(a) increasing compliance with international and relevant Community legislation on maritime safety, maritime security, protection of the marine environment and on-board living and working conditions of ships of all flags; (b) establishing common criteria for control of ships by the port State and harmonising procedures on inspection and detention, building upon the expertise and experience under the Paris MOU; (c) implementing within the Community a port State control system based on the inspections performed within the Community and the Paris MOU region, aiming at the inspection of all ships with a frequency depending on their risk profile, with ships posing a higher risk being subject to a more detailed inspection carried out at more frequent intervals.
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (Text with EEA relevance)
Modified by
- Directive 2013/38/EU of the European Parliament and of the Councilof 12 August 2013amending Directive 2009/16/EC on port State control(Text with EEA relevance), 32013L0038, August 14, 2013
- Regulation (EU) No 1257/2013 of the European Parliament and of the Councilof 20 November 2013on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC(Text with EEA relevance), 32013R1257, December 10, 2013
- Regulation (EU) 2015/757 of the European Parliament and of the Councilof 29 April 2015on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC(Text with EEA relevance), 32015R0757, May 19, 2015
Corrected by
- Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, 32009L0016R(01), February 1, 2013
1. "Conventions" means the following Conventions, 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 78/95); (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); (i) the Maritime Labour Convention, 2006 (MLC 2006); (j) the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS 2001); (k) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention, 2001).
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 signatories 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. "Ship/port interface" means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship. 7. "Ship at anchorage" means a ship in a port or another area within the jurisdiction of a port, but not at berth, carrying out a ship/port interface. 8. "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. 9. "Competent authority" means a maritime authority responsible for port State control in accordance with this Directive. 10. "Night time" means any period of not less than seven hours, as defined by national law, and which must include, in any case, the period between midnight and 5.00. 11. "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 13(1). 12. "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 13(3), to an in-depth examination covering the ship’s construction, equipment, manning, living and working conditions and compliance with on-board operational procedures. 13. "Expanded inspection" means an inspection, which covers at least the items listed in Annex VII. An expanded inspection may include a more detailed inspection whenever there are clear grounds in accordance with Article 13(3). 14. "Complaint" means any information or report submitted by any person or organisation with a legitimate interest in the safety of the ship, including an interest in safety or health hazards to its crew, on-board living and working conditions and the prevention of pollution. 15. "Detention" means the formal prohibition for a ship to proceed to sea due to established deficiencies which, individually or together, make the ship unseaworthy. 16. "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. 17. "Stoppage of an operation" means a formal prohibition for a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous. 18. "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. 19. "Recognised Organisation" means a classification company or other private body, carrying out statutory tasks on behalf of a flag State administration. 20. "Statutory certificate" means a certificate issued by or on behalf of a flag State in accordance with Conventions. 21. "Classification certificate" means a document confirming compliance with SOLAS 74, Chapter II-1, Part A-1, Regulation 3-1. 22. "Inspection database" means the information system contributing to the implementation of the port State control system within the Community and concerning the data related to inspections carried out in the Community and the Paris MOU region. 23. "Maritime labour certificate" means the certificate referred to in Regulation 5.1.3 of MLC 2006. 24. "Declaration of maritime labour compliance" means the declaration referred to in Regulation 5.1.3 of MLC 2006.
(a) inspect all Priority I ships, referred to in Article 12(a), calling at its ports and anchorages; and (b) carry out annually a total number of inspections of Priority I and Priority II ships, referred to in Article 12(a) and (b), corresponding at least to its share of the total number of inspections to be carried out annually within the Community and the Paris MOU region. The inspection share of each Member State shall be based on the number of individual ships calling at ports of the Member State concerned in relation to the sum of the number of individual ships calling at ports of each State within the Community and the Paris MOU region.
(a) 5 % of the total number of Priority I ships with a high risk profile calling at its ports and anchorages; (b) 10 % of the total number of Priority I ships other than those with a high risk profile calling at its ports and anchorages.
(a) 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 in the Community or the Paris MOU region in between and the postponement is not more than 15 days; or (b) if the inspection may be carried out in another port of call within the Community or the Paris MOU region within 15 days, provided the State in which such port of call is located has agreed in advance to perform the inspection.
(a) 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; or (b) the ship call takes place only during night time. In this case Member States shall take the measures necessary to ensure that ships which call regularly during night time are inspected as appropriate.
(a) the ship is inspected in another port or anchorage within the Community or the Paris MOU region in accordance with Annex I within 15 days; or (b) the ship call takes place only during night time or its duration is too short for the inspection to be carried out satisfactorily, and the reason for missing the inspection is recorded in the inspection database; or (c) 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, and the reason for missing the inspection is recorded in the inspection database.
(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.1 and Annex II. (b) Historical parameters Historical parameters shall be based on the number of deficiencies and detentions during a given period in accordance with Annex I, Part I.2 and Annex II.
(a) Ships shall be subject to periodic inspections at predetermined intervals depending on their risk profile in accordance with Annex I, Part I. The interval between periodic inspections of ships shall increase as the risk decreases. For high risk ships, this interval shall not exceed six months. (b) Ships shall be subject to additional inspections regardless of the period since their last periodic inspection as follows: the competent authority shall ensure that ships to which overriding factors listed in Annex I, Part II 2A, apply are inspected, ships to which unexpected factors listed in Annex I, Part II 2B, apply may be inspected. The decision to undertake such an additional inspection is left to the professional judgement of 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 3A; (b) may select ships which are eligible for inspection, referred to as "Priority II" ships, in accordance with Annex I, Part II 3B.
1. On each initial inspection of a ship, the competent authority shall ensure that the inspector, as a minimum: (a) checks the certificates and documents listed in Annex IV required to be kept on board in accordance with Community maritime legislation and Conventions relating to safety and security; (b) verifies, where appropriate, whether outstanding deficiencies found during the previous inspection carried out by a Member State or by a State signatory to the Paris MOU have been rectified; (c) satisfies himself of the overall condition of the ship, including the hygiene of the ship, including engine room and accommodation.
2. When, after an inspection referred to in point 1, deficiencies to be rectified at the next port of call have been recorded in the inspection database, the competent authority of such next port may decide not to carry out the verifications referred to in point 1(a) and (c). 3. 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 point 1, that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention. "Clear grounds" shall 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.
ships with a high risk profile, passenger ships, oil tankers, gas or chemical tankers or bulk carriers, older than 12 years of age, ships with a high risk profile or passenger ships, oil tankers, gas or chemical tankers or bulk carriers, older than 12 years of age, in cases of overriding or unexpected factors, ships subject to a re-inspection following a refusal of access order issued in accordance with Article 16.
flies the flag of a State whose detention rate falls into the black list, adopted in accordance with 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 has been 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 or anchorage of a Member State or of a State signatory of the Paris MOU, or flies the flag of a State whose detention rate falls into the grey list, adopted in accordance with the Paris MOU on basis of information recorded in the inspection database and as published annually by the Commission, and has been detained or has been issued with a prevention of operation order under Directive 1999/35/EC more than twice in the course of the preceding 24 months in a port or anchorage of a Member State or of a State signatory of the Paris MOU,
the ship flies the flag of a State whose detention rate falls neither into the black list nor the grey list referred to in paragraph 1, the statutory and classification certificates of the ship are issued by an organisation or organisations recognised under Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (recast)See page 11 of this Official Journal. the ship is managed by a company with a high performance according to Annex I, Part I.1, and the conditions in paragraphs 3 to 9 of Annex VIII are met.
(a) notify a representative of the flag State; (b) provide the competent authorities of the next port of call with the relevant information.
(a) Member States shall ensure that the inspection database is amended accordingly without delay; (b) the Member State where the detention order or refusal of access order is issued shall, within 24 hours of such a decision, ensure that the information published in accordance with Article 26 is rectified.
(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.
ship information (name, IMO identification number, call sign and flag), sailing information (last port of call, port of destination), description of apparent anomalies found on board.
information notified in accordance with Article 9 and Annex III, information concerning ships which have failed to notify any information according to the requirements of this Directive, and to Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residuesOJ L 332, 28.12.2000, p. 81 .information concerning ships which have proceeded to sea without having complied with Articles 7 or 10 of Directive 2000/59/EC, information concerning ships which have been denied entry or expelled from port on security grounds, information on apparent anomalies in accordance with Article 23.
(a) adapt the Annexes, except Annex I, in order to take into account amendments to Community legislation on maritime safety and security which have entered into force, and the Conventions, international codes and resolutions of relevant international organisations and developments in the Paris MOU; (b) amend the definitions referring to Conventions, international codes and resolutions and Community legislation which are relevant for the purposes of this Directive.
(a) Type of ship Passenger ships, oil and chemical tankers, gas carriers and bulk carriers shall be considered as posing a higher risk. (b) Age of ship Ships of more than 12 years old shall be 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 Community and the Paris MOU region shall be considered as posing a higher risk. (ii) Ships flying the flag of a State with a low detention rate within the Community and the Paris MOU region shall be considered as posing a lower risk. (iii) Ships flying the flag of a State for which an audit has been completed and, where relevant, a corrective action plan submitted, both in accordance with the Framework and procedures for the Voluntary IMO Member State Audit Scheme shall be considered as posing a lower risk. As soon as the measures referred to in Article 10(3) are adopted, the flag State of such a ship shall demonstrate compliance with the Code for the implementation of mandatory IMO instruments.
(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 Community and the Paris MOU region shall be 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 Community and the Paris MOU region shall be considered as posing a lower risk. (iii) Ships with certificates issued by organisations recognised under the terms of Regulation (EC) No 391/2009.
(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 Community and the Paris MOU region shall be 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 Community and the Paris MOU region shall be considered as posing a lower risk.
(i) Ships which have been detained more than once shall be considered as posing a higher risk. (ii) Ships which, during inspection(s) carried out within the period referred to in Annex II have had less than the number of deficiencies referred to in Annex II, shall be considered as posing a lower risk. (iii) Ships which have not been detained during the period referred to in Annex II, shall be considered as posing a lower risk.
high risk, standard risk, low risk.
Any ship with a high risk profile which has not been inspected in a port or anchorage within the Community 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 or anchorage within the Community or of the Paris MOU region during the last 12 months. Standard risk ships become eligible for inspection as from the 10th month. Any ship with a low risk profile which has not been inspected in a port or anchorage within the Community or of the Paris MOU region during the last 36 months. Low risk ships become eligible for inspection as from the 24th month.
Ships which have been suspended or withdrawn from their class for safety reasons since the last inspection in the Community 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 not complied with the applicable version of IMO Recommendation on navigation through the entrances to the Baltic Sea. Ships carrying certificates issued by a formerly recognised organisation whose recognition has been withdrawn since the last inspection in the Community or in the Paris MOU region. Ships which have been reported by pilots or port authorities or bodies as having apparent anomalies which may prejudice their safe navigation or pose a threat of harm to the environment in accordance with Article 23 of this Directive. Ships which have failed to comply with the relevant notification requirements referred to in Article 9 of this Directive, in Directive 2000/59/EC, Directive 2002/59/EC and if appropriate in Regulation (EC) No 725/2004. Ships which have been the subject of a report or complaint, including an onshore complaint, by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, on-board 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 outstanding deficiencies, except those for which deficiencies had to be rectified within 14 days after departure, and for deficiencies which had to be rectified before departure. Ships which have been reported with problems concerning their cargo, in particular noxious and dangerous cargoes. Ships which have been operated in a manner posing a danger to persons, property or the environment. Ships where information from a reliable source became known, to the effect that their risk parameters differ from those recorded and the risk level is thereby increased. Ships for which a plan of action to rectify deficiencies as referred to in Article 19(2a) has been agreed but in respect of which the implementation of that plan has not been checked by an inspector.
(a) An expanded inspection shall be carried out on: any ship with a high risk profile not inspected in the last six months, any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 12 months.
(b) An initial or a more detailed inspection, as appropriate, shall be carried out on: any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 12 months.
(c) In case of an overriding factor: A more detailed or an expanded inspection, according to the professional judgement of the inspector, shall be carried out on any ship with a high risk profile and on any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age. A more detailed inspection shall be carried out on any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age.
(a) An expanded inspection shall be carried out on: any ship with a high risk profile not inspected in the last five months, any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 10 months, or any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, with a low risk profile not inspected in the last 24 months.
(b) An initial or a more detailed inspection, as appropriate, shall be carried out on: any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 10 months, or any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age, with a low risk profile not inspected in the last 24 months.
(c) In case of an unexpected factor: a more detailed or an expanded inspection according to the professional judgement of the inspector, shall be carried out on any ship with a high risk profile or any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, a more detailed inspection shall be carried out on any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age.
| Profile | |||||||
|---|---|---|---|---|---|---|---|
| High Risk Ship (HRS) | Standard Risk Ship (SRS) | Low Risk Ship (LRS) | |||||
| Generic parameters | Criteria | Weighting points | Criteria | Criteria | |||
| 1 | Type of 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 | Recognised 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 | - | |||||
| Historical parameters | |||||||
| 6 | Number of deficiencies 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 detentions within previous 36 months | Detentions | ≥ 2 detentions | 1 | No detention | ||
(a) ship identification (name, call sign, IMO identification number or MMSI number); (b) planned duration of the call; (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 of destination; (f) date of last expanded inspection in the Paris MOU region.
1. International Tonnage Certificate (1969). 2. Passenger Ship Safety Certificate, Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment 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 required in accordance with the provisions of the STCW 78/95. 14. Medical certificates (see MLC 2006). 15. Table of shipboard working arrangements (see MLC 2006 and STCW 78/95). 16. Records of hours of work and rest of seafarers (see MLC 2006). 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. 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 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claimsSee page 128 of this Official Journal. 42. Certificate required under Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidentsSee page 24 of this Official Journal. 43. International Air Pollution Prevention Certificate. 44. International Sewage Pollution Prevention Certificate. 45. Maritime labour certificate. 46. Declaration of maritime labour compliance, parts I and II. 47. International Anti-Fouling System Certificate. 48. Certificate of insurance or other financial security in respect of civil liability for bunker oil pollution damage. 49. A certificate on the inventory of hazardous materials or a statement of compliance as applicable pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1 ).50. Document of Compliance issued under Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/ECOJ L 123, 19.5.2015, p. 55 .
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 the 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 International Ship Security Certificate (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 specify the circumstances when an Interim Certificate may be issued.
Instruction 33/2000/02: Operational Control on Ferries and Passenger Ships, Instruction 35/2002/02: Guidelines for PSCOs on Electronic Charts, Instruction 36/2003/08: Guidance for Inspection on Working and Living Conditions, Instruction 37/2004/02: Guidelines in Compliance with STCW 78/95 Convention as Amended, Instruction 37/2004/05: Guidelines on the Inspection of Hours of Work/Rest, Instruction 37/2004/10: Guidelines for Port State Control Officers on Security Aspects, Instruction 38/2005/02: Guidelines for PSCO’s Checking a Voyage Data Recorder (VDR), Instruction 38/2005/05: Guidelines on MARPOL 73/78 Annex I, Instruction 38/2005/07: Guidelines on Control of the Condition Assessment Scheme (CAS) of Single Hull Oil Tankers, Instruction 39/2006/01: Guidelines for the Port State Control Officer on the ISM-Code, Instruction 39/2006/02: Guidelines for Port State Control Officers on Control of GMDSS, Instruction 39/2006/03: Optimisation of Banning and Notification Checklist, Instruction 39/2006/10: Guidelines for PSCOs for the Examination of Ballast Tanks and Main Power Failure Simulation (black-out test), Instruction 39/2006/11: Guidance for Checking the Structure of Bulk Carriers, Instruction 39/2006/12: Code of Good Practice for Port State Control Officers, Instruction 40/2007/04: Criteria for Responsibility Assessment of Recognised Organisations (R/O), Instruction 40/2007/09: Guidelines for Port State Control Inspections for Compliance with Annex VI of MARPOL 73/78.
Documentation. Structural condition. Weathertight condition. Emergency systems. Radio communication. Cargo operations. Fire safety. Alarms. Living and working conditions. Navigation equipment. Life saving appliances. Dangerous goods. Propulsion and auxiliary machinery. Pollution prevention.
(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. the ship has relevant, valid documentation; 2. the ship has the crew required in the Minimum Safe Manning Document.
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.
(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 not limited as regards the operating area or propulsion power or tonnage; 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 properly trained and qualified as ship safety inspectors.
completed a minimum of one year’s service as a flag-State inspector either dealing with surveys and certification in accordance with the Conventions or involved in the monitoring of the activities of recognised organisations to which statutory tasks have been delegated, or gained an equivalent level of competence by following a minimum of one year’s field training participating in Port State Control inspections under the guidance of experienced Port State Control Officers.
(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.
incorporate inspection data of Member States and all signatories to the Paris MOU, provide data on the ship risk profile and on ships due for inspections, calculate the inspection commitments for each Member State, produce the white as well as the grey and black list of flag States, referred to in Article 16(1), produce data on the performance of companies, identify the items in risk areas to be checked at each inspection.
(a) name of the ship; (b) IMO identification 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) classification and statutory certificates issued in accordance with the relevant 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 of detention.
(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 or anchorage within the Community, the reasons for the measure in clear and explicit terms.
| Port/area | ||||
|---|---|---|---|---|
| Port X/or Area X … | ||||
| Port Y/or Area Y … | ||||
| TOTAL |
(a) provide the Commission every six months with a list of calls at port of individual ships, other than regular passenger and freight ferry services, that entered their ports or which have notified to a port authority or body their arrival in an anchorage, containing for each movement of the ship its IMO identification number, its date of arrival and the port. The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the abovementioned 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 identification 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 abovementioned information.
| Only Article 4 |
| Directive | Time limit for transposition |
|---|---|
| Directive 95/21/EC | |
| Directive 98/25/EC | |
| Directive 98/42/EC | |
| Directive 1999/97/EC | |
| Directive 2001/106/EC | |
| Directive 2002/84/EC |
| Directive 95/21/EC | This Directive |
|---|---|
| Article 1, introductory wording | Article 1, introductory wording |
| Article 1, first indent | Article 1(a) |
| Article 1, second indent | Article 1(b) |
| – | Article 1(c) |
| Article 2, introductory wording | Article 2, introductory wording |
| Article 2(1), introductory wording | Article 2(1), introductory wording |
| 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(3) |
| – | Article 2(4) |
| Article 2(3) | Article 2(5) |
| Article 2(4) | – |
| – | Article 2(6) |
| – | Article 2(7) |
| Article 2(5) | Article 2(8) |
| – | Article 2(9) |
| – | Article 2(10) |
| Article 2(6) | Article 2(11) |
| Article 2(7) | Article 2(12) |
| Article 2(8) | Article 2(13) |
| – | Article 2(14) |
| Article 2(9) | Article 2(15) |
| – | Article 2(16) |
| Article 2(10) | Article 2(17) |
| – | Article 2(18) |
| – | Article 2(19) |
| – | Article 2(20) |
| – | Article 2(21) |
| – | Article 2(22) |
| Article 3(1), first subparagraph | Article 3(1), first subparagraph |
| – | Article 3(1), second subparagraph |
| – | Article 3(1), third subparagraph |
| Article 3(1), second subparagraph | Article 3(1), fourth subparagraph |
| – | Article 3(1), fifth subparagraph |
| – | Article 3(1), sixth subparagraph |
| Article 3(2) to (4) | Article 3(2) to (4) |
| – | Article 4(1) |
| Article 4 | Article 4(2) |
| Article 5 | – |
| – | Article 5 |
| – | Article 6 |
| – | Article 7 |
| – | Article 8 |
| – | Article 9 |
| – | Article 10 |
| – | Article 11 |
| – | Article 12 |
| Article 6(1), introductory wording | – |
| – | Article 13(1), introductory wording |
| Article 6(1)(a) | Article 13(1)(a) |
| – | Article 13(1)(b) |
| Article 6(1)(b) | Article 13(1)(c) |
| Article 6(2) | – |
| – | Article 13(2) |
| Article 6(3) | Article 13(3) |
| Article 6(4) | – |
| Article 7 | – |
| Article 7a | – |
| Article 7b | – |
| – | Article 14 |
| – | Article 15 |
| – | Article 16 |
| Article 8 | Article 17 |
| – | Article 18 |
| Article 9(1) and (2) | Article 19(1) and (2) |
| Article 9(3), first sentence | Article 19(3) |
| Article 9(3), sentences 2 to 4 | Article 19(4) |
| Article 9(4) to (7) | Article 19(5) to (8) |
| – | Article 19(9) and (10) |
| Article 9a | – |
| Article 10(1) to (3) | Article 20(1) to (3) |
| – | Article 20(4) |
| Article 11(1) | Article 21(1) |
| – | Article 21(2) |
| Article 11(2) | Article 21(3), first subparagraph |
| Article 11(3), first subparagraph | – |
| Article 11(3), second subparagraph | Article 21(3), second subparagraph |
| Article 11(4) to (6) | Article 21(4) to (6) |
| Article 12(1) to (3) | Article 22(1) to (3) |
| Article 12(4) | Article 22(4) |
| – | Article 22(5) to (7) |
| Article 13(1) to (2) | Article 23(1) and (2) |
| – | Article 23(3) to (5) |
| Article 14 | – |
| Article 15 | – |
| – | Article 24 |
| – | Article 25 |
| – | Article 26 |
| – | Article 27 |
| Article 16(1) and (2) | Article 28(1) and (2) |
| Article 16(2a) | Article 28(3) |
| Article 16(3) | Article 28(4) |
| Article 17 | Article 29 |
| – | Article 30 |
| Article 18 | Article 31 |
| Article 19 | Article 32 |
| – | Article 33 |
| Article 19a | Article 34 |
| – | Article 35 |
| Article 20 | Article 36 |
| – | Article 37 |
| Article 21 | Article 38 |
| Article 22 | Article 39 |
| Annex I | – |
| – | Annex I |
| – | Annex II |
| – | Annex III |
| Annex II | Annex IV |
| Annex III | Annex V |
| Annex IV | Annex VI |
| Annex V | Annex VII |
| Annex VI | Annex X |
| Annex VII | Annex XI |
| – | Annex XII |
| Annex VIII | Annex XIII |
| Annex IX | Annex IX |
| Annex X | Annex XIV |
| Annex XI | Annex VIII |
| Annex XII | – |
| – | Annex XV |
| – | Annex XVI |