Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships (Text with EEA relevance)
Commission Regulation (EU) No 428/2010of 20 May 2010implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State controlOJ L 131, 28.5.2009, p. 57., and in particular Article 14(4) thereof,Whereas:(1)When carrying out an expanded inspection of a ship, the port State control officer should be guided by a list of specific items to be verified, subject to their practical feasibility or any constraints relating to the safety of persons, the ship or the port.(2)With regard to the identification of the specific items to be verified in the course of an expanded inspection of any of the risk areas listed in Annex VII to Directive 2009/16/EC, it appears necessary to build upon the expertise of the Paris Memorandum of Understanding on Port State Control.(3)The Port State Control Officers should use their professional judgement to determine the applicability of and the appropriate depth of examination of, each specific item.(4)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS),HAS ADOPTED THIS REGULATION:
Article 1List of specific items to be verified in an expanded inspectionAn expanded inspection as referred to in Article 14 of Directive 2009/16/EC shall, where applicable, as a minimum comprise the verification of the specific items listed in the Annex to this Regulation.In the case where no specific areas are indicated for a particular type of ship, as defined in Directive 2009/16/EC, the inspector shall use his professional judgement to decide which items must be inspected, and to what extent, in order to check the overall condition in these areas.Article 2Entry into force and applicationThis Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.It shall apply from 1 January 2011.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 20 May 2010.For the CommissionThe PresidentJosé Manuel BarrosoANNEXSPECIFIC ITEMS TO BE VERIFIED DURING AN EXPANDED INSPECTION(as referred to in Article 14(4) of Directive 2009/16/EC)A.All types of ships(a)Structural conditionCondition of hull and deck(b)Watertight/weathertight conditionWatertight/weathertight doorsVentilators, air pipes and casingHatchways(c)Emergency systemsSimulated blackout/start of emergency generatorEmergency lightingTest of bilge pumping arrangementsTest of closing devices/watertight doorsTest of steering gear including emergency steering gear(d)Radio communicationTest of reserve source of energyTest of main installation including facilities for reception of marine safety informationTest of global maritime distress safety system (GMDSS) portable very high frequency (VHF) sets(e)Fire safetyFire drill, including a demonstration of the ability to use firemen’s outfits and firefighting equipment and appliancesTest of emergency fire pump (with two hoses)Test of remote emergency stopping ventilation and associated dampersTest of remote emergency stopping fuel pumpsTest of remote quick closing valvesFire doorsFixed fire extinguishing installations and associated alarms(f)AlarmsTest of the fire alarm(g)Living and working conditionsCondition of mooring equipment, including machinery foundations(h)Lifesaving appliancesLaunching arrangements for survival and rescue craft (if evidence of disuse, craft must be lowered to the water)(i)Pollution preventionTest of oil filtering equipmentB.Bulk carrier/OBO (if carrying solid bulk cargo)In addition to the items listed under Section A, the following items shall be considered as part of the expanded inspection for bulk carriers:(a)DocumentationVerification that the following documents are on board, complete and endorsed by the flag State or recognised organisation:The enhanced survey programme (ESP) including:(i)Reports of structural survey(ii)Thickness measurement reports(iii)Condition evaluation reportsCheck whether the cargo carried is allowed by the DoC for dangerous goodsApproval for loading instruments(b)Structural conditionCondition of bulkheads and coamingsBallast tanksAt least one of the ballast tanks within the cargo area must be examined from tank manhole/deck access or entered if the inspector establishes clear grounds based on observation and the ESP recordsC.Gas tanker, chemical tankerIn addition to the items listed under Section A, the following items shall be considered as part of the expanded inspection for gas and chemical tankers:(a)DocumentationCheck whether the product carried is on the relevant certificate of fitness(b)Cargo operationsCargo tank monitoring and safety devices relating to temperature, pressure and ullageOxygen analysing and explosimeter devices, including their calibration. Availability of chemical detection equipments (bellows) with an appropriate number of suitable gas detection tubes for the cargo carriedTest of deck shower(c)Fire safetyTest of fixed fire fighting installations on deck (as required by the product carried)(d)Living and working conditionCabin escape sets with respiratory and eye protection if required by the products listed in the relevant certificate of fitnessD.General cargo, container ship, refrigerated cargo carrier, factory ship, heavy load carrier, offshore service ship, special purpose ship, MODU, floating production, storage and offloading (FPSO), other types of shipIn addition to the items listed under Section A, the following items shall be considered as part of the expanded inspection for the ship types listed under this section:(a)Watertight/weathertight conditionCondition of hatch coversAccess to cargo holds/tanks(b)Cargo operationsLoading equipmentLashing arrangementsE.Oil tanker/OBO (when certificated as an oil tanker)In addition to the items listed under Section A, the following items shall be considered as part of the expanded inspection for oil tankers:(a)DocumentationVerification that the following documents are on board, complete and endorsed by the flag State or recognised organisationThe enhanced survey programme (ESP) including:(i)Reports of structural surveys(ii)Thickness measurement reports(iii)Condition evaluation reportsFoam certificate for deck foam system(b)Structural conditionBallast tanksAt least one of the ballast tanks within the cargo area must be examined from tank manhole/deck access or entered if the inspector establishes clear grounds based on observation and the ESP records(c)Fire safetyFixed deck foam systemControl of pressure of inert gas and oxygen content thereofF.Passenger HSC, passenger ship, ro-ro passenger shipIn addition to the items listed under Section A, the following items shall be considered as part of the expanded inspection for passenger ships:If deemed appropriate, parts of the inspection on ro-ro ferries and high-speed passenger craft referred to in Council Directive 1999/35/ECOJ L 138, 1.6.1999, p. 1. may be continued while the ship is on passage to or from ports of Member States with the consent of the master or the operator in order to demonstrate that the ferry or craft continues to fulfil all the necessary requirements for safe operation. Port State control officers must not obstruct the operation of the ship or induce situations that, in the master’s judgement, could endanger the safety of the passengers, the crew or the ship.(a)DocumentationDocumented evidence of:Crowd-management trainingFamiliarisation trainingSafety training for personnel providing direct safety assistance to passengers in passenger spaces, and in particular to elderly and disabled persons in an emergencyCrisis management and human behaviour training(b)Watertight/weathertight conditionBow and stern doors as applicableTest of remote and local controls of watertight bulkhead doors(c)Emergency systemsCrew familiarity with damage control plan(d)Cargo operationsLashing arrangements as applicable(e)Fire safetyTest of remote and local controls for the closing of fire dampers(f)AlarmsTest of public address systemTest of fire detection and alarm system(g)Lifesaving appliances"Abandon ship" drill (including lowering a rescue and a lifeboat to the water)G.Ro-ro cargo shipIn addition to the items listed under Section A, the following items shall be considered as part of the expanded inspection for ro-ro cargo ships:(a)Watertight/weathertight conditionBow and stern doors(b)Cargo operationsLashing arrangements