient heat protection for sensitive products.

3.4.  Areas under the IGC Code

1.  Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.

2.  Missing closing devices for accommodation or service spaces.

3.  Bulkhead not gastight.

4.  Defective air locks.

5.  Missing or defective quick-closing valves.

6.  Missing or defective safety valves.

7.  Electrical installations not intrinsically safe or not corresponding to code requirements.

8.  Ventilators in cargo area not operable.

9.  Pressure alarms for cargo tanks not operable.

10.  Gas detection plant and/or toxic gas detection plant defective.

11.  Transport of substances to be inhibited without valid inhibitor certificate.

3.5.  Areas under the Load Lines Convention

1.  Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out.

2.  A recognised case of insufficient stability.

3.  The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses in the ship's structure are avoided.

4.  Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors.

5.  Overloading.

6.  Absence of draft mark or draft mark impossible to read.

3.6.  Areas under the Marpol Convention, Annex I

1.  Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements.

2.  Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.

3.  Oil Record Book not available.

4.  Unauthorised discharge bypass fitted.

5.  Survey report file missing or not in conformity with Regulation 13G(3)(b) of the Marpol Convention.

3.7.  Areas under the Marpol Convention, Annex II

1.  Absence of the P&A Manual.

2.  Cargo is not categorised.

3.  No cargo record book available.

4.  Transport of oil-like substances without satisfying the requirements or without an appropriately amended certificate.

5.  Unauthorised discharge bypass fitted.

3.8.  Areas under the Marpol Convention, Annex V

1.  Absence of the garbage management plan.

2.  No garbage record book available.

3.  Ship's personnel not familiar with disposal/discharge requirements of garbage management plan.

   3.9. Areas under the STCW Convention and Directive 2001/25/EC  

1.  Failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the flag State administration.

2.  Evidence that a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued. 

3.  Failure to comply with the applicable safe manning requirements of the flag state administration.

4.  Failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the flag State administration.

5.  Absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution.

6.  Failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution.

7.  Inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.

3.10.   Areas under the ILO Conventions

1.  Insufficient food for voyage to next port.

2.  Insufficient potable water for voyage to next port.

3.  Excessively unsanitary conditions on board.

4.  No heating in accommodation of a ship operating in areas where temperatures may be excessively low.

5.  Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations.

6.  Clear evidence that watch keeping and other duty personnel for the first watch or subsequent relieving watches are impaired by fatigue.

3.11.   Areas which may not warrant a detention, but where e.g. cargo operations have to be suspended

Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation.

ANNEX XII

MINIMUM CRITERIA FOR INSPECTORS

(as referred to in Article 21 (1) and (5)) 

1.  Inspectors must have appropriate theoretical knowledge and practical experience of ships and their operation. They must be competent in the enforcement of the requirements of international Conventions and of the relevant port State control procedures. This knowledge and competence in enforcing international and Community requirements must be acquired through documented training programmes including examination and revalidation at intervals specified in Article 21 .

2.  Inspectors must, as a minimum, have e ither:

   a) appropriate qualifications from a marine or nautical institution and relevant seagoing experience as a certificated ship officer holding or having held a valid STCW II/2 or III/2 certificate of competency; or
   b) passed an examination recognised by the competent Authority as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in that capacity for at least five years; or
   c) a relevant university degree or equivalent and have trained and qualified at a school for ship safety inspectors. 

3.  The inspector must have completed a minimum of one year's service as a flag-State inspector dealing with surveys and certification in accordance with the Conventions.

4.  The inspectors mentioned under 2(a) must have served for a period of not less than five years at sea as officers in the deck- or engine-department respectively.

5.  The inspectors must have the a bility to communicate orally and in writing with seafarers in the language most commonly spoken at sea.

6.  Inspectors not fulfilling the above criteria are also accepted if they are employed by the competent authority of a Member State for port State control at the date of adoption of this Directive.

7.  Where in a Member State inspections are performed by port State control inspectors; those inspectors shall have appropriate qualifications, which shall include sufficient theoretical and practical experience in maritime security. This shall normally include:

   a) a good understanding of maritime security and how it is applied to the operations being examined;
   b) a good working knowledge of security technologies and techniques;
   c) a knowledge of inspection principles, procedures and techniques;
   d) a working knowledge of the operations being examined.

ANNEX XIII

Publication of information related to inspections, detentions and refusals of access in ports of Member States

(as referred to in Article 25 (1) )

1.  Members States shall publish the information listed in paragraphs 3.1 and 3.2 below in a public website within 72 hours after the inspection has been completed or the detention has been lifted or the refusal of access has been imposed.

2.  The Commission shall publish regularly in a website the information relating to ships that have been refused access to Community ports in application of Articles 15 and 20 .

3.  Information published in accordance with Article 25 (1) must include the following:

   a) name of the ship,
   (b) IMO number,
   c) type of ship,
   d) tonnage (gt),
   e) year of construction as determined on the basis of the date indicated in the ship's safety certificates,
   f) name and address of the company of the ship,
   g) in the case of ships carrying liquid or solid cargoes in bulk, the name and address of the charterer responsible for the selection of the ship and the type of charter,
   h) flag State,
   i) class and statutory certificates issued in accordance with the relevant international Conventions, and the authority or organisation that issued each one of the certificates in question, including the date of issue and expiry,
   j) port and date of the last intermediate or annual survey for the certificates in point (i) above and the name of the authority or organisation which carried out the survey,
   k) date, country port or anchorage of detention.

4.  For ships which have been detained, information published in accordance with Article 19 must also include:

   a) number of detentions during the previous 36 months,
   b) date when the detention was lifted, 
   c) duration of detention, in days, 
   d) the reasons for detention, in clear and explicit terms, 
   e) indication, where relevant, of whether the recognised organisation that carried out the survey has a responsibility in relation to the deficiencies which, alone or in combination, led to detention, 
   f) description of the measures taken in the case of a ship which has been allowed to proceed to the nearest appropriate repair yard, 
   g) if the ship has been refused access to any port within the Community, the reasons for the measure in clear and explicit terms.  

ANNEX XIV

Data provided in the context of monitoring implementation

(as referred to in Article 28

1.  Every year Member States must provide the Commission with the following data for the preceding year by 1 July at the latest.

1.1.  Number of inspectors acting on their behalf in the framework of port State control

This information must be communicated to the Commission using the following model table.1 2  

Port/area

Number of full-time inspectors

 (A) 

number of part-time inspectors

 (B) 

Conversion of (B)  to full-time

 (C) 

 Total 

 (A+C) 

Port X …

Port Y …

TOTAL

1 Where the inspections carried out in the context of port State control represent only part of the inspectors" work, the total number of inspectors must be converted to a number equivalent to full-time inspectors. Where the same inspector works in more than one port or geographical area the applicable part-time equivalent must be counted in each port.

2 This information must be provided at national level and for each port of the Member State concerned. For the purposes of this Annex, a port is taken to mean an individual port and the geographical area covered by an inspector or team of inspectors, comprising several individual ports where appropriate.

1.2.  Total number of individual ships that entered their ports at national level. The figure shall be the number of foreign ships covered by the Directive that entered their ports at national level counted only once. 

2.  Member States must:

   a) provide the Commission every three months with a list of movements of individual ships, other than regular passenger and freight ferry services, that entered their ports or which have notified to a port authority their arrival in an anchorage, containing for each movement of the ship its IMO number, its date of arrival and the port or anchorage. The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the above mentioned information. The list shall be provided within 4 months from the end of the period to which data pertained, 
and
   b) provide the Commission with separate lists of regular passenger ferry services and regular freight ferry services referred to in point (a), not later than six months following the implementation of this Directive, and thereafter each time changes take place in such services. The list shall contain for each ship its IMO number, its name and the route covered by the ship. The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the above mentioned information. 

ANNEX XV

Part A

Repealed Directive with its successive amendments

(as referred to in Article 35 )

Council Directive 95/21/EC

(OJ L 157, 7.7.1995, p. 1)

Council Directive 98/25/EC

(OJ L 133, 7.5.1998, p. 19)

Commission Directive 98/42/EC

(OJ L 184, 27.6.1998, p. 40)

Commission Directive 1999/97/EC

(OJ L 331, 23.12.1999, p. 67)

Directive 2001/106/EC of the European Parliament and of the Council

(OJ L 19, 22.1.2002, p. 17)

Directive 2002/84/EC of the European Parliament and of the Council

(OJ L 324, 29.11.2002, p. 53)

Only Article 4

Part B

LIST OF TIME-LIMITS FOR TRANSPOSITION INTO NATIONAL LAW

(as referred to in Article 35 )

Directive

Time-limit for transposition

Directive 95/21/EC

30 June 1996

Directive 98/25/EC

30 June 1998

Directive 98/42/EC

30 September 1998

Directive 1999/97/EC

13 December 2000

Directive 2001/106/EC

22 July 2003(20)

Directive 2002/84/EC

23 November 2003

ANNEX XVI

CORRELATION TABLE

Directive 95/21/EC

This Directive

Article 1, introductory words

Article 1, introductory words

Article 1, first indent

Article 1(a)

Article 1, second indent

Article 1(b)

Article 2, introductory words

Article 2, introductory words

Article 2(1), introductory words

Article 2(1), introductory words

Article 2(1), first indent

Article 2(1)(a)

Article 2(1), second indent

Article 2(1)(b)

Article 2(1), third indent

Article 2(1)(c)

Article 2(1), fourth indent

Article 2(1)(d)

Article 2(1), fifth indent

Article 2(1)(e)

Article 2(1), sixth indent

Article 2(1)(f)

Article 2(1), seventh indent

Article 2(1)(g)

Article 2(1), eighth indent

Article 2(1)(h)

Article 2(2)

Article 2(2)

-

Article 2(5 )

Article 2(3)

Article 2(6 )

Article 2(4)

Article 2(8 )

-

Article 2(9 )

Article 2(5)

Article 2(10 )

-

Article 2(11 )

-

-

Article 2(6)

Article 2(13 )

Article 2(7)

Article 2(14 )

Article 2(8)

-

-

Article 2(16 )

Article 2(9)

Article 2(17 )

-

Article 2(18 )

Article 2(10)

-

-

Article 2(20 )

-

Article 2(21 )

-

Article 2(22 )

Article 3(1)

Article 3(1)

-

Article 4(1)

Article 4

Article 4(2), first subparagraph

-

-

-

-

Article 5(1)

-

-

-

Article 5(2) to 5(5)

-

-

Article 8

Article 6

Article 12

Article 7(1) and (2)

-

Article 7(3)(a)

-

Article 7(3)(b)

-

Article 7(4), first subparagraph

-

Article 7(4), second subparagraph

-

Article 7(5)

-

Article 7(6)

-

Article 7a(1)

-

Article 7a(2)

-

-

-

Article 7a(3) to (5)

-

Article 7b(1) and (2)

-

Article 7b(3)

-

Article 8

Article 16

-

Article 17

Article 9(1) and (2)

Article 18(1) and (2)

-

Article 18(3)

Article 9(3) to (7)

Article 18(4) to (8)

-

Article 18(9)

Article 9a

-

Article 10(1) to (3)

-

-

Article 19(4)

Article 11(1)

Article 20(1)

-

Article 20(2)

Article 11(2)

Article 20(3), first subparagraph

Article 11(3) first subparagraph

-

Article 11(3) second subparagraph

Article 20(3), second subparagraph

Article 11(4) to (6)

Article 20(4) to (6)

Article 12(1) to (3)

Article 21(1) to (3)

Article 12(4) first subparagraph

Article 21(4), first subparagraph

Article 12(4) second subparagraph

-

-

Article 21(5) to (7)

Article 13(1)

Article 22(1)

Article 13(2)

Article 22(2)

-

Article 22(3)

Article 14(1)

Article 23(1)

Article 14(2) first subparagraph

Article 23(2) , first subparagraph

-

Article 23(2) , second subparagraph

Article 14(2) second subparagraph

Article 23(2) , third subparagraph

Article 14(3)

Article 23(3)

Article 15(1)

Article 25(1)

Article 15(2) to (4)

-

Article 15(5)

Article 25(2)

-

Article 26

Article 16(1) and (2)

Article 27(1) and (2)

Article 16(2a)

Article 27(3)

Article 16(3)

Article 27(4)

Article 17

Article 28(1)

-

Article 28(2)

-

Article 29

Article 18

Article 30

Article 19

Article 31

Article 19a

Article 32

Article 3 Directive 2001/106/EC

Article 33

Article 20

Article 34

-

Article 35

Article 21

Article 36

Article 22

Article 37

Annex I

-

-

Annex I

-

Annex III

Annex II

Annex IV

Annex III

Annex V

Annex IV

Annex VI

-

Annex VII

Annex V

Annex VIII

Annex VI

Annex XI

Annex VII

Annex XII

Annex VIII

Annex XIII

Annex IX

Annex X

Annex X

Annex XIV

Annex XI

Annex IX

Annex XII

-

-

Annex XV

-

Annex XVI

(1)1 OJ C 318, 23.12.2006, p. 195.
(2)2 OJ C 229, 22.9.2006, p. 38.
(3)3 Position of the European Parliament of 25 April 2007.
(4)4 OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(5) OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 1891/2006 (OJ L 394, 30.12.2006, p. 1) .
(6) OJ L 138, 1.6.1999, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(8) OJ C 321, 31.12.2003, p. 1.
(9) OJ L 129, 29.4.2004, p. 6.
(10) OJ L 208, 5.8.2002, p. 10.
(11) OJ L 196, 7.8.1996, p. 8.
(12) OJ L 332, 28.12.2000, p. 81. Directive as amended by Directive 2002/84/EC ( OJ L 324, 29.11.2002, p. 53).
(13) OJ L 324, 29.11.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 93/2007 (OJ L 22, 31.1.2007, p. 12).
(14)* Date of entry into force of this Directive.
(15)* Date of entry into force of this Directive.
(16) OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
(17)+ OJ: Please insert number.
(18) OJ L 136, 18.5.2001, p. 17. Directive as last amended by Directive 2005/45/EC (OJ L 255, 30.9.2005, p. 160).
(19) The Authority designated by the State for the application of security measures.
(20) Under Article 3 of Directive 2001/106/EC, the Commission shall review the implementation of this Directive no later than 22 July 2006. The review will examine, inter alia, the number of port State control inspectors in each Member State and the number of inspections carried out, including mandatory expanded inspections. The Commission shall communicate the findings of the review to the European Parliament and the Council and shall determine on the basis of the review whether it is necessary to propose an amending Directive or further legislation in this area.

Last updated: 8 February 2011Legal notice