Appendix 1

Publication of the technical regulation on port State control of ships 1)

In accordance with paragraph 1 (1), 3, section 3, section 16 (4). Three, section 20, paragraph 20. Paragraph 1, section 24 and section 32 (3). 8 in the law on safety at sea, cf. Law Order no. 654 of 15. After consultation with the Minister for Defence and the Minister for the Environment, after consultation with the Minister for Defence,

Administrative provisions

§ 1. The provisions of Directive 2009 /16/EC of the European Parliament and of the Council on port state control shall apply to the implementation of port state control within the framework of the law on maritime safety. The Danish Maritime Service shall also comply with the provisions of the Directive where the Board of Directions and Agreement with other authorities implements port State control tasks on behalf of their Member States.

Paragraph 2. Exempted from paragraph 1. Paragraph 1, however, is Article 19 (1) of the 9 on the cooperation of ports with the Maritime Agency to facilitate the receipt of ships withheld.

Paragraph 3. The Directive shall be published in Annex to this notice.

Paragraph 4. "Period", cf. Article 2 of the Directive, 10 means the time room from 18.00 to 08.00.

Paragraph 5. The provisions of the Directive relating to the notification and registration of ships ' arrival and departure shall be carried out at the Maritime Agency ' s technical information on a traffic monitoring and traffic information system in Danish waters and ports.

Scope of application

§ 2. The notice shall apply to foreign ships and their herds, which are under Danish ports or an anchorage within the territory of a Danish sea, for the transfer between ship and port of persons or goods or the execution of ; port services.

Paragraph 2. If the Maritime Maritime Service is inspecting a foreign ship which is in Danish waters, but not in port, the inspection shall be considered to be covered by this notice.

Paragraph 3. The declaration shall not apply to fishing vessels, warships, naval aid vessels, wood ships of primitive design, statesships used for non-commercial purposes and non-use for recreational craft.

Shipping and Shipping

§ 3. The shipowner or the driver of a ship which, pursuant to Article 14 of the Directive, shall be 3, may undergo an expanded inspection, make sure that sufficient time has been provided for the speed plan for the extended inspection to be carried out.

Paragraph 2. Unless otherwise stated in the control measures required for safety purposes, such ships shall remain at the port or anchor position until the inspection is completed.

Ports

§ 4. If port authorities or bodies in the performance of their normal tasks are aware that a ship in port has errors and deficiencies which may affect the safety of the ship or which constitute an unreasonable threat of damage to the marine environment, they shall : immediately notify the Maritime Maritime Agency.

Penalty and entry into force

§ 5. The shipowner of a ship which is subject to an expanded inspection and which, without the express consent of the Maritime Management Board, before the inspection has been carried out, shall be punished by fine or penitentiary for up to 1 year.

Paragraph 2. Penalty in accordance with paragraph 1 1 may go to prison for up to two years, if there is

1) in the event of infringement, any injury to life or health, or induced, is threatened ;

2) were previously prohibited or injuns of the same or equivalent conditions, or

3) in the case of the infringement, or intended for the purpose of an economic benefit to the person concerned himself or others.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of Chapter 5 of the penal code.

§ 6. The announcement shall enter into force on 1. January, 2011.

Paragraph 2. At the same time

1) Technically, 15. July 2004 on port State control of shipping,

2) Publication no. 665 of 8 August 2002 on the procedure for foreign ships taking place in the port of Danish port ;

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Appendix 1

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 2009 /16/EF

of 23. April 2009

on port State control

(recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION HAVE-

Having regard to the Treaty establishing the European Community, and in particular Article 80 (1) thereof, 2,

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 ],

in accordance with the procedure laid down in Article 251 of the Treaty, the joint text approved by the Conciliation Committee on 3. February 2009 [ 3 ], and

in the following considerations :

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

(2) Maritime accidents and pollution of the seas and coasts of the Member States give the Community cause for serious concern.

(3) Moreover, the Community is paying close attention to living and working conditions on board ships.

(4) Safety, pollution prevention and living and working conditions on board ships can be significantly improved if the presence of non-compliance with the standards in Community waters by non-compliance with the standards is severely reduced by strict enforcement of : Conventions, international codes and resolutions.

(5) In accordance with Council Decision 2007 /431/EC of 7. In June 2007 authorising Member States to ratify the 2006 Maritime Labour Organisation (International Labour Organisation) Convention on Maritime Labour Standards [ 5 ], Member States should therefore take the necessary steps to ensure that : ratify the parts of this Convention which fall within the competence of the Community, as soon as possible, before 31 of the Community. December 2010.

(6) The responsibility for monitoring compliance with ships complying with international standards for safety, pollution prevention and living and working conditions on board is borne mainly by the flag state. The flag state, which may be in support of recognised organisations, fully guarantees that inspections and surveys necessary to issue the relevant certificates are complete and effective. The responsibility for maintaining the ship ' s state and its equipment for the purpose of meeting the requirements of the Conventions to which the ship is subject shall be borne by the shipping company. However, several flag states have not implemented and enforced international standards in a responsible manner. The monitoring of compliance with international standards for safety, pollution prevention and living and working conditions on board should therefore be a further safeguard against shipping vessels that do not comply with the standards as well as the port State, but in acknowledgthat the inspection of port State control is not a sight and that the relevant inspection schedules are not a seaworthiness certificate.

(7) A harmonised approach to the effective enforcement of these international standards by the Member States on ships sailing in waters under their jurisdiction and entering their ports should prevent distortions of competition.

(8) The derivatives industry is vulnerable to terrorist acts. Safer transport measures must be implemented effectively and Member States must monitor compliance with security controls at strict level of compliance with security.

(9) Work on the basis of the experience gained from the Paris Memorandum of Port State Control (Paris MOU), which was signed in Paris on 26, should be further worked out. January 1982.

(10) The European Maritime Safety Agency (EMSA) set up by Regulation (EC) No 14720720////////////////0 Regulation 1406/2002 [ 6 ] should provide the necessary assistance to ensure the uniform and efficient implementation of the port state control system. The Agency should, in particular, contribute to the development and implementation of the inspection database to be established under this Directive, and on the other, a harmonised Community system for the Member States ' training of port state inspectors and evaluation ; their skills.

(11) The effective port state control system should aim to ensure that all ships that enter Community ports and anchorages are inspected at regular intervals. The inspection should be concentrated on ships that do not meet the standards, while ships of high quality, that is to say, are not met. ships whose inspection reports are satisfactory or whose flag State fulfils the auditory arrangements of the International Maritime Organisation (IMO) should be rewarded with less frequent inspections. To this end, Member States shall, in particular, give priority to inspection of ships with high-risk products.

(12) Such new inspection rules should be incorporated into the Community port state control system as soon as the various aspects of this Regulation are defined, on the basis of a system of inspection of inspections, whereby each Member State makes a reasonable decision ; contributing to the achievement of the Community ' s objectives of a comprehensive inspection system, and so that the burden of inspection is shared equally between Member States. This system of allocation of the inspection burden should be evaluated, taking into account the experience gained with the use of the new port state control system, with a view to improving its effectiveness. In addition, Member States should employ and advise the necessary staff, including qualified ship inspectors, taking into account the scope and characteristics of the vessel traffic in each port.

(13) The inspection system introduced by this Directive takes account of the work done within the framework of the Paris MOU. As a consensus is to be reached at Community level on all developments resulting from the work of the Paris MOU before it is applicable in the EU, close coordination between the Community and the Paris MOU should be established and maintained in order to achieve the highest possible level. Convergence.

(14) The Commission should manage and update the inspection database in close cooperation with the Paris MOU. The inspection database should include inspection data from the Member States and all the states which have signed Paris MOU. As long as the Community information system for maritime transport, SafeseSeaNet is not fully operational and does not permit an automatic registration in the inspection database of data relating to ships, Member States should send the Commission information necessary to ensure the proper monitoring of the application of this Directive, in particular as regards the movement of the ships. On the basis of the inspection data submitted by the Member States, the Commission from the inspection database should extract data on the risk profile of ships to be inspected and the movement of ships and should calculate the movements of each Member State ; inspection obligations. The inspection database should also be able to be coused with other Community databases on safety at sea.

(15) Member States should endeavour to review the method used to calculate the white, the grey and the black list of flag States within the framework of the Paris MOU, to ensure that it is fair, in particular with regard to the way in which it is justified ; treat flag states with small fleets.

(16) The rules and procedures for port state control, including the criteria for the detention of ships, should be harmonised in order to ensure uniform efficiency in all ports and on all anchorages, which will also drastically reduce the possibility of select specific ports of ports in order to escape effective control.

(17) Periodic and additional inspections should include a study of predefined areas for each ship which will vary depending on the type of ship, the inspection type and the results of the previous port state control. The inspection database should contain elements with which the risk areas may be designated, which are to be checked at each inspection.

(18) Certain shipping categories constitute a major accident or risk of contamination when they have reached a certain age, and they should therefore be subject to an expanded inspection. The detailed rules for such an expanded inspection should be laid down.

(19) During the inspection system introduced by this Directive, the intervals between the periodic inspections on ships are dependent on ships of their risk profile, which are based on a number of generic and historical parameters. For high-risk vessels, the range should not exceed six months.

(20) In order to provide the competent port State control authorities with information on ships in port or at anchorages, port authorities or authorities or authorities or bodies designated for it shall communicate to the port authorities or authorities ; arrival, as soon as possible, as soon as they are received.

(21) Some ships pose a clear risk to maritime safety and to the marine environment, due to their poor state, the preconditions of the flag State and their past. It is therefore legitimate that the Community should ensure that such ships do not have access to the ports and anchorages of the Member States. The prohibition of access should be proportionate and may result in a permanent prohibition of access if the ship ' s operator fails to remedy deficiencies in spite of repeated bans on access and detention in ports ; and anchorages in the Community. A third ban on access should only be subject to the fulfilment of a number of conditions intended to ensure that the ship in question can operate in Community waters without danger, and which relates in particular to the ship ' s flag State and relocation. Otherwise, the ship should permanently be banned from access to the ports and anchorages of the Member States. Any subsequent detention of that ship should, in any case, lead to a permanent ban on access to the ports and anchorages of the Member States. The list of ships which have been denied access to ports and anchorages in the Community should be published in the interests of transparency.

(22) In order to limit the burden of repeated inspections for certain authorities and shipping companies, such as a host State that is not the flag State of the vessel, shall carry off ro-ro ferries or high-speed passenger craft in accordance with Council Directive 1999 /35/EC, 29. April 1999 on a system of mandatory surveys for the safe operation of ro-ro ferries and high-speed passenger craft [ 7 ], and which includes at least all points in an expanded inspection, be taken into account when calculating the ship ' s risk profile ; the ranges between the inspections and the inspection obligations of each Member State. The Commission should also examine whether it would be appropriate to amend Directive 1999 /35/EC in order to raise the level of safety for the operation of ro-ro ferries and high-speed passenger craft to and from the ports of the Member States.

(23) Errors and deficiencies which are due to the failure of relevant conventions should be remedied. Ships where correctable errors and deficiencies should be taken when the deficiencies identified and deficiencies constitute a clear risk to safety, health or the environment, to be detained until these errors and shortcomings have been remedies.

(24) There should be access to a complaint against the authorities ' decisions on detention in order to avoid unreasonable decisions which may lead to unnecessary detention and delay. Member States should cooperate with a view to ensuring that complaints are dealt with within a reasonable period, in accordance with their national legislation.

(25) Agencies and ship inspectors participating in port State control should not be in a conflict of interest with regard to the port of inspection or to inspected ships or related interests. Distance inspectors should have appropriate qualifications and should be trained in order to maintain and improve their competence in the field of inspection. Member States should cooperate in the development and promotion of a harmonised Community mechanism for the training of inspectors and the evaluation of their skills.

(26) Locks and port authorities or agencies should be able to provide useful information about flagrant irregularities detected on board ships.

(27) The storage of persons who have a legitimate interest in living and working conditions on board ships should be subject to investigations. The complainant should be informed of the measures taken in the occasion of the complaint.

(28) It is necessary that the authorities of the Member States and other authorities or organisations cooperate with each other in order to ensure effective follow-up to ships with defects and shortcomings which have been authorised to go further, and to exchange ; information on ships in port.

(29) Since the inspection database is an important part of port state control, Member States should ensure that it is updated in the interests of the Community requirements.

(30) Publication of information on ships and their operators or shipping companies that do not comply with international safety standards, health and protection of the marine environment, where the size of the shipping fleet is taken into account may be one of : effective means of defraction from such ships and an incentive to the shipowners to bring the situation in order. As regards the information to be made available, the Commission should establish close cooperation with the Paris MOU and take account of all the information published in order to avoid unnecessary duplication. The Member States should only be required to provide the relevant information at the time.

(31) All expenditure related to inspection, which makes the detention of vessels justified, including the abolition of an access ban, should be borne by the shipowner or operator.

(32) 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 [ 8 ].

(33) The Commission should, in particular, be given the powers to amend this Directive in order to implement subsequent changes to conventions, international codes and resolutions to this effect and to lay down detailed rules for implementing it ; Articles 8 and 10. In the context of general measures aimed at amending non-essential provisions of this Directive, including by complementing it with new non-essential provisions, the measures shall be adopted in accordance with the regulatory procedure, the checks provided for in Article 5a of Decision 1999 /468/EC.

(34) The objectives of this Directive, which are to limit the voyage of ships that do not comply with the standards, in waters under the jurisdiction of Member States, by improving the Community inspection system for sea-going ships and the development of possibilities ; Whereas, in the case of a preventative approach to marine pollution, the Member States may not be sufficiently satisfied and, therefore, due to the scope and effects of the action on a better Community level ; whereas the Community may take measures in such a way as to ensure that : compliance with the principle of subsidiarity, cf. Article 5 of the Treaty. In accordance with the principle of proportionality, cf. in this Article, this Directive does not go beyond what is necessary in order to achieve these objectives.

(35) The obligation to implement this directive in national legislation should be limited to the provisions that make up a material amendment to Directive 95 /21/EC. The obligation to implement the unchanged provisions of this Directive follows on from that Directive.

This Directive should not affect the obligations of the Member States as regards the time limits laid down in Annex XV, part B, for transposition into national law of the Directives.

(37) The deadline for the implementation of the port state control system introduced by this directive should be the same for all Member States. In this regard, the Commission should ensure that the necessary preparatory actions, including the testing of the inspection database and the training of inspectors, should be implemented in this context.

(38) In accordance with paragraph 34 of the Interinstitutional Agreement on Better Lawmaking [ 9 ], Member States are encouraged, both in their own and Community interest, to draw up and publish their own correlation tables as far as possible, show compliance between this Directive and the implementing measures.

(39) In order not to impose excessive administrative burdens on inland countries, such Member States should be exempliated from the provisions of this Directive in a trifle rule, which means that such Member States should not apply this Directive, so Long as they meet certain criteria.

(40) In order to take account of the fact that the French overseas departments belong to another geographical area, to a large extent, Parties in other regional port State control memoranda than Paris MOU and have very limited traffic flows with it European mainland, the Member State concerned should be given permission to exclude these ports from the port State control system applicable to the Community,

ISSUED THE FOLLOWING DIRECTIVE :

ARTICLE 1

Objective

The purpose of this Directive is to contribute to a substantial reduction in shipping in the waters under the jurisdiction of Member States with ships that do not meet the standards ; this shall be done by :

(a) improving compliance with international law and of relevant Community legislation on maritime safety, maritime safety, protection of the marine environment and living and working conditions on board ships, regardless of their flag ;

(b) establishing common criteria for the control of ships by the port State and to harmonise the procedures for inspection and detention on the basis of the expertise and experience in the framework of the Paris MOU,

c) the implementation of a port State control system based on the inspections carried out in the Community and the Paris MOU region, with the aim of inspecting all ships with a frequency that is dependent on their risk profile, so that : ships which present a higher risk shall be subjected to a more detailed and more frequent inspection.

ARTICLE 2

Definitions

For the purposes of this Directive :

1) 'Conventions' means :

the following conventions and protocols and amendments thereto and associated codes of binding character in the up-to-date version :

(a) International Convention of 1966 on Load Lines (LL 66)

b) the 1974 International Convention on the Safety of Life on Lake (Solas 74) ;

c) the International Convention on the Prevention of Pollution from Ships with related Protocol of 1978 (Marpol 73/78)

d) the International Convention of 1978 on the training of seafarers, on seafarers and watchkeeping (STCW 78/95)

e) the 1972 Convention on International Maritime Conventions (Colreg 72) ;

f) the International Convention of the 1969 Measurement of Ships (ITC 69)

g) the 1976 Convention on the minimum standards in merchant vessels (ILO no. 147)

(h) the international Convention of 1992 on the liability of private liability for damage to oil pollution (CLC 92) ;

2) ' Paris MOU ` shall mean the Paris Memorandum of Port State Control, signed in Paris on 26. January 1982, in its up-to-date version

3) 'Rules and procedures for the IMO Member States' voluntary auditing arrangements ` shall mean the IMO Assembly Resolution A. 974 (24) ;

4) ' Paris MOU region ` : the geographical area in which the States party to the Paris MOU are carrying out inspections within the framework of the Paris MOU ;

' ship ` means any seagoing vessel, for which one or more of the Conventions apply and which lead to a flag other than the port State ;

6) ' ship-port interface ` shall mean the interaction that occurs when a ship is directly and directly involved in the transfer between ship and port of persons or goods or the execution of port services ;

7) ' ship on an anchor ` shall mean a ship in port or in another area within the jurisdiction of a port, but not by caj, which is part of an interface between ship and port ;

8) ' maritime inspector ` shall mean a public servant or other person duly authorised by the competent authorities of the Member State to carry out port State account inspection and which is part of the competent authorities ;

9) ' competent authority ` shall mean a maritime authority responsible for port State control in accordance with this Directive ;

a period of time shall mean a period of at least seven hours, as laid down by national legislation, which, in any case, includes the time space between 24.00 and 05.00 ;

11) ' initial inspection ` shall mean a ship inspector on board a ship to carry out the verification of compliance with the relevant conventions and provisions, including at least the checks required by Article 13 (2), 1)

12) ' more detailed inspection ` shall mean an inspection under the ship, its equipment and crew as a whole or, as appropriate, part of the circumstances, in the cases referred to in Article 13 (2). 3) undergoing a thorough investigation covering the design, equipment, manning, living and working conditions, and compliance with operational procedures on board,

13) "Expanded inspection" means an inspection, which shall include at least the conditions set out in Annex VII. An expanded inspection may include a more detailed inspection when there are probable cause of suspicion pursuant to Article 13 (2). 3)

" complaint " shall mean any information or report submitted by any person or organisation with a legitimate interest in the safety of the ship, including interest in the safety and health of crews, living and working conditions on board and prevention ; pollution,

15) "retention" means an official ban on a ship leaving as a result of the errors identified and deficiencies, as individual or combined, make the ship unskilled.

" Access prohibition ` shall mean a decision issued to the master responsible for the shipping company and to the flag State in which it is reported that the ship will be denied access to all Community ports and anchorages.

17) " Suspension of an operation shall mean an official ban on the operation of a ship carrying out an operation as a result of errors and deficiencies which, by individual or combined, make a continuation of the operation unjustifiable ;

" shipping " means the owner of the ship or any other organisation or person, such as the operator or the barebo charterer, which has claimed responsibility for the ship ' s operation from the owner of the ship, and which has undertaken to perform all duties on this responsibility ; the responsibilities of the International Code for safe shipbuilding (ISM) ;

19) ' recognised organisation ` shall mean a classification society or another private agency carrying out the authority tasks on behalf of a Administration of the flag State ;

' certificate of authority ` shall mean a certificate issued by a flag State or on its behalf in accordance with Conventions ;

" classification certificate ` shall mean a document confirming compliance with Solas 74, Chapter II-1, Part A-1, rule 3-1

(22) ' Inspection database ` shall mean the information system that contributes to the implementation of the port State control system in the Community and relates to the data on inspections carried out in the Community and the Paris MOU region.

ARTICLE 3

Scope of application

1. This Directive shall apply to any ship that runs a port or anchorage in a Member State to engage in an interface between ship and port, and its crew.

France may decide that ports and anchorages covered by this paragraph do not include ports and anchorages in the overseas departments referred to in Article 299 (1) of the Treaty. 2.

Where a Member State carries out an inspection of a ship that is situated in waters under its jurisdiction but which is not in port, the inspection shall be regarded as an inspection in the sense of this Directive.

Nothing in this Article shall affect the right of any Member State to intervene in accordance with the relevant Conventions.

Member States which do not have seaports, which may prove that of the total annual number of individual vessels which have been in the course of the three previous years in the course of the three previous years, are under 5% of ships covered by this Directive, may derogate from the derogation from : the provisions of this Directive.

Member States which do not have seaports shall communicate to the Commission no later than the date of implementation of the Directive on the total number of vessels and ships running their ports during the above three-year period, and shall inform the Commission of : any significant change to the above figures.

2. For vessels of less than 500 gross tonnage, Member States shall apply the requirements of a relevant Convention applicable to these ships and, to the extent a convention does not apply to them, they shall take the measures necessary to ensure that : that these ships do not pose a clear risk to safety, health or the environment. In the application of this paragraph, Member States shall allow the Member States to be guided by Annex 1 to the Paris MOU

For the inspection of a ship whose flag state is not a party to a Convention, Member States shall ensure that this ship and its crew are not treated more favourable than a ship whose flag State is party to the Convention.

4. This Directive shall not apply to fishing vessels, warships, naval aid vessels, wood ships of primitive design, statesships used for non-commercial purposes and non-use for recreational craft.

ARTICLE 4

Inspection powers

Member States shall take all necessary measures to be legally empowered to carry out the inspections provided for in this Directive on board foreign ships in accordance with international law.

2. Member States must have appropriate competent authorities at their disposal by associating or, where appropriate, employing the appropriate staff, in particular qualified shipping inspectors and the Member States shall implement the necessary measures to ensure that : the inspectors shall carry out their duties as laid down in this Directive, and in particular that they are available to carry out inspections in accordance with this Directive.

Article 5

Inspection system and annual inspection commitments

1. Member States shall carry out inspections in accordance with the selection arrangements referred to in Article 12 and the provisions of Annex I.

2. In order to comply with its annual inspection obligation, each Member State shall :

(a) all priority shall be inspected in ships referred to in Article 12 (a), which shall enter its ports and anchorages ; and

(b) an annual number of inspections of priority I and priority II ships within the meaning of Article 12 (a) and (b), which shall be at least equivalent to its share of the total annual number of inspections to be carried out in the Community and in the Paris MOU region. The inspection share of each Member State shall be determined on the basis of the number of individual ships that are at the ports of the Member State concerned, in relation to the total number of individual ships that are harbours in each State of the Community and in Paris. The MOU region.

For the calculation of the one in paragraph 1. Point 2 (b) of the total number of inspections to be carried out annually in the Community and in the Paris MOU region shall not include ships in anchorages, unless the Member State concerned has specified otherwise.

ARTICLE 6

Rules for the fulfilment of the inspection obligations

A Member State which does not carry out the inspections required in Article 5 (2). point 2 (a) shall be deemed to have fulfilled its obligation in accordance with the said clause, if the absence of inspections does not exceed :

(a) 5% of the total number of priority in ships with high-risk profile, which is estimated at its ports and anchorages ;

b) 10% of the total number of I ships, except for ships with high risk products, which are estimated at its ports and anchorages.

By way of derogation from the percentages referred to in (a) and (b), Member States shall give priority to inspections of ships which, according to the information contained in the inspection database, are not frequently considered to be Community ports.

In the case of priority I ships that are anchorage, Member States shall, notwithstanding the percentages referred to in (a) and (b), priority inspection of ships with high-risk products, which, according to the information contained in the inspection database, are not frequently considered at ports in the Community ; The Community.

Article 7

Comparable distribution of inspection units within the Community

1. A Member State in which the total number of priority I ships that are given ports and anchorage shall exceed its annual inspection obligation pursuant to Article 5 (1). Point 2 (b) shall be deemed to have fulfilled its obligation if the number of inspections of priority I vessels carried out by the Member State shall be at least equivalent to its inspection, and if the Member State does not override more than 30% of the total number of priority items ; The I-ships that arrive at its ports and anchorages.

2. A Member State in which the total number of priority I and priority II ships that arrive at ports and anchorage shall be less than the amount of the inspection laid down in Article 5 (1). Point 2 (b) shall be deemed to have fulfilled this obligation if the Member State carries out the inspections of priority I ships required by Article 5 (2). (2) (a) and inspection of at least 85% of the priority II ships that are anchoring its ports and anchorages.

The Commission shall examine, in the context of the evaluation referred to in Article 35, the impact of this Article on the inspection obligations, taking into account the expertise and experience gained in the Community and in the Paris MOU. The evaluation shall take into account the objective of inspecting all ships that are harming ports and anchorages in the Community. The Commission proposes, if necessary, additional measures to improve the effectiveness of the inspection system used in the Community and, where necessary, a new evaluation of the effects of this Article at a later date.

ARTICLE 8

The provision of inspections and special situations

1. a Member State may decide to postpone the inspection of a priority ship in the following situations :

(a) where the inspection is carried out at the next port of a port in the same Member State, provided that the ship does not arrive at other ports in the Community or the Paris MOU region in the meantime, and the postponement is not more than 15 days ; or

(b) if the inspection may be carried out within 15 days of another port of Community or the Paris MOU region, provided that the State in which the port of call in question has been accepted in advance has agreed to carry out the inspection.

If an inspection is exposed in accordance with (a) or (b) and recorded in the inspection database, a missed inspection shall not count as a bypass inspection for the Member States that are subject to the inspection.

A priority I-ship that is not the subject of an inspection shall not be exempting from inspection at the next port, the ship shall be designated in the Community as provided for in this Directive.

2. In the following specific situations, an inspection which has not been carried out on a priority I-ship shall not be considered as a bypass inspection, provided that the reason for the bypassing is recorded in the inspection database and that :

(a) the assessment by the competent authority may present a risk to the safety of inspectors, ship, crew or port, or to the marine environment to carry out the inspection ; or

b) the ship shall only take place at the port of the night. In this case, Member States shall take the necessary measures to ensure that ships regularly inspected at the port of the port shall be inspected appropriately.

3. If an inspection is not carried out on a ship located in an anchorage, this shall not be regarded as a bypassed inspection provided that :

(a) the ship shall be inspected in another port or in another anchorage in the Community or the Paris MOU region in accordance with Annex I, or

(b) The ship shall only arrive at port during the period or for a short time for the inspection to be carried out satisfactorily, and the reason for the override is recorded in the inspection database, or

(c) the assessment by the competent authority may present a risk to the safety of inspectors, ship, crew, or port of the crew or of the marine environment to carry out inspection, and the reason for the bypassing is recorded in the inspection database.

4. Measures intended to amend non-essential provisions of this Directive by complementing it and which concern the rules for the implementation of this Article shall be adopted in accordance with the regulatory procedure in accordance with Article 31 (1). 3.

Article 9

Enrollment of arrival

1. Operator, his representative or the master of a vessel, which, pursuant to Article 14, may be the subject of an expanded inspection and which is a port or anchorage in a Member State shall be notified in accordance with Annex III.

2. Upon receipt of the notification referred to in paragraph 1, Paragraph 1 and Article 4 of Directive 2002 /59/EC of the European Parliament and of the Council of 27. June 2002 establishing a traffic monitoring and traffic information system for shipping in the Community [ 10 ], forwarding the port authority or the agency or the authority or authority designated for it, such information ; competent authority.

3. All communications referred to in this Article shall, where possible, be made electronically.

4. The procedures and formats set out by the Member States in Annex III to this Directive must comply with the relevant provisions of Directive 2002 /59/EC in respect of ships ' reviews.

Article 10

Skibes risk profile

1. all ships that run a port or an anchorage in a Member State shall be assigned to the ship ' s risk profile, which is essential to their respective priorities in terms of inspection, the range of inspections and the extent of : The inspections.

2. A ship risk profile is determined by combining the following generics and historical risk parameters :

a) Generic parameters

Generic parameters are based on ship type, age, flag State, recognised organisations and the performance of the company in accordance with Annex I, point I. 1, and Annex II.

b) Historical parameters

Historical parameters are based on the number of errors and deficiencies and detentions for a given period in accordance with Annex I, point I. 2, and Annex II.

3. Measures intended to amend non-essential provisions of this Directive by complementing it and which concern the rules for the implementation of this Article, in particular with regard to :

(a) flag State criteria,

b) the criteria of the performance of the shipping company ;

shall be adopted in accordance with the regulatory procedure in accordance with Article 31 (1). 3, and on the basis of the expertise in the Paris MOU.

Article 11

Inspection of inspections

Ships liable to enter Community ports or anchorages shall be subject to periodic inspections or subsequent additional inspections :

(a) Ships shall be subject to periodic inspections of intervals determined by the ship ' s risk profile as laid down in accordance with Annex I, Part I. Interval of the periodic inspections of the ship ' s periodic inspections shall be extended when the risk is taken ; taking. For high-risk vessels, this interval does not exceed six months.

(b) The ship shall be subject to the following additional inspections, irrespective of when they were last through a periodic inspection :

-The competent authority shall ensure that ships for which the top priority factors of Annex I, Part II (II), point 2A, make themselves applicable shall be inspected.

-Ships for which the unexpected factors in Annex I, Part II, point 2B, apply may be inspected. It shall be left to the professional authority of the competent authority to carry out such further inspections.

Article 12

Selection of ships to be inspected

The competent authority shall ensure that ships are selected for inspection on the basis of their risk profile as referred to in Annex I, Part I, as well as when the top priority factors or unforeseen factors apply. Annex I, Part II, point 2A and 2B.

With a view to the inspection of ships

(a) the competent authority shall select the ships to have a mandatory inspection, the ' priority I ships ', in accordance with the selection scheme described in Part II (3A) Annex I, Part II,

(b) the competent authority may select ships subject to inspection, the so-called 'priority II ships', in accordance with Annex I, Part II, item 3B.

ARTICLE 13

Preliminary inspection and more detailed inspections

Member States shall ensure that ships selected for inspection in accordance with Article 12 shall be subject to initial inspection or more detailed inspections as defined in the following :

1) The competent authorities shall ensure, in the case of each initial inspection of a ship, to the inspector as a minimum :

(a) controls the certificates and documents listed in Annex IV to be available on board under Community maritime law and conventions on safety and security ;

(b) checking for outstanding errors and deficiencies found in previous inspections carried out by a Member State or by a State party to Paris MOU have been rectified ;

(c) shall be satisfied that the general state of the ship, including the hygiene, is satisfactory, including machinery spaces and accommodation spaces.

2) When an inspection referred to in paragraph 1 is carried out, 1) in the inspection database are malfunction and deficiencies to be remedied at the next port of call, the competent authority of the next port may decide not to carry out the checks provided for in point (1). (1) (a) and (c).

3) A more detailed inspection shall be carried out, which shall include further verification of compliance with the operational requirements on board when, at the time of the paragraph, no. 1) the inspection shall be justified on grounds of suspicion that the ship ' s crew or state, ship or equipment is located in, not essentially satisfying the relevant requirements of a Convention.

There are probable cause if the inspector finds concrete evidence which, in his professional opinion, makes a more detailed inspection of the ship, its equipment or its crew justifiable.

Examples of probable cause are given in Annex V.

ARTICLE 14

Advanced Inspections

1. The following shipping categories may be subjected to an expanded inspection in accordance with Annex I, Part II, points 3A and 3B :

-ships with high-risk profile

-passenger ships, oil tankers, gas or chemical tankers, or bulk carriers over 12 years old ;

-ships with high-risk or passenger ships, oil tankers, gas or chemical tankers or bulk carriers over 12 years old in the case of top priority factors or unexpected factors

-any ships subject to a renewed inspection following an entry ban issued in accordance with Article 16.

2. The master or driver of the ship shall ensure that sufficient time has been provided for the speed plan for the extended inspection to be carried out.

Unless otherwise stated in the controls required for the safety of the safety, such ships shall remain at the port or anchor position until the inspection is completed.

On receipt of a prior notification from a vessel which may be subject to an extended periodic inspection, the competent authority shall inform the ship if an expanded inspection is not carried out.

4. This is set out in Annex VII, where an expanded inspection includes, including which areas of risk are included. The Commission shall adopt the procedure laid down in Article 31 (1). 2, measures for the implementation of Annex VII.

Article 15

Guidelines and procedures concerning safety at sea

1. Member States shall ensure that their inspectors comply with the procedures and the guidelines set out in Annex VI.

In the case of security checks, Member States shall apply the relevant procedures laid down in Annex VI to this Directive on all ships referred to in Article 3 (1). Regulation (EC) No 1, 2 and 3, in the Regulation of the European Parliament and of the Council The 725/2004 [ 11 ], which assures their ports and anchorages, unless they carry the flag of the port State where the inspection takes place.

The provisions of Article 14 of this Directive on Extended Inspection shall apply to ro-ro ferries and to high-speed passenger craft referred to in Article 2 (a) and (b) of Directive 1999 /35/EC.

When a ship is inspecting in accordance with Articles 6 and 8 of Directive 1999 /35/EC of a host State not the flag State of the ship, such a specific view shall be recorded as a more detailed or enhanced inspection, as appropriate, in : the inspection database shall be taken into account for the purposes of Articles 10, 11 and 12 of this Directive and in the calculation of whether each Member State has fulfilled their inspection obligations insofar as all the points listed in Annex VII to this Directive ; Directive is covered.

Unless the prohibition of the operation of a ro-ro ferry or a high-speed passenger craft referred to in Article 10 of Directive 1999 /35/EC is applicable, the provisions of this Directive shall apply in respect of the rectification of errors and deficiencies ; detention, access bans, follow-up of inspections, restraining and access bans, as appropriate.

If necessary, the Commission may, in accordance with the procedure laid down in Article 31 (3), Paragraph 2 shall adopt rules for the harmonized implementation of paragraph 1. One and two.

Article 16

Measures to prohibit access to certain ships

1. A Member State shall ensure that any ship that,

-the flag of a State which is appearing on the black list adopted in accordance with the Paris MOU on the basis of information recorded in the inspection database and published each year shall be published by the Commission, and over the past 36 months, which have been detained or have been banned from sailing pursuant to Directive 1999 /35/EC in a port or an anchorage in a Member State or a State which is party to Paris MOU, or

-the flag of a State which is appearing on the grey list adopted in accordance with the Paris MOU on the basis of information recorded in the inspection database and shall be published by the Commission each year, and over the past 24 months, which have been detained or have been banned from sailing pursuant to Directive 1999 /35/EC in a port or an anchorage in a Member State or a State which is party to the Paris MOU, in a port, or in an anchorage in a Member State or in a position in a Member State or in a anchorage.

prohibit access to its ports and anchorages, with the exception of situations described in Article 21 (1). 6.

The access ban is valid as soon as the ship leaves the port or anchorage where it has been withheld the third time, and where an access ban has been issued.

2. The access ban will be lifted at the earliest of three months from the date of issue of the prohibition and only when the conditions laid down in section 3-9 of Annex VIII are fulfilled.

If the ship is subject to an additional access ban, the period shall be 12 months.

3. any subsequent detention in a port or an anchorage in the Community will cause the ship to be restricted to all ports and anchorages in the Community. This third access ban may be lifted after a period of 24 months from the issue of the prohibition, but only if :

-the ship is flying the flag of a State that is neither on the black or the grey list referred to in paragraph 1. 1

the ship ' s statutory certificates and classification certificates shall be issued by one or more organisations recognised in accordance with Regulation (EC) No (EC) of the European Parliament and of the Council. 391/2009 of 23. April 2009 on common rules and standards for organisations carrying out inspections and surveys of ships (recast) [ 12 ]

the ship is managed by a high performance reicing in accordance with Annex I, Part I, item 1, and

the conditions laid down in points 3 to 9 of Annex VIII are fulfilled.

Ships 24 months after the issuing of a ban do not meet the requirements of this paragraph, permanent access to all Community ports and anchorages shall be prohibited.

After the third entry ban, any subsequent detention in a port or an anchorage in the Community shall cause the ship to be permanently banned from all ports and anchorages in the Community.

Member States shall act in the light of the implementation of this Article in accordance with the procedures laid down in Annex VIII.

Article 17

Inspection report to the master

As soon as an inspection, a more detailed inspection or an expanded inspection has been completed, the inspector will prepare a report in accordance with Annex IX. A copy of the inspection report shall be transferred to the master of the master.

Article 18

Complagues

All complaints must be made subject to a rapid initial assessment of the competent authority. This assessment shall make it possible to establish whether a complaint is justified.

If this is the case, the competent authority shall, in particular, treat the complaint duly, in particular with a view to ensuring that persons are directly affected by the complaint, the possibility of expressing their opinion.

If the competent authority considers the complaint to appear unfounded, it shall inform the complainant of its decision and its reasons for it.

The identity of the warehouse shall not be disclosed to the driver or reder of the ship. The inspector will ensure confidential treatment of any conversations with crew members.

Member States shall notify the Administration of the flag State of any complaint which is not clearly unfounded and on measures taken, if necessary, with a copy to the International Labour Organisation (ILO).

Article 19

Recovery and Retention

1. It shall be demonstrated to the competent authorities that errors and deficiencies confirmed or observed in inspection are or will be rectified in accordance with the Conventions.

2. When errors and deficiencies constitute an apparent danger to safety, health or the environment, the competent authority of the port State where the ship was inspected shall ensure that the ship is detained or that the operation, in the context of which errors and defects, is carried out ; the deficiencies were found to be disconnected. The detention or disruption of an operation shall not be repealed before the hazard is averted, or before the authorities establish that the ship may, where appropriate, be able to depart or that the operation may be resumed without the possibility of the operation, without the possibility of resuming the operation ; there is a risk to safety or health of passengers or crew, without there being any risk to other ships and without the ship or the operation to constitute a disproportionate threat of damage to the marine environment.

3. When the inspector on the basis of its professional discretion determines whether a ship is to be held, he shall apply the criteria in Annex X.

in the case of the inspection, it appears in connection with the inspection that the ship is not equipped with functional equipment for the entry of travel data, and such equipment is mandatory in accordance with Directive 2002/59/EC, the competent authority shall ensure that the ship is carried out ; is being held.

Could such errors or deficiencies which are the cause of detention shall not immediately be remedied in the port of detention, the competent authority may either allow the ship to proceed to the appropriate repair service, which is situated ; nearest the port where the ship has been detained and where errors or deficiencies may be remedied immediately, or require that errors or deficiencies be remedied within a maximum of 30 days in accordance with the guidelines established under Paris ; MOU. In this respect, the procedures provided for in Article 21 shall apply.

In exceptional cases, where it is clear that a ship ' s general status does not meet international standards, the competent authorities may defer the inspection of the ship until those responsible parties take the necessary steps to ensure that the ship complies with ; the applicable convention requirements.

6. In the event of detention, the competent authority shall inform the Administration of the flag State administration immediately in writing and, at the same time, to inform the Administration of the flag State administration or, if this is not possible, the consul or in its absence the nearest diplomatic ; the representative of the said state, of all the conditions laid down for the procedure. In addition, the authorised surveyors or the approved organizations responsible for the issue of classification certificates or regulatory certificates in accordance with the Conventions must also be notified whenever appropriate.

7. This Directive shall be without prejudice to additional requirements in the conventions laying down procedures for the notification and reporting of port state control.

Under the exercise of port state control in accordance with this Directive, everything is to be put in place to prevent any undue delay or delay. If a ship is unnecessarily held or delayed, the shipowner or operator shall be entitled to compensation for any loss or damage. In the event of alleged undue detention or delay, the shipodor operator or operator shall have the burden of proof.

9. In order to avoid the accumulation of ships in a port, the competent authority may allow a withheld ship to be maneuvered to another part of the port, if the security allows for this. However, no account shall be taken of the risk of the accumulation of ships in port when a decision is taken on detention or withdrawal of detention.

The port authorities or bodies shall cooperate with the competent authorities to facilitate the receipt of ships withheld.

10. The port authorities or bodies shall be informed as soon as possible once a decision has been taken on detention.

Article 20

Clause of appeal

The operator of a ship operator, operator or his representative in the Member State shall be entitled to appeal against a decision on detention or access to the prohibition of the competent authority. A complaint does not have any effect on the detention or access ban.

In order to do this, Member States shall establish and maintain appropriate complaints procedures in accordance with their national legislation.

The competent authority shall give it to the competent authority in paragraph 1. 1 shall be duly informed of the procedures relating to appeal and the appropriate procedures.

4. when a hold or access ban is withdrawn or altered as a result of a complaint or a request from a ship ' s reder or operator ' s representative :

the Member State shall ensure that the inspection database is immediately brought to the end of the inspection database ;

(b) shall ensure that the Member State in which the hold or access ban is issued within 24 hours of such a decision shall ensure that the information published in accordance with Article 26 is rectified.

Article 21

Follow-up of inspections and detention

Article 19 (1). The competent authorities of the Member State concerned may allow the ship without undue delay to proceed to the appropriate repair service nearest to the port where the ship is situated, or the authorities of the Member State concerned may authorize the ship without undue delay. withheld and which may take the following measures according to the choice of the master and of the authorities concerned, provided that the conditions laid down by the competent authority of the flag State and the Member State concerned shall be subject to the following : being fulfilled. The conditions must ensure that the ship can proceed to the shipyard without any risk to the safety or health of passengers or crew, without any risk to other ships and without any undue threat to the marine environment.

2. When the reason for the decision to send a ship for repair to repair is non-compliance with IMO Resolution A. 744 (18), either in relation to shipboard documents or as regards the ship ' s design flaws or defects, the competent authority may, require the necessary bulkhead measurements to be carried out in port where the ship is held before the ship is authorised to sail.

3. In the cases referred to in paragraph 1, 1, notify the competent authority of the Member State in which the inspection port is situated, the competent authority of the Member State in which the repair yard is situated, the parties referred to in Article 19 (1). 6, and all other relevant authorities, subject to the conditions laid down for the shipping.

The competent authority of a Member State which receives such notification shall inform the notify authorities of the measures taken.

4. Member States shall ensure that access to ports or anchorages shall be refused in the Community for the products referred to in paragraph 1. 1 of the ships engaged in the ship :

(a) without complying with the conditions laid down by the competent authority of the Member State in the port of inspection ; or

(b) sailing and refusing to comply with the applicable Convention requirements by not running the designated repair service.

This access ban shall remain in force until the shipowner or operator to the competent authority of the Member State in which the ship ' s defects and deficiencies were found have provided full evidence of the full meeting of the ship ; applicable convention requirements.

5. In the cases referred to in paragraph 1, Point (a), the competent authority of the Member State in which the ship's fault and deficiencies were found immediately making the competent authorities of all the other Member States aware of it.

In the cases referred to in paragraph 1. The competent authority of the Member State in which the repair yard is situated shall make the competent authorities of all other Member States aware of this.

Before the Member State issues the ban, it may request consultations with the Administration in the flag State of the affected ship.

Paragraph 6, notwithstanding the provisions of paragraph 1 4 may, in the case of force majeure or tenderers ' necessary safety reasons, or to reduce the risk of contamination or to reduce the risk of contamination or to eliminate defects and may be remedied, may cause an authorization to be remedied ; the port or anchorage provided, provided that the ship operator, operator or master has taken appropriate measures to satisfy the requirements laid down by the competent authority of the Member State concerned so that the ship may take place ; The docks or the anchorage safe.

Article 22

Professional Qualifications of Shiptors

1. The inspection is carried out solely by ship inspectors who meet the qualification criteria set out in Annex XI, and which, by the competent authority, have the authority to carry out port state control.

2. If the competent authority of the port State does not have the necessary expertise, the competent authority of this authority may be assisted by persons with the necessary expertise.

3. The competent authority, inspectors responsible for port state control and the persons who assist them must not have any commercial interest in the port of inspection or in the ships inspected ; nor shall the ship inspectors be employed ; for non-governmental organizations issuing authority and classification certificates, or to perform the surveys necessary to issue these certificates.

4. Each ship inspector shall include a personal document, in the form of an identity card issued by the competent authority in accordance with Commission Directive 96 /40/EC of 25. June 1996 on the establishment of a common model for an identity card for ship inspectors carrying out port state control [ 13 ].

5. Member States shall ensure that the qualification and compliance of ship inspectors and compliance with the minimum criteria referred to in Annex XI shall be reviewed before they are authorised to carry out inspections, and then regularly on the basis of the authorization ; the training arrangements referred to in paragraph 1. 7.

6. Member States shall ensure that ship inspectors receive appropriate post-training in changes in the port state control system used in the Community and laid down in this Directive and changes to the Conventions.

7. In cooperation with the Member States, the Commission develops and promotes a harmonised Community system for the Member States ' training of port state trospective inspectors and the evaluation of their competences.

Article 23

Reports from plots and port authorities

1. Member States shall take appropriate measures to ensure that their ceilings which bring ships to or from their quarters or engaged on ships on their way to a port in a Member State or are in transit in a Member State shall immediately notify their notification ; the competent authority of the port State or of the coastal State, where they are subject to their normal duties, to ensure that the ship has flagrant irregularities which may be at risk of safety during the voyage or which carries out the risk of the ship ; risk of damage to the marine environment.

2. If port authorities or bodies in the performance of their normal tasks are aware that a ship in port has obvious irregularities which may affect the security of the ship or which constitutes an unjustified threat of damage to the marine environment, they shall forthwith inform the competent authority of the port State concerned.

3. Member States shall impose on lots and port authorities or authorities at least to report the following information in electronic format when this is possible :

-Shipping information (name, IMO identification number, call sign and flag)

-shipping information (most recent port of call, port of destination)

-description of the flagrant irregularities detected on board.

4. Member States shall ensure that all irregularities are followed up, which are reported by pilots and port authorities or bodies, and shall record the details of the steps taken.

The Commission may, in accordance with the regulatory procedure referred to in Article 31 (1), 2, take measures for the implementation of this Article, including a harmonised electronic format and procedures for the reporting of the lodsers and the port authorities or bodies of the port authorities of obvious irregularities and of the follow-up, as appropriate ; Member States have taken place.

ARTICLE 24

Inspection Database

1. The Commission is developing, maintaining and updating the inspection database, starting with the expertise and experience in the framework of the Paris MOU.

The inspection database shall contain all the information necessary for the implementation of the inspection system introduced by this Directive and shall include the functions referred to in Annex XII.

2. Member States shall take appropriate measures to ensure that information on the actual arrival and departure times for all ships arriving at their ports and anchorages, together with an indication of the identification name of the port concerned, be transferred to the inspection database within a reasonable period of time by means of the Community ' s maritime information exchange system SafeSeaNet as referred to in Article 3 (s) of Directive 2002 /59/EC. Where Member States have transferred such information to the Inspection database by means of SafeSeaNet, they shall be relieved of the requirements for the transmission of information in points 1.2 and 2 (a) and (b) of Annex XIV to this Directive.

3. Member States shall ensure that the information on the inspections carried out pursuant to this Directive shall be transferred to the inspection database as soon as the inspection report is completed or withdrawn.

Within 72 hours, Member States shall ensure that the information transmitted to the inspection database will be validated for publication.

4. The Commission shall, on the basis of the inspection data transferred by Member States, be able to extract all the data from the inspection database which are relevant to the implementation of this Directive, in particular on the risk profile of ships, which are the risk of ships, which are the subject of : an inspection shall be inspected on the movement of ships and the inspection obligations of each Member State.

Member States shall have access to all information recorded in the inspection database and which are relevant to the implementation of the inspection procedures in accordance with this Directive.

The Member States and third countries which have signed the Paris MOU shall have access to all the information they have registered in the inspection database and for information on ships flying their flag.

ARTICLE 25

Exchange of information and cooperation

Each Member State shall ensure that its port authorities or bodies and other designated authorities or bodies communicate to the competent port state control authority the following information which they hold :

-information supplied in accordance with Articles 9 and Annex III ;

-information on ships which have failed to report any information required by this Directive and the Directive 2000 /59/EC of the European Parliament and of the Council of 27. In November 2000 on port reception facilities for ship-generated waste and cargo residues from ships [ 14 ] and Directive 2002/59/EC as well as, where applicable, Regulation (EC) No (EC) No (EC) No, 725/2004

-information on ships made without having fulfilled Articles 7 or 10 of Directive 2000 /59/EC,

-information on ships that have been refused access to or have been expelled from a port of security reasons ;

-information about flagrant irregularities in accordance with Article 23.

Article 26

Publication of information

The Commission shall publish and update on a publicly accessible website information on inspections, restraining and access bans in accordance with Annex XIII, on the basis of the expertise and experience in the framework of the Paris MOU.

ARTICLE 27

Publication of a list of shipping companies with low and low levels of performance ;

The Commission shall periodically publish and publish information on a public record of shipping companies, where performance levels with regard to the identification of the ship ' s risk profile, as referred to in Annex I, Part I, have been considered low or very low for a period of three months or longer.

The Commission shall take after the regulatory procedure referred to in Article 31 (1). 2, measures for the implementation of this Article, including the indication of how the publication is to be made.

Article 28

Allowance of expenditure

1. If the inspection referred to in Articles 13 and 14 has been confirmed or established in relation to the requirements of a Convention which makes the ship ' s detention entitlement, all expenses related to the inspection shall be subject to the inspection under one, the usual accounting period shall be borne by the shipowner, the operator or his authorised representative in the port state.

2. All expenditure related to inspection carried out by the competent authority of a Member State pursuant to Article 16 and Article 21 (1). 4, the ship ' s reder or operator shall be charged.

3. If a ship is held, all costs shall be borne by the holding at the port of the ship ' s reder or operator.

4. The hold may not be revoked until complete payment has been made, or an adequate guarantee of reimbursement of the costs has been provided.

ARTICLE 29

Information to monitor implementation

Member States shall send the Commission the information referred to in Annex XIV to the frequency referred to in the Annex.

Article 30

Monitoring the compliance of Member States by the rules and their efforts

In order to ensure the effective implementation of this Directive and to monitor the functioning of the Community port state control system in general, in accordance with Article 2 (b) (b). in (i) of Regulation (EC) No, The Commission collects the necessary information and visits to the Member States by the Commission, and shall collect the necessary information.

Article 31

Committee procedure

1. The Commission shall be assisted by the Committee on Security for Søs and Prevention of Shibe (USS) set up by Article 3 of Regulation (EC) No 2 of the European Parliament and of the Council. 2099/2002 [ 15 ].

2. When reference is made to this paragraph, Articles 5 and 7 of Decision 1999 /468/EC shall apply, cf. its Article 8.

The period laid down in Article 5 (1). 6, in Decision 1999 /468/EC shall be set at three months.

Where reference is made to this paragraph, Article 5a (3) shall apply. 1-4, and Article 7 of Decision 1999 /468/EC, cf. its Article 8.

ARTICLE 32

Change procedure

The Commission shall :

(a) adapt the annexes, except in Annex I, to take account of the entry into force of Community legislation on maritime safety and maritime safety and to conventions, international codes and resolutions of relevant international law ; organisations, as well as of developments in Paris MOU,

(b) amend the definitions referring to Conventions, international codes and resolutions and Community legislation, which are relevant to this Directive.

These measures, which are intended to amend non-essential provisions of this Directive, shall be adopted in accordance with the regulatory procedure with checks provided for in Article 31 (1). 3.

Amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive in accordance with Article 5 of Regulation (EC) No 2. 2099/2002.

Article 33

Implementing provisions

The Commission must, in the context of the preparation of the implementing rules referred to in Article 8 (1), shall be drawn up. 4, Article 10 (4). Article 14 (3). Article 15 (4). 4, Article 23 (1). 5, and Article 27 in accordance with the procedure laid down in Article 31 (1). 2 and paragraph 1. 3, take particular care that these provisions take into account the knowledge and experience gained by the inspection system in the Community and the Paris MOU region.

Article 34

Sanctions

Member States shall lay down provisions on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that these penalties are applied. The penalties shall be effective, proportionate and dissuasive.

Article 35

Evaluation

The Commission shall carry out an evaluation of the implementation of the Directive by 30. June 2012. The evaluation shall cover, inter alia, the achievement of the total Community inspection obligation under Article 5, the number of port state inspectors of each Member State, the number of inspections carried out, and whether each Member State has ; fulfil its annual inspection obligations and of the implementation of Articles 6, 7 and 8.

The Commission shall submit to the European Parliament and the Council the results of this evaluation and shall, on the basis of this evaluation, decide whether it is necessary to submit proposals for amending the Directive or proposals for further legislation ; in this area.

Article 36

Implementation and message

1. Member States shall adopt and publish no later than 31. December 2010, the laws, regulations and administrative provisions necessary to comply with this Directive.

Member States shall apply these laws and regulations from 1. January, 2011.

The provisions of these measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also contain information that references in the laws, regulations and administrative provisions applicable to the Directive repealed by this Directive shall be construed as references to this Directive ; Member States shall lay down the rules applicable to it ; the reference and the drafting of the information concerned.

Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.

Furthermore, the Commission shall periodically inform the European Parliament and the Council of the progress made in the implementation of this Directive in the Member States, in particular with a view to the uniform application of the Community inspection system.

Article 37

Repeal

Directive 95 /21/EC, as amended by the Directives listed in Annex XV, Part A, shall be repealed with effect from 1. In January 2011, without prejudice to the obligations of the Member States concerning the time limits laid down in Annex XV, Part B, for transposition into national law of the Directives.

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

Article 38

Entry into force

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

Article 39

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 23. April 2009.

[ 1 ] EUT C 318, 23.12.2006, p. 195.

[ 2 ] EUT C 229, 22.9.2006, p. 38.

[ 3 ] The European Parliament's opinion of 25.4.2007 (OJ C 74 E, 20.3.2008, p. EUR 584), Council common position of 6.6.2008 (OJ C 198 E, 5.8.2008, p. 1), the European Parliament's position of 24.9.2008 (not yet published in the Official Journal), Council Decision of 26.2.2009 and the European Parliament's legislative resolution of 11.3.2009 (not yet published in the Official Journal).

[ 4 ] OJ L 157, 7.7.1995, p. 1.

[ 5 ] EUT L 161, 22.6.2007, p. 63.

[ 6 ] OJ L 208, 5.8.2002, p. 1.

[ 7 ] OJ L 138, 1.6.1999, p. 1.

[ 8 ] OJ L 184, 17.7.1999, p. 23.

[ 9 ] EUT C 321, 31.12.2003, p. 1.

[ 10 ] OJ L 208, 5.8.2002, p. 10.

[ 11 ] EUT L 129, 29.4.2004, p. 6.

[ 12 ] See page 11 of this Official Journal.

[ 13 ] OJ L 196, 7.8.1996, p. 8.

[ 14 ] OJ L 332, 28.12.2000, p. 81.

[ 15 ] OJ L 324, 29.11.2002, p. 1.

ANNEX I

ITEMS IN THE COMMUNITY PORT STATE INSPECTION SYSTEM

(see Article 5),

The following elements shall be included in the Community port state inspection system :

I. Skibes risk profile

A ship ' s risk profile must be determined by combining the following generic and historical parameters :

1. Generic parameters

a) Type of ship

Passenger ships, oil and chemical tankers, gas tankers and bulkships must be considered to pose a higher risk.

b) Ship's age

Ships that are more than 12 years old must be regarded as taking a higher risk.

c) The performance of the flag State)

in (i) Ships whose flag state has high deholance percentage within the Community and the Paris MOU region shall be deemed to be a higher risk.

(ii) Ships whose flag state has low detention rates within the Community and the Paris MOU region shall be deemed to be a lower risk.

(iii) Ships from a flag State for which an audit is completed and for which, where appropriate, has been submitted an action plan to remedy deficiencies which are both in accordance with rules and procedures applicable to the IMO Member States ; voluntary auditing arrangements shall be deemed to have a lower risk. As soon as the measures referred to in Article 10 (1) are referred to in Article 10 (1 3, adopted, shall the flag state of such a ship document conformity with the code of implementation of binding IMO instruments.

d) Anerwell-known Organizations

(i) Ships which have received certificates from recognised organisations having a low or very low level of performance as regards their detention centre in the Community and the Paris MOU region shall be deemed to be a higher risk.

(ii) Ships having been issued certificates from recognised organisations at a high level of performance in respect of their detention centre in the Community and the Paris MOU region shall be deemed to be a lower risk.

(iii) Ships which have received certificates from recognised organisations pursuant to Regulation (EC) No (EC) No ; 391/2009 should be considered to be a lower risk.

e) The performance of the derivatives

(i) Ships of a low or very low performance laid down in the flaws and deficiencies and the detention centre in the Community and the Paris MOU region shall be deemed to have a higher risk.

(ii) Ships from a reip with a high level of performance determined by its ship's errors and shortcomings and the detention centre in the Community and the Paris MOU region shall be deemed to be a lower risk.

2. Historical parameters

in (i) Ships which more than once have been held shall be deemed to have taken a higher risk.

(ii) Ships carried out during the period set out in Annex II below the number of errors and deficiencies referred to in Annex II shall be deemed to have a lower risk.

(iii) Ships not held during the period laid down in Annex II shall be deemed to offer a lower risk.

The risk parameters shall be compared with a weighting reflecting the proportional impact of each parameter on the overall risk of the ship to determine the following shipping products :

-High risk

-standard risk

-low-risk

In determining these risk profiles, the most attention shall be paid to the parameters of ship type, flag State, recognised organisations and the shipping companies.

II. Inspection of ships

1. Periodic inspections

Periodic inspections are carried out at regular intervals. Their frequency is determined on the risk of the ship ' s risk. Interval between periodic inspections of vessels in the high-risk group must not exceed six months. The interval between the periodic inspections of ships in other risk groups must be further, the lower the risk.

Member States shall carry out periodic inspection on board :

-all ships with a high-risk profile if they are not inspected in a port or anchorage in the Community or in the Paris MOU region within the last six months. High-risk ships may be subject to inspection from the 5. Month

-all ships of a standard risk profile if they are not inspected in a port or anchorage in the Community or in the Paris MOU region in the last 12 months. Standards of default vessels may be subject to inspection from the 10th. Month

-all ships with a low-risk profile if they have not been inspected in a port or anchoring in the Community or in the Paris MOU region within the last 36 months. Low-risk ships may be subject to inspection from the 24th. Month.

2. Additional Inspections

Ships for which the following top priority factors or unforeseen factors apply may be subject to inspection whenever they were last through a periodic inspection. However, it is entrusted to the principal ' s professional opinion whether there is a need for further inspections due to unexpected factors.

2A. Factors leading to top priority

Ships for which the following top priority factors apply to inspection, regardless of when they were last through a periodic inspection :

-ships which have been suspended or withdrawn from their classes since the last inspection in the Community or in the Paris MOU region,

-ships on which another Member State has made a report or notification ;

-ships that cannot be identified in the inspection database ;

-ships,

-which has been involved in a collision, foundry or seagoing-off on the way to the port.

-which have been charged with infringement of the provisions on the spillage of harmful substances or waste water ;

-there has been manoeuvres on an irregular or not security-related manner, so that the route measures adopted by the IMO, or safe navigation and procedures have not been followed.

2B. Unexpected factors

Ships for which the following unexpected factors are applicable may be subject to inspection whenever they were last through a periodic inspection. It shall be left to the professional discretion of the competent authorities to carry out such further inspection :

-ships that have not complied with the relevant version of the IMO recommendation on navigation in the Baltic Sea voyage ;

-ships of certificates issued by an existing recognised organisation whose authorization has been revoked since the last inspection in the Community or in the Paris MOU region ;

-ships on which seatings or port authorities or bodies have reported any flagrant irregularities which may affect the safety of the shipping or which would risk damage to the marine environment, cf. Article 23 of this Directive,

-ships not meeting the relevant requirements for notification as referred to in Article 9 of this Directive and in Directive 2000 /59/EC and 2002 /59/EC and, where applicable, Regulation (EC) No (EC) No (EC) No, 725/2004

-ships for which a report or complaint has been submitted by the master, a crew member, or any person or organisation with a legitimate interest in the safety of the ship, in the case of life and / or other, the working conditions on board or in the prevention of contamination, unless the Member State concerned considers the alert or the complaint to appear unjustified ;

-ships that have been detained previously for more than three months ago ;

-ships of the reported outstanding errors and deficiencies other than ships for which errors and deficiencies must be rectified within 14 days of departure, and for errors and deficiencies to be corrected before departure ;

-ships which report the problems of their cargo, in particular harmful and dangerous goods,

-ships that have been maneuvered in such a way that there has been a danger to persons, property or the environment ;

-ships for which information from a reliable source has shown that their risk parameters differ from the registered parameters and that the risk level is therefore higher.

3. Selection Scheme

3A. Priority I ships shall be inspected as follows :

a) Extended Inspection of

-ships with high-risk products which have not been inspected during the last six months ;

-passenger ships, oil, gas, gas or chemical tankers, or bulk carriers over 12 years old, with the standard risk profile which has not been inspected in the last 12 months.

b) A preliminary or more detailed inspection is performed if appropriate, of

-any ships other than passenger ships, oil, gas or chemical tankers or bulk carriers over 12 years old with the standard risk profile, which have not been inspected in the last 12 months.

c) In the case of a top priority factor :

-shall be carried out in a more detailed or more extensive inspection post after the principal ' s professional opinion of all ships with high-risk profile and any other passenger ships, oil, gas or chemical tankers or bulk carriers over 12 years old ;

-shall be carried out in a more detailed inspection of other ships that are not passenger ships, oil, gas or chemical tankers, or bulk carriers over 12 years old.

Where the competent authority decides to inspect a priority Iship, the following shall apply :

a) An expanded inspection of :

-ships with high-risk products which have not been inspected in the last five months ;

-passenger ships, oil, gas, gas or chemical tankers or bulk carriers over 12 years old, with a standard risk profile that has not been inspected in the last 10 months ; or

-passenger ships, oil, gas, gas or chemical tankers, or bulk carriers over 12 years old, with low risk profiles which have not been inspected in the last 24 months.

b) an initial or more detailed inspection shall be carried out where appropriate by :

-any ships other than passenger ships, oil, gas or chemical tankers or bulk carriers over 12 years old, with a standard risk profile and has not been inspected in the last 10 months ; or

-any ships other than passenger ships, oil, gas or chemical tankers or bulk carriers over 12 years old, with low risk profiles and which have not been inspected during the past 24 months.

c) In the event of an unexpected factor :

-shall be carried out in a more detailed or more extensive inspection post after the principal ' s professional opinion of all ships with high-risk products or any other passenger ships, oil, gas or chemical tankers or bulk carriers over 12 years old ;

-a more detailed inspection of ships other than passenger ships, oil, gas, gas or chemical tankers or bulk carriers over 12 years old.

ANNEX II

EXHIBIT OF THE SHIP ' S RISK PROFILE

(see Article 10 (1). 2)

ANNEX III

NOTIFICATION

(see Article 9 (1). 1)

Information to be provided in accordance with Article 9 (1). 1 :

The information below shall be submitted to the port authorities or authorities or other authorities or bodies, at least three days before the expected arrival at the port or anchor place or before the departure from the previous port ; or anchorage where the duration of the voyage is expected to be less than three days :

(a) identification of the ship (name, call sign, IMO identification number, or MMSI number) ;

(b) the planned duration of stay in port or anchorage ;

c) for tankers :

i) configuration : single hull, single-hull with SBT, double-hulls,

' (ii) Load and ballast tanks : full, empty, inerted ;

the extent and nature of the load,

(d) scheduled operations in the port of destination or anchor (loading, unloading, other),

the planned statutory and comprehensive maintenance and repair work carried out in the port of destination ;

(f) the date of the most recent expanded inspection in the Paris MOU region.

ANNEX IV

LIST OF CERTIFICATES AND DOCUMENTS

(see Article 13 (2), 1))

1) International measurement letter (1969)

2)-Safety certificate for passenger ships

-Construction security certificate for cargo ships

-Equipment Safety Certificate for cargo ships

-Radio safety certificate for cargo ships.

-Exemption certificate, if applicable, including loading lists

-Safety certificate for cargo ships

3) International Shipping Certificate (ISSC) Certificate,

4) Change History

5) International suitability certificate for the transport of liquid gases in bulk

-Certificate of certificates for the movement of liquid gases in bulk

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

-Certificate of certificates for the transport of dangerous chemicals in bulk

7) International Certificate of Intervention of Oil Pollution

8) International Polling Prevention Certificate for the Carriage of toxic liquid substances in bulk

9) International cargo-certification certificate (1966)

-International exception-lorry-certificat

10) Oil record, Part I and II.

11) Ladon journal

12) Document of the ship ' s minimum manning (Minimum Safe Manning Document)

13) Certificates or other documents required in accordance with the provisions of STCW 78/95 ;

14) Medicinal certificates (cf. ILO Convention no. 73 on the medical examination of seafarers)

15) Overview of the work organisation (ILO-convention no. 180 and STCW 78/95)

16) Registers of seafarers ' working and rest periods (ILO-convention no. 180)

17) Stability information

(18) Copy of the document of compliance and safety management certificate issued in accordance with the International Safety Management Code (Safety Management) and the prevention of pollution (Solas 74, Chapter IX) ;

19) Certificates relating to the ship ' s hull and machinery issued by the recognized organisation (required only if the ship maintains its class in a recognized organization) ;

20) Document certified in accordance with the specific requirements of ships transporting dangerous goods ;

21) Safety certificate for high-speed craft and permit to drive high-speed craft

22) Special list or manifest or detailed cargo plan for dangerous goods ;

23) Shipping of samples and drills, including security drills, survey and maintenance of bailouts and events, and fire-extinguishing equipment and measures ;

24) Safety certificate for ships intended for special purposes ;

25) Safety certificate for mobile offshore drilling unit

26) For oil fuel oil tankers, the inspection and control system for the disposal of oil in the last ballast voyage (oil record) ;

Wage list, fire extinguishing plan, and passenger ships, a plan for the limitation of damage ;

28) Disaster plan in the event of oil pollution on board

(29) Syncing reports (for bulk carriers and oil tankers)

30) Reports of previous inspection in connection with port State control

31) For ro-ro passenger ships : information concerning the A/A maximum ratio ;

32) Document that authorizes cereal transport

33) Lastinsurance manual

34) Plan for waste and waste journal treatment

35) The decision-making system of ship drivers of passenger ships

36) Plan for SAR cooperation on passenger ships in regular routes

37) List of operational restrictions for passenger ships

Praise of bulk carriers

39) Plan for loading and unloading of bulk carriers

40) Certification of insurance or other financial security for the private liability of oil pollution damage (International Convention of the International Convention on Civil Liliability for Oil Pollution)

41) Certificates in accordance with Directive 2009 /20/EC of the European Parliament and of the Council of 23. April 2009 on reinsurance insurance against legal requirements [ 1 ]

The EC and Council Regulation (EC) No 42 (42) Certificated in accordance with the provisions of the 392/2009 of 23. April 2009 on the liability of transporters for accidents during sea transport by passengers [ 2 ]

43) International certificate of prevention of air pollution

44) International Sewage Pollution Prevention Certificate.

[ 1 ] See page 128 of this Official Journal.

[ 2 ] See page 24 of this Official Journal.

ANNEX V

EXAMPLES OF "PROBABLE CAUSE"

(see Article 13 (2), (3))

A. Examples of probable suspicion which cause a more detailed inspection

1. Ships in accordance with Annex I, Part 2A and 2B.

2. The oil record has not been properly conducted.

3. The verification of certificates and other documents shows that there are inaccuracies.

4. There are indications that members of the crew are not meeting the requirements for communication on board in Article 18 of Directive 2008 /106/EC of the European Parliament and of the Council of 19. November 2008 on the minimum level of training for seafarers (recast) [ 1 ].

A certificate has been acquired in a fraudulent manner, or the holder of the evidence is not the person that the certificate was originally issued to.

6. The ship has a master, officers or enlisted men who are in possession of evidence issued by a third country that has not ratified STCW 78/95.

7. It is clear that cargo and other operations shall not be carried out under secure conditions or in accordance with the guidelines laid down by the IMO, such as the oxygen content of the inertial gas supply system for the loading tanks above the prescribed maximum level.

8. An oil tanker is not in a position to show the records of the monitoring and control system for the disposal of oil in the last ballast voyage.

There is no updated list of coins, nor is the crew aware of their duties in the event of a fire, or if the ship is ordered to be dissed.

10. There are misguided distress signals that have not been followed by correcting the correct cancellation procedures.

There are no such essential equipment or arrangements in the conventions in the Conventions.

There are unmarked unsanitary conditions on board.

It is clear from the general impression of the ship's general impression and observations that hull or ship design is liable to have serious errors or deficiencies which may present a risk to the ship ' s construction, waterproofing and weatherness.

14. The ship ' s master or crew is not familiar with essential functions on board the ship ' s security or the pollution control or that such functions have not been carried out.

There are no records of the working organisation on board or registers of seafarers ' hours of work and rest periods.

B. Examples of probable suspicion on ship security controls

1. The inspector may, under the initial inspection of the port State control, establish that, on the basis of probable suspicion, additional measures for the control of the safety shall be required :

1.1. ISSC is not valid or has expired.

1.2. The ship security level is lower than the port.

1.3. Exerciations relating to ship ' s security have not been carried out.

1.4. Records of the last 10 interfaces between ship and port or between ships are incomplete.

1.5. Evidence of or finding that the ship's key personnel are unable to communicate with each other.

1.6. Evidence on the basis of observations that there are serious errors and shortcomings in the security measures.

1.7. Information from third parties, such as reports or complaints relating to safety.

1.8. The ship is in possession of a temporary International Ship Security Certificate (ISSC), which has been issued subsequently and one of the ship ' s or the shipping company ' s purpose in requesting such a certificate pursuant to the professional inspector's professional opinion. the assessment is to avoid complete conformity with Solas 74 Chapters XI-2 and the Part A of the ISPS Code, in addition to the period in which the initial temporary certificate is in force. The Part A of the ISPS Code is under which circumstances a temporary certificate may be issued.

If, in the absence of the above, probable cause may be suspected, the inspector shall immediately inform the competent authority of the vessel (unless the inspector is also duly authorized, security officer). The competent security authority shall subsequently decide which additional control measures are required in view of the security level, cf. rule no. 9 in Solas 74, chapter XI.

3. Reasonable reasons other than the above may be determined only by the duly authorised, security officer responsible.

[ 1 ] OJ L 323, 3.12.2008, p. 33.

ANNEX WE

PROCEDURES FOR CONTROLLING SHIPS

(see Article 15 (1). 1)

Annex 1 to Paris-MOU : procedures for port State control ("Port State Control Procedures" (PSCPs)) and the following instructions from the Paris MOU in the updated version :

-Instruction 33/2000/02 : Operational Control on Ferries and Passenger Ships (Instructions 33/2000/02) on operational control on ferries and passenger ships)

-Instruction 35/2002/02 : Guidelines for PSCOs on Electronic Charts (Instructions 35/2002/02 on guidelines on electronic sea cards for port state auditors)

-Instruction 36/2003/08 : Guidance for Inspection on Working and Living Conditions (Instructions 36/2003/08 on Guidelines for the inspection of work and accommodation conditions)

-Instruction 37/2004/02 : Guidelines in Compliance with STCW 78/95 Convention as Amended (Instructions 37/2004/02 for port state auditors on STCW 78/95, as amended)

-Instruction 37/2004/05 : Guidelines on the Inspection of Hours of Work / Rest (Instructions 37/2004/05 guidelines for the inspection of work and rest time)

-Instruction 37/2004/10 : Guidelines for Port State Control Officers on Security Aspects (Instructions 37/2004/10 for port state auditors on safety aspects)

-Instruction 38/2005/02 : Guidelines for PSCO's Casean Voyage Data Recordes (VDR) (Instructions 38/2005/02 for port state control operators controlling black boxes (VDR))

-Instruction 38/2005/05 : Guidelines on Marpol 73/78 Annex I (Instructions 38/2005/05 Guidelines on the Annex I to the Marpol Convention)

-Instruction 38/2005/07 : Guidelines on Control of the Condition Assessment Scheme (CAS) of Single Hull Oil Tankers (Instructions 38/2005/07) on the control of the single-hull oil tanker (s)

-Instruction 39/2006/01 : Guidelines for the Port State Control officer on the ISM Code (Instructions 39/2006/01 on guidelines for port state auditors on the ISM Code)

-Instruction 39/2006/02 : Guidelines for Port State Control Officers on Control of GMDSS (Instructions 39/2006/02) on guidelines for port state auditors for control of GMDSS)

-Instruction 39/2006/03 : Optimisation of Banning and Notification Checklist (Instructions 39/2006/03) for optimization of the check list in connection with the prohibition and notification)

-Instruction 39/2006/10 : Guidance for PSCOs for the Examination of Ballast Tanks and Main Power Failure Simulation (Black-out test) (Instructions 39/2006/10 on guidelines for port state auditors as regards the investigation into ballast tanks and simulated malfunction in main power supply (pantograph test))

-Instruction 39/2006/11 : Guidance for the Structure of Bulk Carriers (Instructions 39/2006/11 on guidelines for the control of bulkships ' s construction)

-Instruction 39/2006/12 : Code of Good Practice for Port State Control Officers (Instructions 39/2006/12) on guidelines for good practice for port state auditors),

-Instruction 40/2007/04 : Criteria for Responsibility Assessment of Recognised Organisations (R/O) (Instructions 40/2007/04) on the liability assessment of recognised organisations)

-Instruction 40/2007/09 : Guidelines for Port State Control Inspections for Compliance with Annex VI of Marpol 73/78 (Instructions 40/2007/09 on guidelines for port state inspectors in relation to compliance with Annex VI to Marpol 73/78).

ANNEX VII

EXPANDED INSPECTION OF SHIPS

(see Article 14),

An expanded inspection relates in particular to the general state of the following risk areas :

-documentation

-the state of construction.

-Weather density.

-Emergency systems

-radiocommunications

-loading and landfill operations ;

-fire safety,

-alarms

-accommodation and working conditions,

-navigation equipment

-rescue equipment

-dangerous goods

-the operating and auxiliary machinery ;

prevention of pollution.

In the light of the practical feasibility or limitations of the safety of persons, ship or port security, an expanded inspection will also include the control of specific elements on the risk areas that depend on it ; inspected vessel type, cf. Article 14 (2) ; 3.

ANNEX VIII

PROVISIONS RELATING TO ACCESS BANS TO PORTS AND ANCHORAGES IN THE COMMUNITY

(see Article 16),

The conditions laid down in Article 16 (1). 1. shall notify the authority of the port where the third detention of the ship takes place, in writing to the master of the ship, that an entry ban will be issued, which shall enter into force immediately after the ship has left port. The access ban shall enter into force once the ship has left the port, after the errors and deficiencies which led to the detention have been remedies.

2. The authority shall send a copy of the access ban to the Administration of the flag State, the recognised organisation, the other Member States and the other States party to the Paris MOU, the Commission and the Paris MOU Secretariat. The competent authorities shall also update the inspection database immediately with information on the access ban.

In order for the access ban to be lifted, the shipowner or operator shall correct a formal request to the authority of the Member State which depreciate the access ban. This request must be accompanied by a document issued by the Administration of the flag State after a duly authorized ship inspector has paid a visit to the ship and found that the ship is fully in accordance with the ship ' s inspection by the flag of the flag State administration. provisions in force in the Conventions. The flag State administration shall provide proof to the competent authority that a visit has been made on board.

4. The request to lift the access ban must also be accompanied where appropriate, accompanied by a document issued by the classification society in which the ship is classified after an inspector from the classification society has visited on board, in which the ship has been visited ; indicate that the ship complies with the classification standards specified by the company. The classification society shall submit to the competent authority the evidence that a visit has been made on board.

5. The access ban may be lifted only after the expiry of the period referred to in Article 16 and shall be re-inspecting the ship in an approved port.

Where the authorised port is situated in a Member State, the authority of this State may, at the request of the authority of the Member State issuing the access ban, authorize the ship to take the approved port in order to carry out the renewal inspection. In this case, no loading operations shall be carried out in port until the access ban is lifted.

6. If the detention that led to the issuing of an access ban relates to defects and defects in the ship ' s structure, the competent authorities which issued the access ban may require that certain areas, including cargo spaces and tanks, be made ; available for examination during the renewal inspection.

7. The renewed inspection shall be carried out by the competent authority of the Member State which laid down the access ban or by the competent authority in the port of destination, in agreement with the competent authority of the Member State which established ; the access ban. The competent authority may require a renewed inspection to be set up to 14 days in advance. Documentation must be provided to the Member State ' s satisfaction that the vessel is fully in compliance with applicable requirements in the Conventions.

8. The renewal inspection shall be carried out as an expanded inspection, which shall at least include all the relevant items listed in Annex VII.

9. All costs of this extended inspection will be borne by the shipowner or operator.

10. If the result of the expanded inspection is satisfactory for the Member State, cf. Annex VII shall be repealed, and the ship ' s reinforers shall be informed in writing.

The Agency shall also communicate in writing its decision to the Administration of the flag State, the classification society in question, the other Member States, the other States party to the Paris MOU, the Commission and the Paris MOU secretariat. The competent authorities shall also update the inspection database immediately with information on the suspension of the access ban.

12. Particulars relating to ships banned from ports and anchorages in the Community shall be made available in the inspection database and shall be made public in accordance with the provisions of Article 26 and in Annex XIII.

APPENDIX IX

INSPECTION REPORT

(see Article 17),

The inspection report shall include at least the following :

I. General

1. The Agency which has produced the report

2. Date and place where the inspection has taken place

3. Name of ship which has been inspected

4. Flag

5. Ship type (as indicated on the safe ship ' s certificate)

6. IMO identification number,

7. Call Design

8. Tonnage (gt)

9. Deadweight in ton (if applicable)

10. Congeal years on the basis of the date specified in the ship ' s safety certificates

the classification society / classification societies, as well as any other organisation, if applicable, which has issued any classification certificates to the ship ;

12. The recognised organisation (s) and / or any other party which, on behalf of the flag State, has issued certificates to the ship in accordance with the applicable Conventions ;

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

14th name and address of the consignor responsible for the selection of the ship, and the type of charter for ships carrying liquid or solid cargo in bulk

15. The end date of the preparation of the inspection report

16. the indication that detailed information about an inspection or a detention may be published.

II. Inspection information

1. Certificates issued in accordance with the relevant Conventions, the authority or organisation that issued it or the certificates, the date of issue and the expiry date of the certificate ;

2. The parts or elements of the ship that have been inspected (in the case of a more detailed or enhanced inspection) ;

3. Port and date of the most recent intermediate or yearly sight or review and indication of the organisation which has carried out the sight

4. Inspection Type (Inspection, More Detailed Inspection, Extended Inspection)

5. Mistakes and deficiencies

6th Trufne measures.

III. Additional information in the case of detention

1. Retention Resolution Date

2. Date of withdrawal of detention

3. The nature of the errors and deficiencies that justifies the decision to hold (references to the conventions, if applicable) ;

4. In the event of a failure to indicate whether the recognised organisation or other private agency responsible for the inspections had a responsibility for the deficiencies which were in the sole or combined hold

5. Trufn measures.

APPENDIX X

CRITERIA FOR THE DETENTION OF A SHIP

(see Article 19 (1). 3)

INTRODUCTION

The inspector ' s decision to determine whether errors and deficiencies found during an inspection make the detention of the ship justified shall be based on the criteria set out in paragraphs 1 and 2.

Paragraph 3 contains examples of errors and shortcomings which can only make withholding the ship concerned entitled, cf. Article 19 (1). 4.

If the cause of a detention is caused by accident due to an accident on which the ship has been in transit to a port, no order shall be issued for detention purposes, provided that :

(a) due consideration has been taken of the requirements for reporting contained in Solas 74 Regulation 1/11 (c) concerning the notification of the Administration of the flag State, the designated ship inspector or the approved organisation responsible for ; the issuance of the certificate in question ;

(b) the master or the operator of the ship ' s port of port has notified the port State control authorities the particulars of the accident and the alleged injuries, as well as information on the required information to the flag State authority ;

c) the ship ' s side has taken appropriate measures to repair the damage to the satisfaction of the authority ; and

(d) the authorities after having been informed of the completion of the completion of the work, have ensured that the damage and shortcomings that unambiguously put a risk to safety, health and the environment have been remedies.

1. Basic Criteria

The decision of the inspector on the possible detention of a ship shall be taken out of a professional opinion and on the basis of the following criteria :

Choice of time :

Ships which would be indefensible to depart shall be held after the initial inspection without regard to the period during which the ship is to be in port.

Criteria :

A ship must be detained if its faults and shortcomings are so serious that the inspector considers it necessary to make a new visit on board, in order to ensure that errors and deficiencies have been rectified before the ship leaves.

This means that this is such a serious error and is lacking in the need for a new visit to the ship to be visited on board. It does not, however, make such a compulsory visit compulsory in all cases. This means that, on the one hand or another, the authorities, preferably in a new visit, must check that errors and deficiencies have been rectified before the ship leaves.

2. Application of the basic criteria

The inspector ' s decision to determine whether or not detected defects on a ship is so serious that the ship should be held shall be taken on the basis of the following estimates :

1. The ship has the appropriate and valid documents ;

2. whether the ship has been staffing in accordance with the document on the minimum staffing document.

In addition, during the inspection, the inspector must assess whether the ship and / or crew are capable of :

3. safe sailing during the forthcoming voyage ;

4. safe handling, transport and surveillance of the cargo during the forthcoming voyage ;

5. the safe operation of the machinery space during the forthcoming voyage ;

6. Correct propulsion and power during the forthcoming voyage ;

7., where necessary, effective fire control throughout the ship during the forthcoming voyage ;

8, where necessary, rapid and secure evacuation of the ship and carry out rescue operations during the forthcoming voyage ;

9. to prevent environmental pollution during the forthcoming voyage ;

10. to ensure adequate stability during the forthcoming voyage ;

11 sufficient guarantee that the ship is watertight during the forthcoming voyage ;

12. if necessary to communicate with the outside world in a disaster situation during the forthcoming voyage ;

13. The guarantee of safe and hygienic conditions under the forthcoming voyage ;

Fourteen, in the event of an accident, to give as much information as possible.

If one of these assessments is justified, it must be considered, in the light of all the errors made, to refuting the ship in a strong way. Several minor errors and shortcomings can also make a detention of the ship justified.

3. As assistance to the ship inspector under the use of these guidelines, the following shall be grouped under the relevant Conventions and / or codes, a list of errors and deficiencies deemed to be so serious that they may make a hold the ship concerned shall be entitled. The list is not exhaustive.

3.1. General

Missing valid certificates and documents as specified in the relevant Conventions. However, the ship that is flying the flag of a non-convention or which has not implemented another relevant Convention shall not be entitled to the certificates under this Convention or any other relevant Conventions. The absence of mandatory certificates is therefore not, in itself, a reason for these ships, but, in the use of the non-favourable treatment clause, the ship must, however, satisfy all essential parts of the provisions before leaving the ship.

3.2. Areas under Solas 74

1. In the proper functioning of the propulsive machinery and other essential machinery and in electrical installations,

2. Lack of purification of the engine room, excessive volume of oil-containing mixtures in the gutter, insulation of pipes including oil-contaminated exhaust pipes in the engine room, incorrectly functioning of the lower-sepsis-the-side-side devices

3. Svive in the correct operation of emergency generators, lighting, batteries and contacts

4. Svive in the correct operation of main and auxiliary steering gear.

5. Missing, insufficient amount of or serious damage to personal life-saving appliances, lifeboats and launching appliances

6. Missing, non-regulatory or significant damage to fire-extinguishing equipment, fire alarms, fire extinguishing equipment, fixed fire extinguishing equipment, ventilation fire, fire bumpers, hot-fire, so that they may not be used for it ; intended use

7. Missing, significant damage to or failure of the proper operation of fire-extinguishing equipment on the deck of tankers ;

8. missing, non-regulatory or serious damage to navigation lights, signalling characters or audible warning devices

9. Missing radio equipment for emergency message and security or failure messages in its proper operation

10. Missing or failing in the proper operation of navigational equipment, taking account of Solas 74 reglement V/ 16.2

11. a missing update card, and / or all other relevant non-specific publications necessary for the intended voyage ; however, a type-approved electronic card display and information system (ECDIS) used in the official data is used in : the place of mentioned cards,

12. lack of sparking fans from the pump pump rooms.

13. Serious operational errors and deficiencies as described in section 5.5 of Annex 1 to the Paris MOU.

14. Number of crew members, composition or certification of crew shall not correspond to the safe manning document ;

15. the expunated synprogramme of the extended programme under Solas 74, Chapter XI, rule no. 2.

3.3. Areas under the IBC Code

1. Transport of a substance not listed in the Certificate of Fitness or the lack of information on the cargo ;

2. Missing or damaged overpressure safety devices

3. ELECTRICAL ELECTRICAL ELECTRICHS OR MICHING THE METRICAL ' S ' S '

4. Possibility of ignition in dangerous areas

5. Specific requirements Extreme

6. Examination of the maximum allowable quantity of goods per year. tank

7. Insufficient heat protection of sensitive products.

3.4. Areas under the IGC code

1. Transport of a substance not listed in the Certificate of Fitness or the lack of information on the cargo ;

2. Missing end-use shutter devices for accommospaces or services

3. Scotsman who are not gainate

4. Defects air extinguiser

5. Missing or defective fast-gluing vents

6. Missing or defective safety valves

7. Electrical installations which are not self-assured (blast sites) or which do not correspond to the requirements of the Code ;

8. Ventilate Ventilators are not functioning

9. The overpressure systems for the cargo tanks are not functioning

10. Defect gas detection system and / or toxic gas detection system

11. Transport of substances without a valid inhibitor certificate, where an inhibitor is to be added.

3.5. Areas under LL 66

1. Essential areas of injury, corrosion or gaps in the outer hatching and associated reinforcements in decks and hull, which affect the viability or the strength of the ship to withstand local liability unless a sufficient interim has been made ; repair for sailing to a port for final repair ;

2. Constained insufficient stability

3. The shortage of adequate and reliable information in approved form, which quickly and easily gives the master the possibility of arranting the ship ' s cargo and ballast in such a way that there is always and under varying conditions under the prevails ; adequate safe stability margin and that there is no unreasonable influence on the design of the ship ;

4. Missing, significant damage to or defective hatching devices, hatching devices and watertight doors ;

5. Overload

6. Missing or unread depth markers.

3.6. Areas under Marpol 73/78, Annex I

1. Missing, severe damage to or failure of the proper operation of oil-processing plants, oil-depleting monitoring and control systems or 15 ppm alarms

2. Insufficient residual capacity in slop-and / or the sludding tank for the intended voyage ;

3. Oil record not available

4. Installation of unauthorised city-pass-valves for loning

5. Synch report missing or not in accordance with Rule 13G (3) (b) in Marpol 73/78.

3.7. Areas under Marpol 73/78, Annex II

1. No P & A Manual

2. The charge is not categorized

3. No Lastefile

4. Transport of oil-like substances, without compliance with the requirements for this, have been met or without any relevant modification of the certificate ;

5. Installation of unauthorized by-pass-valves for loning.

3.8. Areas under Marpol 73/78, Annex V

1. Waste Management No Plan

2. No trash journal

3. The ship ' s crew shall not be familiar with the requirements concerning disposal / discharge in the waste management plan.

3.9. Areas under STCW 78/95 and Directive 2008 /106/EC

1. The seafarers do not have any seafarers ' certificates, have no valid certification, or may not prove that applications have been filed for the Administration of the Administration of the Administration of the flag State ;

2. Accepting that proof has been acquired in a fraudulent manner, or that the holder of the evidence is not the person the certificate was originally issued to :

3. Failure to comply with flag State administration requirements for secure manning

4. manatable fulfillment of the requirements of the flag State administration for the bridge and machinery security

5. a guard is missing from a guard who can operate the equipment that is essential for secure navigation, radio communication or the prevention of marine pollution.

6. There is no evidence of professional competence for the tasks assigned to the crew in connection with the safety and prevention of pollution ;

The inability of the first guard to make a guard shift at the start of a voyage, and then to provide the watchdogs, which are sufficiently rested and, by the way, appropriate to do the right thing.

3.10. Areas under the ILO Conventions

1. Insufficient enough provisioning for port to next port ;

2. shortage of adequate drinking water for shipping to the next port

3. Unmarked unhygienic conditions on board

4. No warmup options in chambers, accommospaces, etc., on a ship that sails in areas where temperatures can be very low

5. Insufficient ventilation in the ship ' s habitat ;

6. Unusual large quantities of waste, blocking with equipment or cargo or in any other way injustifiable conditions in corridors / residence rooms

7. Clear signs of the duty officer on the first watch or subsequent security solutions to be inhibited by fatigue.

3.11. Areas which may not hold back entitlement, but where, for example, lasting operations may be set

In the proper functioning (or maintenance) of the inertial gas plant, the laster-related equipment or machinery, is considered sufficient reason to stop loading operations.

APPENDIX XI

MINIMUM QUALITY OF SKIERS

(see Article 22 (2) ; 1 and 5)

1. The inspectors must possess appropriate theoretical knowledge and have practical experience of ships and ship operations. They must be able to enforce the requirements of Conventions and in the relevant procedures of the port State control. This knowledge and competence in enforcement of international requirements and Community requirements must be achieved with documented training programmes.

2. Ship inspectors shall at least be in possession of either :

a) relevant skills attained by a maritime or navigation school and navigation, as certified as a certified naval officer, or has been the holder of a valid STCW 78/95 II/2 or III/2 proof that is not limited in the field of the area of work ; propulsion power or tonnage, or

(b) diplomas recognised by the competent authority, a ship engineer, engineer or engineer, specialising in the maritime area and have worked as such for at least five years, or

(c) a relevant university degree or equivalent, and shall be appropriately trained and qualified as a ship ' s inspectors.

3rd Skin Inspectors shall have

-the work shall be at least one year as a flag State inspector, where they have either been engaged in surveys and certification in accordance with the Conventions or have participated in the monitoring of activities carried out by recognised organisations that have been granted ; authority tasks, or

-obtained a corresponding level of competence through at least one year's practical study and participation in port state control under the guidance of experienced persons in port state control.

4. A ship inspector with the training referred to in paragraph 2 (a) shall have at least five years of experience at sea, including periods where he worked as a deck officer or as an officer in the machine partition or as a flag State inspector or as a flag State inspector ; Assistant Port State Inspector. Such experience must cover at least two years at sea as deck or machine officer.

5. Ship inspectors shall communicate orally and in writing, in writing, with seafarers in the most speaking language at sea.

6. Dial inspectors who do not meet the above criteria may also be approved if they are to be employed by the competent authorities of a Member State to carry out port State control at the date of adoption of this Directive.

7. If they are provided for in Article 15 (1), The inspections referred to in a Member State in a Member State shall be carried out by inspectors from port State control, such inspectors must be in possession of appropriate qualifications, including adequate theoretical and practical experience in maritime safety. This includes normally :

(a) a good understanding of maritime security and how it applies to the functions being investigated ;

b) a good practical knowledge of security technologies and techniques ;

c) knowledge of the principles of inspection, procedures and techniques ;

(d) practical knowledge of the functions being investigated.

ANNEX XII

INSPECTION OF THE INSPECTION DATABASE

(see Article 24 (1). 1)

1. The Inspection database must at least have the following functions :

-contain the inspection data from Member States and all States that have signed Paris MOU

to provide data on the ship ' s risk profile and on ships required to be inspected ;

-calculate the inspection obligations of each Member State ;

-generate the white, the grey and the black list of flag states referred to in Article 16 (1). 1

-generating data on the performance of the shipping companies

-identify the elements of the risk areas which are to be checked at each inspection.

2. The inspection database must be designed to adapt to future developments and cooperated with other Community databases relating to safety at sea, including SafeSeaNet, providing data on the real anthem of ships in the ports of the Member States ; and where : It is appropriate to have relevant national information systems.

3. The inspection database must be connected to the information system Equasis by using a hyperhyperlink. Member States shall encourage the availability of public and private databases on the inspection of ships available through the information system Equasis, shall be consulted by the inspectors.

ANNEX XIII

PUBLICATION OF INFORMATION RELATING TO INSPECTIONS, RESTRAINING AND ACCESS BANS IN PORTS AND ANCHORAGE OF MEMBER STATES

(see Article 26),

1. The information published in accordance with Article 26 shall include the following :

the name of the ship ;

b) IMO identification number

c) ship type

(d) tonnage (gt)

(e) building years on the basis of the date specified in the ship ' s safety certificates ;

the name and address of the ship ' s shipping company ;

(g) for ships carrying liquid or solid cargo in bulk, the name and address of the consignor responsible for the selection of the ship and the type of charter ;

(h) flag State

i) the classification and authority certificates in accordance with the relevant Conventions and the authority or organisation which has issued each of the certificates in question, and the date of issue and expiry date ;

the port and the date of the latest intermediate or annual survey of the certificates referred to in (i), and indication of the authority or organisation which has carried out the monitoring ;

the date, the country, the port of which the hold has taken place.

2. For withheld ships, the information provided under Article 26 shall also include :

a) number of detentions in the last 36 months,

(b) the date of cancellation of the detention ;

c) the duration of detention, expressed in days ;

d) the reasons for withholding expressed in clear and unambiguous manner

e), where applicable, the recognition of the recognised organisation responsible for the errors and deficiencies which, in their own or combined, led to detention ;

(f) the description of the measures taken for a ship which has been authorised to proceed to the nearest appropriate repair service,

and (g) when the ship is denied access to a port or anchorage in the Community, the reasons are set out in clear and unambiguous manner.

ANNEX XIV

INFORMATION TO BE SUPPLIED IN THE MONITORING OF IMPLEMENTATION

(see Article 29),

1. Member States shall notify the first of the 1. April each year, the Commission shall provide the following information concerning the previous year :

1.1. Number of ship inspectors working on their behalf with port state control

This information is transmitted to the Commission using the following table [ 1 ] [ 2 ] below.

1.2. Total number of individual ships that took place at national level. The number shall indicate the number of vessels covered by this Directive and which would enter their ports at national level. Each ship is counted only once.

2. Member States shall :

(a) every six months, the Commission shall send the Commission a list of the ports of the individual ships that have entered their ports or arriving at an anchorage to a port authority or port body, except for regular ferry services, passengers and goods, indicating the IMO identification number, the date of arrival and the port of each of the ship ' s movements. The list is presented in the form of a worksheet from which the information that you mentioned can be retrieved and processed automatically. This list shall be submitted within four months of the expiry of the period in which the data relates ;

and

(b) the Commission shall send separate views of the regular ferry operations, on the one hand, by passengers, and partly by goods referred to in subparagraph (a), within six months of the implementation of this Directive and thermoods of changes taking place in the Directive ; regular ferry services. The list shall contain the identification number of the IMO, the name and route of the vessel in which the ship has been followed. The list is presented in the form of a worksheet from which the information that you mentioned can be retrieved and processed automatically.

[ 1 ] If the inspections carried out in the framework of port state control only form part of the ship ' s activities, the total number of ship inspectors shall be converted into a number of equivalents full-time surveyors. If the same ship inspector is working more than one port or geographical area, the applicable part-time equivalent shall be counted in each port.

[ 2 ] This information shall be entered at national level and for each port of the Member State concerned. For the purposes of this Annex, an individual port or geographical area covered by a ship ' s inspector or a team of ship inspectors, which covers several individual ports, is understood in this Annex, shall mean a port of individual ports or a team of ship inspectors, where applicable.

APPENDIX XV

PART A

Repeared Directive with its changes

(see Article 37 ;

SHARE B

List of deadlines for transposition into national law

(see Article 37 ;

APPENDIX XVI

Correlation table

(see Article 37 ;

1) The announcement contains provisions that implement parts of Directive 2009 /16/EC of the European Parliament and of the Council on port state control.